[HISTORY: Adopted by the Village Board of Trustees 10-4-1993 (Title 15, Ch. 1, of the 1993
Code of Ordinances), as amended through 2-17-2015. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Alarm systems — See Ch. 160.
Fire protection and prevention — See Ch. 241.
Floodplain zoning — See Ch. 253.
Mobile homes — See Ch. 328.
Access to public buildings — See Ch. 367.
Stormwater management and erosion control — See Ch. 413.
Subdivision of land — See Ch. 424.
Zoning — See Ch. 480.
A.
Title. This chapter shall be known as the "Building Code of the Village
of Spencer" and will be referred to in this chapter as "this code,"
"this chapter" or "this ordinance."
B.
Purpose. This chapter provides certain minimum standards, provisions
and requirements for safe and stable design, methods of construction
and uses of materials in buildings and/or structures hereafter erected,
constructed, enlarged, altered, repaired, moved, converted to other
uses or demolished, and regulates the equipment, maintenance, use
and occupancy of all such buildings and/or structures. Its purpose
is to protect and foster the health, safety and well-being of persons
occupying or using such buildings and the general public.
C.
Scope. New buildings hereafter erected in, or any building hereafter moved within or into, the Village shall conform to all the requirements of this chapter except as they are herein specifically exempted from part or all of its provisions. Any alteration, enlargement or demolition of an existing building and any installation therein of electrical, gas, heating, plumbing or ventilating equipment which affects the health or safety of the users thereof or any other persons is a "new building" to the extent of such change. Any existing building shall be considered a "new building" for the purposes of this chapter whenever it is used for dwelling, commercial or industrial purposes, unless it was being used for such purpose at the time this chapter was enacted. The provisions of this chapter supplement the laws of the State of Wisconsin pertaining to construction and use and Chapter 480, Zoning, of the Code of the Village of Spencer and amendments thereto to the date this chapter was adopted and in no way supersede or nullify such laws and said Chapter 480, Zoning.
A.
Permit required.
(1)
General permit requirement. No building of any kind shall be moved
within or into the Village and no new building or structure, or any
part thereof, shall hereafter be erected, or ground broken for the
same, or enlarged, altered, moved, demolished, razed or used within
the Village, except as herein provided, until a permit therefor shall
first have been obtained by the owner, or his authorized agent, from
the Building Inspector.
(2)
Alterations and repairs. The following provisions shall apply to
buildings altered or repaired:
(a)
Alterations. When any existing building or structure accommodates
a legal occupancy and use but is of a substandard type of construction,
then alterations which involve beams, girders, columns, bearing or
other walls, room arrangement, heating and air-conditioning systems,
light and ventilation, or changes in location of exit stairways or
exits, or any or all of the above, may be made in order to bring such
existing construction into conformity with the minimum requirements
of this chapter applicable to such occupancy and use and given type
of construction, when not in conflict with any other regulations.[1]
(b)
Repairs. Repairs for purposes of maintenance, or replacements
in any existing building or structure which do not involve the structural
portions of the building or structure or which do not affect room
arrangement, light and ventilation, access to or efficiency of any
exit stairways or exits, fire protection, or exterior aesthetic appearance
and which do not increase a given occupancy or use, shall be deemed
minor repairs.
(c)
Alterations when not permitted. When any existing building or
structure, which, for any reason whatsoever, does not conform to the
regulations of this chapter, has deteriorated from any cause whatsoever
to an extent greater than 50% of the equalized value of the building
or structure, no alterations or moving of such building or structure
shall be permitted. Any such building or structure shall be considered
a menace to public safety and welfare and shall be ordered vacated
and thereafter demolished and debris removed from the premises.
(d)
Alterations and repairs required. When any of the structural
members of any building or structure have deteriorated from any cause
whatsoever to less than their required strength, the owner of such
a building or structure shall cause such structural members to be
restored to their required strength; failing in which the building
or structure shall be considered a menace to public safety and shall
be vacated, and thereafter no further occupancy or use of the same
shall be permitted until the regulations of this chapter are complied
with.
(e)
Extent of deterioration. The amount and extent of deterioration
of any existing building or structure shall be determined by the Building
Inspector.
B.
Application. Application for a building permit shall be made in writing
upon a form furnished by the Building Inspector or his designee and
shall state the name and address of the owner of the land and also
the owner of the building, if different, the legal description of
the land upon which the building is to be located, the name and address
of the designer, the use to which said building is to be put and such
other information as the Building Inspector may require.
C.
Site plan approval.
(1)
Site plan approval. All applications for building permits for any
construction, reconstruction, expansion or conversion, except for
one- and two-family residences in residentially zoned districts, shall
require site plan approval by the Village Board in accordance with
the requirements of this section. The applicant shall submit a site
plan and sufficient plans and specifications of proposed buildings,
machinery and operations to enable the Village Board or its expert
consultants to determine whether the proposed application meets all
the requirements applicable thereto in this chapter.
(2)
Administration. The Building Inspector shall make a preliminary review
of the application and plans and refer them along with a report of
his findings to the Village Board. The Village Board shall review
the application and may refer the application and plans to one or
more expert consultants selected by the Village Board to advise whether
the application and plans meet all the requirements applicable thereto
in this chapter. Within 30 days of its receipt of the application,
the Village Board shall authorize the Building Inspector to issue
or refuse a building permit.
(3)
Requirements. In acting on any site plan, the Village Board shall
consider the following:
(a)
The appropriateness of the site plan and buildings in relation
to the physical character of the site and the usage of adjoining land
areas.
(b)
The layout of the site with regard to entrances and exits to
public streets; the arrangement and improvement of interior roadways;
the location, adequacy and improvement of areas for parking and for
loading and unloading; and shall, in this connection, satisfy itself
that the traffic pattern generated by the proposed construction or
use shall be developed in a manner consistent with the safety of residents
and the community, and the applicant shall so design the construction
or use as to minimize any traffic hazard created thereby.
(c)
The adequacy of the proposed water supply, drainage facilities
and sanitary and waste disposal.
(d)
The landscaping and appearance of the completed site. The Village
Board may require that those portions of all front, rear and side
yards not used for off-street parking shall be attractively planted
with trees, shrubs, plants or grass lawns, and that the site be effectively
screened so as not to impair the value of adjacent properties nor
impair the intent of purposes of this section.
(4)
Effect on municipal services. Before granting any site approval,
the Village Board may, besides obtaining advice from consultants,
secure such advice as may be deemed necessary from the Building Inspector
or other municipal officials, with special attention to the effect
of such approval upon existing municipal services and utilities. Should
additional facilities be needed, the Village Board shall not issue
the final approval until the Village has entered into an agreement
with the applicant regarding the development of such facilities.
(5)
Appeals. Denials of building permits contingent upon site plan approval
may be appealed to the Zoning Board of Appeals by filing a notice
of appeal with the Village Administrator-Clerk/Treasurer within 10
days of the denial.
D.
Dedicated street and approved subdivision required. No building permit
shall be issued unless the property on which the building is proposed
to be built abuts a street that has been dedicated for street purposes.
No building permits shall be issued until the subdivision and required
improvements are accepted by the Village Board.
E.
Utilities required.
(1)
Residential buildings. No building permit shall be issued for the
construction of any residential building until sewer, water, grading
and graveling are installed in the streets necessary to service the
property for which the permit is required and a receipt for payment
of electrical hookup is presented to the Building Inspector.
(2)
Nonresidential building. No building permit shall be issued for the
construction of any building other than residential until contracts
have been let for the installation of sewer, water, grading and graveling
in the streets necessary to service the property for which the permit
is requested.
(3)
Occupancy. No person shall occupy any building until sewer, water,
grading and graveling are installed in the streets necessary to service
the property, and a certificate of occupancy shall not be issued until
such utilities are available to service the property.
F.
Plans. With such application, there shall be submitted two complete
sets of plans and specifications, including a plot plan showing the
location and dimensions of all buildings and improvements on the lot,
both existing and proposed, dimensions of the lot, dimensions showing
all setbacks of all buildings on the lot, proposed grade of proposed
structure (to Village datum), grade of lot and of the street abutting
the lot, grade and setback of adjacent buildings (if adjacent lot
is vacant, submit elevation of nearest buildings on same side of street),
type of monuments at each corner of lot, watercourses or existing
drainage ditches, easements or other restrictions affecting such property,
seal and signature of surveyor or a certificate signed by the applicant
and a construction erosion control plan setting forth proposed information
and procedures needed for control of soil erosion, surface water runoff
and sediment disposition at the building site. Plans, specifications
and plot plans shall be drawn to a minimum scale of 1/4 inch to one
foot (fireplace details to 3/4 inch to one foot.) One set of plans
shall be returned after approval as provided in this chapter. The second set shall be filed in the office
of the Building Inspector. Plans for buildings involving the State
Building Code shall bear the stamp of approval of the State Department
of Safety and Professional Services. One plan shall be submitted which
shall remain on file in the office of the Building Inspector. All
plans and specifications shall be signed by the designer. Plans for
all new one- and two-family dwellings shall comply with the provisions
of Ch. SPS 320.09(4), Wis. Adm. Code.
G.
Waiver of plans; minor repairs.
(1)
Waiver. If the Building Inspector finds that the character of the
work is sufficiently described in the application, he may waive the
filing of plans for alterations, repairs or moving, provided the cost
of such work does not exceed $10,000.
(2)
Minor repairs. The Building Inspector may authorize minor repairs
or maintenance work on any structure or to heating, ventilating or
air-conditioning systems installed therein valued at less than $1,000,
as determined by the Building Inspector, which do not change the occupancy
area, exterior aesthetic appearance, structural strength, fire protection,
exits, light or ventilation of the building or structure without issuance
of a building permit. Permits are not required for roofing.
H.
Approval of plans.
(1)
If the Building Inspector determines that the building will comply
in every respect with all ordinances and orders of the Village and
all applicable laws and orders of the State of Wisconsin, he shall
issue a building permit, which shall state the use to which said building
is to be put, which shall be kept and displayed at the site of the
proposed building. After being approved, the plans and specifications
shall not be altered in any respect which involves any of the above-mentioned
ordinances, laws or orders, or which involves the safety of the building
or the occupants, except with the written consent of the Building
Inspector.
(2)
In case adequate plans are presented for part of the building only,
the Building Inspector, at his discretion, may issue a permit for
that part of the building before receiving the plans and specifications
for the entire building.
I.
Inspection of work.
(1)
The builder shall notify the Building Inspector when ready for inspections,
and the Building Inspector shall inspect within two business days
after notification all buildings at the following states of construction:
(2)
If he finds that the work conforms to the provisions of this chapter,
he shall issue a certification of occupancy, which shall contain the
date and the result of such inspection, a duplicate of which shall
be filed in the office of the Building Inspector.
J.
Permit lapses. A building permit shall lapse and be void unless building
operations are commenced within six months or if construction has
not been completed within one year from the date of issuance thereof.
K.
Revocation of permits.
(1)
The Building Inspector may revoke any building, plumbing or electrical
permit, certificate of occupancy, or approval issued under the regulations
of this chapter and may stop construction or use of approved new materials,
equipment, methods of construction, devices or appliances for any
of the following reasons:
(a)
Whenever the Building Inspector shall find at any time that
applicable ordinances, laws, orders, plans and specifications are
not being complied with and that the holder of the permit refused
to conform after written warning or instruction has been issued to
him.[2]
(b)
Whenever the continuance of any construction becomes dangerous
to life or property.
(c)
Whenever there is any violation of any condition or provisions
of the application for permit or of the permit.
(d)
Whenever, in the opinion of the Building Inspector, there is
inadequate supervision provided on the job site.
(e)
Whenever any false statement or misrepresentation has been made
in the application for permit, plans, drawings, data specifications
or certified lot or plot plan on which the issuance of the permit
or approval was based.
(2)
The notice revoking a building, plumbing or electrical permit, certificate
of occupancy or approval shall be in writing and may be served upon
the applicant of the permit, owner of the premises and his agent,
if any, and on the person having charge of construction.[4]
(3)
A revocation placard shall also be posted upon the building, structure,
equipment or premises in question by the Building Inspector.
(4)
After the notice is served upon the persons as aforesaid and posted,
it shall be unlawful for any person to proceed thereafter with any
construction operation whatsoever on the premises, and the permit
which has been so revoked shall be null and void, and before any construction
or operation is again resumed a new permit, as required by this chapter,
shall be procured and fees paid therefor, and thereafter the resumption
of any construction or operation shall be in compliance with the regulation
of this chapter. However, such work as the Building Inspector may
order as a condition precedent to the reissuance of the building permit
may be performed, or such work as he may require for the preservation
of life and safety.
L.
Report of violations. Village officers shall report at once to the
Building Inspector any building which is being carried on without
a permit as required by this chapter.
M.
Display of permit. Building permits shall be displayed in a conspicuous
place on the premises where the authorized building or work is in
progress at all times during construction or work thereon.
A.
State code adopted. The Administrative Code provisions describing
and defining regulations with respect to one- and two-family dwellings
in Chs. SPS 320 through 325 of the Wisconsin Administrative Code are
hereby adopted and by reference made a part of this chapter as if
fully set forth herein. Any act required to be performed or prohibited
by an Administrative Code provision incorporated herein by reference
is required or prohibited by this chapter. Any future amendments,
revisions or modifications of the Administrative Code provisions incorporated
herein are intended to be made part of this chapter to secure uniform
statewide regulation of one- and two-family dwellings in this Village.
A copy of these Administrative Code provisions and any future amendments
shall be kept on file in the Village Administrator-Clerk/Treasurer's
Office.
B.
Existing buildings. The Wisconsin Uniform Dwelling Code shall also
apply to buildings and conditions where:
(1)
An existing building is to be occupied as a one- or two-family dwelling,
which building was not previously so occupied.
(2)
An existing structure that is altered or repaired, when the cost
of such alteration or repair during the life of the structure exceeds
50% of the equalized value of the structure, said value to be determined
by the Village Assessor.
(3)
Additions and alterations, regardless of cost, made to an existing building when deemed necessary in the opinion of the Building Inspector shall comply with the requirements of this chapter for new buildings. The provisions of § 193-2 shall also apply.
(4)
Roof coverings. Whenever more than 25% of the roof covering of a
building is replaced in any twelve-month period, all roof covering
shall be in conformity with applicable sections of this chapter.
(5)
Additions and alterations. Any addition or alteration, regardless
of cost, made to a building shall be made in conformity with applicable
sections of this chapter.
C.
ADDITION
ALTERATION
DEPARTMENT
DWELLING
MINOR REPAIR
ONE- OR TWO-FAMILY DWELLING
PERSON
UNIFORM DWELLING CODE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
New construction performed on a dwelling which increases
the outside dimensions of the dwelling.
A substantial change or modification other than an addition
or minor repair to a dwelling or to systems involved within a dwelling.
The Department of Safety and Professional Services.
Repair performed for maintenance or replacement purposes
on any existing one- or two-family dwelling which does not affect
room arrangement, light and ventilation, access to or efficiency of
any exit stairways or exits, fire protection or exterior aesthetic
appearance and which does not increase a given occupancy and use.
No building permit is required for work to be performed which is deemed
minor repair.
A building structure which contains one or separate households intended to be used as a home, residence, or sleeping place by an individual or by two or more individuals maintaining a common household to the exclusion of all others. One- and two-family dwellings must include an attached or detached garage placed on the property with a size no smaller than 20 feet by 22 feet. The garage must be built and completed within one year of the date of the building permit for the dwelling. If any construction work is not completed on the dwelling and the garage governed by the provisions of this chapter or the Uniform Dwelling Code, additional fees shall be charged pursuant to § 424-52B(1).
An individual, partnership, firm or corporation.
Those Administrative Code provisions and any future amendments,
revisions or modifications thereto contained in the following chapters
of the Wisconsin Administrative Code:
Chapter SPS 320, Administrative and Enforcement
| |
Chapter SPS 321, Construction Standards
| |
Chapter SPS 322, Energy Conservation Standards
| |
Chapter SPS 323, Heating, Ventilating and Air Conditioning
| |
Chapter SPS 324, Electrical Standards
| |
Chapter SPS 325, Plumbing
|
D.
Method of enforcement.
(1)
Certified inspector to enforce. The Building Inspector and his delegated
representatives are hereby authorized and directed to administer and
enforce all of the provisions of the Uniform Dwelling Code. The Building
Inspector shall be certified for inspection purposes by the Department
in each of the categories specified under Ch. Comm 5, Wis. Adm. Code.[1]
(2)
Subordinates. The Building Inspector may appoint, as necessary, subordinates
as authorized by the Village Board.
(3)
Duties. The Building Inspector shall administer and enforce all provisions
of this chapter and the Uniform Dwelling Code.
(4)
Inspection powers. The Building Inspector or an authorized certified
agent may at all reasonable hours enter upon any public or private
premises for inspection purposes and may require the production of
the permit for any building, plumbing, electrical or heating work.
No person shall interfere with or refuse to permit access to any such
premises to the Building Inspector or his agent while in performance
of his duties.
(5)
Records. The Building Inspector shall perform all administrative
tasks required by the Department under the Uniform Dwelling Code.
In addition, the Inspector shall keep a record of all applications
for building permits in a book for such purpose and shall regularly
number each permit in the order of its issue. Also, a record showing
the number, description and size of all buildings erected, indicating
the kind of materials used and the cost of each building and aggregate
cost of all one- and two-family dwellings shall be kept.
A.
Commercial Building Code adopted. Chapters SPS 361 to 366, Wis. Adm.
Code (Wisconsin Commercial Building Code), are hereby adopted and
made a part of this chapter with respect to those classes of buildings
to which this Building Code specifically applies. Any future amendments,
revisions and modifications of said Chs. SPS 361 to 366 incorporated
herein are intended to be made a part of this Code. A copy of said
Chs. SPS 361 to 366 and amendments thereto shall be kept on file in
the office of the Building Inspector.[1]
B.
State Plumbing Code adopted. The provisions and regulations of Ch.
145, Wis. Stats., and Chs. SPS 381 to 387, Wis. Adm. Code, are hereby
made a part of this chapter by reference and shall extend over and
govern the installation of all plumbing installed, altered or repaired
in the Village. Any further amendments, revisions and modifications
of said Wisconsin Statutes and Administrative Code herein are intended
to be made part of this chapter.
C.
State Electrical Code adopted. Subject to the exceptions set forth in this chapter, the Electrical Code, Volume 1, and Rules of Electrical Code, Volume 2, of the Wisconsin Administrative Code are hereby adopted by reference and made a part of this chapter and shall apply to all buildings, except those covered in § 193-3 above.[2]
D.
Conflicts. If, in the opinion of the Building Inspector and the Village Board, the provisions of the Commercial Building Code adopted by Subsection A of this section shall conflict with the provisions of the Federal Housing Administration standards in their application to any proposed building or structure, the Inspector and/or the Village shall apply the most stringent provisions in determining whether or not the proposed building meets the requirements of this section.[3]
A.
Permit. No electrical wiring or other equipment shall be installed
without first securing a permit therefor from the Building Inspector,
except that repairs or replacements of broken or defective sockets,
switches or base receptacles may be made without a permit.
B.
Application. The application for such permit shall be on a form furnished
by the Building Inspector and shall state clearly the work planned,
alterations to be made, and equipment and materials to be used. All
later deviations from such plan must be submitted to and approved
by the Building Inspector.
C.
Inspection of work. After roughing the wiring of any building and
before any such work is covered up, or upon completion of any outside
wiring construction work, it shall be the duty of the person doing
the work to notify the Building Inspector, who shall inspect the same
within 48 hours during the normal workweek. An inspection shall also
be made when the service entrance is installed. Upon completion of
such wiring, the inspector shall be notified and shall inspect the
finished work. If he finds that the work conforms to the State Electrical
Code, he shall issue a certificate of compliance, which shall contain
the date and an outline of the result of such inspection, a duplicate
of which shall be filed by location in the office of the Building
Inspector. It shall be unlawful to use any such electrical equipment
until such certificate has been issued.
A.
Permit. No plumbing or drainage of any kind shall be installed or
altered, except that leakage or storage repairs may be made, without
first securing a permit therefor from the Building Inspector.
B.
Application. The application for such permit shall be on a form furnished
by the Building Inspector and shall state clearly the work planned,
alterations to be made, and equipment and the materials to be used.
All later deviations from such plan must be submitted to and approved
by the Building Inspector.
C.
Licensed plumber required. All plumbing work shall be done only by
a plumber licensed by the State of Wisconsin, except that a property
owner may make repairs or installations in a single-family building
owned and occupied by him as his home, provided that a permit is issued
and the work is done in compliance with the provisions of this chapter.
D.
Inspection of work. Upon completion of the plumbing work on any premises
the person doing such work shall notify the Building Inspector before
such work is covered up, and the Building Inspector shall, within
48 hours during the normal workweek, inspect the work. Laterals shall
be inspected as far as practicable within two hours after notice is
given. If he finds that the work conforms to the State Plumbing Code,
he shall issue a certificate of compliance, which shall contain the
date and an outline of the result of such inspection, a duplicate
of which shall be filed by location in the office of the Building
Inspector. No person shall use, or permit to be used, any plumbing
or drainage until it has been inspected and approved.[1]
A.
All materials, methods of construction and devices designed for use
in buildings or structures covered by this chapter and not specifically
mentioned in or permitted by this chapter shall not be so used until
approved in writing by the State Department of Safety and Professional
Services for use in buildings or structures covered by the Wisconsin
State Building Code, except sanitary appliances, which shall be approved
in accordance with the State Plumbing Code.
B.
Such materials, methods of construction and devices, when approved,
must be installed or used in strict compliance with the manufacturer's
specifications and any rules or conditions of use established by the
State Department of Safety and Professional Services. The data, tests
and other evidence necessary to prove the merits of such material,
method of construction or device shall be determined by the State
Department of Safety and Professional Services.
Whenever the Building Inspector and Village Board find any building
or part thereof within the Village to be, in their judgment, so old,
dilapidated or out of repair as to be dangerous, unsafe, unsanitary
or otherwise unfit for human occupancy or use and so that it would
be unreasonable to repair the same, they shall order the owner to
raze and remove such building or part thereof or, if it can be made
safe by repairs, to repair and make safe and sanitary or to raze and
remove, at the owner's option. Such order and proceedings shall
be as provided in § 66.0413, Wis. Stats.
The purpose of the inspections under this chapter is to improve
the quality of housing in the Village. The inspections and the reports
and findings issued after the inspections are not intended as, nor
are they to be construed as, a guarantee. In order to so advise owners
and other interested persons, the following disclaimer shall be applicable
to all inspections under this chapter: "These findings of inspection
contained herein are intended to report conditions of noncompliance
with code standards that are readily apparent at the time of inspection.
The inspection does not involve a detailed examination of the mechanical
systems or the closed structural and nonstructural elements of the
building and premises. No warranty of the operation, use or durability
of equipment and materials not specifically cited herein is expressed
or implied."
A.
No building within the Village of Spencer shall be razed without
a permit from the Building Inspector. A snow fence or other approved
barricade shall be provided as soon as any portion of the building
is removed and shall remain during razing operations. After all razing
operations have been completed, the foundation shall be filled at
least one foot above the adjacent grade, the property raked clean,
and all debris hauled away. Razing permits shall lapse and be void
unless the work authorized thereby is commenced within six months
from the date thereof or completed within 30 days from the date of
commencement of said work. Any unfinished portion of work remaining
beyond the required 30 days must have special approval from the Building
Inspector.
B.
All debris must be hauled away at the end of each week for the work
that was done on that week. No combustible material shall be used
for backfill, but shall be hauled away. There shall not be any burning
of materials on the site of the razed building. If any razing or removal
operation under this section results in, or would likely result in,
an excessive amount of dust particles in the air creating a nuisance
in the vicinity thereof, the permittee shall take all necessary steps,
by use of water spraying or other appropriate means, to eliminate
such nuisance. The permittee shall take all necessary steps, prior
to the razing of a building, through the employment of a qualified
person in the field of pest control or by other appropriate means,
to treat the building as to prevent the spread and migration of rodents
and insects therefrom during and after the razing operations.
A.
Basement subflooring. First floor subflooring shall be completed
within 60 days after the basement is excavated.
B.
Fencing of excavations. The owner of any premises on which there
exists an opening or excavation which is located in close proximity
to a public sidewalk or street right-of-way as to constitute a hazard
to pedestrian or vehicular traffic shall erect a fence, wall or railing
at least four feet high between such opening or excavation and the
public right-of-way.
C.
Closing of abandoned excavations. Any excavation for building purposes
or any uncovered foundation which shall remain open for more than
three months shall be deemed abandoned and a nuisance, and the Building
Inspector shall order that unless the erection of the building or
structure on the excavation or foundation shall commence or continue
forthwith suitable safeguards shall be provided to prevent accidental
injury to children or other frequenters or that the excavation or
foundation be filled to grade. Such order shall be served upon the
owner of record or the owner's agent, where an agent is in charge
of the premises, and upon the holder of an encumbrance of record in
the manner provided for service of a summons in the Circuit Court.
If the owner or the holder of an encumbrance of record cannot be found,
the order may be served by posting it on the premises and make publication
in the official newspaper for two consecutive publications at least
10 days before the time for compliance stated in the order commences
to run. Such time shall be not less than 14 nor more than 20 days
after service. If the owner of the land fails to comply with the order
within the time required, the Building Inspector shall cause the excavation
or foundation to be filled to grade. The cost of such abatement shall
be charged against the real estate and entered on the next succeeding
tax roll as a special charge and shall bear interest at a rate established
by the Village Board from the date of the report by the Building Inspector
on the cost thereof, pursuant to the provisions of § 66.0627,
Wis. Stats.
D.
Basements; excavations. The top of the basement wall for a conventional
ranch home shall be no lower than 18 inches or no more than 24 inches
in height measured off the nearest manhole to the home. If that distance
will not be satisfactory for the homeowner/builder, he must then make
an application to the Plan Commission for a variance in height. The
Village of Spencer will not allow a new home to be built any lower
than 18 inches above the closest manhole. If your home is not a conventional
home and would need other measurements for building, please contact
the head of the Public Works Department. There might be other circumstances
that would prevent the homeowner/builder to use the above measurements,
and if that situation arises, please contact the head of the Public
Works Department.
A.
Discharge. No person shall cause, allow or permit any roof drain,
surface drain, subsoil drain, drain from any mechanical device, gutter,
ditch, pipe, conduit, sump pump or any other object or thing used
for the purposes of collecting, conducting, transporting, diverting,
draining or discharging clear water from any part of any private premises
owned or occupied by said person to discharge into a sanitary sewer.
B.
Nuisance. The discharge into a sanitary sewer from any roof drain,
surface drain, subsoil drain, drain from any mechanical device, gutter,
ditch, pipe, conduit, sump pump or any other object or thing used
for the purposes of collecting, conducting, transporting, diverting,
draining or discharging clear water from any part of any private premises
is hereby declared to be a public nuisance and a hazard to the health,
safety and well-being of the residents of the Village and to the protection
of the property.
C.
Groundwater. Where deemed necessary by the Building Inspector, every
house shall have a sump pump installed for the purpose of discharging
clear waters from foundation drains and ground infiltration and, where
the building is not serviced by a storm sewer, shall either discharge
into an underground conduit leading to a drainage ditch, gutter, dry
well or shall discharge onto the ground surface in such other manner
as will not constitute a nuisance as defined herein.
D.
Stormwater. All roof drains, surface drains, drains from any mechanical
device, gutters, pipe, conduits or any other objects or things used
for the purpose of collecting, conducting, transporting, diverting,
draining or discharging stormwaters shall be discharged either to
a storm sewer, a dry well, an underground conduit leading to a drainage
ditch or onto the ground surface in such other manner as will not
constitute a nuisance as defined herein.
E.
Storm sewer lateral. Where municipal storm sewers are provided and
it is deemed necessary by the property owner and/or the Village to
discharge clear waters from a parcel of land, a storm sewer lateral
shall be installed and connected to the storm sewer main at the expense
of the owner.
F.
Conducting tests. If the Building Inspector or his designated agent
suspects an illegal clear water discharge as defined by this chapter
or by any other applicable provision of the Wisconsin Administrative
Code as it may, from time to time, be amended, he may, upon reasonable
notice and at reasonable times, enter the private premises where such
illegal clear water discharge is suspected and conduct appropriate
tests to determine whether such suspected illegal clear water discharge
actually exists.
Each unit of a duplex shall have separate water and sewer services.
A.
General requirements.
(1)
No person shall move any building or structure upon any of the public
ways of the Village of Spencer without first obtaining a permit therefor
from the Building Inspector and upon the payment of the required fee.
Every such permit issued by the Building Inspector for the moving
of a building shall designate the route to be taken, the conditions
to be complied with and shall limit the time during which said moving
operations shall be continued.
(2)
A report shall be made by Village employees with regard to possible
damage to trees. The estimated cost of trimming, removal and replacement
of public trees, as determined by the Village, shall be paid to the
Village Administrator-Clerk/Treasurer prior to issuance of the moving
permit.
(3)
Issuance of moving permit shall further be conditioned on approval
of the moving route by the Village Board.
B.
Continuous movement. The movement of buildings shall be a continuous
operation during all the hours of the day and at night, until such
movement is fully completed. All such operations shall be performed
with the least possible obstruction to thoroughfares. No building
shall be allowed to remain overnight upon any street crossing or intersection
or so near thereto as to prevent easy access to any fire hydrant or
any other public facility. Lights shall be kept in conspicuous places
at each end of the building during the night.
C.
Street repair. Every person receiving a permit to move a building
shall, within one day after said building reaches its destination,
report that fact to the Building Inspector, who shall inspect the
streets, highways and curbs and gutters over which said building has
been moved and ascertain their condition. If the removal of said building
has caused any damage to any street or highway, the person to whom
the permit was issued shall forthwith place them in as good repair
as they were before the permit was granted. On the failure of the
said permittee to do so within 10 days thereafter to the satisfaction
of the Village Board, the Village shall repair the damage done to
such streets and hold the person obtaining such permit and the sureties
on his bond responsible for the payment of same.
D.
Conformance with code. No permit shall be issued to move a building
within or into the Village and to establish it upon a location within
said Village until the Building Inspector has made an investigation
of such building at the location from which it is to be moved and
is satisfied from such investigation that said building is in a sound
and stable condition and of such construction that it will meet the
requirements of this Building Code in all respects. A complete plan
of all further repairs, improvements and remodeling with reference
to such building shall be submitted to the Building Inspector, and
he shall make a finding of fact to the effect that all such repairs,
improvements and remodeling are in conformity with the requirements
of this Building Code and that, when the same are completed, the building
as such will so comply with said Building Code. In the event a building
is to be moved from the Village to some point outside the boundaries
thereof, the provisions with respect to the furnishing of plans and
specifications for proposed alterations to such building may be disregarded.
E.
Bond.
(1)
Before a permit is issued to move any building over any public way
in the Village, the party applying therefor shall give a bond to the
Village of Spencer in a sum to be fixed by the Building Inspector
and which shall not be less than $1,000, said bond to be executed
by a corporate surety or two personal sureties to be approved by the
Village Board or designated agent conditioned upon, among other things,
the indemnification to the Village for any costs or expenses incurred
by it in connection with any claims for damages to any persons or
property, and the payment of any judgment together with the costs
and expenses incurred by the Village in connection therewith arising
out of the removal of the building for which the permit is issued.
(2)
Unless the Building Inspector, upon investigation, shall find it to be a fact that the excavation exposed by the removal of such building from its foundation shall not be so close to a public thoroughfare as to permit the accidental falling therein of travelers or the location, nature and physical characteristics of the premises and the exposed excavation, such as to make intrusion upon the premises and the falling into such excavation of children under 12 years of age unlikely, the bond required by Subsection E(1) shall be further conditioned upon the permittee erecting adequate barriers and, within 48 hours, filling in such excavation or adopting and employing such other means, devices or methods approved by the Building Inspector and reasonably adopted or calculated to prevent the occurrences set forth herein.
F.
Insurance. The Building Inspector shall require, in addition to said
bond above indicated, public liability insurance covering injury to
one person in the sum of not less than $100,000 and for one accident
in a sum not less than $200,000, together with property damage insurance
in a sum not less than $50,000, or such other coverage as deemed necessary.
B.
Failure to obtain permit. No one may begin work prior to obtaining
a permit. Double permit fees shall be charged if work is begun prior
to the issuance of a permit and triple fees shall be charged if the
permit is not obtained within two business days, excluding the day
of service, after the service of a citation for failure to obtain
a permit by any person so authorized to issue citations under this
Code of Ordinances.
If any section, clause, provision or portion of this chapter
or of the Wisconsin Administrative Code adopted by reference is adjudged
unconstitutional or invalid by a court of competent jurisdiction,
the remaining provisions shall not be affected.
A.
Any building or structure hereafter erected, enlarged, altered or
repaired or any use hereafter established in violation of the provisions
of this chapter shall be deemed an unlawful building, structure or
use. The Building Inspector shall promptly report all such violations
to the Village Board and Village Attorney, who shall bring an action
to enjoin the erection, enlargement, alteration, repair or moving
of such building or structure or the establishment of such use of
buildings in violation of this chapter or to cause such building,
structure or use to be removed, and such violation may also be subject
to a penalty as provided in general penalty provisions of the Code
of Ordinances.[1] In any such action, the fact that a permit was issued
shall not constitute a defense, nor shall any error, oversight or
dereliction of duty on the part of the Building Inspector or other
Village officials constitute a defense. Compliance with the provisions
of this chapter may also be enforced by injunctional order at the
suit of the owner or owners of any real estate within the jurisdiction
of this chapter.
B.
Noncompliance, notification and correction.
(1)
If an inspection reveals a noncompliance with this chapter or the
Uniform Dwelling Code, the Building Inspector shall notify the applicant
and the owner, in writing, of the violation to be corrected. All cited
violations shall be corrected within 30 days after written notification
unless an extension of time is granted pursuant to § SPS
320.10(4)(a)3, Wis. Adm. Code.
(2)
If, after written notification, the violation is not corrected within
30 days, a stop-work order may be served on the owner or his or her
representative and a copy thereof shall be posted at the construction
site. Such stop-work order shall not be removed except by written
notice of the Building Inspector after satisfactory evidence has been
supplied that the cited violation has been corrected.
(3)
Each day each violation continues after the thirty-day written notice
period has run shall constitute a separate offense. Nothing in this
chapter shall preclude the Village from maintaining any appropriate
action to prevent or remove a violation of any provision of this chapter
or the Uniform Dwelling Code.
(4)
If any construction or work governed by the provisions of this chapter or the Uniform Dwelling Code is commenced prior to the issuance of a permit, additional fees shall be charged pursuant to § 424-52B(1) of the Village's Code.
C.
Any person feeling aggrieved by an order or a determination of the
Building Inspector may appeal from such order or determination to
the Zoning Board of Appeals. Those procedures customarily used to
effectuate an appeal to the Zoning Board of Appeals shall apply.
D.
Except as may otherwise be provided by the statute or ordinance,
no officer, agent or employee of the Village of Spencer charged with
the enforcement of this chapter shall render himself personally liable
for any damage that may accrue to persons or property as a result
of any act required or permitted in the discharge of his duties under
this chapter. Any suit brought against any officer, agent or employee
of the Village as a result of any act required or permitted in the
discharge of his duties under this chapter shall be defended by the
legal representative of the Village until the final determination
of the proceedings therein.