[HISTORY: Adopted by the Village Board of the Village of
Fredonia as indicated in article histories. Amendments noted where
applicable.]
[Adopted as Title 15, Ch. 1, of the 1995 Code]
This article 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 building and/or structures. Its purpose is to
protect and foster the health, safety and well-being of persons occupying
or using such buildings and general public.
[Amended 4-20-2023 by Ord. No. 2023-1]
Chapters SPS 320 to 325 and SPS 327, Wis. Admin. Code, have
been adopted by the Village, and copies of these codes are on file
in the Village Clerk-Treasurer's office.
[Amended 9-15-2016 by Ord. No. 2016-07]
A.
Amendments adopted. Future amendments to the Wisconsin Uniform Building
Code and Building Fee Schedule are adopted and shall become part of
this article.
B.
Amendments. The following sections of the Wisconsin Uniform Building
Code shall be amended:
(1)
Sections relating to roofing and siding permits shall be deleted.
C.
Sections created. The following sections of the Wisconsin Uniform
Building Code shall be created:
(1)
"30.05(2)(c) Expiration of Applications. Applications for permits,
which exceed 30 days from the date of issue, shall be void and reapplication
shall be required."
(2)
"30.05(1)(i) Permits are required for any structural and nonstructural
work that exceeds $500 market value."
(3)
"30.40(3) Spas. Access to all outdoor spas shall be regulated as
indicated in 30.40(2)(b)(1) and (2) or by a keyed, lockable cover
designed and used to prevent access when the spa is not in use or
is left unattended."
[Amended 2-21-2019 by Ord. No. 2019-01]
(4)
Roof coverings. Whenever more than 25% of the roof covering of a
building is replaced in any twelve-month period, all roof coverings
shall be in conformity with the applicable section of this article.
(5)
Garages and sheds; number.
(a)
All private sheds and detached garages shall be governed by
the following:
[1]
Sheds, 192 square feet, maximum, example: 12 feet by 16 feet.
[3]
One detached garage and one shed are permitted on any residential
lot. More than two detached accessory structures require approval
by the Plan Commission.
[Amended 4-4-2019 by Ord.
No. 2019-03]
[4]
Accessory buildings on corner lots require approval by the Planning
Commission.
[Added 6-20-2019 by Ord.
No. 2019-06; 9-7-2023 by Ord. No. 2023-7]
[5]
Large accessory structures such as pole buildings or similar, shall not be subject to the above restrictions of sheds and garages. Such buildings shall be subject to the size and use limitations as provided for other accessory structures in Chapter 575 of the Village of Fredonia Code.
[Added 11-7-2019 by Ord. No. 2019-09; amended 2-20-2020 by Ord. No. 2020-02]
A.
Criteria.
(1)
Permits are required if any of the following criteria are met:
(a)
The fair market value of the work, construction, or project
exceeds $500 fair market value. (For the purpose of this Code, "fair
market value" shall be defined as all material and labor costs involved
in the work, construction, or project. In the case where no labor
costs are indicated, the assumed cost of labor shall be equal to the
cost of materials.)
(b)
The work, construction, or project involves a structural alteration
or change to the electrical, plumbing, heating, or cooling systems.
(c)
Any exterior architectural or structural change, except permits
for siding and re-roofing are not required.
B.
Permits shall be obtained for emergency work within 24 hours of the
commencement of such work, excluding Saturdays, Sundays, and holidays.
All work shall be conducted in compliance with this article and shall
be inspected prior to covering or concealment.
C.
It shall be the duty of all police officers to report any buildings
within the Village at which building operations are being conducted
without a permit being issued as required by this article. The Village
Inspector may enlist the help of any other Village official or officer,
as may be necessary, in the discharge of his duties.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The Schedule of Permit Fees of the Wisconsin Uniform Building
Code is adopted as the schedule of permit fees for the Village of
Fredonia. The current fee schedule is on file in the Village office.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Plans, drawings, specifications and calculations for all new
buildings or structures and additions to buildings or structures containing
less than 50,000 cubic feet total volume and alterations to buildings
or spaces containing less than 100,000 cubic feet total volume, except
state-owned buildings and structures, shall be submitted to the Village
for plan examination and approval according to the requirements of
Chs. SPS 361 to 366, Wis. Adm. Code. Drawings, specifications and
calculations submitted to the Village for plan examination and approval
need not be submitted to the Department of Safety and Professional
Services. Inspection responsibilities shall be assumed by the Village
for all projects conducted under Chs. SPS 361 to 366, Wis. Adm. Code.
The Village reserves the right to waive plan review and inspection
on any project covered under Chs. SPS 361 to 366, Wis. Adm. Code.
The Commercial Building Code, Chs. SPS 361 to 366, Wis. Adm. Code,
in its entirety shall be adopted and become a part of this article
by reference. All such buildings shall be located within the corporate
limits of the Village.
Upon the completion of the construction in or on any building, and before any construction is to be hidden from doing the same, the Building Inspector must be notified. The inspection shall be made within 48 hours of the time such notice is received, excluding Saturdays, Sundays and holidays. If, upon inspection, it is found that the construction is in compliance with this article, the Building Inspector shall authorize the concealment of the work. If the construction is incomplete or not strictly in accordance with this article, orders shall be issued to the individual, firm or corporation conducting the same to make the necessary changes or additions within 30 days. However, if it is determined that an imminent lack of safety or current danger exists, the Building Inspector may issue a forty-eight-hour correction order. No individual, firm or corporation shall conceal any work before inspection, or fail to comply with any order of the Building Inspector. Upon completion of the work in a building, a final inspection shall be required. If the work is not complete, the Building Inspector shall notify the individual doing the work of any additional work to be done. If such work is not done within 30 days after such notice, any individual, firm or corporation failing to comply with the order of the Building Inspector shall be fined according to § 1-4 of the Code. No permit shall be issued until all fees due and payable for inspections have been paid and all lawful orders of the Building Inspector complied with.
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 article: "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."
Whenever the Building Inspector and/or Village Board find any
building or part thereof within the Village to be, in its 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, it 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.
A.
No building within the Village of Fredonia 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 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.
It shall be unlawful to:
A.
Permit construction waste or debris generated during the construction
process to litter or remain on the construction site uncontained.
Suitable containers are portable dumpsters or containment within the
structure under construction.
B.
Permit access to any construction site without a graveled or paved
access drive in place; sufficient in length and width to prevent sediment
from being tracked onto Village streets. Material deposited onto Village
streets shall be removed by the end of the workday.
C.
Permit the burial or burning of construction waste or debris.
D.
Interfere with the Building Inspector in the discharge of his duties.
E.
Construct, install, operate, locate or use an outdoor furnace which
is marketed for primary or supplemental heating of or is used to provide
heat to any building or structure or equipment within the Village.
F.
Conduct work on a one- or two-family structure without first having
obtained a license, certification, or registration as required by
Ch. SPS 305, Wis. Adm. Code. Exception: A homeowner, after obtaining
the required permits, may conduct work on a one- or two-family structure
that is owned and occupied by said homeowner without obtaining a license,
certification, or registration as required by Ch. SPS 305, Wis. Adm.
Code.
The Building Inspector shall have the authority to seal and
tag unsafe devices or systems or order the disconnection of unsafe
devices or systems, which are found to be in an unsafe condition.
No individual, firm or corporation shall reconnect any device or system
thus sealed and tagged or disconnected until verbal or written authorization
is given by the Building Inspector. It shall be unlawful to remove,
alter or tamper with any device or system which has been sealed and
tagged, or disconnected by orders of the Building Inspector. Use of
any such sealed or tagged device or system, or removal of any seal
or tag shall be unlawful under penalty of this article.
A.
Building Inspector. The Building Inspector and his delegated representatives
are hereby authorized and directed to administer and enforce all the
provisions of the Uniform Building Code. The Building Inspector shall
be certified for inspection purposes by the Department in each of
the categories specified under § SPS 305.63, Wis. Adm. Code.
B.
Subordinates. The Building Inspector may appoint subordinates, as
necessary.
C.
Conflicts. If, in the opinion of the Building Inspector and Village
Board, the provisions of the State Building Code as adopted by this
article 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.
A.
Basement and 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 orders 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 made by
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.
Guidelines for exposed basement block. Block and poured concrete
basement walls with more than 16 inches' exposure shall be covered
with another material which will enhance the exposed wall or walls
in relationship to the rest of the home's exterior, as determined
by the Village of Fredonia Planning Commission.
[Amended 9-7-2023 by Ord. No. 2023-7]
No certificate of occupancy shall be granted until all improvements
shown on a Planning Commission-approved site plan and landscape plan
have been completed in accordance therewith; provided, that upon a
finding by the Building Inspector that certain improvements cannot
be completed due to seasonal or other factors beyond the control of
the developer, and that temporary occupancy prior to the completion
will involve no health or safety hazard, the Building Inspector may
issue a temporary certificate of occupancy bearing an expiration date,
which shall allow reasonable time for completion, upon posting a letter
of credit in double the sum estimated by the Building Inspector to
be needed to complete all required improvements, conditioned on completion
of all required improvements prior to the date of expiration of the
temporary certificate of occupancy.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
In addition to any other penalty imposed or restitution required,
any person who shall violate any provisions of this article shall,
upon conviction thereof, be required to pay a fine as set forth in
the Village's Schedule of Forfeitures, together with the costs of
prosecution, and in default in payment of such forfeiture and costs
of prosecution shall be imprisoned in the county jail until the forfeiture
and costs are paid, but not exceeding 60 days.
A.
Any building or structure hereafter erected, enlarged, altered or
repaired or any use hereafter established in violation of the provisions
of this article 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 article or to cause such building,
structure or use to be removed and such violation may also be subject
to a penalty as provided in the general penalty provisions of the
Code of Ordinances. 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 official constitute a defense. Compliance with the provisions
of this article may also be enforced by injunctional order at the
suit of the owner or owners of any real estate within the jurisdiction
of this article.
B.
Terms.
(1)
If an inspection reveals a noncompliance with this article or the
Uniform Building 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
320.21(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. An immediate stop-work order may be issued if warranted by the
situation. 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
article shall preclude the Village from maintaining any appropriate
action to prevent or remove a violation of any provisions of this
article or the Uniform Building Code.
(4)
If any construction or work governed by the provisions of this article
or the Uniform Building Code is commenced prior to the issuance of
a permit, double fees shall be charged.
C.
Any person feeling aggrieved by an order or a determination of the
Building Inspector may appeal from such order or determination of
the Board of Appeals. Those procedures customarily used to effectuate
an appeal to the 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 Fredonia charged with
the enforcement of this article 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 article. Any suit brought against an officer, agent or employee
of the Village as a result of any act required or permitted in the
discharge of his duties under this article shall be defended by the
legal representative of the Village until the final determination
of the proceedings therein.
[Adopted as Title 15, Ch. 7, of the 1995 Code]
The purpose of this article is to provide for compliance with
§ 70.32(1), Wis. Stats., which requires that all properties
that are issued building permits within the Village of Fredonia are
filed, reviewed, described and valued by "actual view." Each building
permit requires assessment personnel to initially process existing
records or create new records, physically review on site, the purpose
of each building permit to document all property description additions
and/or alterations, and process the information gathered in the field
to determine an assessed value.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)[1]]
Every person receiving an approved building permit from the
Village in which said permit requires the Village Assessor to physically
view on site any descriptive property change in an effort to maintain
the property record shall pay a property record maintenance fee in
accord with the current fee schedule on file in the Village office.
[1]
Editor's Note: This ordinance also deleted original Sec. 15-7-3,
schedule of fees, which followed.
The Schedule of Fees imposed by this article may be adjusted
at any time when costs are increased by the State of Wisconsin Department
of Revenue or the Village assessment contractor.
