[HISTORY: Adopted by the Village Board of the Village of
Footville 6-5-2008 by Ord. No.
6-5-08. Amendments noted where applicable.]
A.
Title. These regulations shall be known as the "Village of Footville
Building Code," may be cited as such, and will be referred to hereinafter
as "the Building Code" or "this code."
B.
Content and purpose. This code provides certain minimum standards,
provisions and requirements for safe and stable design, methods of
construction and uses of materials in buildings and structures hereafter
erected, constructed, enlarged, altered, repaired, moved, converted
to other uses or demolished, and regulates the equipment used in connection
with, maintenance, use and occupancy of all such buildings and structures.
The purpose of this code is to protect and foster the health, safety
and well-being of persons occupying or using such buildings and the
general public.
C.
Scope. The provisions of this code shall apply to all buildings and
structures, including, but not limited to, one- and two-family dwellings,
multifamily dwellings, commercial and industrial buildings and other
structures within the Village of Footville, with the exception of
the following:
(1)
Recreational vehicles and mobile homes. On-site additions, if permitted
by the manufacturer, to recreational vehicles and mobile homes are
not exempt.
(2)
Historical buildings designated as such by the federal or state government.
(3)
Temporary buildings used exclusively for construction purposes, not
exceeding one story in height and not used as living quarters.
(4)
Buildings owned by the federal government. Buildings owned by other
than the federal government but leased to the federal government are
not exempt.
D.
Application. The provisions of this code shall apply to all new construction,
all additions and alterations to existing buildings, all remodeling,
repairs and maintenance of existing buildings, building use changes,
buildings being moved from one location to another and to demolition
of buildings.
E.
Responsibility. This code shall be binding alike upon every owner
of a building; every person in charge of or responsible for or who
causes the construction, repair or alteration of any building or structure;
and every professional engineer, architect or other person who shall
prepare plans for the construction of, alteration of or addition to
any building or structure in the Village.
F.
Relationship to other regulations. This code shall not affect violations
of any other ordinance, code or regulation in existence prior to the
effective date hereof, and any such violation shall be governed by
and shall continue to be punishable to the full extent of the law
under the provisions of those ordinances, codes or regulations in
effect at the time the violation was committed. The provisions of
this code shall not be construed to prevent the enforcement of other
ordinances or regulations of the Village or of the State of Wisconsin
which prescribe standards other than those provided herein. In case
of conflicts among such standards, the more restrictive standard shall
apply.
G.
Matters not provided for. Any requirement essential for the structural,
fire or sanitary safety of an existing or proposed building or structure,
or essential for the safety of the occupants thereof, and which is
not specified by this code, shall be determined by the Building Inspector.
H.
Workmanship. All work performed under the scope of this code shall
be conducted, executed and completed in a workmanlike and acceptable
manner so as to secure the results intended by this code.
I.
Maintenance. All buildings and structures and all parts thereof shall
be maintained in a safe condition and all devices and safeguards which
are required for the erection, alteration, addition, repair or use
of any building shall be maintained in good working order. This section
shall not be construed as permitting the removal or non-maintenance
of any existing devices or safeguards unless authorized in writing
by the Building Inspector. Such maintenance requirements shall apply
to all buildings now existing or hereafter erected.
J.
Liability for damages. This code shall not be construed as creating
any liability on the part of the Village for injury to any person
or damage to any property resulting from a defect in any building
or element.
K.
Code availability. A copy of this code shall be kept on file at the
office of the Building Inspector and/or Village Clerk and shall be
made available to the public for reference, inspection and purchase
upon request during normal business hours. Copies of the Wisconsin
Administrative Code referenced herein may be purchased from the Wisconsin
Department of Administration, Document Sales and Distribution.
L.
Effective date. Except as otherwise indicated in the individual sections
or subsections, provisions of this ordinance are effective as to all
structures and buildings constructed after 6-10-2008 and to all modifications
thereof, to which this code applies, commenced thereafter.
Unless the context clearly requires otherwise, when used in
this code, the following terms shall have the following meanings:
A substantial change or modification other than an addition
or minor repair to a building or to systems (electrical, plumbing,
and HVAC) within or on a building.
Any structure used, designed, or intended for the protection,
shelter, enclosure, or support of persons, animals, or property.
[Amended 6-2-2022 by Ord. No. 2022-06]
The official in charge of building inspection within the Village of Footville and administration of this Building Code as described in § 111-4A herein or any person officially authorized by the Building Inspector or the by the Village of Footville to carry out the administrative and enforcement functions prescribed in this Chapter 111, Building Construction.
This Chapter 111, Building Construction, of the Village of Footville.
The maintaining of existing buildings such as:
Repairing of existing elements in the building such as replacing
existing doors, windows with like sizes, and similar repairs of existing
elements;
Replacing existing plumbing fixtures without moving such fixtures;
Repairing existing electrical receptacles, light fixtures, and
other minor repairs;
Repairing existing heating and air-conditioning equipment.
Repairs, the estimated cost of which do not exceed the total
sum of $1,000 and do not involve any structural or mechanical changes.
Anything constructed or having a stationary location on the
ground, not including small roadways, fences and small landscaping
accoutrements, or small nonpermanent structures of less than 40 square
feet, such as doghouses, playhouses, and compost bins, but including,
without limitation, other storage sheds.
[Amended 6-2-2022 by Ord. No. 2022-06]
The Village of Footville.
A.
Adoption of state codes. The provisions of the following State of Wisconsin Administrative Codes and subsequent amendments and recodifications thereof are hereby adopted by reference and incorporated in this code as if fully set forth. Violations of the provisions hereby adopted shall be deemed a violation of this chapter and subject to enforcement and abatement procedures as set forth in § 111-17 of this chapter.
(1)
Uniform Dwelling Code, SPS 320-325, Wisconsin Administrative Code
[excepting therefrom SPS 320.05(1)(3)(5)].
(2)
Commercial Building and Heating Ventilating and Air-Conditioning
Code, SPS 361-366, Wisconsin Administrative Code.
(3)
Electrical Code, SPS 316, Volume 2, Wisconsin Administrative Code.
(4)
Plumbing Code, SPS 381-387, Wisconsin Administrative Code.
(6)
Existing Building Code, SPS 375-379, Wisconsin Administrative Code.
B.
Existing buildings. Areas and rooms of dwelling units which are remodeled shall comply with the adopted code requirement as referenced in § 111-3A.
C.
Repeal of conflicting ordinances. Any existing ordinances which are
inconsistent with this section are hereby repealed to the extent of
such inconsistencies.
A.
Office established; appointment. The office of Building Inspector
is hereby established. The Building Inspector shall be appointed by
the Village President upon approval of the Village Board.
B.
Organization. The Building Inspector, with approval of the Village
Board, shall appoint such officers, technical assistants, inspectors
and other employees as shall be necessary for the administration and
enforcement of this code.
C.
Qualifications. The Building Inspector and all other Inspectors shall
possess the necessary qualifications and inspector certifications
as required by the State of Wisconsin to supervise the general construction
of buildings and enforce the provisions of this code. All inspectors
employed by the Village shall possess necessary Department of Safety
and Professional Services Inspector certifications as mandated by
law and other qualifications as required by the Building Inspector
and approved by the Village Board.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
D.
Restrictions on employees. No inspector employed by the Village shall
be directly engaged in or indirectly connected with the furnishing
of labor, materials or appliances for the construction, alteration
or maintenance of any building within the Village, or the preparation
of plans or of specifications thereof, unless that person is the owner
of the building; nor shall such inspector engage in any work which
conflicts with his/her official duties or with the interests of the
Village.
A.
State statute reference. The Building Inspector shall be recognized
as being the same officer referred to in the Wisconsin Statutes as
"Building Inspector," and shall have the same powers and duties. The
Building Inspector shall enforce all the provisions of this code and
all other state laws and Village ordinances relating to the construction,
alteration, repair, removal, safety and use of buildings and permanent
building equipment, except as otherwise specifically provided by statute
or by this code. The Building Inspector shall have full power to pass
upon any question arising under the provisions of this code subject
to the conditions contained herein.
B.
Rule-making authority. The Building Inspector shall have the power
as necessary in the interest of public health, safety and general
welfare, to adopt and promulgate orders and directives, to interpret
and implement the provisions of this code to secure the intent thereof,
and to designate requirements applicable because of local climatic
or other conditions, but such rules shall not have the effect of waiving
structural or fire performance requirements specifically provided
in this code and shall be subject to approval by the Village Board.
C.
Duties, permits, inspections and correction orders.
(1)
The Building Inspector shall be responsible for the issuance of all
permits required by this code and for the inspection of all work for
which such permits have been issued.
(2)
The Building Inspector shall enforce compliance with the provisions
of this code and shall issue necessary notices and correction orders
to insure compliance with all code requirements for the health, safety
and general welfare of the public.
D.
Recordkeeping. The Building Inspector shall keep official records
of applications received, permits and certificates issued, fees collected,
reports of inspections, and notices and orders issued. Such records
shall be retained as part of his/her official records so long as the
building or structure to which they relate remains in existence unless
otherwise provided by law.
A.
Building permits required.
(1)
No person shall erect or construct any building or other structure
or add to, enlarge, move, improve, alter, extend, convert, or demolish
any building or other structure or cause the same to be done or commence
any work covered by this Code on any building or other structure without
first obtaining a building permit therefor from the Building Inspector.
This section shall include all agricultural-related buildings or structures,
and no building or structure shall be exempted from this requirement
solely because of the zoning of the property the building or structure
is located on.
[Amended 5-5-2022 by Ord. No. 2022-05]
B.
Building permits not required. Building permits shall not be required
for:
(1)
Minor repairs required for the maintenance and upkeep of any building
which do not involve a change in use and do not affect the structural
strength, fire hazard, exits, natural lighting or involve the replacement
of a major piece of equipment of the building.
(2)
Residential accessory buildings and storage sheds not used to house
motor vehicles which are 80 square feet or less in floor area, provided
such buildings conform to all setback, yard and open space requirements
in this code and other Village ordinances.
(3)
Attached or detached uncovered wood decks with floor surfaces less
than 12 inches above adjacent grade level for the entire perimeter
of the deck.
(4)
Satellite dishes and antennas intended for private residential use.
(5)
Buildings and structures not within the scope of this code.
(6)
Reroofing, re-siding and other similar nonstructural maintenance.
D.
Electrical permits. No person shall commence any electrical work
covered by this code without first obtaining an electrical permit
therefor from the Building Inspector. Maintenance of existing electrical
equipment shall not require a permit.
E.
Plumbing permits. No person shall commence any plumbing work covered
by this code without first obtaining a plumbing permit therefor from
the Building Inspector. Maintenance of existing plumbing systems and
associated fixtures shall not require a permit.
F.
Heating permits. No person shall commence any heating, ventilating
or air conditioning (HVAC) work covered by this code without first
obtaining an HVAC permit therefor from the Building Inspector. Maintenance
of existing HVAC equipment shall not require a permit.
G.
Waiver of permits. If, in his/her opinion, a proposed alteration
of a building or equipment is insignificant, or equipment or other
component thereof is being replaced in the course of normal maintenance,
the Building Inspector may waive the requirement of a permit.
A.
Permit applications. Application for a permit shall be made by the
owner of the building or structure or an authorized agent and shall
be made in writing upon a form furnished by the Building Inspector.
The permit application shall contain:
(1)
The name, mailing address and phone number of the owner of the building
and land.
(2)
The name, mailing address and phone number of the engineer, architect,
designer or contractor responsible for the work.
(3)
Copies of licenses of contractors, when required to be licensed by
the State of Wisconsin.
(4)
A general description of the proposed work, location of the proposed
work, and the proposed use and occupancy of all parts of the building
or structure.
(5)
Any other information as required by the Building Inspector to enforce
the provisions of this code.
B.
Plans required. Building plans, site plans and specifications shall
accompany every application for a permit and shall be filed in duplicate
with the Building Inspector.
(1)
One- and two-family dwellings. All plans submitted shall be legible,
drawn to a minimum scale of 1/4 inch to one foot and shall include
the information required by SPS 320.09(4).
(2)
Commercial and industrial buildings covered by SPS 361.02. All plans
shall contain sufficient information to determine compliance with
this code and all other applicable regulations. All plans shall be
prepared in accordance with the provisions in SPS 361.31 and of this
code. Plans shall bear the name of the architect, engineer or designer
who prepared them, if any, and shall clearly indicate the nature and
character of the work proposed. All plans for projects involving buildings
over 25,000 cubic feet and up to 50,000 cubic feet shall be prepared
and signed by a Wisconsin registered architect or engineer and be
subject to the requirements in SPS 361.31.
C.
Review by Village, Board, Plan Commission or other agencies. Building
plans requiring review by the Village Board, Plan Commission or State
agencies such as the Department of Safety and Professional Services
shall be reviewed and stamped "Approved" or "Conditionally Approved"
by said departments or agencies prior to submittal for permits required
by this code.
D.
Quality of materials. When a particular quality of materials is essential
for conformity to this code, specific information shall be given on
plans submitted to establish such quality and this code shall not
be cited, nor shall the term "legal" or its equivalent be used as
a substitute for specific information.
E.
Waiver of plans. The Building Inspector may waive the requirement
for the filing of plans when the work involved is of a minor nature,
when plans would not sufficiently show the nature and character of
the work, or when the work is adequately described on the permit application.
A detailed written description of all work proposed may also be substituted
for building plans, at the discretion of the Building Inspector.
F.
Amendments to plans. Subject to the limitations described in § 111-7G of this chapter, amendments to a plan, application or other document accompanying the same shall be filed at any time before completion of the work for which the permit is sought or issued. Such amendments are subject to the same review and approval process as the original plans and shall be deemed part of the original application.
G.
Time limitations. An application for a permit for any proposed work
shall be deemed to have been abandoned six months after the date of
filing unless such application has been diligently prosecuted or a
permit has been issued except that the Building Inspector may grant
one or more extensions of time for additional periods not exceeding
90 days each if there is reasonable cause.
A.
Plan review and permit issuance. The Building Inspector shall examine
all applications for permits, plans, specifications, and amendments
thereto within a reasonable time after filing. If the application,
plans and specifications are in substantial conformity with the requirements
of this code, with all applicable ordinances of the Village, and with
all laws and lawful orders of the State of Wisconsin, the Building
Inspector shall, upon receipt of the required fee(s), issue a permit
for the work and shall sign, date and stamp the plans "Approved" or
"Conditionally Approved."
B.
Approved plans. One set of approved plans and specifications shall
be retained by the Building Inspector and one set of approved plans
and specifications shall be returned to the applicant, which set shall
be kept at the job site at all times until the work authorized thereby
is completed and shall be made available for inspection by any Village
Inspector. Such approved plans and specifications shall not be changed,
altered or modified in any respect which involves any of the laws,
ordinances or administrative rules referred to above, or which involves
the safety of the building or its occupants, except with the written
consent of the Building Inspector.
C.
Building permit card. With every building permit issued, the Building
Inspector shall issue to the applicant an appropriate card properly
filled out as evidence of permit issuance and the applicant shall
post the card in a conspicuous place on the job site. The card shall
be unobstructed from public view and shall remain posted until all
the work described in the permit is completed.
D.
Permit expiration. A permit issued under the authority of this code
shall lapse and be void thereafter if either: substantial construction
(or repair) of the building for which the permit was issued is not
commenced within six months after the date the permit was issued;
or the building has not been completed and a certificate of occupancy
obtained within 24 months after the date the permit was issued. In
the event a building permit has lapsed as provided for herein, construction
of the building shall cease and a new building permit shall required
before construction may be recommenced. Fees for such a new building
permit shall be based upon the fee schedule existing at the time the
new building permit is issued and shall be computed upon the same
basis (square footage, cost of project, etc.) applicable to the original
building permit. Any exterior portion of a building project which
is visible to the public and which has not been completed within 24
months after issuance of the original building permit shall constitute
a public nuisance. Failure to commence or to complete repairs prior
to the lapse of a building permit issued for the same shall constitute
a violation of this code.
E.
Permit to start construction. The Building Inspector or designated
appointee is authorized to issue a "Permit to Start Construction"
for the construction of foundations or any other part of the building
or structure before the plans and specifications for the entire building
or structure have been submitted, provided that work on any such foundation
or other part of the building shall not be commenced unless all approvals
required from any State of Wisconsin department or agency have been
obtained and a Permit to Start Construction has been issued. The holder
of a Permit to Start Construction shall proceed at the holder's own
risk with the building construction and without assurance that a permit
for the entire structure will be granted.
F.
Permit suspension or revocation. The Building Inspector may suspend
or revoke a permit or approval issued under the provisions of this
code where the Building Inspector or authorized official is denied
access to the premises, where the applicant has willfully refused
to correct a violation of the provisions of this code, or in case
of any false statement or misrepresentation of fact in the application
or in the plans on which the permit or approval is based. No construction
activity shall take place on a job site after suspension or revocation
of the permit, except such work as the Building Inspector shall order
be done as a condition precedent to the reinstatement of the permit
or issuance of a new permit, or which the Building Inspector may authorize
as reasonably necessary to protect work already completed on the job
site, existing property, adjoining property and the general public.
G.
Permit authority. The issuance or granting of a permit or approval
of plans or specifications shall not be deemed or construed to be
a permit for, or an approval of, any violation of any of the provisions
of this code. No permit presuming to give the authority to violate
or fail to comply with the provisions of this code shall be valid,
except insofar as the work or use which it authorizes is lawful. If
errors shall, subsequent to the issuance of the permit, be discovered
in the application, plans, specifications or execution of the work,
the Building Inspector may require the correction of said errors in
the application, plans, specifications or construction.
A.
Fee schedule. A fee schedule for all permits issued by the Building
Inspector shall be as set forth in a fee schedule which shall be kept
on file in the Village Clerk's office and shall be referred to as
the "Building Inspection Permit Fee Schedule." The Building Inspection
Permit Fee Schedule shall be considered a supplement to this code
and shall be made available for reference and public inspection during
normal business hours. The fee schedule shall be approved and amended,
from time to time, by resolution of the Village Board.
B.
Payment of fees. Permit fees shall be paid by the applicant prior
to permit issuance. The Building Inspector and/or Village Clerk shall
collect all permit fees and keep an accurate account of all fees collected.
C.
Delinquent permit penalty. Permit fees shall be doubled if any work
is commenced prior to permit issuance.
D.
Waiver of permit fees. Permit fees may be waived for buildings and
structures owned by the Village if such waiver is granted by the Village
Board.
A.
Inspections required. Buildings shall be inspected at such times and in such manner as may be necessary to secure compliance with the laws, ordinances, rules and orders applicable thereto. The Building Inspector shall determine the number and types of inspections to be completed for each building project, but in no case shall any electrical, plumbing or HVAC installations be enclosed or any structural portion of any part of any building or structure be covered or concealed prior to completion of any required inspection and approval by the Building Inspector except as specifically provided for in § 111-10B of this chapter. After inspection, the Building Inspector may issue a certificate of compliance or direct any changes necessary for the building or structure to be in compliance therewith so that a certificate of compliance may be issued. After the issuance of such certificate, no structural part of the building shall be changed.
B.
Requests for inspections. The permit applicant or an authorized representative
shall notify the Building Inspector after the completion of each phase
of construction requiring inspection and shall request all inspections
orally or in writing. The Building Inspector shall make every reasonable
attempt to complete all requested inspections in a timely manner.
Work shall not proceed until required inspections have been completed
and approval has been given by the Building Inspector; provided, however,
that construction may proceed if an inspection is not completed within
two business days after proper request therefor has been received
unless otherwise directed by the Building Inspector upon reasonable
grounds of which the applicant has been informed.
C.
Inspection types. In general, the following inspections shall be
completed for all building projects, whenever applicable:
(1)
Building sewer inspection. To be completed after building sewer is
installed, while the water or air test is being conducted, but before
being covered or concealed.
(2)
Footing inspection. To be completed after forms and required reinforcing
are in place but before concrete is poured.
(3)
Foundation inspection. To be completed after forms are removed but
before backfilling. Drain tiles (when required) shall be in place
and foundation waterproofing and insulation shall be applied.
(4)
Rough inspection. To be completed for all electrical, plumbing and
HVAC installations and all general construction and framing work.
Inspections shall be completed after all rough work is finished but
before it is covered or concealed.
(5)
Insulation/energy inspection. To be completed after insulation and
vapor barrier are in place but before they are covered or concealed.
(6)
Final occupancy inspection. To be completed for all electrical, plumbing
and HVAC installations and all general construction work after all
work is finished but before use or occupancy of the building or part
thereof under construction.
D.
Documentation and notification of inspection results. The Building
Inspector shall record, in writing, in a form to be determined by
him or her, the results of all inspections required hereunder. The
Building Inspector shall inform the permit applicant and/or property
owner of the results of all inspections completed. Notification of
inspection results shall be in the form of a written notice posted
in a conspicuous place at the job site, a written inspection report
mailed to the applicant and/or property owner, or verbal communication
between the inspector and the applicant and/or property owner, which
verbal communication shall be in strict compliance with the written
documentation of the inspection prepared by the Building Inspector
with the date of such communication being recorded thereon. Notification
of inspections may be given to an authorized representative of the
applicant and/or property owner or to another responsible party designated
thereby.
E.
Stop-work order. Upon determining that work on any building or structure is being performed contrary to the provisions of this code or in an unsafe or dangerous manner, the Building Inspector may issue an order requiring that the work be stopped immediately. The stop-work order shall be in writing and shall be given to the owner of the property involved, or to the owner's agent, or to a person at the job site apparently in charge of the work. The stop-work order shall state the conditions under which work will be permitted to resume. Any person who shall continue any work in or about the building or structure, after having received a stop-work order, other than work which the person is directed to perform to remove a violation or unsafe condition, shall be deemed guilty of a violation of this code and shall be subject to penalties and forfeitures as described in § 111-17 of this chapter.
F.
Right of entry. The Building Inspector or any other inspector(s)
employed by the Village may, at all reasonable times in performance
of his or her duties, enter upon any public or private premises and
make inspections thereof to determine compliance with the provisions
of this code and may require production of the permit for any building
or for any permanent building equipment, electrical, plumbing, HVAC
work. In exercising such authority, the Building Inspector or any
other inspector(s) employed by the Village shall comply with the provisions
of § 66.0119, Wis. Stats., if applicable.
G.
Inspection disclaimer. Inspection findings are intended to report
conditions of apparent 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 or premises.
No guarantee or warranty of the condition, operation, or use of the
premises, or of the durability of equipment or materials used therein
is expressed or implied.
A.
New buildings. No building or structure hereafter erected shall be
used or occupied in whole or in part until a certificate of use and
occupancy has been issued by the Building Inspector.
B.
Buildings altered. No portion of any building or structure hereafter
altered, enlarged, moved, improved or converted from one use to another,
shall be used or occupied until a certificate of use and occupancy
has been issued by the Building Inspector.
C.
Existing buildings. Upon written request from the owner of an existing
building, the Building Inspector shall issue a certificate of use
and occupancy, provided there are no existing violations of any laws
or orders of the Building Inspector and it is established that the
intended use of the building has theretofore legally existed. Nothing
in this code shall require the removal, alteration, or abandonment
of or prevent the continued use and occupancy of a lawfully existing
building unless such use is found likely to endanger public safety
and welfare.
D.
Temporary occupancy. Upon request of the holder of a permit, the
Building Inspector may issue a temporary certificate of use and occupancy
for a building or structure, or portion thereof, provided such portion
may be occupied prior to full completion of the building without endangering
the safety or welfare of the public.
A.
Major alterations and repairs. The requirements specified in this
section shall apply to all existing buildings which do not conform
to the requirements of this code for new buildings. If alterations
or repairs are made to any existing building, where deemed practicable
by the Building Inspector, the entire building shall be made to conform
to the requirements specified herein for new buildings.
B.
Change of use or occupancy. If the current use or occupancy of any existing building or structure, or portion thereof, is changed to a use or occupancy which would not be permitted in a similar building erected after the effective date of this code, the entire building, or such portion thereof, shall be made to conform to the requirements specified herein for new buildings. The foregoing provisions of this Subsection B notwithstanding, the Building Inspector may approve any such change in the use or occupancy of any existing building or structure, or portion thereof, even though such building, structure or portion thereof is not made to conform fully with the requirements of this code, if, in his/her judgment, such change will not extend or increase any nonconformity with the requirements of this code or hazard associated with the building, structure or portion thereof, and provided, further, that such use or occupancy conforms to the provisions of Chapter 270, Zoning, of the Code of the Village of Footville, as determined by the Building Inspector in consultation with the Village Fire Chief or designee.
C.
Structural alterations and repairs. Every alteration of or repair
to any structural component or portion of any existing building or
structure shall, when deemed necessary for the safety of the occupants
in the opinion of the Building Inspector, be made to conform to the
requirements of this code.
A.
Order to comply and notice. Whenever the Building Inspector finds
that any building or structure, or any part thereof, is dangerous
to life or adjoining property, due to lack of maintenance, defective
construction, overloaded floors, decay, lack of safeguards against
fire, general dilapidation or other cause, he/she shall order the
owner or responsible tenant thereof to cause the same to be made safe
or to be removed, as in the judgment of the Building Inspector may
be necessary. The owner or responsible tenant of such building or
structure shall thereupon immediately cause the same to be made safe,
or to be removed, as ordered.
B.
Emergency measures. Where the safety of the public requires immediate
action, the Building Inspector may enter upon premises with such assistance
as may be necessary, and cause the building or structure to be made
safe or to be removed, and the expense of such work may be recovered
by the Village in an action against the owner or responsible tenant.
A.
Permit required. Prior to the moving of any building or structure
within or into the Village, a permit authorizing the same shall be
obtained from the Building Inspector.
B.
Compliance. Buildings or structures moved within or into the Village
shall comply with the provisions of this code for new buildings and
structures where deemed practical by the Building Inspector.
C.
Unsafe or unfit buildings. No building or structure shall be moved
within or into the Village if determined by the Building Inspector
to be structurally unsafe.
D.
Bond required. Before a permit to move any building or structure
is issued by the Building Inspector, the applicant therefor shall
provide a bond in the sum of $10,000, with good and sufficient sureties
to be approved by the Building Inspector, Village Board and Village
Attorney, insuring that the applicant will defend, indemnify and hold
harmless the Village, its officers, employees and agents, from any
claims, judgments, costs or expenses which may arise from any actions
related to the move or from the granting of such permit.
E.
Conditions of approval. Every permit to move a building or structure
shall describe all conditions to be complied with, designate the route
to be taken and specify the periods of time during which the move
will be carried out.
F.
Regulations for buildings in transit. The moving of a building shall
be continuous during all hours of the day and day by day, and at night
if the Building Inspector so orders, until completed, with the least
possible obstruction to Village streets. The exterior of the building
shall be lighted at night so as to make the location of the buildings
conspicuous to all persons, including, but not limited to, motorists
and pedestrians, in its vicinity. The route and times of moving shall
be approved, in writing, by the Chief of Police and/or Rock County
Sheriff's Department.
G.
Damage to streets and highways. Every person receiving a permit to
move a building or structure shall, within one day after the move
has been completed, report the completion of the move to the Building
Inspector who shall cause the streets and highways over which the
building was moved to be inspected and their condition to be ascertained.
If moving of the building or structure has caused any damage to any
street or highway in the Village, the permit holder shall repair and
restore the same to its condition existing immediately before the
move was begun. Upon failure of the permit holder to complete such
repairs within 10 days after receiving notification from the Building
Inspector of the required repairs, the Building Inspector shall order
that the repairs be completed and shall be entitled to receive reimbursement
for the cost of the repairs from the sureties on the bond given by
the permit holder as required hereinabove.
A.
Permit required. Prior the razing or demolition of any building or
structure in the Village, a permit shall be obtained from the Building
Inspector authorizing the same.
B.
Barricade required. A snow fence or other barricade approved by the
Building Inspector shall be provided around the demolition site prior
to the commencement of demolition activities and shall be maintained
until those activities are completed and the site restored to a condition
sufficient to insure the safety of the public.
C.
Service connections. Before a building or structure may be demolished
or removed, the owner or agent shall notify all utilities having service
connected to the building or structure such as water, gas, sewer and
other services. All service connections and appurtenant equipment,
such as meters and regulators, shall be removed or sealed and plugged
in a safe manner. All such utilities shall be disconnected or otherwise
terminated at the right-of-way, curbline, property line or other location
acceptable to the utility providing the service and the Building Inspector.
D.
Restoration of site. Whenever a building or structure is demolished
hereunder, all debris and materials resulting from such demolition
shall be removed from the premises, all basements and other excavations
and depressions exposed or caused by such demolition shall be filled
to the general grade of the premises, and all driveways, walkways
or other surfacing on such premises shall be removed unless intended
to be used in connection with the proposed use of the premises. All
appurtenant structures on the premises no longer useful for the proposed
use of the premises shall likewise be razed or demolished and the
resulting debris removed from the premises. All resulting vacant areas
shall be seeded or planted as required by the Building Inspector.
A.
Appealable matters. Any person aggrieved by an order, ruling or decision
of the Building Inspector has a right of administrative appeal to
the Village Board of Appeals pursuant to § 62.23(7) and
(9), Wis. Stats.
B.
Procedure. Those procedures customarily used to effectuate an appeal
to the Board of Appeals shall apply, including, but not limited to,
the procedures set forth in § 62.23(7)(e), Wis. Stats.,
which are incorporated herein by reference. Any such appeal shall
be commenced within 20 days after receipt by the aggrieved party of
an order, ruling or decision of the Building Inspector.
A.
Unlawful acts. The following actions or inactions on the part of
any person, firm or corporation shall constitute a violation of this
code:
(1)
Construction, erection, alteration, extension, repair, removal, demolition
or use or occupancy of any building or structure or equipment regulated
by this code, in violation of any of its provisions.
(2)
Failure to timely comply with any lawful order issued in accordance
with this code.
(3)
Failure to perform in compliance with a detailed statement or plan
approved in accordance with this code or to perform in compliance
with all of the requirements of any permit or certificate issued thereunder.
(4)
Removal by any person other than the Building Inspector of a stop-work
order from any job site.
(5)
Any action permitting or suffering any of the above to be done in
violation of any provision of this code.
B.
Notice of violation and order.
(1)
The Building Inspector shall serve written notice of any violation
of this code upon the person, firm or corporation who or which has
committed the violation by certified mail, return receipt requested,
addressed to the same; by personal delivery to the same; or by delivery
of the notice to any person at the job site apparently in charge of
the work. Such notice may include a stop-work order directing the
discontinuance of the conduct or condition constituting the violation
and directing the abatement of the violation. A copy of any stop-work
order shall be posted at the job site and shall not be removed therefrom
except by the Building Inspector after receiving satisfactory evidence
that the violation described in the notice has been corrected.
(2)
The Building Inspector may also suspend or revoke any permit for any building or structure on any property where noncompliance with this code is discovered in accordance with § 111-8F of this chapter.
(3)
Any practice or condition in violation of this code shall be corrected
within the time designated by the Building Inspector, which shall
not exceed 30 days following service of notice of a violation in the
manner set forth above. In extraordinary circumstances, where violations
have been substantially but not entirely corrected, the Building Inspector
may grant an extension of the time within which the violation must
be corrected, not to exceed 30 additional days.
C.
Prosecution. If a notice of violation or order is not complied with,
the Building Inspector may request the Village Attorney to institute
the appropriate proceeding at law or in equity to correct or abate
such violation or require the removal or termination of the unlawful
use of the building or structure in violation of the provisions of
this code or of the notice or order made pursuant thereto. In any
court action or legal proceeding, an error, oversight or dereliction
of duty on the part of the Building Inspector shall not constitute
a defense.
D.
Injunctions and restraining orders. As a substitute for, or in addition
to, forfeiture actions, the Village Attorney may, on behalf of the
Village, seek enforcement of any and all provisions of this code by
court action seeking an injunction or restraining order against the
person or entity responsible for the violation ordering that person
or entity to do one or more, of the following:
(1)
Correct or remove the violation or refrain from any further performance
the work.
(2)
Correct the installation, erection or alteration of such building
or structure.
(3)
Remove all work in violation of any provision of this code.
(4)
Cease the occupation or use of the building or structure or part
thereof erected, constructed, installed or altered in violation of
any provision of this code.
(5)
Undertake or refrain from any other action required in order to abate,
cure or correct a violation of any provision of this code or to prevent
future violations thereof which are reasonably likely to occur.
E.
Penalty. Any person who fails to comply with any of the provisions of this code shall, upon conviction thereof, be subject to a forfeiture of not less than $100, nor more than $500 per violation, and the costs of prosecution. In default of payment of such forfeiture and costs where no showing of indigency is made, such person shall be imprisoned in the county jail until such forfeiture and costs are paid, but not exceeding 90 days. Each day a violation continues shall constitute a separate offense, punishable as such in accordance with the provisions of this Subsection E.
