[Adopted 10-3-1988 as Title 15, Ch. 1, of the 1988 Code]
A.
Title. This article shall be known as the "Building Code of the Village
of Kimberly" and will be referred to in this article as "this code"
or "this article."
B.
Purpose. 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 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 of Kimberly shall conform to all
the requirements of this article 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 article
whenever it is used for dwelling, commercial or industrial purposes,
unless it was being used for such purpose at the time this article
was enacted. The provisions of this article supplement the laws of
the State of Wisconsin pertaining to construction and use and the
Zoning Code of the Village and amendments thereto to the date this
article was adopted and in no way supersede or nullify such laws and
the said Zoning Code.[1]
D.
Exclusions. This article does not pertain to and no permit is required
for all construction relating to agricultural outbuildings, such as,
but not limited to, barns, sheds and corn cribs, with the exception
that outdoor privies are governed by this article.
A.
Permit required.
(1)
General permit requirement. No building of any kind shall be moved
within or into the Village of Kimberly 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 of Kimberly, except as herein provided, until a permit
therefor shall first have been obtained by the owner or his/her 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 article 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 article 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 article 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/her 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 Plan Commission 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 Plan Commission or its expert
consultants to determine whether the proposed application meets all
the requirements applicable thereto in this article.
(2)
Administration. The Building Inspector shall make a preliminary review
of the application and plans and refer them, along with a report of
his/her findings, to the Plan Commission. The Plan Commission 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 article. 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 Plan Commission 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.
(d)
The landscaping and appearance of the completed site. The Plan
Commission 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 or purposes of this section.
(4)
Effect on municipal services. Before granting any site approval,
the Plan Commission 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 Plan Commission 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 Board of Appeals by filing a notice of appeal
with the Village Administrator 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 land division and required
improvements are accepted by the Village Board upon the recommendation
of the Plan Commission.
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.
(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 occupancy permit shall not be issued until such
utilities are available to service the property.
(4)
Utility service not available. If municipal sewer and water are not
available, no building permit or occupancy permit will be issued until
plans are provided for a private domestic sewage treatment and disposal
system and an approved well system. The installation of the above-mentioned
systems must be approved by the Village Plumbing Inspector and the
county agency in charge of issuing the applicable state permits.
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
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 site 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
article. 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 Wisconsin 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 § Comm 20.09(4),
Wis. Adm. Code. There shall be a plan review fee for all plans submitted
under this section. The fee due the State of Wisconsin for the Wisconsin
uniform building permit in accordance with § Comm 61.06,
Wis. Adm. Code, shall be paid out of said plan review fee.
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/she may waive
the filing of plans for alterations, repairs or moving, provided the
cost of such work does not exceed $2,000.
(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 $300,
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.
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/she 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/her discretion, may issue a permit
for that part of the building before receiving the plans and specifications
for the entire building. No work is to be started unless a proper
grade has been established by the Village Engineer. This would include
sidewalks, curb and gutter, driveways and general construction.
I.
Inspection of work. The owner or his/her agent shall have all lot
corners and bends visibly staked prior to requesting an inspection.
The builder shall notify the Building Inspector, and the Building
Inspector shall inspect all buildings upon the completion of the foundation
forms or before the foundation is laid and again when ready for lath
and plaster or before paneling is applied. After completion, he/she
shall make a final inspection of all new buildings, alterations and
existing buildings put to new uses. If he/she finds that the work
conforms to the provisions of this article, he/she shall issue a certificate
of compliance which shall contain the date and outline of the result
of such inspection and a statement of the use contemplated, a duplicate
of which shall be filed by location in the office of the Building
Inspector. The issuance of a certificate of compliance shall not authorize
a use of the building different from that stated therein unless the
building is adaptable to such use under the provisions of this article.
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 24 months from the date of issuance thereof.
K.
Issuance of occupancy permit and revocation of permit. No new building
shall be occupied or otherwise used prior to the issuance of an occupancy
permit. After the issuance of an occupancy permit, but before the
issuance of a certificate of compliance, such building may be occupied
or used only with the permission of the Building Inspector. Such permit
shall be in writing and shall state the type of use which is permitted.
The permit may be revoked, at the discretion of the Building Inspector,
upon 30 days' notice to the user or occupant of the building.
The revocation of a building permit or a permit to use shall not prevent
such use of the building as was permissible prior to the issuance
of such permit unless alterations have been made therein which increase
the fire hazard or impair the safety or health conditions pertaining
to such building.
L.
Revocation of permits.
(1)
The Building, Plumbing, Electrical or Heating, Ventilating and Air
Conditioning (HVAC) Inspector may revoke any building, plumbing, HVAC
or electrical permit, occupancy permit or approval issued under the
regulations of this article 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 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 has been issued to him/her.[3]
(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 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.
(f)
Whenever there is a violation of any of the conditions of an
approval or occupancy permit given by the Inspector for the use of
all new materials, equipment, methods of construction, devices or
appliances.
(2)
The notice revoking a building, plumbing or electrical permit, occupancy
permit or approval shall be in writing and may be served upon the
applicant for the permit, the owner of the premises and his/her agent,
if any, and on the person having charge of construction.
(3)
A revocation placard shall also be posted upon the building, structure,
equipment or premises in question by the 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 article,
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 article. However, such work as the Inspector may order as
a condition precedent to the reissuance of the building permit may
be performed or such work as he/she may require for the preservation
of life and safety.
M.
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 article.
N.
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. Comm 20 through 25, Wis. Adm. Code, are hereby adopted and
by reference made a part of this article 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 article. Any future amendments, revisions or modifications
of the Administrative Code provisions incorporated herein are intended
to be made part of this article to secure uniform statewide regulation
of one- and two-family dwellings in the Village of Kimberly. A copy
of these Administrative Code provisions and any future amendments
shall be kept on file in the Village Administrator's office.
B.
Existing buildings.
(1)
The Wisconsin Uniform Dwelling Code shall also apply to buildings
and conditions where:
(a)
An existing building is to be occupied as a one- or two-family dwelling
which building was not previously so occupied.
(b)
An existing structure 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.
(2)
Additions and alterations.
(a)
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 article for new buildings. The provisions of § 207-2 shall also apply.
(b)
Any addition or alteration, regardless of cost, made to a building
shall be made in conformity with applicable sections of this article.
(3)
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 article.
C.
ADDITION
ALTERATION
DEPARTMENT
DWELLING
MINOR REPAIR
ONE- OR TWO-FAMILY DWELLING
PERSON
UNIFORM DWELLING CODE
Definitions. As used in this article, 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 Wisconsin 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.
An individual, partnership, firm or corporation.
Those provisions and any future amendments, revisions or
modifications thereto, contained in the following chapters of the
Wisconsin Administrative Code:
D.
Method of enforcement.
(1)
Certified inspector to enforce. The Building Inspector and his/her
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.
(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 article 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/her agent while in performance
of his/her 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.
Portions of State Building Code adopted. Chapters Comm 61 through
65, Wis. Adm. Code (Wisconsin Commercial Building Code) are hereby
adopted and made a part of this article with respect to those classes
of buildings to which this article specifically applies. Any future
amendments, revisions and modifications of said Chs. Comm 61 to 65,
Wis. Adm. Code, incorporated herein are intended to be made a part
of this article . A copy of said Chapters Comm 61 to 65, and amendments
thereto, shall be kept on file in the office of the Building Inspector.
B.
Terms. The building terms used in this article shall have the meaning
given them in the State Building Code.
C.
Dwellings. The term "dwelling" includes every building occupied exclusively
as a residence by not more than two families.
D.
Workmanship. Workmanship in the fabrication, preparation and installation
of materials shall conform to generally accepted good practice.
E.
Conflicts. If, in the opinion of the Building Inspector and the Village Board, the provisions of the State 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.
A.
All materials, methods of construction and devices designed for use
in buildings or structures covered by this article and not specifically
mentioned in or permitted by this article shall not be so used until
approved in writing by the Wisconsin 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
Wisconsin Department of Safety and Professional Services. The data,
test and other evidence necessary to prove the merits of such material,
method of construction or device shall be determined by the Wisconsin
Department of Safety and Professional Services.
A.
Basement bedrooms. Every sleeping room in a basement shall be provided
with natural light by means of glazed openings of at least 8% of the
net floor area. The outside windows in every basement bedroom shall
have an openable area large enough and located as to permit a child
or adult to safely exit to the exterior of the building.
B.
Accumulation of rubbish, etc. Every building shall be kept clean
and shall also be kept free from any accumulation of dirt, filth,
rubbish, garbage or other matter in or on the same or in the yards,
courts, passages, areas or alleys connected with or belonging to the
same.
C.
Canopies and hoods. No permanent hood or canopy shall be constructed
unless in the manner herein provided.
(1)
Permit required. No canopy or hood shall hereafter be erected, located,
moved, reconstructed, extended, enlarged or structurally altered without
a permit therefor being first secured from the Building Inspector.
(2)
Bond; liability insurance. All canopies and hoods that extend over
the Village right-of-way shall require a liability insurance policy
issued by an insurance company authorized to do business in the State
of Wisconsin and indicating that signs and projections are covered.
The insurance policy shall name the Village as co-insured and be approved
by the Village Attorney or, as an alternative, a public liability
bond with sureties in an amount equal to $300 per square foot, based
on the area of the underside of such canopy or hood, will be required.
In no case shall any bond be less than $60,000 or more than $100,000.
The form and type of bond shall be approved by the Village Attorney.
(3)
Clearance. There shall be not less than 8.5 feet between the grade
of the sidewalk at any point and the lowest point of any appendage
or projection of any canopy or hood extending from any building into
a public right-of-way.
(4)
Projection towards street. The projection of permanent canopies or
hoods shall not extend over any street or alley or be nearer than
two feet from the outside face of the curb.
(5)
Height. Canopies and hoods constructed along a block on a street
shall not be constructed in such a manner as to restrict the viewing
of signs and other ornaments constructed along said block, including
the obstructing of signs on adjoining properties.
(6)
Accessories to installations. Any necessary appurtenances or signs
of a temporary or permanent installation shall be rigidly attached
to the hood or canopy in a manner satisfactory to the Building Inspector
or any inspector of the Department of Safety and Professional Services.
No swinging signs on accessories shall be permitted.
(7)
Signs erected above canopies or hoods. Where signs are erected above
canopies or hoods they should be hung independently of the canopy
or hood.
(8)
Drainage. Where canopies or hoods that extend over or are adjacent
to any Village of Kimberly right-of-way are erected provisions shall
be made so that snow, ice or icicles shall not accumulate on the canopies,
hoods or sidewalk beneath the same so as to endanger persons or property.
(9)
Design and material requirements. Canopies and hoods shall be constructed
in accordance with the State of Wisconsin and Village of Kimberly
building codes.
(10)
Suspension from building. Canopies and hoods shall be suspended
from the building with no supports bearing upon the sidewalk or public
street.
(11)
Approval required. Building plans, as required by Ch. Comm 61,
Wis. Adm. Code, and approved by the Department of Safety and Professional
Services will be required for all canopies and hoods thereafter erected.
(12)
Awnings. Any awning hereafter erected, located, reconstructed,
extended, enlarged or structurally altered that projects over any
Village of Kimberly right-of-way shall require a permit and shall
be constructed on an adjustable metal frame, firmly secured in place
and covered with canvas or other suitable material; such frame shall
be at least eight feet in height above the highest point of the sidewalk
directly beneath it, and the lowest point of the flap or fringe of
such awning shall not be less than seven feet above the sidewalk immediately
beneath it.
A.
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 the Wisconsin Statutes.
B.
Where the public safety requires immediate action, the Building Inspector
shall enter upon the premises with such assistance as may be necessary
and cause the building or structure to be made safe or to be removed,
and the expenses of such work may be recovered by the Village in an
action against the owner or tenant.
The purpose of the inspections under this article is to improve
the quality of housing in the Village of Kimberly. 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, a disclaimer shall
be included in each inspection report as follows: "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.
ATTACHED PRIVATE GARAGE
DETACHED PRIVATE GARAGE
ONE-HOUR FIRE-RESISTIVE CONSTRUCTION
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A private garage attached directly to the principal building
or attached by means of any enclosed or open breezeway, porch, terrace
or vestibule, or a private garage so constructed as to form an integral
part of the principal building.
A private garage entirely separated from the principal building.
Includes the following assemblies and materials:
B.
Location of detached garages. Detached garages shall be governed
by the following unless otherwise provided for in appropriate zoning
district regulations:
(1)
Garages of wood frame construction shall be located not less than
10 feet from any residence building, except that such distance may
be reduced to not less than five feet when the interior walls of such
garage adjacent to a residence building are protected with not less
than one-hour fire-resistive construction.
(2)
Garages of masonry wall construction shall not be less than five
feet from any residence building.
C.
Area. All private garages shall be limited in area as follows:
D.
Foundations and footings. Attached private garages shall be provided
with the same type footings and foundations as required herein for
the principal building. Detached private garages may be built with
a continuous floating slab of reinforced concrete not less than four
inches in thickness. Reinforcement shall be a minimum of six inches
by six inches No. 10 wire mesh. The slab shall be provided with a
thickened edge all around, eight inches wide and eight inches below
the top of the slab. Exterior wall curbs shall be provided not less
than four inches above the finished ground grade adjacent to the garage.
Bolts 3/8 inch in diameter with nuts and washers attached, six inches
long, shall be embedded three inches in the concrete curb of detached
garages eight feet on center.
E.
Floor surface. The floor in all private garages shall be of concrete
construction. No openings or pits in the floor shall be permitted
except for drainage.
F.
Construction. Private garages shall be constructed as follows:
(1)
Load-bearing foundation walls and piers, masonry walls and partitions
shall be constructed as regulated herein, as stated above.
(2)
Detached private garages of wood frame construction shall be constructed
with the following minimum requirements:
(a)
Studs may have a maximum spacing of 24 inches on center.
(b)
Diagonal corner bracing may be applied on the inside surface
of studs.
(c)
Corner posts may consist of two two-by-four-inch studs or a
single four-by-four-inch stud.
(d)
Horizontal bracing and collar beams may be two by six inches
with a maximum spacing of four feet on center.
(3)
Attached private garages shall be of the same type of construction
as that of the principal building and as further regulated in this
article.
G.
Attached private garages. Private garages may be attached to or made
a part of residence buildings when in compliance with the following
regulations:
(1)
All walls in common with a principal building and attached private
garage shall be of not less than one-hour fire-resistive construction
on the garage interior.
(2)
Where a private garage is part of a building having habitable rooms
over such garage, there shall be provided a horizontal and vertical
separation between the two occupancies of not less than two-hour fire-resistive
construction, except that, in lieu thereof, the spaces between the
joists and studs of the floor and wall shall be filled with approved
noncombustible material four inches in thickness and protected with
one-hour fire-resistive construction.
(3)
An attached private garage may have a door connecting directly into
the principal building, provided that the floor of such garage is
at least eight inches below the floor of such principal building.
Such door shall be a self-closing metal-clad door or solid wood door
not less than 1 3/4 inches in thickness. A maximum 100 square
inches of one-fourth-inch stationary wire glass window may be permitted
in such door.
(4)
Boilers, furnaces or other heating equipment used in connection with
the principal building shall not be installed in private garages.
There shall be no openings from a private garage which shall lead
directly to a boiler or furnace room unless they conform to the requirements
for openings directly to the house. Heating equipment in private garages
shall be limited to steam or hot water piping. Unit heaters approved
for installation in public garages may be used.
[Amended 8-1-2011 by Ord. No. 7-2011]
A.
Permit. No person shall raze any building within the Village of Kimberly
without first obtaining a permit therefor from the Street Department.
(1)
Application. The owner of the building to be razed shall sign the
permit application. In the alternative, an agent for the owner may
sign the permit application upon providing written authorization verifying
permission of the owner to apply for the permit. The Zoning Administrator
may require additional information and other state or local permits
as required by law, rule, or regulation.
(2)
Fees. The permit fee to raze a principal building is $90 plus $0.12
per square foot.
(3)
Surety bond. Any application for a permit to engage in the razing
of buildings within the boundaries of the Village shall be accompanied
by a surety bond, approved by the Village Attorney as to form, in
the amount of the actual cost of the permitted work. Such bond shall
guarantee that all work is performed in accordance with this article
and other state and local laws, rules and regulations, and hold the
Village harmless from any costs and expenses arising from the permitted
work and secure timely performance of the work. The Village may reasonably
require a bond of a greater amount, on a case-by-case basis, where
deemed necessary to protect the Village.
(4)
Comprehensive liability insurance. An applicant for a permit shall
provide proof of comprehensive liability insurance in the amount of
$1,000,000 per occurrence and per person and $50,000 property damage.
(5)
Disconnection of utilities. The permit holder shall be responsible
for disconnections of utilities necessary for the razing and shall
provide evidence that necessary disconnections have been accomplished.
B.
Permit conditions. All permits shall be subject to the following
conditions:
(1)
Permit term. The razing of a building shall be completed within 30
days after the date the permit was issued. The Zoning Administrator
may at his/her discretion extend the permit term for cause. "Cause"
shall mean the inability of the permittee to act due to circumstances
beyond permittee's reasonable control upon the exercise of due
diligence.
(2)
Inspection of work. Work done under a raze permit is subject to inspection
by the Zoning Administrator, who shall have the authority to order
corrective work. Failure to follow the orders of the Zoning Administrator,
or to complete the raze in accordance with this article, shall give
the Zoning Administrator authority to seek restitution from the required
bond.
(3)
Foundation of razed building. Whenever a building has been razed,
the foundation thereof, if any, shall be leveled to at least one foot
below grade and filled in with ninety-five-percent noncombustible
fill material, with the top two feet of fill material being of dirt
or sand. No combustible material may be placed in said foundation.
(4)
Driveway approaches, sidewalks and slabs. Remaining driveway approaches
shall be removed and replaced with curb and gutter; damaged public
sidewalks shall be replaced; and driveway aprons, remaining slabs
and private sidewalks shall be removed from the site prior to final
approval. Permits for replacing curb and gutters, driveway approaches
and public sidewalks shall be obtained from the Street Commissioner.
(5)
Site grading. Whenever a building has been razed, the site shall
be graded with a minimum of three inches of topsoil, with seed and
mulch or sod applied to cover the entire disturbed area.
(6)
Disposal of debris. The permit holder shall dispose of all building
debris in a licensed landfill, except for salvaged materials. At any
time, the license holder shall produce to the Zoning Administrator
receipts and/or an itemized list of debris disposed of by dumping
or salvage.
(7)
Site safety and security. The permit holder shall, during the razing
process, maintain the razing site in a safe and secure condition,
and the license holder shall promptly report any personal injury and
property damage to the Zoning Administrator. The Zoning Administrator
may require additional safety and security methods, including fencing
and gating, as deemed necessary to protect the site and restrict access
to the public.
C.
Exemption. This section shall not be construed to apply to contractors
or homeowners doing demolition work on part of a building which is
necessary in the course of building construction work being conducted
under a building permit.
D.
Accessory buildings and detached garages. This section shall not
apply to demolition of accessory buildings or detached garages not
greater than 500 square feet.
E.
Special assessment. The Zoning Administrator shall recover all costs
of enforcement under a raze and repair order through special assessments
to be levied and collected as a delinquent tax against the real estate
upon which the building is located. Such special assessment shall
be a lien upon the real estate. A one-hundred-dollar administrative
fee shall be added to the special assessment against the benefited
property.
A.
Smoke detector devices required. The owner of every premises on which
is located one or more dwelling units within the Village shall install
a smoke detection device so located as to protect the sleeping areas
of each dwelling unit. If sleeping areas are separated, the number
of detection devices installed shall be that deemed sufficient by
the Village Fire Inspector to protect each sleeping area.
B.
DWELLING UNIT
Definitions. For the purposes of this section, the following words
and phrases shall have the following meanings:
A group of rooms constituting all or part of a dwelling which
are arranged, designed, used or intended for use exclusively as living
quarters.
C.
Exemption. This section shall not apply to owner-occupied single-family
dwelling units built before April 1, 1988.
D.
Installation and design standards.
(1)
The Chief of the Fire Department shall advise the owner of the premises
of the types of detectors and points of installation within the dwelling
which meet the requirements of this section.
(3)
All smoke- and heat-detection devices shall bear the Underwriters'
Laboratory seal of approval or Factory Mutual approval. All smoke
detection devices shall meet the Underwriters' Laboratory Standard
217. At least one smoke- or heat-detection device shall be installed
for every dwelling unit located so as to protect sleeping areas.
(4)
In multiple-family dwellings, additional devices connected to the
building alarm system, if any, shall be installed in every public
corridor serving one or more dwelling units and on every separate
level of the building, regardless of whether a sleeping area is located
on such level. If a local fire alarm system is not provided or required,
detection devices shall be connected to a signal outside of the enclosure
which will be audible throughout the entire building.
(5)
In multibuilding dwellings, in addition to smoke detectors in every
living unit, all storage areas shall be protected with heat-sensing
devices. These devices shall be connected to the building fire alarm
system. If a local fire alarm system is not required, such device
shall be connected to a signal outside of the enclosure which will
be audible throughout the entire building. Heat-sensing devices shall
be installed and spaced according to good engineering practice, but
in no case shall detectors be spaced more than 30 feet on center and
15 feet from any wall.
(6)
Smoke detectors or heat-sensing devices shall be installed in all
furnace, boiler and incinerator rooms in a multifamily dwelling.
E.
Owner responsible for installation and maintenance. The owner of
the dwelling unit shall be responsible for the installation and/or
maintenance of smoke- and heat-detection devices required by this
section unless the Fire Chief is notified in writing by registered
mail of the designation of some other authorized qualified individual
to assume that responsibility.
A.
Abandoned excavations. Any excavation which exists for 30 days or
more where construction has not been commenced therein shall be considered
abandoned and shall be refilled and leveled to grade by the owner
of such lot or parcel of land within 10 days after receiving a written
notice from the Building Inspector of such requirement; upon the failure
of such owner to comply with such requirement within the stated period,
the work may be done by the Village or its agent and the expense thereof
shall be assessed against such lot or parcel of land as a special
tax pursuant to § 66.0627, Wis. Stats., to be collected
in the same manner as are other real estate taxes.
B.
Vacant buildings. Whenever any building or structure is vacant and
the doors and windows or any part thereof have been removed or opened,
leaving the interior of such building or structure exposed to the
elements and accessible to trespassers, then such building or structure
shall be deemed to be dangerous, unsafe and a menace to public safety.
The Building Inspector shall give the owner thereof written notice
to secure said building or structure and comply with Village Code
requirements within 30 days of the date of said notice. Failure to
comply with said written notice shall be sufficient grounds for the
Building Inspector to condemn and raze said building or structure
in accordance with the applicable provisions of § 66.0413,
Wis. Stats.
C.
Protection of adjoining property. When the owner of any lot or plot
of land or the Village in making improvements is about to excavate
or cause an excavation to be made, which excavation in any way affects
any building or structure on any adjoining lot, a notice shall be
given to all owners of adjoining lots at least 10 days prior to commencing
the excavation in order to give the adjoining owners a reasonable
opportunity to protect their property at their own expense according
to law. Such notice shall describe the extent and character of the
excavation work about to be done.
D.
Transfer of solid fill. No person, firm or corporation shall transfer
to, dump or place upon lands, public or private, solid fill within
the Village of Kimberly without first obtaining a permit therefor:
(1)
Application. Application for a permit to transfer, place or dump
solid fill within the Village of Kimberly shall be made by the owner
of the lands to be filled or his/her designated agent in writing to
the Building Inspector upon an application furnished by the Village.
A separate permit shall be obtained for each truck or vehicle hauling
the fill material. The applicant shall set forth upon the application
form the following information:
(a)
Location of filling operation;
(b)
Proposed route for hauling fill;
(c)
Number, type, size and license number of trucks to be used;
(d)
Proposed trucking schedule, number of days and time of day;
(e)
Other equipment involved in fill operation;
(f)
Descriptions and source of fill material; and
(g)
Grading plan indicating final limits and finished grade of fill
area.
(2)
Fee. A fee of $15 shall accompany the application for permit which
shall be retained if the permit is not issued; in addition, a fee
of $10 per truck shall be paid for each truck hauling to the fill
area.
(3)
Fill material. Fill material shall be clean, inert material, free
from organic material, brush, garbage and material subject to organic
decomposition. Where necessary, to avoid dust or similar litter, all
material shall be wetted down before transporting. Fill containing
items such as hollow containers, appliances and equipment subject
to subsequent collapse or settlement is prohibited. Generally, material
such as earthfill and broken concrete of a size approved by the Building
Inspector or his/her designee will be classified as acceptable fill,
subject to other permit requirements.
(4)
Permits. The Building Inspector or his/her designee is authorized to issue a filling permit to each applicant when he/she is satisfied that the fill material meets the requirements in Subsection D(3) above and that the filling operation will not create noise, traffic or other problems detrimental to the residents of the area of the community in which said filling is taking place; the Building Inspector or his/her designee shall not authorize any filling between the hours of 5:00 p.m. and 8:00 a.m. on weekdays, nor at any time on Saturday, Sunday or on a statutory holiday; he/she shall further restrict the hours of filling or the number of trucks involved based upon the location of the filling operation and the traffic conditions of the area where the filling is being placed. The permit shall be for a period not to exceed three consecutive months in a calendar year. Permit applications for subsequent years, when filling operations span a period of several years, will be subject to conditions and fees governing initial applications.
(5)
Other regulations. Filling operations also shall be subject to all
applicable county, state or federal license or permit regulations.
Filling operations shall not block a natural drainagecourse.
(6)
Exceptions. The provisions of this subsection relating to the transfer
of solid fill shall not apply to customary top dressing or fertilizing
of lawns and gardens nor shall they apply to the construction of block
or concrete patios, driveways or platforms permitted under Village
ordinances. Filling involved in an operation requiring a building
permit or a wrecking permit is exempt from this subsection of the
article.
(7)
Appeal. Any person, firm or corporation who is denied a filling permit
or whose filling operation is restricted due to noise, traffic or
other conditions may appeal to the Board of Appeals by filing written
notice of appeal as required by the Village Board.
A.
General requirements.
(1)
No person shall move any building or structure upon any of the public
ways of the Village 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 prior to issuance of the moving permit.
(3)
Issuance of moving permit shall further be conditioned on approval
of the moving route by the Chief of Police.
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 streets or highways, 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/her bond responsible for the payment of same.
D.
Conformance with article. No permit shall be issued to move a building
within or into the Village and to establish it upon a location within
the 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 article 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/she
shall make a finding of fact to the effect that all such repairs,
improvements and remodeling are in conformity with the requirements
of this article 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 to move any building is granted by the Building Inspector,
the party applying therefor shall give a bond in the sum of $10,000
with good and sufficient sureties to be approved by the Village Attorney,
conditioned, among other things, that said party will save and indemnify
judgments, costs and expenses which may, in any way, accrue against
the Village of Kimberly and will save the Village harmless against
all liabilities, judgments, costs and expense in consequence of granting
of such permit.
(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 is 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.
[Added 5-7-2018 by Ord. No. 10-2018]
A.
Purpose. The purpose of this section is to regulate the removal of
salvageable materials from vacated buildings, not otherwise occurring
as part of an approved demolition plan or for the purposes of remodeling,
for any purpose other than personal reuse by the owner or personal
reuse or required removal by a tenant of the property from which it
was removed, without immediate functional replacement thereof.
B.
Authorities: Village Board of the Village of Kimberly.
C.
CODE OFFICIAL(S)
OPERATOR
OWNER
SALVAGEABLE MATERIAL
TENANT
VACATED BUILDING
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Village Board of the Village of Kimberly.
Any person, corporation or other business entity or holder
of a security interest that undertakes the removal of salvageable
material from a vacated building within the jurisdictional limits
of the Village of Kimberly, or which directs or allows such removal.
The title holder(s) to real property on which stands any
vacated building or structure from which any salvageable material
is removed.
A person or entity entitled by written agreement to occupy
the building or structure, or portion of the building or structure,
from which any salvageable material is removed.
A building or structure, or portion of a building or structure,
that had a principal nonresidential use as its most recent use allowed
by law, which principal use has ceased. The cessation of the primary
activities constituting the principal use shall be determinative of
whether the principal use had ceased. The presence of personnel in
the building or structure is not determinative of whether the use
has ceased.
D.
Exclusions. This section does not apply to the following:
(1)
Salvaging operations at structures where its most recent allowable
use by law was residential;
(2)
Salvage operations at nonresidential structures under 5,000
square feet;
(3)
Items/materials removed where replacement will occur as part
of a remodeling process over time pursuant to a valid and subsisting
building, heating, plumbing, or electrical permit;
(4)
Salvaging operations that occur as part of an approved demolition
plan, pursuant to a valid demolition permit or otherwise, in which
the permit holder/owner/operator is obligated to complete said demolition
within a specified time frame;
(5)
Equipment, items or supplies removed by the owner for personal
reuse; and
(6)
Equipment, items or supplies owned and removed by the tenant
during the term of a written lease.
E.
Recycling.
(1)
The permit holder shall cause to be salvaged, reused or recycled
all of the following material/items removed and debris produced on
site as part of the salvaging permit activities:
(2)
The Village of Kimberly maintains the right to suspend requirements
of this section if the market for the above materials changes, making
compliance unattainable, or if the condition of the material(s) and/or
proximity to recycling/reuse facilities makes compliance impracticable,
as determined by the Code Official of the Village of Kimberly.
F.
Partial exemption. A partial exemption is allowed under this section
for items and materials removed for the sole purpose of historical
or cultural preservation. A request for exemption shall be filed with
the Village Administrator on forms created by the Code Official and
provided by the Village of Kimberly. The request for exemption shall
include documentation of historical or cultural significance acceptable
to the Code Official which may include written request for preservation
by historic society or equivalent.
G.
Permit. No person, corporation or other business entity or holder
of a security interest may remove, direct the removal of, or allow
to be removed any salvageable material from a vacated building unless
such removal is performed pursuant to a permit granted by the issuing
body and issued to the applicant pursuant to this section. The owner
and permit holder shall be jointly responsible for complying with
any permit issued pursuant to this section.
H.
Permit application.
(1)
The applicant may be the owner of the real estate, or a contractor
hired by the owner, tenant or the holder of a security interest in
the property, vacated building or structure, or the salvageable material.
Under all circumstances, the applicant, if other than the owner, shall
be jointly and severally responsible for compliance with the terms
of this section.
(2)
Application for a permit, whether initial or renewal, shall
be filed with the Village Administrator on forms provided by the Village
of Kimberly.
(a)
The application shall include:
[1]
Location and square footage of occupiable space
in building(s).
[2]
Name, address and contact information of owner
of the building(s).
[3]
Names, addresses and contact information for contractors
engaged to carry out the activity.
[4]
Plan for removal of salvageable material, including
the following details:
[a]
Project schedule and budget.
[b]
Inventory and projected quantities (by weight or
volume) of materials to be removed from the building for salvage purposes.
[c]
Proposed disposition of salvageable materials.
[d]
Dust, noise and odor control.
[e]
Hours of operation.
[f]
Fire suppression.
[g]
Traffic safety and public infrastructure protection.
[h]
Site security.
[i]
Building and grounds management and restoration.
[j]
Proposed post-salvage property ownership and use,
if known.
[5]
Plan for removal of hazardous wastes/materials.
[a]
Hazardous materials inventory, including raw materials,
waste materials, asbestos-containing materials, and (with respect
to any portion of the building, structure or salvageable material
to be altered in the course of the work) an inventory of lead-painted
surfaces and PCB-containing materials.
[b]
Hazardous materials handling, management and disposal
prior to salvaging.
[c]
Proposed environmental monitoring or remediation.
[6]
Plan for disposal of waste, including proposed
disposition.
[7]
Proof of required demolition/renovation notifications
to the appropriate state regulatory agency(ies).
(b)
The issuing body may require additional information of a specific
applicant.
(3)
A permit fee must accompany the application. Permit fees shall
be established by resolution of the Village Board of the Village of
Kimberly.
I.
Permit grant. The granting of permits shall be conducted on a two-tiered
system based on the occupiable space of the vacated building. Occupiable
space shall be calculated as one total for all buildings covered under
the permit or all buildings on a single property covered under multiple
permits.
(1)
Tier 1. Permit applications for a vacated building having occupiable space under 5,000 square feet shall be reviewed and decided upon by the Code Official pursuant to this section. In granting the permit, the Code Official shall address the following matters: the amount of the irrevocable standby letter of credit to be required of the permit holder as a condition of issuance of the permit and as a requirement of operation; the justification for drawing against and content of the presentment required to draw against the irrevocable standby letter of credit; other state or local permits as required by law, rule, or regulation that must be obtained as a condition of issuance of the permit or as a requirement of operation; reasonable special operating requirements to be required of the permit holder in addition to those listed in Subsection L herein; and such other matters or limitations as the Code Official determines is necessary to protect the public interest.
(2)
Tier 2. Permit applications for a vacated building having occupiable space over 5,000 square feet shall be reviewed by the Code Official and decided upon by the Village Board of the Village of Kimberly. The Code Official shall make a recommendation to the Village Board of the Village of Kimberly who shall consider the following matters in granting the permit: the recommendation of the Code Official; the amount of the irrevocable standby letter of credit to be required of the permit holder as a condition of issuance of the permit and as a requirement of operation; the justification for drawing against and content of the presentment required to draw against the irrevocable standby letter of credit; reasonable special operating requirements to be required of the permit holder in addition to those listed in Subsection L herein; the expertise of the applicant; the effect of the proposed operation on the surrounding neighborhood; the effect on the community of having a stripped structure remain; and such other matters germane to the decision.
(3)
The Village Board of the Village of Kimberly shall consider
the permit applications only at regular Board meetings, and only after
receiving the recommendation of the Code Official.
J.
Irrevocable standby letter of credit.
(1)
As a condition of issuance of the permit, the permit holder
shall provide to the issuing body and maintain in effect an irrevocable
standby letter of credit naming the Village of Kimberly as beneficiary,
in an amount required by the issuing body and in a form approved by
the Village of Kimberly's Attorney. The Village of Kimberly's
Attorney shall also approve the form and content of the draw order
and all necessary presentment required to compel payment by the issuer
to the Village of Kimberly of all funds subject to the irrevocable
standby letter of credit.
(2)
The irrevocable standby letter of credit shall be the guarantee
of performance by the permit holder. The irrevocable standby letter
of credit must be issued by a financial institution certified by the
state to conduct such business within the State of Wisconsin, allowing
for direct draw by the Village of Kimberly upon presentment to the
issuing bank without court action and without approval by the permit
holder, to complete work or to repair damage that was the obligation
of the permit holder. The irrevocable standby letter of credit must
contain as part of its provisions that it will be maintained constantly
in force as an obligation to the Village of Kimberly for no less than
one year after project completion as reasonably determined by the
issuing body or one year after the expiration of a permit issued under
this section to the permit holder, whichever is later.
(3)
In considering the required amount of the irrevocable standby
letter of credit, the issuing body shall consider: the expertise of
the applicant; the longevity of the applicant; the capitalization
of the applicant; the scope of the proposed project; the cost of rectifying
the possible environmental hazards that could be created; the effect
of the proposed operation on the surrounding neighborhood; the cost
of remediation of the Village of Kimberly should the Village of Kimberly
have to address any matter due to the unwillingness or inability of
the permit holder to fulfill its obligations. The issuing body may
annually, upon documented request of the permit holder, review the
pertinent facts and decide to reduce the amount of the required letter
of credit in accordance with work completed or threats mitigated.
In the extraordinary circumstance that the issuing body determines
that the requirements to obtain an irrevocable standby letter of credit
are unreasonable, the issuing body may, in the exercise of its discretion,
authorize one or more alternate forms of security in lieu of an irrevocable
standby letter of credit.
K.
Irrevocable letter of credit or alternative forms of security. Any
application for a permit to engage in the razing of buildings within
the Village of Kimberly shall be accompanied by an irrevocable letter
of credit which meets the following requirements:
(1)
In an amount no less than 120% of the estimated project cost;
(2)
Name the Village of Kimberly as a beneficiary;
(3)
Be irrevocable and unconditional;
(4)
Be conditioned for payment to the Village of Kimberly solely
upon presentation of the letter of credit and a signed draft, which
shall direct the issuing lending institution to pay the Village of
Kimberly without any explanation, affidavit or documentation;
(5)
Expire not earlier than one year after completion of the last
act by the permittee of demolition or salvage (unless the one-year
period is waived or modified by the Village Board), or after the expiration
of a permit issued under this section to the permittee, whichever
is later;
(6)
Issued by a company certified by the state to conduct such business
within Wisconsin.
L.
Permit term and assignment. A permit issued to the applicant as the
permit holder is limited to the term granted.
(1)
Initial term. The initial term of any permit issued under this
section shall be 180 consecutive calendar days from the date of issue.
(2)
Renewal term. There is no right or expectation of permit renewal.
The permit may be renewed at the discretion of the issuing body upon
application of a permit holder, filed with the Village Administrator
prior to expiration of the initial term or any renewal terms. Each
renewal may be granted for up to 60 additional consecutive calendar
days.
(3)
Assignment. No permit issued pursuant to this section is assignable
or transferable without the advance written permission of the issuing
body, which shall not be granted unless the permit holder and prospective
assignee demonstrate to the satisfaction of the issuing body that
the assignee is capable of completing the project and all required
forms of insurance and financial assurance are made effective prior
to the assignment.
M.
General operating requirements. The following general operating requirements
shall apply to the permit holder and those working for the permit
holder, subject to terms of the permit in accordance with the provisions
of this section:
(1)
The permit issued pursuant to this section shall be plainly
displayed on the premises upon which the building is located.
(2)
The building and premises shall, at all times, be maintained
in as clean, neat and sanitary of a condition as such premises will
reasonably permit.
(3)
No garbage, refuse or other waste likely or susceptible to give
off a foul odor or attract vermin shall be kept on the premises, except
for domestic garbage kept in rodent-proof covered containers which
are removed from the premises as often as necessary to provide a sanitary,
odor-free and vermin-free environment.
(4)
Work done under this permit shall be performed in accordance
with the permit and is subject to inspection by the Code Official
and other inspectors as provided in this section. Any violation of
the permit shall be deemed a violation of this section.
(5)
As a condition of the permit, a permit holder shall maintain
insurance policies during the life of the permit in the following
minimum amounts, which policies shall name the Village of Kimberly
as additional insured and provide coverage for work performed on the
property or associated with the work under the permit, and shall provide
certificates issued by the carriers as proof of all required coverages:
(b)
Pollution legal liability: $5,000,000 each loss where risk is
presented of exacerbation of existing environmental pollution or discharge
of any hazardous waste to the environment or asbestos removal, abatement,
remediation, or dumping/disposal in a federal or state-regulated facility
is required; the Village of Kimberly may require a greater or lesser
minimum amount down to and including $0 of pollution legal liability
insurance policy, depending on the circumstances of the project that
is the subject of the permit.
(c)
Workers' compensation: statutory limits.
(d)
Umbrella liability: $2,000,000 over the primary insurance coverages
listed above.
(6)
The permit holder shall also ensure that subcontractors have
appropriate insurance as determined by the issuing body. This may
include coverage under the permit holder's policy, individual
coverage, or a combination thereof. The issuing body may also require
subcontractors to obtain separate permits pursuant to this section
based on the type of proposed activities or extent or complexity of
the salvaging activities proposed.
(7)
No scrap, salvage or debris which is temporarily stored on the
premises shall be allowed to rest or protrude over any public rights-of-way
or public property, or become scattered about or blown off the premise.
(8)
No mechanized process whatsoever shall be utilized on premises
to reduce the volume of salvageable material or debris after such
salvageable material has been detached from the real property, unless
a special exception is provided by the issuing body in conjunction
with a specific permit. Such prohibited mechanized processes include,
but are not limited to, crushing and shredding.
(11)
No premises or building subject to a permit shall be allowed
to become a public nuisance or be operated in such a manner as to
adversely affect the public safety, health, or welfare.
(12)
There shall be full compliance with the Village of Kimberly
Building, Fire and Health Codes and with all other Village of Kimberly,
county, state and federal laws, rules or regulations which may be
applicable.
(13)
The permit holder shall, during the salvage process, maintain
the work site in a safe and secure condition.
(14)
The permit holder shall keep a log of all shipments to and from
the work site during the project, including the date, time, transport
company, vehicle license number, and description of type and amount
of material transported.
(15)
The permit holder must provide to the Code Official, and must
maintain current, a list of contractors doing work that is subject
to a permit issued pursuant to this section, which list of contractors
shall include proof of valid and subsisting policies of insurance
in satisfaction of the general operating requirements specified herein.
As used herein, the phrase "maintain current" means that the list
filed with the Village of Kimberly is updated by the permit holder
as necessary to comply with this section prior to each contractor
commencing work pursuant to the permit.
(16)
The permit holder shall promptly notify the Code Official of
the identity, function and insurance coverage of any new contractor,
subcontractor or other person or entity not specifically identified
in the permit that is conducting operations at the property related
to removal of salvageable material.
(17)
The permit holder shall identify, handle, manage, store, and
dispose of all wastes, lead, asbestos, waste oils, hazardous materials
and hazardous substances as provided in the approved permit plan and
as otherwise directed by the Village of Kimberly should changed conditions
require additional work or precautions to protect the public safety,
health or welfare or comply with any other applicable ordinance, law
or regulation.
(18)
The permit holder shall dispose of building debris in a licensed
landfill, except for salvaged and recycled materials.
(19)
At any time, the permit holder shall produce to the Code Official
documentation that disposition of materials occurred in compliance
with the approved permit and disposition plans.
(20)
The permit holder shall be responsible for disconnections of
utilities, including plumbing and electrical, necessary for safe conduct
of the salvaging process, and shall provide evidence that the necessary
disconnections have been accomplished.
(21)
The permit holder shall restore the site and/or vacated building
to the conditions set forth in the approved permit.
(22)
The permit holder shall comply with all orders the issuing body
imposed upon granting of the permit or at any other time.
(23)
The irrevocable standby letter of credit imposed as a condition
of issuance of the permit shall be maintained in full force and effect
at all times until one year following the issuing body's finding
of project completion.
N.
Inspections.
(1)
Permit holders and property owners shall allow authorized inspection
by representatives of any Department of the Village of Kimberly and
authorized representatives of the State of Wisconsin having enforcement
powers to inspect the premises subject to the permit, with or without
advanced notice, as often as may be required to allow said representative
to perform their duties and assure compliance with this section as
well as state and federal laws, without first obtaining a special
inspection warrant. Inspections shall be made during normal hours
of business operation, except when the presence of emergency circumstances
which require prompt action to protect the public health, safety and
welfare or to preserve evidence of noncompliance with this section
or state or federal laws.
(2)
Inspection may include inspection of the entire property subject
to the permit, including buildings, structures, basement, subbasements,
vaults, and other areas of the property.
(3)
The unreasonable failure to allow inspections shall be grounds
for denial, suspension or revocation of the permit.
(4)
Inspections may include, but are not limited to: taking wipe
samples; waste, structural or product sampling; sampling of pits;
the logging, gauging and sampling of existing wells; videotaping,
preparing site sketches; taking photographs; testing or sampling the
groundwater, soil, surface water, sediments, air, soil vapor or other
material.
O.
Immediate cessation orders.
(1)
If, in the opinion of the Code Official, the public is subject
to imminent danger due to violation of any one or combination of more
than one of the general operating requirements, the Code Official
shall issue an order to the violator or the permit holder requiring
immediate cessation of those operations giving rise to the imminent
danger. The recipient of any such order shall cause such operations
to cease as directed by the Code Official. Failure to maintain insurance
or a letter of credit as required or to permit inspection as required
are each per se violations implicating imminent danger to the public,
necessitating an order to cease all operations.
(2)
In the event that an order to the permit holder requiring immediate
cessation is issued by the Code Official, such order may be appealed
to the Village Board of the Village of Kimberly. The Village Board
of the Village of Kimberly, after hearing from the Code Official,
the permit holder, and the public, shall affirm the order, reverse
the order, or modify the order. The decision made by the Village Board
of the Village of Kimberly may be appealed to the Outagamie County
Circuit Court by either the Code Official or the permit holder in
accordance with the procedure of the Village of Kimberly.
P.
Nonrenewal, suspension or revocation hearings.
(1)
There is no right or expectation of permit renewal. The permit may be renewed at the discretion of the issuing body upon application of a permit holder as described in Subsection K.
(2)
Nonrenewal, suspension, and revocation appeal hearings shall
be held before the Village Board of the Village of Kimberly, which
shall include findings of fact, conclusions of law, and a recommendation
as to what action, if any, the Village Board of the Village of Kimberly
should take with respect to the permit. The Village Board of the Village
of Kimberly shall provide the Code Official and the permit holder
with a copy of the report. Either the Code Official or permit holder
may make an objection, orally or in writing, to the report and shall
have the opportunity to present arguments supporting the objection
to the Village Board of the Village of Kimberly. The Village Board
of the Village of Kimberly shall determine whether the arguments shall
be presented orally or in writing, or both. If the Village Board of
the Village of Kimberly, after considering the report and any arguments
presented by the Code Official and permit holder, finds the complaint
to be true, or if there is no objection to a report recommending a
suspension, revocation or nonrenewal, the permit shall be suspended,
revoked or not renewed as provided by law. If the Village Board of
the Village of Kimberly finds the complaint untrue, the proceedings
shall be dismissed without cost to the accused. The Village Administrator
shall give notice of each suspension, revocation or nonrenewal to
the party whose permit is affected.
Q.
Violations and liability.
(1)
It shall be a violation of this section to perform, conduct,
direct or allow removal of salvageable material except in conformance
with a valid permit issued pursuant to this section.
(2)
It shall be a violation of this section to disobey or act contrary
to any order issued pursuant to this section.
(3)
The owner and permit holder shall be jointly and severally liable
for any violation of this section and any violation of any condition
of permit pursuant to this section, whether caused by act or omission,
including applicable fines and penalties, together with the Kimberly's'
costs of enforcement, including attorneys' fees.
(4)
Any operator involved in the violation of this section shall
be found to have committed a separate violation for which it shall
be fully liable, including applicable fines and penalties, together
with the Village of Kimberly's costs of enforcement, including
attorneys' fees.
R.
Enforcement fines and penalties. The Village Administrator and/or the Building Inspector shall have the primary responsibility to enforce this section. Violations of this section shall be subject to the general provisions of § 207-15. Fines and penalties for violations of this section shall provide sufficient incentive to deter violators and continued violations. For the purpose of calculating fines and penalties, each day of continuing violation shall constitute a separate offense. Any violation of this section constitutes a public nuisance, and, in addition to any other remedies provided or allowed, the Village of Kimberly may apply to a court of competent and local jurisdiction for injunctive relief and the assessment of damages, including attorney's fees and costs.
S.
Reporting.
(1)
Permit holders shall provide reports to the Code Official in
accordance with the reporting requirements specified in the permit
as approved by the issuing body. These reports shall include the following:
(a)
Salvageable materials report that identifies the type, quantity
and disposition of salvageable materials removed from the property
during the reporting period and supporting documentation.
(b)
Hazardous wastes/materials report that identifies the type,
quantity and disposition of hazardous wastes/materials removed from
the site during the reporting period. This report should be accompanied
by supporting documentation of disposal, name and contact information
on haulers, and copies of any applicable permits/exemptions.
(c)
Waste report that identifies the type, quantity, and disposition
of waste materials removed from the site during the reporting period
and supporting documentation.
(d)
Any instances of environmental monitoring performed during the
reporting period and the results of same.
(2)
These reports shall also include:
(a)
Supporting documentation of removal and disposition of materials
which shall include weigh tickets, bills of lading, sales receipts,
chain of custody logs or equivalent documentation.
(b)
A statement by the permit holder that documentation supporting
compliance with this section will be maintained for two years from
submission of the reports.
(c)
A statement from the permit holder that the information in the
reports is truthful and accurate.
[Amended 3-5-2012 by Ord.
No. 3-2012]
Fees are set from time to time by the Village Board. Current
fees are on file with the Village Administrator.
A.
Violations. Any building or structure hereafter erected, enlarged, altered or repaired or any use hereafter established in violation of the provisions of this article, the Village Electrical Code, Plumbing Code and Heating, Ventilating and Air Conditioning Code (all included within the definition of "this article" for purposes of this section) 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 in § 1-4 of the Code. Any person who fails to obtain a building permit before starting construction shall be charged double the regular rate for this late filing violation. 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 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.
Noncompliance.
(1)
If an inspection reveals a noncompliance with this article 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 § Comm
20.21, 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
article shall preclude the Village of Kimberly from maintaining any
appropriate action to prevent or remove a violation of any provision
of this article or the Uniform Dwelling Code.
(4)
If any construction or work governed by the provisions of this article
or the Uniform Dwelling Code is commenced prior to the issuance of
a permit, double fees shall be charged.
C.
Appeals. Any person feeling aggrieved by an order or a determination
of the Building Inspector may appeal from such order or determination
to the Board of Appeals. Those procedures customarily used to effectuate
an appeal to the Board of Appeals shall apply.
D.
Liability of Village officials. Except as may otherwise be provided
by the statute or ordinance, no officer, agent or employee of the
Village of Kimberly charged with the enforcement of this article shall
render himself/herself 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/her duties under this article. 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/her duties
under this article shall be defended by the legal representative of
the Village until the final determination of the proceedings therein.
