[HISTORY: Adopted by the Village Board of
the Village of Orfordville 3-31-1992 as Title 15, Ch. 1 of the 1992 Code. Amendments noted where
applicable.]
A.
Title. This chapter shall be known as the "Building
Code of the Village of Orfordville" and will be referred to in this
chapter as "this chapter."
B.
Purpose. This chapter provides certain minimum standards,
provisions and requirements for safe and stable design, methods of
construction and uses of materials in buildings and/or structures
hereafter erected, constructed, enlarged, altered, repaired, moved,
converted to other uses or demolished and regulates the equipment,
maintenance, use and occupancy of all such buildings and/or structures.
Its purpose is to protect and foster the health, safety and well-being
of persons occupying or using such buildings and the general public.
C.
Scope. New buildings hereafter erected in, or any building hereafter moved within or into, the Village shall conform to all the requirements of this chapter except as they are herein specifically exempted from part or all of its provisions. Any alteration, enlargement or demolition of an existing building and any installation therein of electrical, gas, heating, plumbing or ventilating equipment which affects the health or safety of the users thereof or any other persons is a new building to the extent of such change. Any existing building shall be considered a new building for the purposes of this chapter whenever it is used for dwelling, commercial or industrial purposes, unless it was being used for such purpose at the time this chapter was enacted. The provisions of this chapter supplement the laws of the State of Wisconsin pertaining to construction and use and Chapter 320, Zoning, of the Code of the Village and amendments thereto to the date this chapter was adopted and in no way supersede or nullify such laws and said Chapter 320, Zoning.
A.
Permit required.
(1)
General permit requirement. No building of any kind
shall be moved within or into the Village and no new building or structure,
or any part thereof, shall hereafter be erected, or ground broken
for the same, or enlarged, altered, moved, demolished, razed or used
within the Village, except as herein provided, until a permit therefor
shall first have been obtained by the owner, or his authorized agent,
from the Building Inspector.
(2)
Alterations and repairs. The following provisions
shall apply to buildings altered or repaired:
(a)
Alterations. When any existing building or structure
accommodates a legal occupancy and use but is of a substandard type
of construction, then alterations which involve beams, girders, columns,
bearing or other walls, room arrangement, heating and air-conditioning
systems, light and ventilation, or changes in the location of exit
stairways or exits, or any or all of the above, may be made in order
to bring such existing construction into conformity with the minimum
requirements of this chapter applicable to such occupancy and use
and given type of construction, when not in conflict with any other
regulations.[1]
(b)
Repairs. Repairs for purposes of maintenance,
or replacements in any existing building or structure which do not
involve the structural portions of the building or structure or which
do not affect room arrangement, light and ventilation, access to or
efficiency of any existing stairways or exits, fire protection, or
exterior aesthetic appearance and which do not increase a given occupancy
or use, shall be deemed minor repairs.
(c)
Alterations; when not permitted. When any existing
building or structure which, for any reason whatsoever, does not conform
to the regulations of this chapter has deteriorated from any cause
whatsoever to an extent greater than 50% of the equalized value of
the building or structure, no alterations or moving of such building
or structure shall be permitted. Any such building or structure shall
be considered a menace to public safety and welfare and shall be ordered
vacated and thereafter demolished and debris removed from the premises.
(d)
Alterations and repairs required. When any of
the structural members of any building or structure have deteriorated
from any cause whatsoever to less than their required strength, the
owner of such a building or structure shall cause such structural
members to be restored to their required strength, failing in which
the building or structure shall be considered a menace to public safety
and shall be vacated and thereafter no further occupancy or use of
the same shall be permitted until the regulations of this chapter
are complied with.
(e)
Extent of deterioration. The amount and extent
of deterioration of any existing building or structure shall be determined
by the Building Inspector.
B.
Application. Application for a building permit shall
be made in writing upon a form furnished by the Building Inspector
or his designee and shall state the name and address of the owner
of the land and also the owner of the building, if different, the
legal description of the land upon which the building is to be located,
the name and address of the designer, the use to which said building
is to be put and such other information as the Building Inspector
may require.
C.
Site plan approval.
(1)
Site plan approval. All applications for building
permits for any construction, reconstruction, expansion or conversion,
except for one- and two-family residences in residentially zoned districts,
shall require site plan approval by the 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 chapter.
(2)
Administration. The Building Inspector shall make
a preliminary review of the application and plans and refer them along
with a report of his findings to the 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 chapter. Within 30 days of its receipt
of the application, the Village Board shall authorize the Building
Inspector to issue or refuse a building permit.
(3)
Requirements. In acting on any site plan, the 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; and the location, adequacy and improvement of areas for
parking and for loading and unloading and shall, in this connection,
satisfy itself that the traffic pattern generated by the proposed
construction or use shall be developed in a manner consistent with
the safety of residents and the community, and the applicant shall
so design the construction or use as to minimize any traffic hazard
created thereby.
(c)
The adequacy of the proposed water supply, drainage
facilities and sanitary and waste disposal.
(d)
The landscaping and appearance of the completed
site. The 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 and 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 continent upon
site plan approval may be appealed to the Zoning Board of Appeals
by filing a notice of appeal with the Village Clerk-Treasurer within
10 days of the denial.
D.
Dedicated street and approved subdivision required.
[Amended 8-24-2020]
(1)
Except as provided in § 121-2D(2) below, building permits shall not be issued for construction on a parcel created by any division, subdivision, or comprehensive development of land until all required improvements have been made and installed and have been accepted by the Village Engineer.
(2)
The following shall apply if, in the discretion of the Village Board,
it allows for building permits to be issued prior to the acceptance
of the subdivision improvements by the Village:
(a)
The development agreement entered pursuant to § 281-43 or any amendment of said agreement shall:
[1]
Designate each lot, or space, upon which the subdivider proposes
to construct a building;
[2]
Contain a provision whereby the subdivider agrees to indemnify
and hold the Village harmless from any and all claims, actions, demands,
or judgments for personal injuries or property damages, together with
the actual expenses incurred in connection therewith, arising out
of or in any way related to the issuance of such building permits
within the subdivision or construction arising therefrom, including
any such claim, action, demand, or judgment based upon the negligence
of the Village or any of its officers, agents, servants, or employees;
and
[3]
Be recorded in the Office of the Register of Deeds for Rock
County, Wisconsin.
(b)
The provisions of this § 121-2D(2), relating to the release of security prior to the completion of improvements, shall not apply when building permits are obtained prior to the completion, inspection and acceptance of all required improvements.
(c)
No building permit shall be issued for construction on any site
created in violation of the requirements of this Code.
(d)
The building owner shall agree in a written affidavit that occupancy
shall not occur, nor shall occupancy permits be issued, prior to the
completion, inspection, and acceptance of all required improvements.
E.
Utilities required.
(1)
Residential building. No building permit shall be
issued for the construction of any residential building until sewer,
water, grading and graveling are installed in the streets necessary
to service the property for which the permit is required and a receipt
for payment of electrical hookup is presented to the Building Inspector.
(2)
Nonresidential building. No building permit shall
be issued for the construction of any building other than residential
until contracts have been let for the installation of sewer, water,
grading and graveling in the streets necessary to service the property
for which the permit is requested.
F.
Plans. With such application, there shall be submitted
two complete sets of plans and specifications, including a plot plan
showing the location and dimensions of all buildings and improvements
on the lot, both existing and proposed, dimensions of the lot, dimensions
showing all setbacks of all buildings on the lot, proposed grade of
proposed structure (to Village datum), grade of lot and of the street
abutting the lot, grade and setback of adjacent buildings (if adjacent
lot is vacant, submit elevation of nearest buildings on same side
of street), type of monuments at each corner of lot, watercourses
or existing drainage ditches, easements or other restrictions affecting
such property, seal and signature of surveyor or a certificate signed
by the applicant and a construction erosion control plan setting forth
proposed information and procedures needed for control of soil erosion,
surface water runoff and sediment disposition at the building site.
Plans, specifications and plot plans shall be drawn to a minimum scale
of 1/4 inch to one foot (fireplace details to 3/4 inch to one foot).
One set of plans shall be returned after approval as provided in this
chapter. The second set shall be filed in the office of the Building
Inspector. Plans for buildings involving the State Building Code shall
bear the stamp of approval of the State Department of Commerce. 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 Sec. COMM 20.09(4), Wis. Adm. Code.
G.
Waiver of plans; minor repairs.
(1)
Waiver. If the Building Inspector finds that the character
of the work is sufficiently described in the application, he may waive
the filing of plans for alterations, repairs or moving, provided the
cost of such work does not exceed $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 $250, 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 shall issue a building permit which shall state the use to which
said building is to be put, which shall be kept and displayed at the
site of the proposed building. After being approved, the plans and
specifications shall not be altered in any respect which involves
any of the above-mentioned ordinances, laws or orders or which involves
the safety of the building or the occupants, except with the written
consent of the Building Inspector.
(2)
In case adequate plans are presented for part of the
building only, the Building Inspector, at his discretion, may issue
a permit for that part of the building before receiving the plans
and specifications for the entire building.
I.
Inspection of work.
(1)
The builder shall notify the Building Inspector when
ready for inspections, and the Building Inspector shall inspect within
two business days after notification all buildings at the following
states of construction:
J.
Permit lapses. A building permit shall lapse and be
void unless building operations are commenced within six months or
if construction has not been completed within one year from the date
of issuance thereof.
K.
Revocation of permits.
(1)
The Building Inspector may revoke any building, plumbing
or electrical permit, occupancy permit, or approval issued under the
regulations of this chapter and may stop construction or use of approved
new materials, equipment, methods of construction, devices or appliances
for any of the following reasons:[4]
(a)
Whenever the Building Inspector shall find at
any time that applicable ordinances, laws, orders, plans and specifications
are not being complied with and that the holder of the permit refused
to conform after written warning has been issued to him.
(b)
Whenever the continuance of any construction
becomes dangerous to life or property.
(c)
Whenever there is any violation of any condition
or provisions of the application for permit or of the permit.
(d)
Whenever, in the opinion of the Building Inspector,
there is inadequate supervision provided on the job site.
(e)
Whenever any false statement or misrepresentation
has been made in the application for permit, plans, drawings, data
specifications or certified lot or plot plan on which the issuance
of the permit or approval was based.
(f)
Whenever there is a violation of any of the
conditions of an approval or occupancy given by the Building Inspector
for the use of all new materials, equipment, methods or 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, owner of the premises and
his agent, if any, and on the person having charge of construction.[5]
(3)
A revocation placard shall also be posted upon the
building, structure, equipment or premises in question by the Building
Inspector.
(4)
After the notice is served upon the persons as aforesaid
and posted, it shall be unlawful for any person to proceed thereafter
with any construction operation whatsoever on the premises, and the
permit which has been so revoked shall be null and void, and before
any construction or operation is again resumed, a new permit, as required
by this chapter, shall be procured and fees paid therefor, and thereafter
the resumption of any construction or operation shall be in compliance
with the regulation of this chapter. However, such work as the Building
Inspector may order as a condition precedent to the reissuance of
the building permit may be performed, or such work as he may require
for the preservation of life and safety.
L.
Report of violations. Village officers shall report
at once to the Building Inspector any building which is being carried
on without a permit as required by this chapter.
M.
Display of permit. Building permits shall be displayed
in a conspicuous place on the premises where the authorized building
or work is in progress at all times during construction or work thereon.
A.
State code adopted. The Administrative Code provisions
describing and defining regulations with respect to one- and two-family
dwellings in Chs. COMM 20 through 25, Wis. Adm. Code, are hereby adopted
and by reference made a part of this chapter as if fully set forth
herein. Any act required to be performed or prohibited by an Administrative
Code provision incorporated herein by reference is required or prohibited
by this chapter. Any future amendments, revisions or modifications
of the Administrative Code provisions incorporated herein are intended
to be made part of this chapter to secure uniform statewide regulation
of one- and two-family dwellings in this Village. A copy of these
Administrative Code provisions and any future amendments shall be
kept on file in the Village Clerk-Treasurer's office.
B.
Existing buildings.
(1)
The Wisconsin Uniform Dwelling Code shall also apply
to the following buildings and conditions:
(a)
An existing building to be occupied as a one-
or two-family dwelling, which building was not previously so occupied.
(b)
An existing structure that is altered or repaired,
when the cost of such alteration or repair during the life of the
structure exceeds 50% of the equalized value of the structure, said
value to be determined by the Village Assessor
(2)
Additions and alterations, regardless of cost, made to an existing building when deemed necessary in the opinion of the Building Inspector shall comply with the requirements of this chapter for new buildings. The provisions of § 121-2 shall also apply.
(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
chapter.
(4)
Additions and alterations. Any addition or alteration,
regardless of cost, made to a building shall be made in conformity
with applicable sections of this chapter.
C.
ADDITION
ALTERATION
DEPARTMENT
DWELLING
MINOR REPAIR
ONE- OR TWO-FAMILY DWELLING
PERSON
UNIFORM DWELLING CODE
Definitions. As used in this section, the following
terms shall have the meanings indicated:
New construction performed on a dwelling which increases
the outside dimensions of the dwelling.
A substantial change or modification other than an addition
or minor repair to a dwelling or to systems involved within a dwelling.
The Department of Commerce.
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
a 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 Administrative Code provisions and any future amendments,
revisions or modifications thereto contained in the following chapters
of the Wisconsin Administrative Code: Ch. COMM 20, Administrative
and Enforcement; Ch. COMM 21, Construction Standards; Ch. COMM 22,
Energy Conservation Standards; Ch. COMM 23, Heating, Ventilating and
Air Conditioning; Ch. COMM 24, Electrical Standards; and Ch. COMM
25, Plumbing and Potable Water Standards.
D.
Method of enforcement.
(1)
Certified inspector to enforce. The Building Inspector
and his delegated representatives are hereby authorized and directed
to administer and enforce all of the provisions of the Uniform Dwelling
Code. The Building Inspector shall be certified for inspection purposes
by the Department in each of the categories specified under Sec. COMM
26.06, 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 chapter and the Uniform Dwelling Code.
(4)
Inspection powers. The Building Inspector or an authorized
certified agent may at all reasonable hours enter upon any public
or private premises for inspection purposes and may require the production
of the permit for any building, plumbing, electrical or heating work.
No person shall interfere with or refuse to permit access to any such
premises to the Building Inspector or his agent while in performance
of his duties.
(5)
Records. The Building Inspector shall perform all
administrative tasks required by the Department under the Uniform
Dwelling Code. In addition, the Inspector shall keep a record of all
applications for building permits in a book for such purpose and shall
regularly number each permit in the order of its issue. Also, a record
showing the number, description and size of all buildings erected
indicating the kind of materials used and the cost of each building
and aggregate cost of all one- and two-family dwellings shall be kept.
[Amended 3-23-2009]
A.
Portions of State Building Code adopted. Chapters
COMM 60 through 66, Wis. Adm. Code (Wisconsin State Building Code),
are hereby adopted and made a part of this chapter with respect to
those classes of buildings to which this Building Code specifically
applies. Any future amendments, revisions and modifications of said
Chs. COMM 60 to 66 incorporated herein are made a part of this Code.
A copy of said Chs. COMM 60 to 66 and amendments thereto shall be
kept on file in the office of the Building Inspector.
B.
State Plumbing Code adopted. The provisions and regulations of Ch. 145, Wis. Stats., relating to plumbing, and Wis. Adm. Code Chs. COMM 81 through 87 and COMM 25 are hereby made a part of this chapter by reference and shall extend over and govern the installation of all plumbing installed, altered or repaired in the Village. Any future amendments, revisions and modifications of said Wisconsin Statutes and Administrative Code herein are made part of this chapter.
C.
State Electrical Code adopted.
(1)
Chapter COMM 24, Wisconsin Adm. Code, is hereby adopted
by reference and made a part of this chapter and shall apply to the
construction and inspection of new one- and two-family dwellings and
additions or modifications to existing one- and two-family dwellings.
Any future amendments, revisions and modifications of said Chapter
COMM 24 are made a part of this chapter.
(2)
Chapter COMM 16, Wis. Adm. Code, is hereby adopted
by reference and made a part of this chapter. Any future amendments,
revisions and modifications of said Chapter COMM 16 are made a part
of this chapter.
D.
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.
Permit. No electrical wiring or other equipment shall
be installed without first securing a permit therefor from the Building
Inspector, except that repairs or replacement of broken or defective
sockets, switches or base receptacles may be made without a permit.
B.
Application. The application for such permit shall
be on a form furnished by the Building Inspector and shall state clearly
the work planned, alterations to be made, and equipment and materials
to be used, and all later deviations from such plan must be submitted
to and approved by the Building Inspector.
C.
Inspection of work. After roughing the wiring of any
building and before any such work is covered up, or upon completion
of any outside wiring construction work, it shall be the duty of the
person doing the work to notify the Building Inspector, who shall
inspect the same within 48 hours during the normal work week. An inspection
shall also be made when the service entrance is installed. Upon completion
of such wiring, the Inspector shall be notified and shall inspect
the finished work. If he finds that the work conforms to the State
Electrical Code, he shall issue a certificate of compliance which
shall contain the date and an outline of the result of such inspection,
a duplicate of which shall be filed by location in the office of the
Building Inspector. It shall be unlawful to use any such electrical
equipment until such certificate has been issued.
A.
Permit. No plumbing or drainage of any kind shall
be installed or altered, except that leakage or stoppage repairs may
be made, without first securing a permit therefor from the Building
Inspector.
B.
Application. The application for such permit shall
be on a form furnished by the Building Inspector and shall state clearly
the work planned, alterations to be made, and equipment and the materials
to be used. All later deviations from such plan must be submitted
to and approved by the Building Inspector.
C.
Licensed plumber required. All plumbing work shall
be done only by a plumber licensed by the State of Wisconsin, except
that a property owner may make repairs or installations in a single-family
building owned and occupied by him as his home, provided that a permit
is issued and the work is done in compliance with the provisions of
this chapter.
D.
Inspection of work. Upon completion of the plumbing
work on any premises, the person doing such work shall notify the
Building Inspector before such work is covered up, and the Building
Inspector shall, within 48 hours during the normal work week, inspect
the work. Laterals shall be inspected as far as practicable within
two hours after notice is given. If he finds that the work conforms
to the State Plumbing Code, he shall issue a certificate of compliance
which shall contain the date and an outline of the result of such
inspection, a duplicate of which shall be filed by location in the
office of the Building Inspector. No person shall use or permit to
be used any plumbing or drainage until it has been inspected and approved.
A.
All materials, methods of construction and devices
designed for use in buildings or structures covered by this chapter
and not specifically mentioned in or permitted by this chapter shall
not be so used until approved in writing by the State Department of
Commerce for use in buildings or structures covered by the Wisconsin
State Building Code, except sanitary appliances, which shall be approved
in accordance with the State Plumbing Code.
B.
Such materials, methods of construction and devices,
when approved, must be installed or used in strict compliance with
the manufacturer's specifications and any rules or conditions of use
established by the State Department of Commerce. The data, tests and
other evidence necessary to prove the merits of such material, method
of construction or device shall be determined by the State Department
of Commerce.
Whenever the Building Inspector and Village
Board find any building or part thereof within the Village to be,
in their judgment, so old, dilapidated or out of repair as to be dangerous,
unsafe, unsanitary or otherwise unfit for human occupancy or use and
so that it would be unreasonable to repair the same, they shall order
the owner to raze and remove such building or part thereof or, if
it can be made safe by repairs, to repair and make safe and sanitary,
or to raze and remove at the owner's option. Such order and proceedings
shall be as provided in § 66.0413, Wis. Stats.
The purpose of the inspections under this chapter
is to improve the quality of housing in the Village. The inspections
and the reports and findings issued after the inspections are not
intended as, nor are they to be construed as, a guarantee. In order
to so advise owners and other interested persons, the following disclaimer
shall be applicable to all inspections under this chapter: "These
findings of inspection contained herein are intended to report conditions
of noncompliance with code standards that are readily apparent at
the time of inspection. The inspection does not involve a detailed
examination of the mechanical systems or the closed structural and
nonstructural elements of the building and premises. No warranty of
the operation, use or durability of equipment and materials not specifically
cited herein is expressed or implied."
A.
Definition. A utility and/or storage building is accessory
or subordinate to the principal or main building on a parcel or lot,
which is used, designated or intended for the protection, shelter
and enclosure of property.
B.
Construction specifications. No person shall erect,
construct, place, locate, add to, enlarge, improve, structurally alter
or convert a utility or storage building upon a lot or parcel within
the Village of Orfordville without having fully complied with the
following specifications:
(1)
A building permit is required regardless of cost.
(2)
The building or structure must be anchored in any
one of the following ways:
(a)
A three-inch cement slab to be poured with anchor
bolts to hold the building in place.
(b)
Cement footings, eight inches by 16 inches,
to be poured with anchor bolts to hold the building in place.
(c)
Corner posts to be imbedded in cement eight
inches by eight inches by 16 inches and fastened to corners of buildings
to hold the building in place.
(3)
The framing for support and strength of the utility
building shall be sufficient to render the building suitable for use
for storage purposes in the discretion of the Building Inspector.
A.
No building within the Village of Orfordville shall
be razed without a permit from the Building Inspector. A snow fence
or other approved barricade shall be provided as soon as any portion
of the building is removed and shall remain during razing operations.
After all razing operations have been completed, the foundation shall
be filled at least one foot above the adjacent grade, the property
raked clean, and all debris hauled away. Razing permits shall lapse
and be void unless the work authorized thereby is commenced within
six months from the date thereof or completed within 30 days from
the date of commencement of said work. Any unfinished portion of work
remaining beyond the required 30 days must have special approval from
the Building Inspector.
B.
All debris must be hauled away at the end of each
day for the work that was done on that day. Combustible material shall
not be used for backfill but shall be hauled away. There shall not
be any burning of materials on the site of the razed building. If
any razing or removal operation under this section results in, or
would likely result in, an excessive amount of dust particles in the
air creating a nuisance in the vicinity thereof, the permittee shall
take all necessary steps, by use of water spraying or other appropriate
means, to eliminate such nuisance. The permittee shall take all necessary
steps, prior to the razing of a building, through the employment of
a qualified person in the field of pest control or by other appropriate
means, to treat the building as to prevent the spread and migration
of rodents and insects therefrom during and after the razing operations.
A.
Basement subflooring. First floor subflooring shall
be completed within 60 days after the basement is excavated.
B.
Fencing of excavations. The owner of any premises
on which there exists an opening or excavation which is located in
close proximity to a public sidewalk or street right-of-way as to
constitute a hazard to pedestrian or vehicular traffic shall erect
a fence, wall or railing at least four feet high between such opening
or excavation and the public right-of-way.
C.
Closing of abandoned excavations. Any excavation for
building purposes or any uncovered foundation which shall remain open
for more than three months shall be deemed abandoned and a nuisance,
and the Building Inspector shall order that unless the erection of
the building or structure on the excavation or foundation shall commence
or continue forthwith, suitable safeguards shall be provided to prevent
accidental injury to children or other frequenters or that the excavation
or foundation be filled to grade. Such order shall be served upon
the owner of record or the owner's agent, where an agent is in charge
of the premises, and upon the holder of an encumbrance of record in
the manner provided for service of a summons in the Circuit Court.
If the owner or the holder of an encumbrance of record cannot be found,
the order may be served by posting it on the premises and publication
in a newspaper of general circulation in the Village for two consecutive
publications at least 10 days before the time for compliance stated
in the order commences to run. Such time shall be not less than 14
nor more than 20 days after service. If the owner of the land fails
to comply with the order within the time required, the Building Inspector
shall cause the excavation or foundation to be filled to grade. The
cost of such abatement shall be charged against the real estate and
entered on the next succeeding tax roll as a special charge and shall
bear interest at a rate established by the Village Board from the
date of the report by the Building Inspector on the cost thereof,
pursuant to the provisions of § 66.0627, Wis. Stats.
A.
Discharge. No person shall cause, allow or permit
any roof drain, surface drain, subsoil drain, drain from any mechanical
device, gutter, ditch, pipe, conduit, sump pump or any other object
or thing used for the purposes of collecting, conducting, transporting,
diverting, draining or discharging clear water from any part of any
private premises owned or occupied by said person to discharge into
a sanitary sewer.
B.
Nuisance. The discharge into a sanitary sewer from
any roof drain, surface drain, subsoil drain, drain from any mechanical
device, gutter, ditch, pipe, conduit, sump pump or any other object
or thing used for the purposes of collecting, conducting, transporting,
diverting, draining or discharging clear water from any part of any
private premises is hereby declared to be a public nuisance and a
hazard to the health, safety and well-being of the residents of the
Village and to the protection of the property.
C.
Groundwater. Where deemed necessary by the Building
Inspector, every house shall have a sump pump installed for the purpose
of discharging clear waters from foundation drains and ground infiltration
and, where the building is not serviced by a storm sewer, shall either
discharge into an underground conduit leading to a drainage ditch,
gutter, or dry well or shall discharge onto the ground surface in
such other manner as will not constitute a nuisance as defined herein.
D.
Stormwater. All roof drains, surface drains, drains
from any mechanical device, gutters, pipe, conduits or any other objects
or things used for the purpose of collecting, conducting, transporting,
diverting, draining or discharging stormwaters shall be discharged
either to a storm sewer, a dry well, an underground conduit leading
to a drainage ditch or onto the ground surface in such other manner
as will not constitute a nuisance as defined herein.
E.
Storm sewer lateral. Where municipal storm sewers
are provided and it is deemed necessary by the property owner and/or
the Village to discharge clear waters from a parcel of land, a storm
sewer lateral shall be installed and connected to the storm sewer
main at the expense of the owner.
F.
Conducting tests. If the Building Inspector or his
designated agent suspects an illegal clear water discharge as defined
by this chapter or by any other applicable provision of the Wisconsin
Administrative Code as it may, from time to time, be amended, he may,
upon reasonable notice and at reasonable times, enter the private
premises where such illegal clear water discharge is suspected and
conduct appropriate tests to determine whether such suspected illegal
clear water discharge actually exists.
Each unit of a duplex shall have a separate
water and sewer services.
A.
General requirements.
(1)
No person shall move any building or structure upon
any of the public ways of the Village without first obtaining a permit
therefor from the Village Clerk-Treasurer and upon the payment of
the required fee. Every such permit issued by the Village Clerk-Treasurer
for the moving of a building shall designate the route to be taken
and the conditions to be complied with and shall limit the time during
which said moving operations shall be continued. [1]
(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 Clerk-Treasurer prior to issuance of the moving
permit.
(3)
Issuance of a moving permit shall further be conditioned
on approval of the moving route by the Village Board.
B.
Continuous movement. The movement of buildings shall
be a continuous operation during all the hours of the day and at night,
until such movement is fully completed. All such operations shall
be performed with the least possible obstruction to thoroughfares.
No building shall be allowed to remain overnight upon any street crossing
or intersection or so near thereto as to prevent easy access to any
fire hydrant or any other public facility. Lights shall be kept in
conspicuous places at each end of the building during the night.
C.
Street repair. Every person receiving a permit to
move a building shall, within one day after said building reaches
its destination, report that fact to the Public Works Department,
which shall inspect the streets, highways and curbs and gutters over
which said building has been moved and ascertain their condition.
If the removal of said building has caused any damage to any street
or highway, the person to whom the permit was issued shall forthwith
place it in as good repair as it was before the permit was granted.
On the failure of said permittee to do so within 10 days thereafter
to the satisfaction of the Village Board, the Village shall repair
the damage done to such streets and hold the person obtaining such
permit and the sureties on his bond responsible for the payment of
the same.[2]
D.
Conformance with code. No permit shall be issued to
move a building within or into the Village and to establish it upon
a location within said Village until the Building Inspector has made
an investigation of such building at the location from which it is
to be moved and is satisfied from such investigation that said building
is in a sound and stable condition and of such construction that it
will meet the requirements of this Building Code in all respects.
A complete plan of all further repairs, improvements and remodeling
with reference to such building shall be submitted to the Building
Inspector, and he shall make a finding of fact to the effect that
all such repairs, improvements and remodeling are in conformity with
the requirements of this Building Code and that, when the same are
completed, the building as such will so comply with said Building
Code. In the event a building is to be moved from the Village to some
point outside the boundaries thereof, the provisions with respect
to the furnishing of plans and specifications for proposed alterations
to such building may be disregarded.
E.
Bond.
(1)
Before a permit is issued to move any building over
any public way in the Village, the party applying therefor shall give
a bond to the Village of Orfordville in a sum to be fixed by the Building
Inspector and which shall not be less than $1,000, said bond to be
executed by a corporate surety or two personal sureties to be approved
by the Village Board or designated agent conditioned upon, among other
things, the indemnification to the Village for any costs or expenses
incurred by it in connection with any claims for damages to any persons
or property and the payment of any judgment, together with the costs
and expenses incurred by the Village in connection therewith arising
out of the removal of the building for which the permit is issued.
(2)
Unless the Building Inspector, upon investigation, shall find it to be a fact that the excavation exposed by the removal of such building from its foundation shall not be so close to a public thoroughfare as to permit the accidental falling therein of travelers or the location, nature and physical characteristics of the premises and the exposed excavation such as to make intrusion upon the premises and the falling into such excavation of children under 12 years of age unlikely, the bond required by Subsection E(1) shall be further conditioned upon the permittee erecting adequate barriers and, within 48 hours, filling in such excavation or adopting and employing such other means, devices or methods approved by the Building Inspector and reasonably adopted or calculated to prevent the occurrences set forth herein.
F.
Insurance. The Building Inspector shall require, in
addition to said bond above indicated, public liability insurance
covering injury to one person in the sum of not less than $100,000
and for one accident in a sum not less than $200,000, together with
property damage insurance in a sum not less than $50,000, or such
other coverage as deemed necessary.
The Village Board of the Village of Orfordville
shall by resolution establish fees for building permits from time
to time. A schedule of such fees shall be on file with and available
in the office of the Village Clerk-Treasurer.
If any section, clause, provision or portion
of this chapter, or of the Wisconsin Administrative Code adopted by
reference, is adjudged unconstitutional or invalid by a court of competent
jurisdiction, the remaining provisions shall not be affected.
A.
Any building or structure hereafter erected, enlarged, altered or repaired or any use hereafter established in violation of the provisions of this chapter shall be deemed an unlawful building, structure or use. The Building Inspector shall promptly report all such violations to the Village Board and Village Attorney, who shall bring an action to enjoin the erection, enlargement, alteration, repair or moving of such building or structure or the establishment of such use of buildings in violation of this chapter or to cause such building, structure or use to be removed. Violations may also be subject to a penalty as provided in Chapter 1, General Provisions, § 1-5. In any such action, the fact that a permit was issued shall not constitute a defense, nor shall any error, oversight or dereliction of duty on the part of the Building Inspector or other Village officials constitute a defense. Compliance with the provisions of this chapter may also be enforced by injunctional order at the suit of the owner or owners of any real estate within the jurisdiction of this chapter.
B.
Notice of violation.
(1)
If an inspection reveals a noncompliance with this
chapter or the Uniform Dwelling Code, the Building Inspector shall
notify the applicant and the owner, in writing, of the violation to
be corrected. All cited violations shall be corrected within 30 days
after written notification unless an extension of time is granted
pursuant to Sec. COMM 20.10(1)(c), Wis. Adm. Code.
(2)
If, after written notification, the violation is not
corrected within 30 days, a stop-work order may be served on the owner
or his or her representative and a copy thereof shall be posted at
the construction site. Such stop-work order shall not be removed except
by written notice of the Building Inspector after satisfactory evidence
has been supplied that the cited violation has been corrected.
(3)
Each day each violation continues after the thirty-day
written notice period has run shall constitute a separate offense.
Nothing in this chapter shall preclude the Village from maintaining
any appropriate action to prevent or remove a violation of any provision
of this chapter or the Uniform Dwelling Code.
(4)
If any construction or work governed by the provisions
of this chapter or the Uniform Dwelling Code is commenced prior to
the issuance of a permit, double fees shall be charged.
Any person feeling aggrieved by an order or
a determination of the Building Inspector may appeal from such order
or determination to the Zoning Board of Appeals. Those procedures
customarily used to effectuate an appeal to the Zoning Board of Appeals
shall apply.
Except as may otherwise be provided by the statute
or ordinance, no officer, agent or employee of the Village of Orfordville
charged with the enforcement of this chapter shall render himself
personally liable for any damage that may accrue to persons or property
as a result of any act required or permitted in the discharge of his
duties under this chapter. Any suit brought against any officer, agent
or employee of the Village as a result of any act required or permitted
in the discharge of his duties under this chapter shall be defended
by the legal representative of the Village until the final determination
of the proceedings therein.