[HISTORY: Adopted by the Town Board of the
Town of Manitowish Waters as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 200.
[Adopted 11-11-2004]
This article is adopted under the authority
granted by § 101.65, Wis. Stats.
The purpose of this article is to promote the
general health, safety and welfare and to maintain local uniformity
with the administrative and technical requirements of the Wisconsin
Uniform Dwelling Code (UDC).
[Amended 4-13-2010]
A.
The scope
of this article includes:
(1)
The
construction and inspection of all new one- and two-family dwellings
built since June 1, 1980.
(2)
Notwithstanding
§ Comm 20.05, the scope also includes the construction and
inspection of habitable additions to one- and two-family dwellings
built before June 1, 1980. For purposes of this article, habitable
additions are those that add year-round conditioned space either horizontally
or vertically to an existing dwelling.
B.
Because
such projects are not under state jurisdiction, petitions for variance
and final appeals under §§ Comm 20.19 and 20.21, respectively,
shall be decided by the Board of Appeals as created by Article XI
of the Manitowish Waters General Zoning Ordinance, No. 2006-1, as
amended (hereinafter "Board of Appeals").[1]
[1]
Editor's Note: The Zoning Ordinance and amendments thereto
are on file in the office of the Town Clerk/Treasurer.
The Wisconsin Uniform Dwelling Code, Chs. Comm
20 through 25, Wis. Adm. Code, and all amendments thereto, is adopted
and incorporated by reference and shall apply to all buildings within
the scope of this article.
There is hereby created the position of Building
Inspector, who shall administer and enforce this article and shall
be certified by the Division of Safety and Buildings, as specified
by § 101.66(2), Wis. Stats., in the category of Uniform
Dwelling Code Construction Inspector. In addition, the Building Inspector
or other assistant inspectors shall possess certification categories
of UDC HVAC, UDC Electrical, and UDC Plumbing. The position shall
be filled by the Town by entering into a contractual agreement with
a certified UDC inspection agency.
No person shall build, add onto or alter any
building within the scope of this article without first obtaining
a UDC permit for such work from the Building Inspector. Any structural
changes or major changes to mechanical systems that involve extensions
shall require UDC permits. Restoration or repair of an installation
to its previous code-compliant condition as determined by the Building
Inspector is exempted from permit requirements. Residential reroofing,
finishing of interior surfaces, window replacement of original size
or smaller, floor coverings and installation of cabinetry shall be
exempted from UDC permits.
UDC permit fees shall be determined by resolution
of the Town Board. The Building Inspector shall not charge any permit
applicant more than the fees established by the Town Board.
All applicants for a Town or county zoning permit
must have a valid UDC permit from the Building Inspector before any
zoning permit will be issued.
[Amended 10-9-2007 by Ord. No. 3-07; 4-13-2010]
The enforcement of this article and all laws
and ordinances relating to buildings shall be by means of withholding
of building permits, imposition of forfeitures and injunctive action.
Forfeitures shall be set forth in the Manitowish Waters general Town
Code penalties.[1]
[Added 4-13-2010]
Citations issued by the Building Inspector may be appealed by
the filing of a notice of appeal with the Board of Appeals, which
shall be filed within 30 days of issuance of the citation. Petitions
for variance shall be decided per § Comm 20.19 (Intro) so
that equivalency is maintained to the intent of the rule being petitioned.
As the Board of Appeals approves petitions for variance, the Chief
Inspector is granted the power to apply the results to similar circumstances
by precedent. In the event of an appeal:
A.
The Board
of Appeals shall hold a special meeting to act on the citation within
60 days of the filing of the notice of appeal.
B.
At the
special meeting, the Building Inspector shall be required to provide
proof of the nature of any violations listed in the citation, the
reasons for the same and any other information the Building Inspector
believes is necessary for the Board of Appeals to consider and act
on the notice of appeal.
C.
The person(s)
issued the citation shall be allowed to attend the special meeting
and, prior to the meeting, shall be allowed to review all information
to be provided to the Board of Appeals by the Building Inspector and
will further be allowed to present any additional information at the
special meeting that the Board of Appeals deems necessary to fully
consider all issues raised by the citation.
D.
The Board
of Appeals shall decide to uphold, revoke or modify the citation,
the violations cited therein, and/or the penalties assessed as the
result of the issuance of the citation.
E.
The decision
of the Board of Appeals may be appealed to the Vilas County Circuit
Court and shall be filed within 30 days of the Board of Appeals decision.
