[HISTORY: Adopted by the Common Council of the City of Oconto Falls
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Numbering of buildings — See Ch. 198.
Driveways — See Ch. 214.
Excavations — See Ch. 233.
Fences and hedges — See Ch. 244.
Fire prevention — See Ch. 250.
Floodplain zoning — See Ch. 260.
Housing standards and property maintenance — See Ch. 278.
Rental property — See Ch. 382.
Utilities — See Ch. 455.
Zoning — See Ch. 480.
[Adopted 8-11-1987 (Ch. 10E)]
A.
Chapter Comm 22 of the Uniform Dwelling Code, Wisconsin
Administrative Code, as adopted and effective December 1, 1978, and Chapters
Comm 20, 21, 23, 24 and 25 of the Uniform Dwelling Code, Wisconsin Administrative
Code, as adopted and effective June 1, 1980, and all amendments thereto, are
adopted and incorporated in this section by reference.
B.
The Building Inspector, as certified by the Department
of Commerce, is hereby authorized and directed to administer and enforce all
of the provisions of the Wisconsin Uniform Dwelling Code.
C.
Any existing ordinances pertaining to the construction
of new dwellings that conflict with the Uniform Dwelling Code are hereby repealed.
No person shall build or cause to be built any one- or two-family dwelling
without first obtaining a state uniform building permit for such dwelling.
Such building permit shall be furnished by the City. A copy of such permit
issued shall be filed with the City Building Inspector.
The building permit fee shall be determined by the Common Council.
The Council shall provide for the enforcement of this article and all
other laws and ordinances relating to building by means of the withholding
of building permits, imposition of forfeitures and injunctive action [according
to § 62.23(9), Wis. Stats.].
[Adopted 6-8-1999 by Ord. No. 99-008
(Ch. 132)]
A.
Title. This article, along with Chapter 278, Article I, Minimum Housing Standards, and Article II, Commercial Property, Chapter 455, Article VI, Cross-Connection Control and Backflow Prevention, and Chapter 260, Floodplain Zoning, shall be known as the "City of Oconto Falls Building Code" and will be referred to in this article and following chapters as "this code" or "this article."
B.
Purpose. This article, along with Chapter 278, Articles I and II, Chapter 455, Article VI, and Chapter 260, 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. The provisions of this article, along with Chapter 278, Articles I and II, Chapter 455, Article VI, and Chapter 260, shall govern the design, construction, alteration, erection, installation, addition, demolition, moving and repair of all buildings and structures, including building components and systems, except as they are specifically exempted from part or all of its provisions. Any alteration, enlargement or demolition of an existing building and any part 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 and Chapter 278, Articles I and II, Chapter 455, Article VI, and Chapter 260 whenever it is used for dwelling, commercial or industrial purposes, unless it was being used for such purposes at the time this article was enacted.
D.
Zoning. The provisions of this article and Chapter 278, Articles I and II, Chapter 455, Article VI, and Chapter 260 supplement the laws of the State of Wisconsin pertaining to construction and use and Chapter 480, Zoning, of the City Code and amendments thereto to the date this article was adopted and in no way supersede or nullify such laws and Chapter 480, Zoning.
For the purposes of those chapters of the Oconto Falls Code known as
the "City of Oconto Falls Building Code," the following words and phrases
shall have the meanings assigned to them in this section. Words and phrases
not herein defined shall have the meanings as indicated in the various sections
which are adopted into the City of Oconto Falls Building Code. Any other words
and phrases shall have the meanings given to them by common usage. The word
"shall" is mandatory.
Any detached building or structure, not used as a dwelling unit,
but whose use is incidental to that of the main building and which is located
on the same property or lot.
Any building or structure attached directly to the principal building,
or attached by means of an enclosed or open breezeway, porch, terrace or vestibule,
or so constructed as to form an integral part of the principal building.
Any structure built for the support, shelter or enclosure of persons,
animals, chattels or property of any kind.
Any subsystem, subassembly or other system designed for use in or
as part of a structure which may include structural, electrical, mechanical,
plumbing and fire protection systems and other systems affecting health and
safety.
Plans, specifications and documentation for a system of manufactured
buildings or for a type or a system of building components, which may include
structural, electrical, mechanical, plumbing and variations which are submitted
as part of the building system.
Any building or structure which is not physically connected to the
principal building in any manner.
A building which is designed or used, or which is intended to be
used, as a residence or place of abode.
As specifically regulated by the City of Oconto Falls Building Code,
includes heating, cooling, air-conditioning and ventilating systems; plumbing
and sanitary systems; electric light and power systems; telephone, electronic,
radio signaling and annunciator systems; dry-cleaning, standpipes, fire extinguishers
and fire protection apparatus; pumps, oil burners, stokers, and conveyors;
refrigeration systems; devices, machinery and apparatus of every description;
furnaces, boilers, high- or low-pressure steam systems; gasoline pumps; all
movable or portable containers of every description; all air pressure or other
tanks; and all other self-contained systems used in conjunction with buildings
or structures.
The purpose for which a building, structure, equipment, materials,
or premises, or part thereof, is used or intended to be used as regulated
by this article.
A single main building or structure on a lot for specific uses or
occupancies.
A building, or portion of a building, in which only motor vehicles
used by the tenants of the building or buildings on the premises are stored
or kept.
As specifically regulated by this article, anything which is constructed,
erected and framed of component parts and which is fastened, anchored or rests
on a permanent foundation, or on the ground for any occupancy or use whatsoever,
excluding fencing.
The same as "occupancy."
A.
Building Inspector. There is created within the government
of the City of Oconto Falls the office of Building Inspector who shall enforce
all City ordinances, Wisconsin Statutes and Wisconsin Administrative Code,
and lawful orders relating to the construction, alteration, repair, removal,
location, occupancy, safety and use of buildings and permanent building equipment.
The Building Inspector shall obtain all certifications required by the State
of Wisconsin for the carrying out of the duties of the office.
B.
Records. The Building Inspector shall keep a record of
all applications for building permits, all inspections made, all removals
and condemnations of buildings, all complaints received and the resolution
thereof, and a record of all fees showing the dates of their receipt and delivery
to the City Administrator - Clerk/Treasurer; regularly number each permit
in the order of its issue; and make monthly and annual reports to the Council
on the above matters. The records of the Building Inspector shall be kept
at the Municipal Building.
C.
Powers.
(1)
Inspection. The Building Inspector is empowered, at all
reasonable times, for any proper purpose, to enter upon any public or private
premises and make inspections thereof and may require the permit for any building,
electrical, heating, or plumbing work to be produced for inspection.
D.
Relief from personal responsibility. The Building Inspector
or municipal employee charged with the enforcement of this code shall not
be personally liable while acting for the municipality and is hereby relieved
from all personal liability for any damage that may accrue to persons or property
as the result of any act required or permitted in the discharge of his official
duty.
E.
Permits required.
(1)
General permit requirement. No building of any kind shall
be moved within or into the City of Oconto Falls 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 City,
except as herein provided, until a permit therefor shall first have been obtained
by the owner, or his authorized agent, from the Building Inspector.
(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 the structural members of floors, beams, girders,
columns, bearing or other walls, room arrangement, heating or air-conditioning
systems, electrical systems, plumbing systems, light and ventilation systems,
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 code 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)
When alterations are not permitted. When any existing
building or structure, for any reason whatsoever, has deteriorated from any
cause whatsoever to an extent greater than 50% of the equalized value of the
building or structure, as determined by the Assessor, 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 within
30 days of notice thereof.
(d)
Alterations and repairs required. When any building or
structure or building component thereof, whether existing or being constructed,
has deteriorated from any cause whatsoever to less than its designed or safe
performance level, the owner of such building or structure shall commence
within 48 hours to cause such building or structure, or building component
thereof, to be restored to its designed or safe performance level. Failure
to restore shall cause the building or structure or building component thereof
to be considered a menace to public safety and welfare and it shall be ordered
vacated and disconnected from utilities and thereafter no further occupancy
or use shall be permitted. If the orders of the Building Inspector are not
complied with after due notice and within 30 days, the Building Inspector
shall proceed as required by this article to have such building or structure
demolished.
(e)
Use of unsanitary building. No person shall occupy or
use, or permit to be occupied or used, any building or structure that is unsanitary,
dilapidated, deteriorated or out of repair, thereby being unfit for human
habitation, occupancy or use, until the regulations of this article are complied
with.
(f)
Extent of deterioration. The amount and extent of deterioration
of any existing building or structure shall be determined by the Building
Inspector.
(2)
Application. An application for a building permit shall
be filed with the Building Inspector on a blank form to be furnished for that
purpose. Such application shall describe the land upon which the proposed
building or work is to be done by a description which will readily identify
and definitely locate the proposed building or work and shall show the use
or occupancy of all parts of the building and shall include such other pertinent
information as may be required by the Building Inspector.
(a)
Site plan. Each application for a permit for new construction
or additions to an existing structure shall be accompanied by a site plan
showing the actual dimensions of the lot to be built upon, the size and location
of the building or buildings to be erected and the proper relationship of
the buildings to the property lines and existing and proposed streets.
(3)
Issuance of permit.
(a)
If the Building Inspector finds that the proposed work
will comply in every respect with the Building Code, other City ordinances,
laws of the State of Wisconsin and lawful orders issued pursuant thereto,
a permit will be issued. After receiving a permit, the plans and specifications
shall not be altered in any respect which involves any of the above-mentioned
ordinances, laws or orders or the safety of the project, except with the written
consent of the Building Inspector filed with the application.
(b)
In appropriate cases, the Building Inspector may issue
a permit for part of a project prior to receiving plans for the entire project.
No person shall commence work on any building or structure, or part thereof,
before the proper permits are issued. The issuance of a permit upon the plans
and specifications shall not prevent the Building Inspector from thereafter
requiring the correction of any errors in such plans and specifications or
from preventing building operations being carried on thereunder when in violation
of any ordinance, law or lawful order.
(4)
Display of building permit. Owners shall place the building
permit in a prominent place on the premises, visible from a public street,
so that the Building Inspector can make the appropriate notations on the permit
after his inspections.
F.
Permit requirements. A permit shall be obtained by the
owner or his agent from the Building Inspector for any of the following:
(1)
Structure. All additions, alterations, or new construction
of any building or structure, except minor repairs, and all demolition or
moving of any building, or portion thereof, into, within, or out of the City.
(2)
Electrical. All additions, alterations, or new installations
of electrical wiring, equipment or devices, except that no permit shall be
required for the repair or replacement of defective fittings, fixtures, receptacles,
sockets or switches.
(3)
Mechanical.
(a)
All new installations of any boiler, furnace, incinerator, or
wood-cooled, water-cooled or mechanically cooled air-conditioning or refrigeration
system;
(b)
Any chimney, distribution system, fuel supply system, storage
tank, ventilation system, or any other equipment pertaining to the use of
flammable gases, liquids or solids; and
(c)
All additions, alterations or modifications to any of the above
which involve more than 50% of the mechanical system, as determined by the
Building Inspector.
(4)
Plumbing. All new installations and all additions to
an existing system and all alterations or modifications involving more than
50% of an existing system as determined by the Plumbing Inspector. All connections
to public sewer or water mains require a utility connection permit.
(5)
Sign/canopy. For the erection of any sign and for the
installation of any sign or canopy which projects over any sidewalk, street
or public thoroughfare or is provided with electricity. Such permit shall
include any electrical work.
(6)
Other. Such other permits as may be required by the Common
Council.
G.
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 subdivision and/or
certified survey is approved by the City.
H.
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 and a receipt for utility hookups is presented
to the Building Inspector.
(2)
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 certificate of occupancy shall not be issued
until such utilities are available to service the property.
I.
Plans.
(1)
Plan details. With applications for new detached structures
or additions, there shall be submitted two complete sets of plans and specifications,
including:
(a)
A plot plan showing the location and dimensions of all
buildings and improvements on the lot, both existing and proposed;
(b)
Dimensions of the lot;
(c)
Dimensions showing all setbacks of all buildings on the
lot;
(d)
Grade of proposed structure (to City datum);
(e)
Grade of the lot and of the street abutting the lot;
(f)
Grade and setback of adjacent buildings (if an adjacent
lot is vacant, submit the elevation of the nearest buildings on the same side
of the street);
(g)
Type of monuments at each comer of the lot;
(h)
Watercourses or existing drainage ditches;
(i)
Easements or other restrictions affecting such property;
(j)
The signature of the applicant; and
(k)
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 (if considered necessary
by the Building Inspector due to the nature of the project).
(2)
Plan specifications. Plans, specifications and plot plans
shall be drawn to a minimum scale of 1/4 inch to one foot. One set of plans
shall be returned after approval as provided in this article. The second set
shall be filed with the Building Inspector. Plans for buildings involving
the State Building Code shall bear the stamp of approval of the Wisconsin
Department of Commerce. One plan shall be submitted which shall remain on
file with the Building Inspector. All plans and specifications shall be signed
by the designer.
(3)
Waiver of plans; minor repairs.
(a)
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 that the cost
of such work does not exceed $7,500.
(b)
Minor repairs. Repairs for the purposes of maintenance
or replacements in an existing building or structure, or building component,
which do not involve structural integrity, light and ventilation, room arrangement,
access to or efficiency of exit stairways or exits, fire protection or the
electrical system and which do not increase a given occupancy and use shall
be deemed minor repairs. The Building Inspector may authorize minor repairs
or maintenance work which is valued, as determined by the Building Inspector,
at less than $1,000 without issuance of a building permit.
(4)
Partial approval of plans. 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.
(5)
Report of violations. Police officers shall report at
once to the Mayor and Building Inspector any building which is being carried
on without a permit as required by this article.
(6)
Permit proof card. A permit proof card signed by the
Building Inspector indicating the permits issued shall be posted in a conspicuous
place at the work site during construction operations.
A.
Notification. The permit holder shall notify the Building
Inspector when ready for the following inspections:
(1)
Inspection of footings and foundation walls for conformance
with plans and specifications. Underground plumbing may be inspected at this
time, if ready.
(2)
Inspection of rough-ins, including framing, energy, electrical,
mechanical and plumbing, as they are ready and prior to being concealed.
(3)
Inspection prior to pouring concrete floors for subgrade,
drain tile, forms and underfloor building components.
(4)
Inspection upon completion of project and prior to occupancy
or use.
B.
Coordinated inspections. All provisions of the laws and
regulations of this City and of legally adopted rules of local health and
fire officials in respect to the operation, equipment, housekeeping, fire
protection, handling and storage of flammable materials, liquids and gases,
and the maintenance of safe and sanitary conditions of use of occupancy in
all buildings shall be strictly enforced by the administrative officials to
whom such authority is delegated. Whenever an inspection by any authorized
enforcement officer discloses a violation of this article or of any other
rules, regulations or law, he shall immediately notify the administrative
officer having jurisdiction of the violation.
C.
Inspection warrants. If an inspector is denied access
to inspect a property, he may request the City Attorney to seek an inspection
warrant pursuant to § 66.0119, Wis. Stats.
[Amended 8-14-2001 by Ord. No. 01-007]
The purpose of the inspections under this article is to improve the
quality of buildings and structures in the City of Oconto Falls. 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: "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.
Inspections. A final inspection of all new buildings,
additions, and alterations shall be made by the Building Inspector. If no
violations of this article or any other law or ordinance are found, a certificate
of occupancy shall be issued, stating the purpose for which the building is
being used. No building or portion thereof shall be occupied until such certificate
is issued, nor shall any building be occupied in any manner which conflicts
with the conditions set forth in the certificate of occupancy.
B.
Use discontinued.
(1)
Whenever any building or portion thereof is being used
or occupied contrary to the provisions of this article, the Building Inspector
shall order such use or occupancy discontinued and the building or portion
thereof vacated by notice served on any person using or causing such use or
occupancy to be continued, and such person shall vacate such building or portion
thereof within 10 days after receipt of the notice or make the building or
portion thereof comply with the requirements of this article.
(2)
Any building, structure, or premises, or any part thereof,
hereafter vacated or damaged by any cause whatsoever so as to jeopardize public
safety or health shall not hereafter be occupied or used under an existing
certificate of occupancy or without the same until an application has been
filed and a new certificate of occupancy issued.
C.
Change. It shall be unlawful to change the use of any
building, structure, premises, or part thereof without first obtaining from
the Building Inspector an approval of such change in the occupancy or use
and a certificate of occupancy therefor.
D.
Hardship. The Building Inspector may permit the occupancy
of any building or structure prior to issuance of the certificate of occupancy
in cases of hardship as, in his judgment, warrant occupancy and where the
premises are determined to be safe and sanitary. The Building Inspector shall
determine the time within which such building can be completed, but not greater
than 60 days.
A.
Lapse of permit. All permits shall lapse unless operations
are commenced within six months of issuance or if the work authorized by such
permit is suspended at any time after work has commenced for a period of 60
days, unless extended by the Building Inspector. In any case, all work shall
be completed within 18 months from the date of issuance of such permit, except
that exterior covering work shall be completed within six months of the date
of permit issuance. Before any work is commenced or recommenced after lapse
of a permit, a new permit shall be issued and the required fees paid therefor.
B.
Revocation of permit. The Building Inspector may revoke
any permit, certificate of occupancy 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:
(1)
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 or construction has been issued to him.
(2)
Whenever the continuance of any construction becomes
dangerous to life or property.
(3)
Whenever there is any violation of any condition or provisions
of the application for permit or of the permit.
(4)
Whenever, in the opinion of the Building Inspector, there
is inadequate supervision provided on the job site.
(5)
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.
(6)
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 of construction, devices or appliances.
C.
Notice.
(1)
The notice revoking a permit, certificate of occupancy
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.
(2)
A revocation placard shall also be posted upon the building,
structure, equipment or premises in question by the Building Inspector.
D.
Construction suspended. 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 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.
A.
Purpose. In order to prevent the development of hazardous
conditions presenting a threat to the well-being of occupants of rental residential
buildings and to other persons, and to prevent the deterioration of buildings
and appurtenances related thereto resulting in substantial depreciation in
the property values of the neighborhood, and in order to protect and secure
the health, safety, and welfare of those living in the City, it is necessary
that buildings and appurtenances related thereto in the City be kept in a
reasonable state of repair.
B.
Certificates of compliance required.
(1)
Except as otherwise provided herein, whenever there is
a proposed change of ownership of any rental structure requiring a certificate
of occupancy, such as a dwelling or multifamily building, and any appurtenance
related to any of the foregoing structures, such change of ownership shall
not be made unless a certificate of compliance has been issued by the City,
dated not earlier then one year prior to the change of ownership.[2]
(2)
Change in ownership or accepting change of ownership
of a rental residential property without such certificate of compliance is
a violation of this article, subjecting the person, firm or corporation so
changing ownership or accepting change of ownership to the penalties hereinafter
set forth in this article.
(3)
In order not to delay or impede a pending change of ownership
(sale), the City may issue a temporary certificate of compliance if the code
violations existing at the time of the change of ownership (sale), in the
opinion and judgment of appropriate City officials, are not an immediate and
imminent threat to the health or safety of the owners, the tenants or the
occupants of the property in question.
(4)
Under such circumstances, the former owner (seller) and
the new owner (buyer) shall be jointly and severally liable and responsible
for correcting all code violations existing at the time the change of ownership
occurs, said corrections to take place within the time established by the
City. Failure to correct such code violations shall subject said owners to
the penalties aforementioned.
C.
Requirements.
(1)
A certificate of compliance shall be issued by the City
after an inspection of the premises discloses that the premises are in compliance
with the City Building Code, Housing Code, Plumbing Code, and Electrical Code.
(2)
Compliance with the provisions of said codes shall be
met if the provisions of the respective codes in effect at the time of the
inspection are met or if the provisions of the codes in effect at the time
the permit was issued for the particular construction or installation were
met.
(3)
In a situation where there is compliance with the applicable
code in effect at the time a permit was issued but there is noncompliance
with the current code and, in the opinion of the appropriate City official,
the situation presents a hazardous condition endangering health or safety,
the Building Inspector, or his designee, shall issue a noncompliance notice
setting forth the hazardous condition.
D.
Noncompliance. If an inspection by the City discloses
noncompliance with any of the City codes referred to herein, the City shall
issue a noncompliance notice setting forth the areas of noncompliance and
stating that the rental premises shall be brought into compliance within one
year or a reasonable timer thereafter. When a subsequent inspection discloses
compliance, a certificate of compliance shall be issued. If there is continual
noncompliance after the time limit established by the City, no new occupancies
shall be permitted. Entry into occupancy after the compliance period established
by the City has elapsed without such certificate of compliance having been
issued is a violation of the City Code, subjecting the person, firm or corporation
so entering into occupancy or the owner of the premises permitting such occupancy
to the penalties set forth in this article.
E.
No warranty. A certificate of compliance indicates that,
so far as can be reasonably determined by a visual inspection of the premises
and a review of City records, the premises meet the requirements of City Code.
Neither the City of Oconto Falls nor its Building Inspector nor any other
official or employee of said City assumes any liability in the inspection
or the issuance of a certificate of compliance and by the issuance of a certificate
of compliance does not guarantee or warrant as to the condition of the premises
inspected.
F.
Permission to inspect. If the owner of the premises refuses
to grant the City or its representatives permission to inspect the premises,
no such inspection shall be made unless a special inspection warrant authorized
and provided for under § 66.0119, Wis. Stats., is properly issued.
[Amended 8-14-2001 by Ord. No. 01-007]
A.
Building Inspector. Primary enforcement of the City of
Oconto Falls Building Code shall be by the Building Inspector.
B.
Reports. It shall be the duty of all police officers
of the City of Oconto Falls to report at once to the Building Inspector any
building, electrical or plumbing work which is being carried on without a
permit as required by this article.
A.
Any building or structure hereafter erected, enlarged, altered or repaired or any use hereafter established in violation of the provisions of this article shall be deemed an unlawful building, structure or use. The Building Inspector or other authorized persons shall promptly report all such violations to the Common Council and City 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 § 1-9 of this Code. 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 City 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.
Notice of violation.
(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 20.10(1)(c), Wisconsin Administrative
Code. If the Building Inspector feels that the noncompliance present a threat
to public health or safety, he may order compliance within 48 hours.
(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 City from maintaining any appropriate action
to prevent or remove a violation of any provision of this article or the Uniform
Dwelling Code.
C.
Except as may otherwise be provided by statute or ordinance,
no officer, agent or employee of the City of Oconto Falls charged with the
enforcement of this article shall render himself personally liable for any
damage that may accrue to persons or property as a result of any act required
or permitted in the discharge of his duties under this article. Any suit brought
against any officer, agent or employee of the City as a result of any act
required or permitted in the discharge of his duties under this article shall
be defended by the legal representative of the City until the final determination
of the proceedings therein.
Any person aggrieved by any order or ruling of the Building Inspector
may appeal from such order or ruling to the Board of Appeals within 10 days
after written notice or such order or ruling is delivered to him. Such appeal
shall be in writing, setting forth the order appealed from and the respects
in which such person claims such order or ruling is erroneous or illegal.
Such notice of appeal shall be filed with the City Administrator - Clerk/Treasurer,
who shall thereupon notify the Building Inspector. The appeal shall be heard
at the next meeting of the Board of Appeals, and said Board of Appeals, after
consideration thereof, shall affirm, reverse or modify such order or ruling
as is just in the premises. No such modification or reversal shall conflict
with any state law, code or lawful order. The order or ruling of the Building
Inspector shall remain in effect until acted upon by said Board of Appeals.
The fees for permits under this article shall be as established from
time to time by the Common Council.[2]
