The provisions of this chapter shall govern
the design, construction, alteration, demolition and moving of all
buildings and structures within the Village.
These regulations shall be known and cited as
the "Municipal Building Code" and shall be construed to secure their
expressed intent and to ensure public safety, health and welfare insofar
as they are dependent upon building construction.
[Amended 5-20-2008 by Ord. No. 840; 1-19-2021 by Ord. No. 927]
The following chapters of the Wisconsin Administrative Code,
as well as all subsequent revisions, are adopted by the municipality
and shall be enforced by the Director of Inspection Services.
(1)
Ch.
SPS 302.31, Plan Review Fee Schedule.
(2)
Ch.
SPS 305, Credentials.
(3)
Ch.
SPS 316, Electrical Code.
(4)
Chs.
SPS 320 through 325, Uniform Dwelling Code.
(5)
Ch.
SPS 327, Campgrounds.
(6)
Chs.
SPS 361 through 366, Commercial Building Code.
(7)
Chs.
SPS 375 through 379, Buildings Constructed Prior to 1914.
(8)
Chs.
381 through 387, Uniform Plumbing Code.
[Amended 1-19-2021 by Ord. No. 927]
(1)
Adopted. The Administrative Code provisions describing
and defining regulations with respect to buildings and requirements
as designated in the Wisconsin Uniform Building Code, revised April
10, 1981, by the Building Inspectors Association of the State of Wisconsin,
is hereby adopted and made a part of this chapter by reference 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.
(2)
Revisions. 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 buildings in the Village. A copy of these Administrative Code provisions
and any future amendments shall be kept on file in the Village Clerk's
office.
[Amended 1-19-2021 by Ord. No. 927]
All buildings and structures hereafter erected,
altered, repaired, moved or demolished that are used or designed to
be used for the purpose herein defined shall comply in full with the
requirements of this chapter.
(1)
Zoning laws. No provision of this chapter shall be
construed to repeal, modify or constitute an alternative to any lawful
zoning regulations.
(2)
New buildings. The construction requirements of this chapter shall apply to all buildings not covered under § 15.03.
(3)
Existing buildings. This chapter shall also apply
to buildings and conditions described in this subsection:
(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 alterations or repairs during the life of the
structure exceeds 50% of the equalized value of the structure, such
value to be determined by the Village Assessor.
(c)
Additions and alterations, regardless of cost, made to an existing building shall comply with the requirements of this chapter. The provisions of Subsection (4) shall also apply.
(d)
Roof coverings. Whenever more than 25% of the roof
covering of a dwelling is replaced in any twelve-month period, all
roof covering shall be in conformity with applicable sections of this
chapter.
(e)
Additions and alterations. Any addition or alteration,
regardless of cost, made to a dwelling shall be made in conformity
with applicable sections of this chapter.
(4)
Alterations and repairs. The following provisions
shall apply to any buildings altered or repaired:
(a)
Alterations. When any existing building or structure
accommodates a legal occupancy and use but is of a nonconforming type
of construction, then alterations which involve the structural members
of floors or roofs, 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, shall 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.
[Amended 5-20-2008 by Ord. No. 840]
(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 and use shall be deemed
minor repairs.
(c)
When alterations are not permitted. When any existing
building or structure which 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 Director of Inspection Services.
(f)
Use of unsanitary building. No person shall occupy,
use or permit the occupancy or use of any building or structure that
is unsanitary, dilapidated, deteriorated, out of repair or unfit for
human habitation, occupancy or use until the regulations of this chapter
have been complied with.
(5)
Razing of buildings. The Director of Inspection Services
shall act for the Village under the provisions of § 66.0413,
Wis. Stats., relating to the razing of buildings and all acts amendatory
thereof and supplementary thereto. The Village Treasurer is authorized
to place the assessment and collect the special tax as therein provided.[1]
[Amended 1-19-2021 by Ord. No. 927]
(1)
Permits required. No building or structure or any
part thereof shall hereafter be built, enlarged, altered or demolished
within the Village or moved into, within or out of the Village except
as hereinafter provided unless a permit therefor is first obtained
by the owner or his agent from the Director of Inspection Services.
Permits shall be required for the following:
(2)
Application for permits. Application for a building
permit shall be made in writing upon a form to be furnished by the
Director of Inspection Services and shall state the name and address
of the owner of the building and the owner of the land on which it
is to be erected and the name and address of the designer and shall
set forth a legal description of the land on which the building is
to be located, the location of the building, the house number thereof
and such other information as the Director of Inspection Services
may require. The applicant shall submit three complete sets of plans
and specifications and three copies of a survey to the Director of
Inspection Services along with the application.
(a)
Survey. The survey shall be prepared and certified
by a surveyor registered by the State of Wisconsin, shall not be made
more than one year prior to the issuance of a building permit, and
shall bear the date of the survey. The certified survey shall also
show the following:
1.
Location and dimensions of all buildings on the lot,
both existing and proposed.
2.
Dimensions of the lot.
3.
Dimensions showing all setbacks of all buildings on
the lot.
4.
Proposed grade of proposed structure, to Village datum.
5.
Grade of lot and of road opposite lot.
6.
Grade and setback of adjacent buildings. If the adjacent
lot is vacant, elevation of nearest buildings on the same side of
the road.
7.
Type of monuments at each corner of lot.
8.
Watercourses or existing drainage ditches.
9.
Seal and signature of surveyor.
(b)
Plans and specifications. All plans shall be drawn
to a scale not less than 1/4 inch per foot on paper or cloth in ink
or by some other process that shall not fade or obliterate and shall
disclose the existing and proposed provisions for water supply, sanitary
sewer connections and surface water drainage. All dimensions shall
be accurately figured. Drawings that do not show all necessary detail
shall be rejected.
1.
A complete set of plans for residential construction
shall consist of:
2.
All plans shall remain on file in the office of the
Director of Inspection Services for at least one year after the completion
of the building, after which time the Director of Inspection Services
may return the same to the owner, may keep them for public record
or may destroy them.
(3)
Waiver of some requirements. At the option of the
Director of Inspection Services, plans, data, specifications and survey
need not be submitted with an application for permit to execute minor
alterations and repairs to any building, structure or equipment, provided
that the proposed construction is sufficiently described in the application
for a permit.
(4)
Seal of registered engineer or architect. All plans,
data and specifications for the construction of any building or structure
or for any construction in connection with existing buildings and
structures, other than one- and two-family residences, containing
more than 50,000 cubic feet, total volume, submitted with an application
for permit shall bear the seal of the registered architect or registered
engineer. The plans shall also be stamped as approved as required
by the Department of Commerce. Such building or structure shall be
constructed under the supervision of an architect or engineer who
shall be responsible for its erection in accordance with the approved
plans. No permit shall be granted for such structure unless such construction
shall be under the supervision of an architect or engineer as required
by the Wisconsin Statutes. A written statement to this effect shall
be filed by the architect or engineer with the Director of Inspection
Services with the application for permit.
(5)
Drainage.
(a)
Grading of lots. The plans shall show the present
and proposed grades of the lot on which it is proposed to erect the
building for which a building permit is sought and of the immediately
adjoining property in sufficient detail to indicate the surface water
drainage before and after the completion of grading. No permit shall
be issued if the erection of the building and the proposed grades
shall unreasonably obstruct the natural flow of water from the surface
of adjoining property or obstruct the flow of any existing ravine,
ditch, drain or stormwater sewer draining neighboring property, unless
suitable provision is made for such flow by means of an adequate ditch
or pipe, which shall be shown on the plans and shall be constructed
so as to provide continuous drainage.
(b)
Stormwater drains. No dwelling shall be erected nor
shall existing provisions for conveyance of water from the roof of
any dwelling be altered or replaced unless provision is made to convey
water from the roof of the dwelling so that the water shall not, directly
or indirectly, pass into the sanitary sewer system. No stormwater
or surface water drains may be connected with the sanitary sewer system,
whether installed above or below the surface of the ground.
(6)
Moving damaged buildings. No building shall be repaired,
altered or moved within or into the Village that has deteriorated
or has been damaged by any cause (including such moving and separation
from its foundation and service connections in case of moved buildings)
to the extent of 50% or more of its equalized value, and no permit
shall be granted to repair, alter or move such building within or
into the Village.
(7)
Director of Inspection Services to issue permit.
(a)
If the Director of Inspection Services finds that
the proposed building complies in every respect with this chapter,
other Village ordinances and any state laws and lawful orders issued
pursuant thereto, he shall issue a building permit. 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, except with the written
consent of the Director of Inspection Services filed with such application.
(b)
If adequate plans are presented, the Director of Inspection
Services, at his discretion, may issue a permit for a part of the
building before receiving the plans and specifications of the entire
building. No person shall commence work on any building or alteration
before the building permit has been issued. The issuance of a permit
upon the plans and specifications shall not prevent the Director of
Inspection Services from thereafter requiring the correction of errors
in plans and specifications or from preventing building operations
being carried on thereunder when in violation of any ordinances of
the Village or laws of the State of Wisconsin or lawful orders issued
pursuant thereto.
(c)
For the construction of buildings requiring approval
of the Department of Commerce, no permit shall be issued until such
approved plans are received by the Director of Inspection Services.
(8)
Inspector may revoke permits.
(a)
The Director of Inspection Services may revoke any
permit, certificate of occupancy 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:
1.
Whenever there is a violation of any regulation of
this chapter or of any other ordinance, law or lawful orders or Wisconsin
Statutes relating to the same subject matter.
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 Director of Inspection
Services 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 Director of Inspection Services
for the use of any new materials, equipment, methods of construction,
devices or appliances.
(b)
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.
(c)
A revocation placard shall be posted upon the building,
structure, equipment or premises in question by the Director of Inspection
Services.
(d)
After the notice is served upon the persons and posted,
no person shall proceed with any construction operation 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 this chapter.
(9)
Failure to obtain permit. No person shall commence
work prior to obtaining a permit therefor. Double fees shall be charged
if work is commenced prior to the issuance of a permit.
(1)
A weatherproof card signed by the Director of Inspection
Services indicating the permit has been issued shall be posted at
the job site during construction. After issuance of a building permit,
the approved plans shall not be altered unless any proposed change
is first approved by the Director of Inspection Services as conforming
to the provisions of this chapter.
(2)
The building permit shall become void unless operations
are commenced within four months from the date thereof or if the building
or work authorized by such permit is suspended at any time after work
is commenced for a period of 60 days.
(3)
Before any work is commenced or recommenced after
the permit has lapsed, a new permit shall be issued at the regular
fee rate. The work required to construct a one- or two-family residence
shall be completed within 18 months from the date of issuance of the
permit.
As used in this chapter, certain words and phrases
shall be defined as follows. The word "shall" as used herein is mandatory.
A part of a principal building or a supplemental building
located on the same lot with a principal building and generally used
for storage, private garage or other use customarily incidental to
a residence use.
Any new construction whereby an existing building or structure,
or building or structure in course of construction, is increased in
area or cubical content.
The line between adjoining lots, plots of land or parcels
of land of different or the same ownership.
A right-of-way which affords a secondary means of vehicular
access to abutting properties. A street shall not be considered an
alley.
Any change or modification in construction or occupancy.
A room or suite of rooms which is occupied or which is intended
or designed to be occupied by one family for living and sleeping purposes.
As to materials and types of construction, refers to approval
by the Building Inspectors Association as the result of investigation
and tests conducted by the Association or by reason of accepted principles
or tests by national authorities or technical or scientific organizations.
As applied to dimensions, means the maximum horizontal projected
area of a building, structure, room, apartment or open space, not
including overhangs.
A space, not suitable for human occupancy, under the roof
and above the ceiling of the topmost story of any building or part
thereof.
That portion of a building the floor line of which is below
lot grade and the ceiling of which is not more than five feet above
lot grade. Same for cellar.
That area of any structural unit of a building or structure
which is in direct contact with the supports which receive the loads
from that unit.
Any structure built for the support, shelter or enclosure
of persons, animals, chattels or property of any kind.
A building erected prior to the adoption of this chapter
or one for which a legal building permit has been issued. [1]
The actual cubic space enclosed within the outer surfaces
of the outside or enclosed walls, outer surfaces of the roof and the
finished surfaces of the lowest floors of a building or structure.
Does not include the contents of courts which are open to the sky.
The officer charged with the administration and enforcement
of this chapter or his regularly authorized deputy.
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 this chapter, includes heating,
cooling, air-conditioning and ventilating systems; plumbing and sanitary
systems; electric light and power systems; telephone, electronic and
radio signal and annunciator systems; dry cleaning, dyeing and washing
machines; elevators and dumb waiters; gas pipe systems; standpipes;
sprinkler systems; fire protection apparatus, fire extinguishers and
pumps; oil burners, stokers and conveyors; refrigerating systems;
devices, machinery and apparatus of every description; furnaces, boilers
and 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 grade of the street as established by ordinance at the
center line of the street.
A building, structure, equipment or premises completed or
in course of construction, or used or occupied, and for which a legal
permit has been issued prior to the effective date of this chapter.
One or more persons occupying a dwelling unit as a single,
nonprofit housekeeping unit, who are living together as a bona fide
stable and committed living unit, being a traditional family or the
functional equivalent thereof, exhibiting the generic character of
a traditional family.[2]
Zoned areas of the Village within which wood frame construction
is prohibited except as otherwise provided for in this chapter.
The net area of any floor space enclosed by exterior walls,
fire walls or absolute fire separation exclusive of open spaces.
That portion of the foundation of a structure which spreads
and transmits loads directly to the soil or the piles.
The supporting structure as a whole below the lowest floor
upon which rests the superstructure of a building or structure.
A building or portion thereof in which a motor vehicle containing
gasoline, distillate or other volatile, flammable liquid in its tank
is stored, repaired or kept.
A building or a 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.
Elevation of ground adjacent to the structure.
The classification of lumber in regard to stress and grade.
Rooms used for human occupancy; for example but not confined
to the following:
BEDROOMA habitable room in a dwelling unit intended for use primarily for sleeping purposes.
KITCHENA habitable room or space in a dwelling unit in which meals are cooked or prepared.
LIVING ROOMThe principal habitable room in a dwelling unit designed for or appropriated to the general occupancy or use of a family or household.
The beam or girder placed over an opening in a wall which
supports the wall construction above.
A parcel of land in a single ownership occupied or to be
occupied by not more than one principal or main building and the accessory
buildings or uses customarily incident to it, including such open
spaces as are required by this chapter or other codes, and having
its principal frontage upon a street.
A line or lines dividing one lot, plot of land or parcel
of land from an adjoining lot, plot of land or parcel of land.
A construction composed of separate units such as brick,
block, hollow tile, stone or approved similar units or a combination
thereof, laid up or built unit by unit and bonded by mortar.
Masonry built without hollow spaces.
A lawfully existing building, premises, structure, use, material
or equipment which does not conform to the requirements of this chapter.
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 chapter.
Any individual, person, partnership, firm, organization,
association or corporation or his or its agents, heirs or assigns.
A projection of masonry or other construction being an integral
part of a wall to provide bearing for concentrated loads or to compensate
for a reduction of wall section by openings or to stiffen a wall against
lateral forces.
A single main building or structure on a lot for specific
use or occupancies.
The reconstruction or renewal of any part of an existing
building for the purpose of its maintenance. The word "repair" or
"repairs" shall not apply to any change of construction.
Mandatory by provisions of this chapter.
A space within a building or structure completely enclosed
with walls, partitions, floor and ceiling except for necessary openings
for light, ventilation, ingress and egress.
The actual area in square feet enclosed by the exterior perimeter
of the building walls on each separate floor level.
Three or more risers shall constitute a stairway.
The space in a building included between the surface of any
floor and the surface of the next floor above or below or roof next
above.
As specifically regulated by this chapter, 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.
Any construction methods or materials not covered in this
chapter.
The Village of Greendale, Wisconsin.
Shall be defined as follows:
BEARING WALLA wall which supports any load in addition to its own weight.
CAVITY WALLA wall built of masonry units or of plain concrete or a combination of these materials so arranged as to provide an air space within the wall and in which the facing and backing (inner and outer parts) of the wall are tied together with metal ties.
CURTAIN WALLA nonbearing wall between columns or piers.
EXTERIOR WALLAn outer enclosing wall of a building or structure.
FACED WALLA wall in which the masonry facing and backing are so bonded as to exert common action under load.
NONBEARING WALLA wall which supports no load other than its own weight.
PANEL WALLA nonbearing wall in skeleton construction built between columns or piers and wholly supported at each story.
PARTITIONAn interior vertical structure usually of light construction serving to enclose an area, room, space or division, extended from floor to ceiling and having wall surfaces of approved materials as permitted by this chapter.
RETAINING WALLWall used to resist laterally imposed pressures.
VENEERED WALLWall having masonry facing which is attached to the backing but not so bonded as to exert common action under load; also having outer facing for the purpose of providing ornamentation, protection or insulation.
[Amended 3-2-1999 by Ord. No. 764; 2-1-2000 by Ord. No. 769; 12-3-2002 by Ord. No. 795; 2-1-2005 by Ord. No. 813; 5-20-2008 by Ord. No.
840; 1-19-2021 by Ord. No. 927]
Before receiving a building permit, the owner
or his agent shall pay the fee as set by the Village Board in the
fee schedule on file at the office of the Village Clerk. The Village
Board may amend the building permit fees from time to time through
the passage of a resolution. In applying the provisions of this chapter
in respect to new work, existing buildings, alterations and repairs,
the physical value of the work shall be determined by the Director
of Inspection Services on the basis of current costs or as otherwise
provided in the local ordinances. Charges per unit shall include any
fraction thereof.
When applications for unusual technical design
or magnitude of construction are filed, the Director of Inspection
Services may refer such plans and specifications to the Department
of Commerce, Division of Safety and Buildings, for analysis and recommendations
as to the safety of design in compliance with this chapter.
(1)
Notification. Upon notification from the permit holder
or his agent, required inspections of the construction of any buildings,
structures or equipment shall be made as follows:
(a)
Location inspection. Inspection to determine if the
location on the premises is in compliance with the approved certified
lot or plot plan of the premises and the terms of the permit.
(b)
Foundation and footing inspection. Inspection to determine
if the construction of footings as to thickness, width, placing of
reinforced steel, if required, and foundation walls is in compliance
with approved plans, data and the terms of the permit.
(c)
Inspection of fire stopping, heating, ventilating,
etc. Inspection of all wall, floor and roof framing, fire stopping
and bracing when completed and of all pipes, chimneys, ventilating
and other ducts, shafts and equipment when in place but before any
such work is covered, enclosed or concealed by other construction.
(d)
Subgrade, drain tile and form inspection. Inspection
prior to laying concrete for basement floor to inspect subgrade, drain
tile and forms.
(e)
Final inspection. Upon the completion of any building,
structure, equipment or construction for which a permit was issued
and before the same is occupied or used, a final inspection shall
be made by the Director of Inspection Services, and until such building,
structure or equipment is in compliance with all the requirements
of this chapter and terms of the permit, no occupancy shall be maintained.
If the construction conforms to the requirements of this chapter a
certificate of occupancy shall be issued.
(2)
Coordinated inspections. All provisions of the laws
and regulations of the Village and of legally adopted rules of local
fire and health 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 and occupancy in all buildings shall be strictly enforced by
the administrative officials to whom such authority is delegated.
Whenever inspection by any authorized enforcement officer discloses
any violation of the provisions of this chapter or of any other rules,
regulations, or laws, he shall immediately notify the administrative
officer having jurisdiction of the violation.
(3)
Certified report. The Director of Inspection Services
may require a certified report of all required inspections as regulated
by this chapter from the registered architect or registered engineer
supervising the construction of any building, structure or equipment
requiring his supervision. Such certified report shall state in detail
that all construction work has been executed in accordance with all
of the regulations of this chapter, approved plans, specifications,
terms of the permit and data filed with the application for permit
and further that such construction work was executed in accordance
with accepted architectural and engineering standard procedures.
(4)
Appeals. Any person feeling himself aggrieved by any
order or ruling of the Director of Inspection Services may appeal
from such ruling to the Zoning Board of Appeals within 20 days after
written notice of such ruling shall have been delivered to him. Such
appeal shall be in writing, setting forth the order appealed from
and the respects in which such aggrieved person claims that such order
or ruling is erroneous or illegal. The notice of appeal shall be filed
with the Clerk-Treasurer, who shall thereupon notify the Director
of Inspection Services of the appeal, which shall be heard at the
next meeting of the Zoning Board of Appeals. The Zoning Board of Appeals,
after consideration thereof, shall affirm, reverse or modify the ruling
as is just in the premises. The ruling or order of the inspection
shall be enforced until changed by the Zoning Board of Appeals.
(1)
Composition. The Department of Inspection Services
shall be under the supervision of the Village Manager and shall include
an inspector and such additional employees as may be appointed from
time to time by the Village Manager subject to the approval of the
Village Board.
(2)
Director of Inspection Services.
(a)
Qualifications. The Director of Inspection Services
shall by training and experience be qualified to supervise the general
construction and permanent equipment of buildings. "Director of Inspection
Services" as used in this chapter shall include all authorized employees
of the Department of Inspection Services. The Director of Inspection
Services shall exercise supervisory control over all of the personnel
of the Department.
1.
The duties of the Department of Inspection Services
shall include all phases of construction, such as masonry, carpentry,
electric, plumbing, drainlaying and heating, etc.
2.
The Director of Inspection Services shall enforce
all state laws and Village ordinances and lawful orders relating to
the construction, alteration, repair, removal and safety of buildings
and other structures and permanent building equipment.
3.
The Director of Inspection Services shall make reports
of the activities of the Department from time to time as may be required
by the Village Manager.
(b)
Director to decide questions. The Director of Inspection
Services shall have complete authority to pass upon any questions
which may arise relating to building, subject to the provisions contained
in this chapter.
(c)
Director to keep records. The Director of Inspection
Services shall keep and maintain a record of all applications for
building permits and regularly number each permit in the order of
its issuance. He shall keep a record showing the number, description
and size of all buildings in the various classes. He shall keep a
record of all inspections made and of all removal and contamination
of buildings and a record of all fees collected by him showing the
date of their receipt and delivery to the Village Manager on the above
matters.
(d)
Authority to enter premises. The Director of Inspection
Services may at all reasonable times, for any proper purpose, upon
presentation of proper credentials, enter upon any public or private
premises and make inspection thereof and require the production of
a permit for any building or the required license thereof.
(e)
Power of police officer. The Director of Inspection
Services shall have the powers of a police officer to call the aid
of the Police Department. All police officers shall report at once
to the Director of Inspection Services any buildings in which operations
are being carried on without a building permit as required by this
chapter.
(f)
Director shall not be financially interested. The
Director of Inspection Services shall not be financially interested,
either directly or indirectly, in the construction of buildings or
in the preparation of plans and specifications therefor or in the
sale of building equipment or materials in the Village.
(g)
Issuance of citations. The Director of Inspection
Services shall issue Wisconsin Uniform Municipal Court Citations for
violations of the following chapters:
(3)
Authority to require corrections. The issuance of
a permit upon plans and specifications shall not prevent the Director
of Inspection Services from requiring the correction of errors in
such plans and specifications or from preventing building operations
being carried on thereunder when in violation of this chapter or of
any other ordinances of the Village. The fact that a permit is issued
shall not constitute a defense, nor shall any error, oversight or
dereliction of duty on the part of the Director of Inspection Services
constitute a defense.
(4)
Stop-work order. Whenever the provisions of this chapter
or of the plans approved thereunder are not complied with, a stop-work
order shall be served on the owner or his representative and a copy
thereof shall be posted at the site of the construction. Such stop-work
order shall not be removed except by written notice of the Director
of Inspection Services after satisfactory evidence has been supplied
that the violation has been corrected.
(5)
Authority to order vacation of building. Whenever any building or portion thereof is being used or occupied contrary to the provisions of this chapter, the Director of Inspection Services shall order such use or occupancy discontinued and the building or portion thereof vacated by notice served upon 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 or such notice or make the building or portion thereof comply with the requirements of this chapter, provided that in the event of an emergency the provisions of Subsection (6) shall apply.
[Amended 5-20-2008 by Ord. No. 840]
(6)
Authority to order razing or repair.
(a)
Any building or portion thereof, including buildings
or structures in the process of erection, if found to be dangerous
to persons or property or unsafe for the purposes for which it is
being used or in danger of fire due to defects in construction or
dangerous for use because of insufficient means of egress in case
of fire or which violates the provisions of this chapter due to the
removal, decay, deterioration or the falling off of any thing, appliance,
device or requirement originally required by this chapter or which
has become damaged by the elements or fire to an extent of 50% of
its current fair market value may be condemned by the Director of
Inspection Services. The Director of Inspection Services may order
portions of the structural frame of a building or structure to be
exposed for inspection when in his opinion they are in an unsafe condition.
The Director of Inspection Services shall serve notice in writing
to the owner, reputed owner or person in charge of such a building
or premises setting forth what shall be done to make such building
safe. The person receiving such notice shall, within 48 hours thereafter,
begin to make the changes, repairs or alterations set out in such
notice and diligently proceed with such work or demolish the building.
The Director of Inspection Services shall also affix a notice of such
order in a conspicuous place on the outside wall of the building and
no person shall remove or deface such notice. No such building shall
be occupied or used for any purpose after the Director of Inspection
Services serves written notice of its unsafe or dangerous condition
until the instructions of the Director of Inspection Services have
been complied with. Where the public safety requires immediate action,
the Director of Inspection Services 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 expense of such
work may be recovered by the Village in an action against the owner
or tenant.
(b)
The Fire Department shall give all reasonable assistance
to the Director of Inspection Services in such work. If the owner
or tenant of any such building or structure is dissatisfied with the
decision of the Director of Inspection Services as to the unsafe character
thereof, the question shall be referred to the Village Board, whose
decision shall be final.
(c)
If at the expiration of the time set forth in the
first notice the instructions as stated have not been complied with,
a second notice shall be served personally upon the owner, his agent
or the person in possession, charge or control of such building or
structure or part thereof, stating therein such precautionary measures
as may be necessary or advisable to place such building or structure
or part thereof in a safe condition. Should the necessary changes
not be made within 30 days after the service of such second notice,
the Village Manager may order the Director of Inspection Services
to proceed with the work specified in such notice. A statement of
the cost of such work shall be transmitted to the Village Manager,
who shall cause the same to be paid and levied as a lien against the
property. Proper service of either of such notices shall be personal
service upon the owner of record if he shall be within the Village.
If he is not in the Village, such service may be had upon any person
accustomed to collect rents on the property in question who may be
in the Village, and in the absence of such a person upon the tenant
of the premises. If such premises are vacant and the owner is not
in the Village, such service shall be completed when the notice is
sent by registered mail to the last known address of the owner. Whenever
the owner, agent or tenant is a corporation, service may be upon the
president, vice president, secretary or treasurer or, in the absence
of these, the local representative of such corporation.
(7)
Authority to order completion or razing of unfinished
buildings.
(a)
If the Director of Inspection Services finds that
the construction of any building for which a permit has been issued
is delayed for more than six months, he shall order that the construction
of the building be continued forthwith or that the building be razed
and any excavation be filled.
(b)
The order shall be served upon the owner of the land
or his agent and upon the holder of any encumbrance of record in the
manner provided for service of a summons in the Circuit Court.
(c)
If the owner of the land fails to comply with the
order within 30 days after service, the Director of Inspection Services
shall cause the structure to be razed and any excavation to be filled
to grade, and the cost thereof shall be charged against the real estate
as provided in § 66.0413(2), Wis. Stats.
(1)
Inspections.
(a)
The Director of Inspection Services shall make a final
inspection of all new buildings, additions and alterations. If no
violations of this chapter or any other Village ordinances is found,
the Director of Inspection Services shall issue a certificate of occupancy
stating the purpose for which the building is to be used.
(b)
No building or part thereof shall be occupied until
such certificate has been issued, nor shall any building be occupied
in any manner which conflicts with the conditions set forth in the
certificate of occupancy.
(2)
Use discontinued.
(a)
Whenever any building or portion thereof is being
used or occupied contrary to the provisions of this chapter, the Director
of Inspection Services 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. 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 chapter.
(b)
Any building, structure or premises or any part thereof
hereafter vacated or damaged by any cause 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. This shall
not apply to buildings used entirely for dwelling purposes.
(3)
Change. No person shall change the use of any building,
structure, premises or part thereof without first obtaining from the
Director of Inspection Services an approval of such change in the
occupancy or use and a certificate of occupancy therefor.
(4)
Hardship. The Director of Inspection Services shall
have the authority and power to permit the occupancy of any building
or structure in the Village without there having first been obtained
a certificate of occupancy in all such cases of hardship as in his
judgment and discretion warrant occupancy before the final stage of
completion as set out in this chapter. Before granting such permission,
the Director of Inspection Services shall first examine the premises
and estimate the cost of completion of such building or structure,
shall determine the time within which such building or structure can
be completed, and shall require its owner to post a cash bond in the
amount of the estimated cost of completion of such building or structure
or a surety bond in an amount double the estimated cost of completing
the building or structure. The fixed period of time within which to
complete the building or structure shall be set but shall not exceed
120 days. If the owner of such building or structure fails to comply
with the terms of such obligations, the Village shall be permitted
to declare such bond forfeited. Thereupon, the Director of Inspection
Services shall arrange to have such building completed without delay
with the funds made available from the proceeds of the bond.[1]
[1]
Editor's Note: Amended at time of adoption
of Code (see Code Adoption Ordinance).
