Town of Herman, WI
Dodge County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Herman at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Amendments noted where applicable.]
GENERAL REFERENCES
Building Inspector — See Ch. 84.
Driveways and culverts — See Ch. 195.
Land division and development — See Ch. 251.
Property maintenance — See Ch. 289.
Zoning — See Ch. 384.

§ 170-1 State code enforcement.

A. 
Adoption of codes.
(1) 
Wisconsin Administrative Code chapters adopted. The following chapters of the Wisconsin Administrative Code and subsequent revisions pertaining to construction activity are adopted by reference for municipal enforcement and incorporated herein:
(a) 
Chapter SPS 316, Electrical.
(b) 
Chapters SPS 320 to 325, Uniform Dwelling Code.
(c) 
Chapter SPS 326, Manufactured Home Communities.
(d) 
Chapters SPS 361 to 366, Commercial Building Code.
(e) 
Chapter SPS 367, Rental Unit Energy Efficiency.
(f) 
Chapters SPS 375 to 379, Buildings Constructed Prior to 1914.
(g) 
Chapters SPS 381 to 387, Plumbing.
(2) 
Adoption of additional codes. By virtue of adopting § SPS 361.05, Wis. Adm. Code, the following codes are also adopted and incorporated by reference:
(a) 
IBC. The International Building Code®, subject to the modifications specified in Chs. SPS 361 and 362, Wis. Adm. Code.
(b) 
IECC. The International Energy Conservation Code®, subject to the modifications specified in Ch. SPS 363, Wis. Adm. Code.
(c) 
IMC. The International Mechanical Code®, subject to the modifications specified in Ch. SPS 364, Wis. Adm. Code.
(d) 
IFGC. The International Fuel Gas Code®, subject to the modifications specified in Ch. SPS 365, Wis. Adm. Code.
(e) 
IEBC. The International Existing Building Code®, subject to the modifications specified in Ch. SPS 366, Wis. Adm. Code.
(3) 
Violations; amendments. Any act required to be performed or prohibited by a Wisconsin Administrative Code provision incorporated herein by reference is required or prohibited by this chapter. Any future amendments, revisions or modifications of the Wisconsin 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 the Town of Herman. A copy of these Administrative Code provisions and any future amendments shall be kept on file in the Building Inspector's office.
B. 
Existing buildings.
(1) 
The Wisconsin Uniform Dwelling Code shall also apply to buildings and conditions where:
(a) 
An existing building is to be occupied as a one- or two-family dwelling, which building was not previously so occupied.
(b) 
An existing structure is altered or repaired.
(2) 
Additions and alterations, regardless of cost, made to an existing building constructed post 1980 as deemed necessary by state law shall comply with the requirements of this chapter for new buildings.
(3) 
Any addition or alteration, regardless of cost, made to a building shall be made in conformity with applicable sections of this chapter.
C. 
Definitions. As used herein, the following terms shall have the meanings indicated:
ADDITION
New construction performed on a dwelling which increases the outside dimensions of the dwelling.
ALTERATION
A substantial change or modification other than an addition or minor repair to a dwelling or to systems involved within a dwelling.
DEPARTMENT
The Wisconsin Department of Safety and Professional Services.
(1) 
Any building, the initial construction of which is commenced on or after the effective date of this chapter, which contains one or two dwelling units; or
(2) 
An existing structure, or that part of an existing structure, which is used or intended to be used as a one- or two-family dwelling.
MINOR REPAIR
Repair performed for maintenance or replacement purposes on any existing one- or two-family dwelling which does not affect room arrangement, light and ventilation, access to or efficiency of any exit stairways or exits, fire protection or exterior aesthetic appearance and which does not increase a given occupancy and use. No building permit is required for work to be performed which is deemed minor repair.
ONE- OR TWO-FAMILY DWELLING
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. Included are community living arrangements.
PERSON
An individual, partnership, firm or corporation.
UNIFORM DWELLING CODE
Those Administrative Code provisions and any future amendments, revisions or modifications thereto contained in the following chapters of the Wisconsin Administrative Code:
(1) 
Chapter SPS 320, Administration and Enforcement.
(2) 
Chapter SPS 321, Construction Standards.
(3) 
Chapter SPS 322, Energy Conservation.
(4) 
Chapter SPS 323, Heating, Ventilating and Air Conditioning.
(5) 
Chapter SPS 324, Electrical Standards.
(6) 
Chapter SPS 325, Plumbing.
D. 
Method of enforcement.
(1) 
Certified inspector to enforce. The Building Inspector and his/her delegated representatives are hereby authorized and directed to administer and enforce all of the provisions of the Uniform Dwelling Code. The Building Inspector (or state-provided inspector or contract certified inspector) shall be certified for inspection purposes by the Department in each of the categories specified under § SPS 305.63, Wis. Adm. Code.
(2) 
Subordinates. The Building Inspector may appoint, as necessary, subordinates as authorized by the Town Board.
(3) 
Duties. The Building Inspector shall administer and enforce all provisions of this chapter and the Uniform Dwelling Code and perform all other duties as assigned by the Town Board.
(4) 
Inspection powers. The Building Inspector or an authorized certified agent may at all reasonable hours enter upon any public or private premises for inspection purposes and may require the production of the permit for any building, plumbing, electrical or heating work. No person shall interfere with or refuse to permit access to any such premises to the Building Inspector or his/her agent while in performance of his/her duties. If inspection access is denied, the Building Inspector may seek an inspection warrant from the Circuit Court.
(5) 
Records. The Building Inspector shall perform all administrative tasks required by the Department under the Uniform Dwelling Code. In addition, the Building Inspector shall keep a record of all applications for building permits in a file 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. The Building Inspector shall provide the Town Board a monthly report of permits issued.

§ 170-2 Construction sites; maintaining clean streets.

Town streets, roads and alleys are to be kept clean of dirt and debris from all construction sites. The primary contractor for any construction project shall be responsible for sweeping streets of debris within 24 hours of the incident. The Town of Herman will clean said street(s) if the work is not done within 24 hours of the incident and charge the current established costs to the contractor for the work. Failure to pay said costs within 30 days of receipt of the billing shall be deemed a violation of this section and be subject to the penalty provisions of § 1-4 of this Code.

§ 170-3 Razing buildings.

A. 
Demolition permit required. All persons who demolish or cause to be demolished any structure or part of a nonagricultural structure larger than 400 square feet within the Town of Herman shall apply for and obtain a demolition permit from the Zoning Administrator prior to undertaking any steps to demolish the structure. The Assessor shall be notified by the Town of the issuance of a razing permit.
B. 
Application.
(1) 
An application for a permit to demolish all or part of a building shall include the following information:
(a) 
The name and address of the owner of the building on the date of application and, if different, on the date of demolition;
(b) 
The name, address and telephone number of the contractor(s) performing the demolition work;
(c) 
The date upon which demolition is to commence;
(d) 
The date by which demolition shall be complete;
(e) 
A list of all hazardous waste and hazardous and toxic substances contained in the building, a statement as to whether the building contains asbestos [as defined by § 254.11(1), Wis. Stats.], and a detailed description of the method to be used in removing, transporting and disposing of any hazardous waste, hazardous and toxic substances, and asbestos;
(f) 
A detailed description of how and where the waste materials resulting from the demolition will be transported and disposed of (including a description of the route to be used by trucks in hauling the waste);
(g) 
A description of the method of demolition to be used; and
(h) 
A description in detail of all methods to be used to prevent water runoff and soil erosion from the site to neighboring properties and to prevent releasing unreasonable amounts of dust from the site.
(2) 
Along with the application for a permit for demolition, the applicant shall present a release from all utilities serving the property, stating that their respective service connections and appurtenant equipment such as meters and regulators have been removed or sealed and plugged in a safe manner.
C. 
Demolition. The demolition shall be conducted in a manner that is safe and that does not adversely affect the environment.
D. 
Clearing and leveling the site.
(1) 
The site of any demolition shall be properly cleared of debris, rubbish and pavement and shall be properly graded and leveled to conform to the adjoining grade of the neighboring property, and when so graded and leveled, the site shall be seeded, sodded or treated in some other manner acceptable to the Building Inspector or Zoning Administrator so as to prevent blowing dust, dirt, or sand. Excavations remaining after demolition shall be filled, graded and leveled off not later than 30 consecutive days after demolition is completed.
(2) 
Excavations from demolished buildings or structures shall not be filled with any materials subject to deterioration. The Building Inspector or Zoning Administrator, upon notification by the permit holder, the owner or his/her agent, in writing and upon forms provided by the Building Inspector or Zoning Administrator for that purpose, shall within 72 hours inspect each excavation, or part thereof, before filling any excavation.
(3) 
It shall be unlawful to fill any such excavation without inspection and approval of the Building Inspector or Zoning Administrator. Voids in filled excavations shall not be permitted. In the event of the unavailability of the Building Inspector or Zoning Administrator to conduct an inspection within the 72 hours after written notice, the permit holder, owner or his/her agent may retain the services of a certified, qualified municipal inspection service to obtain an opinion that approves filling of the excavation. Said opinion shall be deemed a sufficient approval by the Town, provided that a written copy of the opinion is delivered to the Zoning Administrator at least 48 hours before filling of the excavation commences.
E. 
Removal and disposal. Removal, transportation and disposal of all hazardous waste, hazardous and toxic substances, and asbestos shall be conducted in compliance with all applicable state, federal and local statutes, ordinances and regulations. The permit holder shall give the Building Inspector or Zoning Administrator 72 hours' written notice prior to any removal, transportation or disposal of hazardous waste, hazardous and toxic substances, and asbestos.
F. 
Miscellaneous provisions.
(1) 
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.
(2) 
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 or Zoning Administrator.
(3) 
All debris must be hauled away at the end of each week for the work that was done that week. 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. (See Wisconsin Department of Natural Resources regulations.)
(4) 
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.
(5) 
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 so as to prevent the spread and migration of rodents and insects therefrom during and after the razing operations.

§ 170-4 Mobile home placement.

The parking or placement of a mobile home shall be in compliance with the following:
A. 
Building permit required. No person shall park a mobile home for occupancy or change its location within the Town without first obtaining a building permit from the Town of Herman. Such permit may be obtained by application to the Building Inspector.
B. 
Placement conditions. All mobile homes moved into or placed in the Town of Herman shall comply with the following requirements:
(1) 
Permit requirement; age and construction standards. Any mobile home placed in the Town of Herman shall be 10 years or less in age, determined by the date of unit manufacture. All existing occupied mobile homes may be inspected by the Town Building Inspector. The Town Building Inspector can approve and issue a permit if all elements on the inspection report are satisfactory. If a problem was found and corrected within three months, and a second inspection verified the correction(s), an occupancy permit may be issued by the Building Inspector. Specifically, any mobile home placed in the Town of Herman shall meet the specifications required by Federal HUD Standards Ch. XX, Parts 3280 and 3282.
(2) 
Additions; accessory structures. No construction of any addition, windbreaks, carports, permanent garages, utility sheds or any other improvement to a mobile home shall be commenced without first obtaining a building permit as provided for in this chapter.
(3) 
Converted vehicles. No converted vehicles, such as, but not limited to, vans, semitrailers or school buses, may be considered allowable mobile home units or storage buildings within the scope of this chapter. The parking of such vehicles within the Town of Herman is strictly prohibited. No mobile home shall be utilized as a storage shed, and permits shall not be issued for such use.
(4) 
Shoreland zoning. In addition to complying with the terms of this chapter, the owner of a mobile home shall comply with the conditions of the Dodge County Shoreland Zoning Ordinance, whenever applicable. If a permit is required under said ordinance, said permit must be obtained prior to the issuance of any permit by the Building Inspector.
(5) 
Sanitary permit. A sanitary permit or privy permit from Dodge County shall be required before being granted a building permit for the placement of a mobile home in the Town of Herman.
(6) 
Foundation requirement. All manufactured/mobile homes moved into the Town of Herman or moved from one location to another within the Town of Herman shall have for a foundation either a basement or a reinforced concrete pad a minimum of 3 1/2 inches thick under the entire area of the home, along with tie-downs.
C. 
Preexisting units; change in location. All existing mobile homes which do not conform to the standards set forth in this section at the time of adoption of this section shall not be affected by said conditions, except that said nonconforming mobile home, upon removal from the property it was located on at the time of original adoption of this section, may not be moved to another location within the Town of Herman.
D. 
Units per parcel. Only one mobile unit shall be permitted on a recorded tract of land in the Town of Herman.
E. 
Placement standards. Individual mobile home units set up on a parcel of land in the Town of Herman are required to be installed in accordance with Wisconsin Department of Safety and Professional Services guidelines and Town of Herman and Dodge County ordinances, whichever is most restrictive.