[HISTORY: Adopted by the Village Board of the Village of Trempealeau 12-2-1987 as Title 10, Ch. 4, of the 1987 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Erosion control — See Ch. 259.
Fires and fire prevention — See Ch. 272.
Mobile homes — See Ch. 353.
Property maintenance — See Ch. 396.
Subdivision of land — See Ch. 512.
Zoning — See Ch. 520.
A. 
Title. This chapter shall be known as the "Building Code of the Village of Trempealeau" and will be referred to in this chapter as "this code," "this chapter" or "this ordinance."
B. 
Purpose. This chapter provides certain minimum standards, provisions and requirements for safe and stable design, methods of construction and uses of materials in buildings and/or structures hereafter erected, constructed, enlarged, altered, repaired, moved, converted to other uses or demolished and regulates the equipment, maintenance, use and occupancy of all such buildings and/or structures. Its purpose is to protect and foster the health, safety and well-being of persons occupying or using such buildings and the general public.
C. 
Scope. New buildings hereafter erected in, or any building hereafter moved within or into the Village, shall conform to all the requirements of this chapter, except as they are herein specifically exempted from part or all of its provisions. Any alteration, enlargement or demolition of an existing building and any installation therein of electrical, gas, heating, plumbing or ventilating equipment which affects the health or safety of the users thereof or any other persons is a "new building" to the extent of such change. Any existing building shall be considered a "new building" for the purposes of this chapter whenever it is used for dwelling, commercial or industrial purposes, unless it was being used for such purpose at the time this chapter was enacted. The provisions of this chapter supplement the laws of the State of Wisconsin pertaining to construction and use and Chapter 520, Zoning, and amendments thereto to the date this chapter was adopted and in no way supersede or nullify such laws and said Chapter 520.
A. 
Permit required.
(1) 
General permit requirement. No building of any kind shall be moved within or into the Village and no new building or structure, or any part thereof, shall hereafter be erected, or ground broken for the same, or enlarged, altered, moved, demolished, razed or used within the Village, except as herein provided, until a permit therefor shall first have been obtained by the owner, or his or her authorized agent, from the Village Administrator or other officer specified herein.
[Amended 8-3-2017 by Ord. No. 10-2017]
(2) 
Alterations and repairs. The following provisions shall apply to buildings altered or repaired:
(a) 
Alterations. When not in conflict with any regulations, alterations to any existing building or structure accommodating a legal occupancy and use that changes the dimensions of existing buildings or structures shall be made to conform to the minimum requirements of this chapter applicable to such occupancy and use and given type of construction.
(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 shall be deemed minor repairs and no permit will be required.
(c) 
Alterations when not permitted. When any existing building or structure, which for any reason whatsoever, does not conform to the regulations of this chapter, has deteriorated from any cause whatsoever to an extent greater than 50% of the equalized value of the building or structure, no alterations or moving of such building or structure shall be permitted. Any such building or structure shall be considered a menace to public safety and welfare and shall be ordered vacated and thereafter demolished and debris removed from the premises.
(d) 
Alterations and repairs required. When any of the structural members of any building or structure have deteriorated from any cause whatsoever to less than their required strength, the owner of such a building or structure shall cause such structural members to be restored to their required strength; failing in which the building or structure shall be considered a menace to public safety and shall be vacated and thereafter no further occupancy or use of the same shall be permitted until the regulations of this chapter are complied with.
(e) 
Extent of deterioration. The amount and extent of deterioration of any existing building or structure shall be determined by the Building Inspector.
B. 
Application. Application for a building permit shall be made in writing or electronically upon a form furnished by the Wisconsin Department of Safety and Professional Services.
[Amended 8-3-2017 by Ord. No. 10-2017]
C. 
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 or other means of access has been expressly approved in advance by the Village Board. No building permits shall be issued until the subdivision and required improvements are accepted by the Village Board.
[Amended 8-3-2017 by Ord. No. 10-2017]
D. 
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 payment of electrical hookup is presented to the Village Administrator. The Village Board shall have the authority to waive one or all of the requirements based on seasonal weather conditions.
[Amended 10-2-2000; 8-3-2017 by Ord. No. 10-2017]
(2) 
Nonresidential building. No building permit shall be issued for the construction of any building other than residential until contracts have been let for the installation of sewer, water, grading, and graveling in the streets necessary to service the property for which the permit is requested.
(3) 
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.
E. 
Plans. With such application, there shall be submitted a complete set of plans and specifications, including a plot plan showing the location of the proposed building with respect to adjoining roads, highways, streets, alleys, lot lines, and buildings. Plans for commercial buildings involving the State Building Code shall bear the stamp of approval of the State Department of Safety and Professional Services. One plan shall be submitted which shall remain on file in the office of the Village Clerk. All plans and specifications shall be signed by the designer. Plans for all new one- and two-family dwellings shall comply with the provisions of § SPS 320.09(4), Wis. Adm. Code.
[Amended 8-3-2017 by Ord. No. 10-2017]
F. 
Waiver of plans. If the Building Inspector or other officer specified herein finds that the character of the work is sufficiently described in the application, he or she may waive the filing of plans for alterations, repairs, or moving.
[Amended 8-3-2017 by Ord. No. 10-2017]
G. 
Approval of plans.
[Amended 8-3-2017 by Ord. No. 10-2017]
(1) 
If the Building Inspector or other officer specified herein determines that the building will comply in every respect with all ordinances and orders of the Village and all applicable laws and orders of the State of Wisconsin, he or she shall issue a building permit which shall state the use to which said building is to be put. Building permits shall be displayed in a conspicuous place on the premises where the authorized building or work is in progress at all times during construction or work thereon. After being approved, the plans and specifications shall not be altered in any respect which involves any of the above-mentioned ordinances, laws, or orders, or which involves the safety of the building or the occupants, except with the written consent of the Building Inspector or other officer specified herein.
(2) 
In case adequate plans are presented for part of the building only, the Building Inspector or other officer specified herein may issue a permit for that part of the building before receiving the plans and specifications for the entire building.
H. 
Permit lapses. A building permit shall lapse and be void unless building operations are commenced within six months or if construction has not been completed within one year from the date of issuance thereof.
I. 
Revocation of permits.
(1) 
The Building Inspector or other officer specified herein may revoke any building, plumbing, or electrical 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:
[Amended 1-4-2016 by Ord. No. 1-2016; 8-3-2017 by Ord. No. 10-2017]
(a) 
Whenever the Building Inspector or other officer specified herein 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 order has been issued to him.
(b) 
Whenever the continuance of any construction becomes dangerous to life or property.
(c) 
Whenever there is any violation of any condition or provisions of the application for permit or of the permit.
(d) 
Whenever, in the opinion of the Building Inspector or other officer specified herein, there is inadequate supervision provided on the job site.
(e) 
Whenever any false statement or misrepresentation has been made in the application for permit, plans, drawings, data specifications or certified lot or plot plan on which the issuance of the permit or approval was based.
(f) 
Whenever there is a violation of any of the conditions of an approval or certificate of occupancy given by the Building Inspector or other officer specified herein for the use of all new materials, equipment, methods or construction devices or appliances.
(2) 
The notice revoking a building, plumbing or electrical permit, certificate of occupancy or approval shall be in writing and may be served upon the applicant of the permit, owner of the premises and his agent, if any, and on the person having charge of construction.
[Amended 1-4-2016 by Ord. No. 1-2016]
(3) 
A revocation placard shall also be posted upon the building, structure, equipment or premises in question by the Building Inspector or other officer specified herein.
[Amended 8-3-2017 by Ord. No. 10-2017]
(4) 
After the notice is served upon the persons as aforesaid and posted, it shall be unlawful for any person to proceed thereafter with any construction operation whatsoever on the premises, and the permit which has been so revoked shall be null and void, and before any construction or operation is again resumed, a new permit, as required by this chapter, shall be procured and fees paid therefor, and thereafter the resumption of any construction or operation shall be in compliance with the regulation of this chapter. However, such work as the Building Inspector or other officer specified herein may order as a condition precedent to the reissuance of the building permit may be performed, or such work as he or she may require for the preservation of life and safety.
[Amended 8-3-2017 by Ord. No. 10-2017]
J. 
Report of violations. The police or other Village officers shall report at once to the Village Clerk any building which is being carried on without a permit as required by this chapter.
[Amended 8-3-2017 by Ord. No. 10-2017]
[Amended 8-3-1992; 1-4-2016 by Ord. No. 1-2016; 8-3-2017 by Ord. No. 10-2017]
The Village of Trempealeau delegates administration and enforcement of the Wisconsin Uniform Dwelling Code (UDC) for one- and two-family dwellings, per Chs. SPS 320 through 325, Wis. Adm. Code, and all amendments thereto, to the Trempealeau County Department of Land Management. The Trempealeau County ordinance adopting the Wisconsin Uniform Dwelling Code relating to one- and two-family dwellings, as such ordinance is amended from time to time hereafter, is hereby adopted by reference.
A. 
Portions of State Building Code adopted. Chapters SPS 361 through 366, Wis. Adm. Code (Wisconsin Commercial Building Code) are hereby adopted and made a part of this chapter with respect to those classes of buildings to which this Building Code specifically applies. Any future amendments, revisions and modifications of said Chs. 361 to 3611 incorporated herein are intended to be made a part of this Code. A copy of said Chs. 361 to 366 and amendments thereto shall be kept on file in the office of the Village Clerk.
[Amended 8-3-2017 by Ord. No. 10-2017]
B. 
State Plumbing Code adopted. The provisions and regulations of Ch. 145, Wis. Stats., and Wis. Adm. Code Chs. SPS 381 through 387 and SPS 325 are hereby made a part of this chapter by reference and shall extend over and govern the installation of all plumbing installed, altered or repaired in the Village. Any further amendments, revisions and modifications of said Wisconsin Statutes and Administrative Code herein are intended to be made part of this chapter.
C. 
State Electrical Code adopted.
(1) 
Wis. Adm. Code § SPS 324 is hereby adopted by reference and made a part of this chapter and shall apply to the construction and inspection of new one- and two-family dwellings and additions or modifications to existing one- and two-family dwellings.
(2) 
Subject to the exceptions set forth in this chapter, the Electrical Code, Volume 1, and Rules of Electrical Code, Volume 2, of the Wisconsin Administrative Code are hereby adopted by reference and made a part of this section and shall apply to all buildings, except those covered in Subsection C(1) above.
D. 
Conflicts. If, in the opinion of the Building Inspector or the Village Board, the provisions of the State Building Code adopted by Subsection A of this section shall conflict with the provisions of the Federal Housing Administration standards in their application to any proposed building or structure, the Building Inspector and/or the Village shall apply the most stringent provisions in determining whether or not the proposed building meets the requirements of this section.
[Amended 8-3-2017 by Ord. No. 10-2017]
A. 
All materials, methods of construction and devices designed for use in buildings or structures covered by this section and not specifically mentioned in or permitted by this section shall not be so used until approved in writing by the State Department of Safety and Professional Services for use in buildings or structures covered by the Wisconsin State Building Code, except sanitary appliances, which shall be approved in accordance with the State Plumbing Code.
B. 
Such materials, methods of construction and devices, when approved, must be installed or used in strict compliance with the manufacturer's specifications and any rules or conditions of use established by the State Department of Safety and Professional Services. The data, test and other evidence necessary to prove the merits of such material, method of construction or device shall be determined by the State Department of Safety and Professional Services.
Whenever the Building Inspector and Village Board find any building or part thereof within the Village to be, in their judgment, so old, dilapidated or out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human occupancy or use and so that it would be unreasonable to repair the same, they shall order the owner to raze and remove such building or part thereof or, if it can be made safe by repairs, to repair and make safe and sanitary, or to raze and remove at the owner's option, such order and proceedings shall be as provided in § 66.0413, Wis. Stats.
The purpose of any inspections under this chapter is to improve the quality of housing in the Village. The inspections and the reports and findings issued after the inspections are not intended as, nor are they to be construed, as a guarantee. In order to so advise owners and other interested persons, a disclaimer shall be included in each inspection report as follows: "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."
Private garages shall be built in accordance with the general construction standards established in the Wisconsin Uniform Dwelling Code.
[Amended 8-3-2017 by Ord. No. 10-2017]
A. 
No building within the Village of Trempealeau shall be razed without a permit from the Village Clerk-Treasurer. 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. All debris, basement walls and concrete floors shall be removed prior to filling the excavation. After all razing operations have been completed, the foundation shall be filled at least one foot above the adjacent grade, the property raked clean, and all debris hauled away. Razing permits shall lapse and be void unless the work authorized thereby is commenced within six months from the date thereof or completed within 30 days from the date of commencement of said work. Any unfinished portion of work remaining beyond the required 30 days must have special approval from the Building Inspector.
B. 
All debris must be hauled away at the end of each day for the work that was done on that day. No combustible material shall be used for backfill, but shall be hauled away. There shall not be any burning of materials on the site of the razed building without permission from the Village, Fire Department and other governmental agencies. Any building to be razed shall be inspected for asbestos, and a report provided to the Village. If any razing or removal operation under this section results in, or would likely result in, an excessive amount of dust particles in the air creating a nuisance in the vicinity thereof, the permittee shall take all necessary steps, by use of water spraying or other appropriate means, to eliminate such nuisance. The permittee shall take all necessary steps, prior to the razing of a building, through the employment of a qualified person in the field of pest control or by other appropriate means, to treat the building as to prevent the spread and migration of rodents and insects therefrom during and after the razing operations.
A. 
Application. This section shall apply to radiant heating units installed in the Village of Trempealeau. No person shall install a radiant heating unit which fails to comply with the requirements of this section or of the heating unit's manufacturer, whichever is more restrictive.
B. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
RADIANT HEATING UNIT
A room heater, or stove, or freestanding fireplace not intended for duct connections used to heat a room or rooms that use the combustion of a solid fuel such as wood or coal as a source of heat.
C. 
Permit. No person shall install or cause to be installed a radiant heating unit without first obtaining a permit from the Village Clerk. The Building Inspector or Village Clerk shall give each permit applicant the following information:
[Amended 8-3-2017 by Ord. No. 10-2017]
(1) 
The wood burned should be dry wood, preferably dry hardwood.
(2) 
The chimney flue should be checked periodically to be sure the flue is open.
(3) 
The chimney flue should be cleaned at least once a year.
D. 
Plan and data approval. Plans and data for each radiant heating unit installation shall be submitted to the Village Clerk for approval before a permit may be issued. The following data is required to be submitted with each application:
[Amended 8-3-2017 by Ord. No. 10-2017]
(1) 
The manufacturer's installation and maintenance/operations instructions. Radiant heating units shall be installed pursuant to the manufacturer's installation requirements, and in the absence thereof, pursuant to the requirements of this section.
(2) 
Proposed chimney flue and/or new chimney flue sizes.
(3) 
The number and sizes of existing vent connectors to the chimney flue.
E. 
Inspection. No person shall operate or permit the operation of a radiant heating unit without first calling for an inspection and receiving final approval from the Village Clerk.
[Amended 8-3-2017 by Ord. No. 10-2017]
F. 
Installation clearances. The clearance from combustibles for heating units shall be:
(1) 
From front of unit: 48 inches.
(2) 
From top-front and sides of unit: 36 inches.
(3) 
Chimney for vent connector: 18 inches.
G. 
Mounting of unit.
(1) 
On incombustible floors, the unit shall be mounted on a firm level base of concrete brick or other incombustible material.
(2) 
On combustible floors, the unit shall be mounted on a four-inch-thick concrete floor base with circular or rectangular holes or equivalent incombustible material so arranged that the holes will parallel the smaller dimension and be covered with sheet metal of not less than No. 24 U.S. gauge. The above-specified floor protection shall extend not less than 18 inches around the perimeter of the unit.
(3) 
With legs on combustible floors. Unit which have 18 inches or more of open space under units may be mounted on combustible floors, provided that the floor under the unit is protected with not less than 1/4 inch of asbestos millboard and covered with metal of not less than 18 inches around the perimeter of the unit. If there is less than 18 inches of open space under the base of the unit, the unit shall be mounted on two inches of concrete block, brick or other incombustible material and equally covered with sheet metal of not less than No. 24 U.S. gauge. The above-specified floor protection shall not extend less than 18 inches around the perimeter of the unit.
H. 
Size and type of chimney. An approved chimney shall be used for solid-fuel-burning equipment. All residential buildings shall be required to have a Class "A" chimney, except as provided in Wis. Adm. Code § SPS 323.04 and 323.11. The chimney shall be sized so that the cross-sectional area of the chimney is not smaller than the cross-sectional area of the flue collar of the equipment to be connected to it. Other equipment shall not be connected to the flue serving the solid-fuel-burning equipment. Masonry chimney constructed according to the requirements of Chapter 813 of the Federal Housing Administration Minimum Property Standards FHA. Number 30 and factory-built chimneys bearing a listing by a nationally recognized testing laboratory such as Underwriters will be considered as approved.
I. 
Chimney connector. The chimney connector shall conform to Chapter 813 of the Federal Housing Administration Minimum Standards.
J. 
Damper. The chimney connector shall have a cast-iron damper to control the draft.
K. 
Combustion air. If the Inspector, after examination of the unit, deems it necessary to add combustion air, the size of the opening shall not be less than the cross-sectional area of the flue collar size of the unit.
L. 
Blower. A blower, where used, should have adequate protection such as a screen to prevent material from being inserted into the assembly.
M. 
Electrical connections. The electrical connections, control and wiring, where used, should conform to Village Electrical Codes.
N. 
Thermostat control. The thermostat controls, where used, shall activate the blower motor at a temperature of 100° F. to 120° F.
O. 
Reinspections. Heating units and chimneys shall be reinspected following a chimney fire before renewed operation for compliance with this section.
A. 
Basement subflooring. First-floor subflooring shall be completed within 60 days after the basement is excavated.
B. 
Fencing of excavations. The owner of any premises on which there exists an opening or excavation which is located in close proximity to a public sidewalk or street right-of-way as to constitute a hazard to pedestrian or vehicular traffic shall erect a fence, wall or railing at least four feet high between such opening or excavation and the public right-of-way.
C. 
Closing of abandoned excavations. Any excavation for building purposes or any uncovered foundation which shall remain open for more than two months shall be deemed abandoned and a nuisance and the Zoning Administrator shall order that unless the erection of the building or structure on the excavation or foundation shall commence or continue forthwith, suitable safeguards shall be provided to prevent accidental injury to children or other frequenters or that the excavation or foundation be filled to grade. Such order shall be served upon the owner of record or the owner's agent, where an agent is in charge of the premises, and upon the holder of an encumbrance of record in the manner provided for service of a summons in the circuit court. If the owner or the holder of an encumbrance of record cannot be found, the order may be served by posting it on the premises and make publication in the official newspaper for two consecutive publications at least 10 days before the time for compliance stated in the order commences to run. Such time shall be not less than 14 nor more than 20 days after service. If the owner of the land fails to comply with the order within the time required, the Zoning Administrator shall cause the excavation or foundation to be filled to grade. The cost of such abatement shall be charged against the real estate and entered on the next succeeding tax roll as a special charge and shall bear interest at a rate established by the Village Board from the date of the report by the Zoning Administrator on the cost thereof, pursuant to the provisions of § 66.0627, Wis. Stats.
[Amended 1-4-2016 by Ord. No. 1-2016; 8-3-2017 by Ord. No. 10-2017]
A. 
Discharge. No person shall cause, allow or permit any roof drain, surface drain, subsoil drain, drain from any mechanical device, gutter, ditch, pipe, conduit, sump pump or any other object or thing used for the purposes of collecting, conducting, transporting, diverting, draining or discharging clear water from any part of any private premises owned or occupied by said person to discharge into a sanitary sewer.
B. 
Nuisance. The discharge into a sanitary sewer from any roof drain, surface drain, subsoil drain, drain from any mechanical device, gutter, ditch, pipe, conduit, sump pump or any other object or thing used for the purposes of collecting, conducting, transporting, diverting, draining or discharging clear water from any part of any private premises is hereby declared to be a public nuisance and a hazard to the health, safety and well-being of the residents of the Village and to the protection of the property.
C. 
Groundwater. Where deemed necessary by the Building Inspector or Village wastewater superintendent, every new house shall have a sump pump installed for the purpose of discharging clear waters from foundation drains and ground infiltration and, where the building is not serviced by a storm sewer, shall either discharge into an underground conduit leading to a drainage ditch, gutter, dry well or shall discharge onto the ground surface in such other manner as will not constitute a nuisance as defined herein.
[Amended 8-3-2017 by Ord. No. 10-2017]
D. 
Stormwater. All roof drains, surface drains, drains from any mechanical device, gutters, pipe, conduits or any other objects or things used for the purpose of collecting, conducting, transporting, diverting, draining or discharging stormwater shall be discharged either to a storm sewer, a dry well, an underground conduit leading to a drainage ditch or onto the ground surface in such other manner as will not constitute a nuisance as defined herein.
E. 
Storm sewer lateral. Where municipal storm sewers are provided and it is deemed necessary by the property owner and/or the Village to discharge clear waters from a parcel of land, a storm sewer lateral shall be installed and connected to the storm sewer main at the expense of the owner.
F. 
Conducting tests. If the Building Inspector or Village wastewater superintendent suspects an illegal clear water discharge as defined by this chapter or by any other applicable provision of the Wisconsin Administrative Code as it may, from time to time, be amended, he or she may, upon reasonable notice and at reasonable times, enter the private premises where such illegal clear water discharge is suspected and conduct appropriate tests to determine whether such suspected illegal clear water discharge actually exists.
[Amended 8-3-2017 by Ord. No. 10-2017]
Each unit of a duplex shall have a separate water and sewer services.
A. 
General requirements.
(1) 
No person shall move any building or structure upon any of the public ways of the Village without first obtaining a permit therefor from the Village Clerk-Treasurer and upon the payment of the required fee. Every such permit issued by the Village Clerk-Treasurer for the moving of a building shall designate the route to be taken, the conditions to be complied with and shall limit the time during which said moving operations shall be continued.
(2) 
A report shall be made to the Superintendent of Streets and the Electric Superintendent with regard to possible tree damage and electric line moving. The actual cost of trimming, removal and replacement of public trees shall be a condition of the permit. Actual costs to move power lines and any other associated costs incurred by the Village as a result of moving the building shall also be charged to the permit holder.
[Amended 1-4-2016 by Ord. No. 1-2016]
(3) 
Issuance of moving permit shall further be conditioned on approval of the moving route by the Superintendent of Streets and Village Police Officer and meet requirements of Chapter 440.
[Amended 1-4-2016 by Ord. No. 1-2016]
B. 
Continuous movement. The movement of buildings shall be a continuous operation during all the hours of the day and at night, until such movement is fully completed. All such operations shall be performed with the least possible obstruction to thoroughfares. No building shall be allowed to remain overnight upon any street crossing or intersection or so near thereto as to prevent easy access to any fire hydrant or any other public facility. Lights shall be kept in conspicuous places at each end of the building during the night.
C. 
Street repair. Every person receiving a permit to move a building shall, within one day after said building reaches its destination, report that fact to the Village Zoning Administrator, who shall thereupon in the company of the Superintendent of Streets, inspect the streets, highways and curbs and gutters over which said building has been moved and ascertain their condition. If the removal of said building has caused any damage to any street or highway, the person to whom the permit was issued shall forthwith place them in as good repair as they were before the permit was granted. On the failure of the said permittee to do so within 10 days thereafter to the satisfaction of the Village Board, the Village shall repair the damage done to such streets and hold the person obtaining such permit and the sureties on his or her bond responsible for the payment of same.
[Amended 8-3-2017 by Ord. No. 10-2017]
D. 
Conformance with code. No permit shall be issued to move a building within or into the Village and to establish it upon a location within the said Village until the Village Zoning Administrator has made an investigation of such building at the location from which it is to be moved and is satisfied from such investigation that said building is in a sound and stable condition and of such construction that it will meet the requirements of this Building Code in all respects. A complete plan of all further repairs, improvements and remodeling with reference to such building shall be submitted to the Building Inspector, and he or she shall make a finding of fact to the effect that all such repairs, improvements and remodeling are in conformity with the requirements of this Building Code and that, when the same are completed, the building as such will so comply with said Building Code. In the event a building is to be moved from the Village to some point outside the boundaries thereof, the provisions with respect to the furnishing of plans and specifications for proposed alterations to such building may be disregarded.
[Amended 8-3-2017 by Ord. No. 10-2017]
E. 
Bond.
[Amended 1-4-2016 by Ord. No. 1-2016; 8-3-2017 by Ord. No. 10-2017]
(1) 
Before a permit is issued to move any building over any public way in the Village, the party applying therefor shall give a bond to the Village of Trempealeau in a sum to be fixed by the Village Zoning Administrator and which shall not be less than $1,000,000 said bond to be executed by a corporate surety or two personal sureties to be approved by the Village Board or designated agent conditioned upon, among other things, the indemnification to the Village for any costs or expenses incurred by it in connection with any claims for damages to any persons or property, and the payment of any judgment together with the costs and expenses incurred by the Village in connection therewith arising out of the removal of the building for which the permit is issued.
(2) 
Unless the Village Superintendent of Streets, upon investigation, shall find it to be a fact that the excavation exposed by the removal of such building from its foundation shall not be so close to a public thoroughfare as to permit the accidental falling therein of travelers or the location, nature and physical characteristics of the premises and the exposed excavation, such as to make intrusion upon the premises and the falling into such excavation of children under 12 years of age unlikely, the bond required by Subsection E(1) shall be further conditioned upon the permittee erecting adequate barriers and within 48 hours, filling in such excavation or adopting and employing such other means, devices or methods approved by the Village Superintendent of Streets and reasonably adopted or calculated to prevent the occurrences set forth herein.
F. 
Insurance. The Village Zoning Administrator shall require, in addition to said the said bond above indicated, public liability insurance in a sum not less than $1,000,000 or such other coverage as deemed necessary.
[Amended 1-4-2016 by Ord. No. 1-2016; 8-3-2017 by Ord. No. 10-2017]
[Amended 10-3-1994; 8-3-2017 by Ord. No. 10-2017]
The fees for building permits under this chapter shall be established by the Trempealeau County Board.
[Amended 1-4-2016 by Ord. No. 1-2016]
Whenever any construction in an area previously platted and for which the fee required under § 512-16E, if applicable, has not been paid previously, if the construction will result in the creation of more than one dwelling unit, as that term is defined in § 520-135 of the Village of Trempealeau Code, on a platted lot, the person applying for the building permit shall pay, at the time of filing the building permit application and in addition to the fee established under § 205-15, a surcharge equal to the surcharge imposed under § 512-16E, Fee in lieu of dedication.
If any section, clause, provision or portion of this chapter, or of the Wisconsin Administrative Code adopted by reference, is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remaining provisions shall not be affected.
A. 
Any building or structure hereafter erected, enlarged, altered or repaired or any use hereafter established in violation of the provisions of this chapter shall be deemed an unlawful building, structure or use. The Zoning Administrator and the Village Superintendent of Streets shall promptly report all such violations to the Village Board and Village Attorney who shall bring an action to enjoin the erection, enlargement, alteration, repair or moving of such building or structure of the establishment of such use or to cause such building, structure or use to be removed, and such violation may also be subject to a penalty as provided in general penalty provisions 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 constitute a defense. Compliance with the provisions of this chapter may also be enforced by injunctional order at the suit of the owner or owners of any real estate within the jurisdiction of this chapter.
[Amended 8-3-2017 by Ord. No. 10-2017]
B. 
Notice of violation.
(1) 
If an inspection reveals a noncompliance with this chapter or the Uniform Dwelling Code, the Building Inspector or other officer specified herein 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 § SPS 320.21(3), Wis. Adm. Code.
[Amended 8-3-2017 by Ord. No. 10-2017]
(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 or other officer specified herein after satisfactory evidence has been supplied that the cited violation has been corrected.
[Amended 8-3-2017 by Ord. No. 10-2017]
(3) 
Each day each violation continues after the thirty-day written notice period has run shall constitute a separate offense. Nothing in this chapter shall preclude the Village from maintaining any appropriate action to prevent or remove a violation of any provision of this chapter or the Uniform Dwelling Code.
(4) 
If any construction or work governed by the provisions of this chapter or the Uniform Dwelling Code is commenced prior to the issuance of a permit, double fees shall be charged.
C. 
Any person feeling aggrieved by an order or a determination of the Building Inspector or other officer specified herein and not under the jurisdiction of the Trempealeau County Uniform Dwelling Code may appeal from such order or determination to the Board of Appeals. Those procedures customarily used to effectuate an appeal to the Board of Appeals shall apply.
[Amended 8-3-2017 by Ord. No. 10-2017]
D. 
Except as may otherwise be provided by the statute or this chapter, no officer, agent or employee of the Village of Trempealeau charged with the enforcement of this chapter shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this chapter. Any suit brought against any officer, agent or employee of the Village as a result of any act required or permitted in the discharge of his duties under this chapter shall be defended by the legal representative of the Village until the final determination of the proceedings therein.