[Prior code § 14.01; amended by Ord. 217, 2002]
The provisions of this building code shall govern the design,
construction, alteration, demolition and moving of all buildings and
structures.
[Prior code § 14.02; amended by Ord. 217, 2002]
These regulations shall be known as the "Municipal Building
Code." In this title, hereafter, they will be cited as "the building
code."
[Prior code § 14.03; amended by Ord. 217, 2002; 11-16-2020 by Ord. No.
312]
The Wisconsin Administrative Codes and associated codes are
adopted by reference, as well as any and all subsequent revisions
that may be made from time to time, including Chs. SPS 361 through
366, Wis. Adm. Code (Wisconsin State Building Code), which are hereby
adopted and made 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. SPS 361
through 366 incorporated herein are intended to be made part of this
Code. A copy of said Chs. SPS 361 through 366 and amendments thereto
shall be kept on file in the office of the Building Inspector.
[Prior code § 14.06.6; amended by Ord. 217, 2002]
For the purposes of this building code, the following words
and phrases, not herein otherwise defined, shall have the meanings
accepted by common usage.
A detached building, not used as a dwelling unit but is incidental
to that of the main building and which is located on the same lot.
"Accessory building" does not mean farm building.
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 same ownership.
A public way not more than 30 feet wide which affords only
a secondary means of access to abutting property.
The specified maximum permissible stress of a material expressed
in load per unit area.
A substantial change or modification other than an addition
or repair to a dwelling or to systems involved within a dwelling.
A room or suite of rooms in a multifamily structure which
is arranged, designed, used or intended to be used as a single housekeeping
unit with complete kitchen facilities permanently installed.
An approval from the Village Building Inspector or his or
her authorized representative or the Department of Commerce, Safety
and Building Department. (Approval is not to be construed as an assumption
of any legal responsibility for the design or construction of the
dwelling or building component.)
As applied to dimensions, the maximum horizontal projected
area of a building, structure, room, apartment or open space, not
including overhangs.
Any subsystem, subassembly, or system designed for use in
or as part of a structure which may include structural, electrical,
mechanical, plumbing and fire protection systems and other systems
affecting health and safety.
The officer charged with the administration and enforcement
of this building code or his or her authorized deputy. Same for "building
official."
A building erected prior to adoption of this code or one
for which a legal building permit has been issued.
The actual cubic space enclosed within the outer surfaces
of the outside or enclosed walls, outer surfaces of the outside or
enclosed walls, outer surfaces of the roof and the finished surfaces
of the lowest floors of a building structure. It does not include
the contents of courts which are open to the sky.
The vertical load due to all permanent structural and nonstructural
components of the building such as joists, rafters, sheathing, finishes
and construction assemblies such as wall, partitions, floor, ceilings,
roofs and systems. See "loads."
Degree days are figured as the number of degrees the mean
outdoor temperature deviates from 65° F. each day during the heating
seasons. Note: For example, if, on December 15th. the low temperature
is 30° F. and the high temperature is 50° F., the mean temperature
would equal (30+50) divided by 2 = 40° F., therefore 65-40 = 25°
days.
The State of Wisconsin Department of Commerce.
Any building which is not physically connected to the main
structure.
An individual, or two or more persons related by blood, marriage
or adoption, or a group of not more than five persons who need not
be related by blood or marriage, living together in a dwelling unit.
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 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.
The date of issuance of the building permit.
The assembly of a manufactured building on site and the process
of affixing a manufactured building to land, a foundation, footing
or an existing building.
The beam or girder placed over an opening in a wall which
supports the wall construction above.
A parcel of land having frontage on a public street or other
officially approved means of access, occupied or intended to be occupied
by a principal structure or use. See Zoning Code, Title 17.
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.
Any city, village, town or county in this state.
A lawfully existing building, premises, structure, use, materials,
or equipment which does not conform to the requirements of this building
code.
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 building code.
Any person having a legal or equitable interest in the dwelling.
The designation for the unit permeance which is a substitute
for the unit, one grain per (hour) (square foot) (inch of mercury
vapor pressure difference).
Any individual, persons, partnerships, firm, organization,
association, corporation, their agents, heirs or assigns.
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 provision of this building code.
As used herein is mandatory; same for "must."
The actual area in square feet enclosed by the exterior perimeter
of the building walls on each separate floor level.
A branch of the physical sciences which uses the principles
of mechanics in analyzing the impact of loads and forces and their
effect on the physical properties of materials in the form of internal
stress and strain.
As specifically regulated by this building code, anything
which is constructed, erected and framed of component parts, such
as buildings, towers, masts, poles, booms, signs, decorations, machinery
and equipment.
Any construction methods or materials not covered by this
code.
A device or seal approved by the Department of Commerce to
certify compliance with this building code.
[Prior code § 14.04; amended by Ord. 217, 2002]
The Village Board shall appoint a Building Inspector or consultant
who shall be a certified in all areas of residential and commercial
building inspection by the State of Wisconsin, Department of Commerce.
A.
Duties. The Building Inspector is vested with the authority and responsibility
to enforce all laws controlling safe building construction.
1.
If the Building Inspector finds that the proposed building will comply
in every respect with this building code, other municipal ordinances,
and all laws of the State of Wisconsin, and lawful orders issued pursuant
thereto, he or she 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 Building Inspector filed with such application.
2.
In case adequate plans are presented, the Building Inspector, at
his or her discretion, may issue a permit for a part of the building
before receiving the plans and specifications of the entire building.
It is unlawful to 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 Building Inspector
from thereafter requiring the correction of errors in the 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.
3.
For the construction of buildings requiring approval of the Wisconsin
Department of Commerce, no permit shall be issued until such approved
plans are received by the Building Inspector.
B.
Right of Entry for Inspection.
1.
Whenever any officer or employee of the Village is authorized to
enter any building or premises for the purpose of making an inspection
to enforce any ordinance, the officer or employee may enter such building
or premises at all reasonable times to inspect the same; provided
that the officer or employee shall effect entry in the manner provided
in Subsection B2 of this section, except in emergency situations,
or when consent of the person having charge or control of such building
or premises has been otherwise obtained.
2.
If the building or premises to be inspected is occupied, the authorized
officer or employee shall first present proper credentials and demand
entry; and if such building or premises is unoccupied, the officer
or employee shall first make a reasonable effort to locate the owner
or other person having charge or control of the building or premises
and demand entry. If consent to such entry is not given, the authorized
officer or employee shall have recourse to every remedy provided by
law to secure entry.
3.
Subsection B2 of this section shall be controlling over any other
ordinance or part of an ordinance on the same subject, whether heretofore
or hereafter adopted, unless such ordinance or part of an ordinance
provides differently by an express reference to said subsection. Notwithstanding
any other ordinance of this Village, whether heretofore or hereafter
adopted, it shall not be a violation of this title to refuse or fail
to consent to an entry for inspection.
C.
Records. There shall be kept a record of all applications for building
permits in a book for such purposes, and each permit shall be regularly
numbered in the order of its issue, and the cost of each building
and aggregate cost of all buildings in the various classes shall be
kept. There shall be kept a record of all inspections made of all
removal and condemnations of buildings and a record of all fees collected,
showing the date of their receipt. The Building Inspector shall make
a written annual report to the governing body of the municipality
relative to these matters.
[Prior code § 14.05; amended by Ord. 246, 2007;
Ord. 217, 2002]
A.
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 shall first be obtained by the owner or his or her
agent from the Building Inspector. Permits required are as follows:
B.
Application for Permits.
1.
The application for permits shall be made in writing upon a blank
form to be furnished by the Building Inspector 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, 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 Building Inspector may require.
With such application, there shall be submitted to the Building Inspector
two complete sets of plans, specifications and two copies of a survey.
2.
Survey. The survey shall be prepared and certified by a surveyor
registered by the State of Wisconsin; shall be made in no case prior
to 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:
a.
Location and dimensions of all buildings on the lot, both existing
and proposed;
b.
Dimensions of the lot;
c.
Dimensions showing all setbacks of all buildings on the lot;
d.
Proposed grade of proposed structure to Village datum;
e.
Grade of lot and of road opposite lot;
f.
Grade and setback of adjacent buildings. If adjacent lot is
vacant, submit elevation of nearest buildings on same side of road;
g.
Type of monuments at each corner lot;
h.
Watercourses or existing drainage ditches;
i.
Seal and signature of surveyor.
3.
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 will 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.
All plans shall remain on file with the Building Inspector until at
least one year after the completion of the building, after which time
the Building Inspector may return the same to the owner, may keep
them for public record or may destroy them. A complete set of plans
for residential construction shall consist of:
a.
All elevations;
b.
All floor plans:
c.
Complete construction details:
d.
Fireplace details (3/4 inch per foot) showing cross section
of fireplace and flues;
e.
Plans of garage when garage is to be built immediately or location
of garage when it is to be built at a later date:
f.
Post-Foundation Survey. Within 10 working days from the date
a foundation is installed, backfilled, and rough graded, and prior
to any additional work being performed, a post-foundation survey shall
be submitted to the Zoning Administrator. The Zoning Administrator
shall not authorize any additional construction work to be performed
until and unless a survey is submitted which shows:
4.
Waiver of Some Requirements. At the option of the Building Inspector,
plans, data, specifications and survey need not be submitted with
an application for any building, structure or equipment, provided
the proposed construction is sufficiently described in the application
for the permit.
5.
Seal of Registered Engineer or Architect. All plans, data, and specifications
for the construction of any commercial building or structure or for
any construction in connection with existing commercial buildings
and structures, other than one- and two-family residences, 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 of the State
of Wisconsin. 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 will
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 Building Inspector
with the application for a permit.
6.
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 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 at all times.
7.
Stormwater Drains and Sump Pumps. No dwelling shall be erected nor
shall existing provision 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 in such a manner that such water
will not, directly or indirectly, pass thence 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. When a sump pump is deemed necessary by the Building
Inspector or the Public Works Superintendent, for the purposes of
discharging clear waters from foundation drains and ground infiltration,
said sump pump shall not be connected directly or indirectly with
the sanitary sewer system.
[Amended 6-17-2019 by Ord. No. 310]
8.
Drainage. No water shall be discharged from any roof or conductor
pipes upon any public walk, but shall be conducted underneath the
walk in a manner approved by the Building Inspector.
9.
Moving Damaged Buildings. No building shall be repaired, altered
or moved within or into the Village that has deteriorated 50% or more
of its equalized value, or has been damaged by any cause (including
moving and separation from its foundation and service connections
in case of moved buildings), and no permit shall be granted to repair,
alter or move such building within or into the Village.
10.
Inspector May Revoke Permits.
a.
The Building Inspector may revoke any permit, certificate of
occupancy, or approval issued under the regulations of this code and
may stop construction or use of approved new materials, equipment,
devices, method of construction, or appliances for any of the following
reasons.
i.
Whenever there is a violation of any regulation of this building
code or of any other ordinance, law or lawful order or Wisconsin Statutes/Administrative
Code relating to the same subject matter;
ii.
Whenever the continuance of any construction becomes dangerous
to life or property;
iii.
Whenever there is any violation of any condition
or provisions of the application for permit or of the permit;
iv.
Whenever in the opinion of the Building Inspector there is inadequate
supervision provided on the job site;
v.
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
for approval was based;
vi.
Whenever there is a violation of any of the conditions of an
approval or occupancy given by the Building Inspector for the use
of all new materials, equipment, methods of construction, devices
or appliances.
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, or his or her agent, if any, and on the person
having charge of construction.
c.
A revocation placard shall also be posted upon the building,
structure, equipment, or premises in question by the Building Inspector.
d.
After the notice is served upon the persons as aforesaid and
posted, it is unlawful for any person to proceed thereafter with any
construction or 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 code,
shall be procured and fees paid therefor, and thereafter the resumption
of any construction or operation shall be in compliance with the regulations
of this building code.
C.
Fees. Before receiving a building permit, the owner or his or her
agent shall pay the fees specified in Tables No. I, II, III and IV
set out at the end of this chapter.[1] In applying the provision of this building code in respect
to new work, existing buildings, alterations and repairs, the physical
value of the work shall be determined by the Building Inspector on
the basis of current costs.
[Prior code § 14.06.10; amended by Ord. 217, 2002]
It is unlawful to commence work prior to obtaining a permit.
Therefore, double fees shall be charged if work is commenced prior
to the issuance of a permit.
[Prior code § 14.06; amended by Ord. 217, 2002]
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 building code (except as delimited in Section 15.04.030).
A.
Zoning Laws. No provision of this building code shall be construed
to repeal, modify, or constitute an alternative to any lawful zoning
regulations.
B.
New Buildings. The construction requirement of this building code
shall apply to all buildings.
C.
Existing Buildings. Modifications, alteration, repairs or additions
shall be in compliance with this building code.
D.
Accessory Structures. Construction requirements of this building
code shall apply to all accessory structures.
E.
Razing of Buildings. The Building Inspector is authorized to act
for the municipality under the provisions of Section 66.04(2)(a) of
the Wisconsin Statutes, relating to the razing of buildings, and all
acts amendatory thereof and supplementary thereto.
[Prior code § 14.06.1; amended by Ord. 217, 2002]
[Prior code § 14.06.2; amended by Ord. 217, 2002]
A.
General. 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 Building Inspector and upon payment of the required
fee. Every such permit issued by the Building Inspector for moving
of a building shall designate the route to be taken, the conditions
to be complied with, and shall limit the time during which the moving
operations shall be continued.
1.
Before the Building Inspector shall issue a permit, reports and conditions
for approval by all public utilities, including the existing site,
the proposed moving route and the proposed site, shall be placed on
file with the Building Inspector.
2.
A report shall be made by the street superintendent with regard to
possible damage to trees. The estimated cost of trimming, removal
and replacement of public trees, as determined by the street superintendent,
shall be paid to the Village Treasurer prior to issuance of the moving
permit.
3.
Issuance of the moving permit shall further be conditioned on approval
of the moving route by the street superintendent.
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 the building reaches its destination,
report that fact to the Building Inspector, who shall thereupon, in
the company of the street superintendent, inspect the streets or highways
over which the building has been moved and ascertain their condition.
If the removal of the building has caused any damage to any street
or highway, the person to whom the permit was issued shall place them
in good repair as they were before the permit was granted. On the
failure of the permittee to do so within 10 days thereafter to the
satisfaction of the governing body, the body 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.
D.
Conformance With Municipal Code. No permit shall be issued to move
a building within or into the Village and to establish it upon a location
within the Village until the Building Inspector has made an investigation
of such building at the location from which it is to be moved and
is satisfied from such investigation that the building is in sound
and stable condition and of such construction that it will meet the
requirements of this municipal building code in all aspects. 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 same are completed, the building
as such will so comply with this municipal 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.
E.
Bond.
1.
Deposit Required. The applicant shall, at the time of application,
deposit with the Village Clerk $1,000 to cover the costs to the utilities
of whatever work is necessary to permit moving of the building and
damages to property resulting from such moving. Upon completion of
the moving, the street superintendent shall inspect the route and
report to the Village Clerk any damages and the estimated amount thereof
caused to the streets and any public or private property. Upon payment
of the utilities' expenses and settlement of all damage claims, the
Village Clerk shall release the balance of the deposit remaining.
The applicant shall be liable for any costs and damages exceeding
the deposit.
2.
Unless the Building Inspector, 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 the public thoroughfare
as to permit the accidental falling therein of travelers or the locations,
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 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 Building Inspector and reasonably adopted or calculated to
prevent the occurrence as set forth herein.
3.
Insurance. The Building Inspector shall require, in addition to the
bond above indicated, public liability insurance covering injury to
one person in the sum of not less than $100,000 and for one accident
in a sum not less than $200,000, together with property damage insurance
in a sum not less than $50,000 or such coverage as deemed necessary.
F.
Plan Commission.
1.
No such permit shall be issued unless it has been found as a fact by at least a majority vote of the Village Plan Commission, after an examination of the application for the permit which shall include exterior elevations of the building and accurate photographs of all sides and views of the same, and in case it is proposed to alter the exterior of such buildings, plans and specifications of such proposed alterations, and after a view of a building proposed to be moved and of the site at which it is to be located, that the exterior architectural appeal and functional plan of the building to be moved or moved and altered will not be so at variance with either the exterior architectural appeal and functional plan of the buildings already constructed or in the course of construction in the immediate neighborhood, or the character of the applicable district established by the zoning ordinances of the Village or any ordinance amendatory thereof or supplementary thereto, as to cause a substantial depreciation in the property values of the neighborhood within and the applicable district. In case the applicant proposes to alter the exterior of the building after moving the same, he or she shall submit, with his or her application papers, complete plans and specifications for the proposed alterations. Before a permit shall be issued for a building to be moved and altered, the applicant shall give a bond to the Village Plan Commission, which shall not be less than $1,000 to be executed in the manner provided in Section 15.04.100E1, to the effect that he or she will, within a time to be set by the Plan Commission, complete the proposed exterior alterations to the building in the manner set forth in his or her plans and specifications. This bond shall be in addition to any other bond or surety which may be required by other applicable ordinances of the Village. No occupancy permit shall be issued for the building until the exterior alterations proposed to be made have been completed.
2.
Upon application being made to the Building Inspector, he or she
shall request a meeting of the Plan Commission to consider application
for moving permits which he or she has found comply in all respects
with the Municipal Code. The Plan Commission may, if it desires, hear
the applicant for the moving permit in question and/or the owner of
the lot on which it is proposed to locate the building in question,
together with any other persons, either residents or property owners,
desiring to be heard, giving such notice of hearing as it deems sufficient.
Such hearing may be adjourned for a reasonable length of time, and
within 48 hours after the close of the hearing, the Plan Commission
shall, in writing, make or refuse to make the finding required by
hereof and file it in the office of the Clerk, who shall send a copy
to the Building Inspector.
[Prior code § 14.06.3; amended by Ord. 217, 2002]
Before a building can be demolished or removed, the owner or
agent shall notify all utilities having service connections within
the building, such as water, electric, gas, sewer and other connections.
A permit to demolish or to remove a building shall not be issued until
it is ascertained that service connections and appurtenant equipment,
such as meters and regulators, have been removed and sealed and plugged
in a safe manner. Excavations shall be filled with solid fill to match
lot grade within five days of removal of the structure. Any excavation
shall be protected with appropriate fences and barriers and/or lights.
A.
Sewer Laterals. In any case where the use of a sewer lateral is discontinued
due to moving or removal of a building, such lateral shall be cut
off and properly plugged at the curbline.
B.
Water Laterals. In any case where the use of a water lateral is discontinue
due to moving or removal of a building, such lateral shall be cut
off and capped at the curbline or valve box.
[Prior code § 14.06.4; amended by Ord. 217, 2002]
Whenever the provisions of this building code or of the plans
approved thereunder are not complied with, a stop order shall be served
on the owner or his or her representative, and a copy thereof shall
be posted at the site of the construction. Such stop work order shall
not be removed except by notice of the Building Inspector after satisfactory
evidence has been supplied that the violation has been corrected.
[Prior code § 14.06.5; amended by Ord. 217, 2002]
A.
Inspections.
1.
The Building Inspector shall make a final inspection of all new buildings,
additions and/or alterations. If no violations of this or any other
ordinances are found, the Building Inspector shall issue a certificate
of occupancy, stating the purpose for which the building is to be
used.
2.
No building, nor 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.
B.
Use Discontinued.
1.
Whenever any building or portion thereof is being used or occupied
contrary to the provisions of this building code, the Building Inspector
shall order such use or occupancy discontinued and the building or
portion thereof vacated by notice served on any person using or causing
such use or occupancy to be continued and such 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 building code.
2.
Any building, structure or premises, or any part thereof hereafter
vacated or damaged by any cause whatsoever so as to jeopardize public
safety or health shall not hereafter be occupied or used under an
existing certificate of occupancy or without the same until an application
has been filed and a new certificate of occupancy issued. This subsection
shall not apply to buildings used entirely for dwelling purposes.
C.
Change. It is unlawful to change the use or occupancy of any building,
structure, premises or part thereof without first obtaining from the
Building Inspector an approval of such change in the occupancy or
use and a certificate of occupancy therefor.
D.
Hardship. The Building Inspector shall have the authority and power
to permit the occupancy of any building or structure in the Village,
prior to issuance of an occupancy certificate, in all such cases of
hardship as in his or her judgment and discretion warrant occupancy
before final state of completion as set forth in this building code.
Before granting such permission, the Building Inspector shall first
examine the premises and determine if it is safe and sanitary. The
Building Inspector shall determine the time within which such building
or structure can be completed: such time should not exceed 120 days.
[Prior code § 14.06.7; amended by Ord. 217, 2002]
All materials shall be identified by the approved label, the
grade mark, the trademark, or by other approved manufacturer's identification.
[Prior code § 14.06.9; amended by Ord. 217, 2002]
Except as may otherwise be provided by the Wisconsin Statutes
or local law or ordinance, no officer, agent or employee of the Village
charged with the enforcement of the municipal code shall render himself
or herself 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 or her duties under this building code. No person who institutes
or assists in the prosecution of a criminal proceeding under this
building code shall be liable to damages hereunder unbelieving that
the person accused or prosecuted was guilty of any unlawful act or
omission. 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 or her duties under this building code, shall be
defended by the legal representative of the Village until the final
determination of the proceedings therein.
