City of Lodi, WI Chapter 127 Building Construction

[HISTORY: Adopted by the Common Council of the City of Lodi as Ch. 18 of the City Code. Amendments noted where applicable.]

GENERAL REFERENCES

Construction site erosion control — See Ch. 147.

Drainage — See Ch. 162.

Floodplain zoning — See Ch. 184.

Impact fees — See Ch. 198.

Sewer use and wastewater disposal — See Ch. 272.

Signs — See Ch. 278.

Subdivision of land — See Ch. 300.

Utilities — See Ch. 319.

Wells — See Ch. 332.

Zoning — See Ch. 340.

§ 127-1 Title.

This chapter shall be known as the "Building Code of the City of Lodi."

§ 127-2 Purpose.

The purpose of this chapter is to provide minimum regulations, provisions and requirements in the City of Lodi to ensure safety of persons and property, safe and stable design, and good workmanship in the methods of construction and uses of materials in any buildings constructed, enlarged, altered, repaired, moved, converted to other uses or demolished, to regulate the equipment, maintenance, condition, use, occupancy and safety of all buildings in the City and to promote public health, safety and general welfare. This chapter shall apply to new structures and to alterations and additions to existing structures in the City of Lodi.

§ 127-3 Scope.

A. The sections contained in this chapter shall be binding alike upon every owner of a building, every person in charge of or responsible for or who causes the construction, repair or alteration of any building or structure, and upon every architect, professional engineer, or other person who shall prepare plans for the construction, alteration or addition to any building or structure in the City.

B. All buildings and structures and all parts thereof shall be maintained in a safe condition, and all devices or safeguards which are required at the erection, alteration or addition or repair of any building shall be maintained in good working order. This section shall not be constructed as permitting the removal or nonmaintenance of any existing devices or safeguards unless authorized in writing by the Building Inspector. Such maintenance requirements shall apply to all buildings now existing or hereafter erected.

C. This chapter shall apply to all building and structures except:

(1) Buildings erected in compliance with any codes or standards in force at the time of their construction or last change in use;

(2) Those which have been repaired and maintained so that the structures are weathertight and structural members are not hazardous to life and property; and

(3) Those which are kept free from accumulations of dirt, filth, rubbish, garbage, or other matter in or on the same or in yards, courts, passageways or other areas connected with or belonging to the same.

§ 127-4 New methods and materials.

New materials and methods may be used which meet with the requirements of this chapter.

§ 127-5 Building Inspector.

The Building Inspector shall be appointed by the Mayor, subject to confirmation by a majority of the Common Council, for a period of two years. He shall have the duties and powers hereinafter specified in this Building Code and in other ordinances and as prescribed by state law.

A. Records and reports. The Building Inspector shall keep a record of all applications for building permits in a book for such purpose and regularly number each permit in the order of its issue. He shall keep a record showing the number, description, and size of all buildings erected during his term of office, indicating the kind of materials used and the cost of each building, and the aggregate cost of all buildings of the various classes. The Building Inspector shall keep in his office and file a monthly and yearly report covering the same with the Common Council. The yearly report shall cover the period closing December 31 of each year and be filed on or before January 10 next thereafter and shall show the total amount of fees earned and a summary of the work of his office during said period.

B. Power to make decisions. The Building Inspector may pass upon any question arising under the provisions of this chapter relating to buildings, subject to conditions contained herein.

C. Authority to enter upon all premises. The Inspector may, at all reasonable times, in performance of his duties, enter upon any public or private premises and make inspections thereof and require the production of the building permit for any building, permanent building equipment, or electrical or plumbing work.

§ 127-6 Revocation of building permit.

[Amended 10-10-2006 by Ord. No. A-361]

If the Building Inspector shall find at any time that the ordinances, laws, orders, plans or specifications are not being complied with, he may revoke the building permit and written notice of such action shall be posted at the site of the work. When any such permit is revoked, no further work shall be done upon such building until the permit is reinstated, excepting such work as the Building Inspector shall by written order require to be done as a condition precedent to the reissuance of the permit.

§ 127-7 Unsafe buildings and unsightly premises.

[Amended 10-10-2006 by Ord. No. A-361]

A. Unsafe buildings.

(1) Order to comply and notice. Whenever the Building Inspector shall find that any building or structure, or any part thereof, is dangerous to life or adjoining property by reason of bad conditions, defective construction, overloaded floors, decay, lack of guards against fire, general dilapidation or any other cause, he may order the owner or tenant thereof to cause the same to be made safe or to be removed, as in the judgment of the Building Inspector may be necessary, and he may 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. The owner or tenant of such building or structure shall thereupon immediately cause the same to be made safe or to be removed, as ordered.

(2) Inspector to remove if necessary. Where the public safety requires immediate action, the Building Inspector may enter upon the premises with such assistance as may be necessary and cause the building or structure to be made safe or removed, and the expense of such work may be recovered by the City in action against the owner or tenant.

B. Unsightly premises. The Building Inspector may, by personal oral or written notice, require the owner or occupant of any premises within the City to remove therefrom and dispose of, within a reasonably stated time, any articles or materials visible to the public which he reasonably finds detrimental to the appearance, neatness and cleanliness of the neighborhood or the City in general. Any such owner or occupant failing to comply with written notice aforesaid shall be subject to a penalty as provided.

§ 127-8 General construction standards.

A. Adoption of state codes. The following codes of the State of Wisconsin are hereby made by reference a part of this chapter:

[Amended 4-2-2013 by Ord. No. A-449]

(1) The Wisconsin Administrative Code, rules of the Safety and Professional Services, Commercial Building Code, Chs. SPS 360 through 366, Wis. Adm. Code, is adopted by reference, as are all subsequent amendments, revisions or modifications of said Wisconsin Administrative Code.

(2) The Wisconsin Administrative Code, rules of the Safety and Professional Services, Flammable Liquids Code, Ch. SPS 310, Wis. Adm. Code, is adopted by reference, as are all subsequent amendments, revisions or modifications of said Wisconsin Administrative Code.

(3) The Wisconsin Administrative Code, rules of Safety and Professional Services, Heating, Ventilating and Air Conditioning Code, Ch. SPS 323, Wis. Adm. Code, is adopted by reference, as are all subsequent amendments, revisions or modifications of said Wisconsin Administrative Code.

(4) The Wisconsin Administrative Code, rules of Safety and Professional Services, Electrical Code, Ch. SPS 324, Wis. Adm. Code, is adopted by reference, as are of all subsequent amendments, revisions or modifications of said Wisconsin Administrative Code.

(5) The Wisconsin Administrative Code, rules of Safety and Professional Services, Plumbing Code, Chs. SPS 325 to 387, Wis. Adm. Code, is adopted by reference, as are all subsequent amendments, revisions or modifications of said Wisconsin Administrative Code.[1]

[1] Editor's Note: Original § 18.05(2), Reference standard, which immediately followed this subsection, was deleted 10-10-2006 by Ord. No. A-361.

B. Shelters, fences and hedges. Shelters, fences and hedges must be erected or planted within lot lines. Fences shall comply with the requirements of Chapter 340, Zoning, §§ 340-20 and 340-88 of this Code. All fences shall be maintained in a neat, sightly manner. The Building Inspector may order the removal of any fence not so maintained.

§ 127-9 Uniform Dwelling and Commercial Building Codes adopted.

A. Purpose. The purpose of this section is to:

(1) Exercise jurisdiction over the construction and inspection of new one- and two-family dwellings, multiple-family dwellings and commercial structures, and additions and alterations to existing one- and two-family dwellings, multiple-family dwellings and commercial structures;

(2) Provide plan review and on-site inspections performed by persons or agencies certified by the Department of Safety and Professional Services.

[Amended 4-2-2013 by Ord. No. A-445]

(3) Establish and collect fees to defray costs; and

(4) Provide remedies and penalties for violations.

B. Wisconsin Uniform Building Codes adopted. Chapters SPS 316, inclusive, SPS 320 through 325, inclusive, and SPS 361 through 364, inclusive, of the Wisconsin Administrative Code, as originally adopted, and all subsequent amendments are adopted and incorporated by reference. This adoption and incorporation by reference of said chapters and subsequent amendments thereto shall apply both to new construction and to additions and alterations to existing structures.

[Amended 4-2-2013 by Ord. No. A-445; 12-17-2019 by Ord. No. A-544; 1-21-2020 by Ord. No. A-545]

C. Administration by Building Inspector. This section shall be administered and enforced by the Building Inspector appointed pursuant to § 78-3A of the City Code. The Building Inspector shall be certified by the Department of Safety and Professional Services as specified in § 101.66(2), Wis. Stats.

[Amended 4-2-2013 by Ord. No. A-445]

D. Building permit required. No person shall build or cause to be built any one- or two- family dwelling, multiple-family dwelling or commercial structure without first obtaining a state uniform building permit from the City. No person shall make or cause to be made any alterations or additions to any one- or two-family dwelling, multiple-family dwelling or commercial structure without obtaining a local building permit from the City.

[Amended 10-10-2006 by Ord. No. A-361]

E. [1]Penalty. Any person violating any provision of this section shall be subject to a penalty as provided in § 127-26 of this chapter.

[Amended 4-2-2013 by Ord. No. A-444]

[1] Editor's Note: Former Subsection E, Building permit fees, was repealed 4-2-2013 by Ord. No. A-444. This ordinance also provided for the redesignation of former Subsections F and G as Subsections E and F, respectively.

F. Legal responsibility. The City of Lodi, by adoption and enforcement of the Wisconsin Uniform Dwelling Code, does not assume any legal responsibility for the design, construction or alteration of, or addition to, any structure.

[Amended 4-2-2013 by Ord. No. A-444]

§ 127-10 Moving of buildings.

A. Permit required; contents of application. No person shall move any building within or through any part of the City (whether or not the building's original location or new destination is located in the City) until the person has received a building moving permit from the Building Inspector. Application for such permit is to be made at least 30 days in advance, shall be accompanied by the fee described in Subsection C hereof, and shall state the date upon which such work will commence, a description of the building and its location, the place to which such building is intended to be moved, the name of the owner of such building, the name of the person who will perform the work, and the names of the streets and alleys along which the building shall be moved. The Building Inspector may request such supplemental information as he deems necessary.

B. Definition. For purposes of this section, the word "building" shall mean any structure which, when being transported, will exceed 13 feet in height measured from the ground up or will exceed nine feet in width, said dimensions to take into account the structure to be transported and the vehicle and any supporting timbers or other materials on which the structure is to be transported.

C. Application fee. Any person applying for a permit hereunder shall pay a nonrefundable building moving permit application fee in an amount as set by the Council by resolution per § 127-14 of this chapter.

D. Building Inspector's duties on receipt of application. Upon receipt of an application under this section, the Building Inspector shall do the following:

(1) Notify any public utilities whose lines, poles or other property may be interfered with of the application and request any such utilities to estimate the cost of taking any steps necessary to permit the building to be moved without damage to their lines, poles or other property.

(2) Notify the Public Works Committee of the Common Council of the application and request that such Committee approve or disapprove the requested permit pursuant to Subsection F hereof and, if said Committee approves issuing such a permit, that said Committee establish the proposed amount for the bond to be required of the applicant.

(3) Notify the Director of Public Works and the Chief of Police of the application and request that said officials together determine whether or not a police escort shall be required for any portion of the moving route that lies within the City of Lodi and that, if such officials determine a police escort is required, they advise the Building Inspector as to the cost of such police escort.

(4) Ask the Director of Public Works and the Superintendent of the Lodi Municipal Utilities to approve or disapprove the proposed moving route.

E. Costs to be collected and bond to be received. Before issuing a permit hereunder, the Building Inspector shall collect or receive from the applicant the following:

(1) The prepaid utility costs as estimated by any affected utility pursuant to Subsection G hereof.

(2) The prepaid costs of providing a police escort as determined under Subsection D(3) hereof.

(3) The bond required pursuant to Subsection I hereof, which bond must be submitted prior to the issuance of the permit in sufficient time that it can be approved by the Common Council. The Building Inspector is not authorized to issue the permit until such bond has received such approval from the Council.

F. Public Works Committee review. All applications hereunder shall be submitted to the Public Works Committee of the Council for its review and approval. Said Committee shall have the right to disapprove any application for moving of a building that, in the opinion of the Committee, may interrupt City or utility services or inhibit public safety. If the Public Works Committee approves any such application, it shall establish a proposed amount for the bond to be required of the applicant.

G. Utility cost to be paid. The costs to all public utilities whose lines, poles or other property may be interfered with of taking any steps necessary to permit the building to be moved without damage to their lines, poles or other property shall be paid by the applicant. Such utilities shall prepare an estimate of taking such steps, and the Building Inspector shall require the applicant to prepay any such estimated costs to such utilities as a precondition to granting of the permit (although the applicant shall remain liable to any such utility for any unpaid portion of the actual cost to such utility of taking such protective steps).

H. Contents of permit; regulations. Every permit to move a building shall state all conditions to be complied with, designate the route to be taken and the limit of time for completing the move. The moving of a building shall be continuous during all hours of the day, and day by day, and at night if the Building Inspector shall so order, until completed, with the least possible obstruction to thoroughfares. Warning lights shall be kept in conspicuous places at each end of the building during the night.

I. Bond required. Before a permit to move any building is granted, the applicant shall give a bond in an amount as established by the Public Works Committee of the Common Council with good and sufficient sureties, conditioned, among other things, that the party will pay for the repair of any damage to City property and property of any City-owned utility resulting from the moving of the building and will save harmless and indemnify the City and its utilities against all liabilities, judgments, costs and expenses that may accrue in consequence of the granting of such permit. The surety and the terms of the bond shall be subject to approval by the Common Council.

J. Issuance of permit. After all of the above requirements have been met, the Building Inspector shall have the final authority to issue or deny the permit; provided, however, that he shall not have the authority to issue a permit if the Public Works Committee has disapproved the application or the Director of Public Works or the Chief of Police has disapproved the moving route, unless changes are made to the application which satisfy said Committee and/or officials.

K. Inspection and repair of streets and other City property. Every person receiving a permit to move a building shall, within one day after the building has reached its destination, report that fact to the Director of Public Works. The Director of Public Works shall thereupon inspect the streets and highways over which the building has been moved and other property of the City and its utilities along such route and ascertain the condition thereof. If the moving of the building has caused any damage to the streets or highways or other property of the City or its utilities, the Director of Public Works shall arrange for the repair of such damage, with the cost thereof to be billed to the applicant. Upon failure of the applicant to pay such bill within 15 days after mailing thereof to the applicant at the applicant's address as shown on the application, whether or not such mailing is received or accepted by the applicant, the City may hold the sureties of the bond given by the applicant responsible for the payment of the same.

§ 127-11 Towers, poles and antennas.

[Amended 10-10-2006 by Ord. No. A-361]

A. Scope. No antenna, pole or tower of any type shall be erected in the City on any property whose height from its base is such that were it to fall or be caused to fall in any direction, it would fall on another property or on any power lines, other than the service power lines to buildings on the property it is to be erected upon, unless structural calculations, drawings, and details are submitted substantiating that said tower, antenna or pole is adequately guyed, anchored and supported.

B. Permit required. No antenna, pole or tower over 20 feet high from the base of the antenna, pole or tower to the top of the highest projection shall be erected until a permit has been applied for and received from the Building Inspector.[1]

[1] Editor's Note: Original § 18.09, Signs and outdoor display structures, which immediately followed this section, was deleted 10-10-2006 by Ord. No. A-361.

§ 127-12 Additional requirements in C-2 Central Business District.

[Amended 10-10-2006 by Ord. No. A-361]

A. No building or structure of frame wall or of unprotected metal wall construction or which has a wooden cornice shall be erected hereafter in any area zoned C-2. All other buildings hereafter erected, placed or built, except those now under construction, shall be of the following materials. The walls shall be brick, concrete, stone or other noncombustible material not less than eight inches in thickness, and the roof shall be of metal, slate, gravel or other fireproof material.

B. The International Building Code is hereby made a part of this section with respect to all classes of buildings to which said code applies, and the term "ordinary construction" in this section shall have the meaning given in said International Building Code.

C. It shall be unlawful to repair present combustible roof coverings in excess of 10% of the surface covered by combustible material. In case of repair in excess of 10% of the surface, all materials used must conform to the requirements in building new buildings.

D. Within the areas zoned C-2, no building or structure of frame construction or of unprotected metal construction shall be hereafter extended on any side unless construction of such extension conforms to the requirements of this section for new construction. All ordinary construction buildings and all frame buildings hereafter built or altered which are used for business and residences shall have all partitions and ceilings separating the business portion from the residence portions covered with metal lath and plaster or other equivalent fireproofing material.

§ 127-13 Building permit required.

A. No building or structure or any part thereof shall hereafter be built, enlarged, altered, demolished or moved within the City or Lodi, nor permanent building equipment be installed, except as herein provided, unless a permit therefor shall first be obtained by the owner, or his agent, from the Building Inspector.

B. Definitions. As used in this section, the following terms shall have the meaning indicated:

BUILDING

Includes any building or structure and the permanent building equipment thereof, and any enlargement, alteration, demolishing or moving of any building or structure or of permanent building equipment therein; also any material in any old building and the installation and equipment of underground tanks, vaults, and similar structures.

PERMANENT BUILDING EQUIPMENT

Includes any provisions in buildings for either water, light, heat, power or ventilation service therein.

C. (Reserved)[1]

[1] Editor's Note: Former Subsection C, regarding single-family residence architectural plans, as amended, was repealed 11-7-2006 by Ord. No. A-362.

D. Application for building permit and certificate of occupancy. Application for a building permit shall be made in writing upon a blank form furnished by the Building Inspector and shall state the name and address of the owner of the building and the owner of the land upon which it is to be erected, and the name and address of the architect or designer, and shall describe the location of the building and the purpose for which it is to be used, and shall contain such other information as the Building Inspector may reasonably require. With such application there shall be submitted to the Building Inspector a complete set of plans and specifications covering the proposed building, alterations or improvements, including a dimensioned plan of the tract showing the location of any proposed building with respect to the adjoining streets, alleys, lot lines and other buildings. If approval of plans submitted is required under the rules of the Department of Commerce, one set of such plans shall bear the seal of inspection and approval of the Wisconsin Department of Commerce and all pertinent correspondence at time of approval. The application shall include an application for a certificate of occupancy for which a fee as set by the Common Council by resolution is to be charged, as provided in Chapter 340, Zoning, of the City Code.

E. Waiver of filing of plans. If, in the opinion of the Building Inspector, the character of the structure and work is sufficiently described in the application, he may waive the filing of plans, provided that approval is not required by the Wisconsin Department of Commerce as required under the rules of the Department of Commerce, but the location plan must be filed in all cases.

F. Issuance of permit. If the Building Inspector finds that the proposed building will comply in every respect with all ordinances of the City and all laws and lawful orders of the State of Wisconsin, he shall officially approve the same and shall issue a building permit therefor which shall be kept at the site of the proposed building. If adequate plans are presented to the Building Inspector, he may, at his discretion, issue a permit for part of the building before receiving the plans and specifications for the entire building, but work on any building shall not be commenced unless a permit or waiver of plans has been issued.

G. Building permit card. With every permit issued, the Building Inspector shall issue to the applicant a card, properly executed. The applicant shall place such card in a conspicuous place on the premises where the construction is to take place. Such card will be so placed as to be unobstructed from the public view and not more than 15 feet above the grade of the building.

H. Work to commence in accordance with § SPS 316.012(3)(b), Wis. Adm. Code. A building permit shall have lapsed and be void unless building operations are commenced within 12 months of the date of issuance.

[Amended 12-17-2019 by Ord. No. A-544]

I. Work to be completed within one year. Building operations covered by a single building permit will be completed within one year, unless the permit is otherwise extended by the Building Inspector.

J. No-charge permits. The Building Inspector will issue no-charge building permits for the repair of windstorm damage.

§ 127-14 Fees.

A. Building permit fees.

(1) There shall be the following classes of construction for which the building permit fees shall be set in the following subsection:

(a) Group I: Dwellings (including residence, garage, and rooming house, but excluding hotel and institution)

(b) Group II: Office, professional, barber, beauty, dry cleaning, clinic, natatorium, shelter, hotel and motel

(c) Group III: Tavern, restaurant, cafeteria, retail, commercial garage, and service station

(d) Group IV: Church, assembly hall, educational institution, hospital, nursing home, lab, lodge hall, funeral home, library, skating rink, dance hall, and armories

(e) Group V: Warehouse, freight terminal, storage building, factory, machine shop, electrical substation, sewage plant, electrical generating plant, trans vault, and others not included in Groups I to IV (except accessory buildings)

(f) Group VII: Accessory building (barns, livestock building, etc.)

(2) The building permit fees for each class of construction and for alterations and repairs for all classes of construction shall be set from time to time by the Common Council by resolution.

[Amended 4-2-2013 by Ord. No. A-444]

(3) In any situation where construction is started without obtaining the required building permit or where construction violates the terms of a permit that has been issued, the above fees shall be doubled.

B. Other fees. Fees and other special requirements (bond, etc.) for the following shall be set by the Common Council by resolution:

[Amended 10-10-2006 by Ord. No. A-361]

	Evacuation of alleys, streets, road and public ways permit fee
	Certificate of occupancy fee
	Swimming pool permit fee
	Razed building permit fee
	Plan review for new construction
	Plan review for alterations/repairs
	Plan review for erosion control
	Building moving fee
	Sign permit fee
	Annual electrician registration
	New sidewalk permit
	Driveway/curb cut permit
	Fences
	Early start, residential
	Early start, commercial/industrial
	Tree trimming registration

§ 127-15 Deposit.

A deposit from the owner shall be required for all projects for which a permit is required to be obtained under this chapter with an estimated total cost of $10,000 or more. The Common Council will set the amount of the deposits for various sizes of projects by resolution. The funds deposited will be held to insure completion of the project, compliance with all codes and ordinances, and repair of damage to public property. Any costs incurred by the City to repair damage to public property resulting from the project or incurred by the City as a result of violation of laws, codes or ordinances by the owner or the owner's contractors, subcontractors or any other person involved with the project shall be reimbursed to the City from the funds on deposit. This shall not limit the right of the City to collect from any person in the event such costs exceed the amount deposited. Remaining deposited funds shall be returned to the owner after the project has been completed and all required approvals have been given by City officials. Deposited funds shall be forfeited to the City if the project is not finished within two years following the date the building permit is issued.

§ 127-16 Inspections and certificates.

A. Inspection. Buildings may be inspected by the Building Inspector at such times and in such manner as may be necessary to secure compliance with the laws, ordinances, rules and orders applicable thereto. After inspection, the Building Inspector shall issue a certificate of compliance or prescribe such changes as are necessary to such compliance and upon the completion of the changes issue such certificate. After issuance of such certificate, no structural part of said building shall be changed.

[Amended 10-10-2006 by Ord. No. A-361]

B. Certificate of occupancy. All buildings shall have a final inspection before occupancy, except as herein provided. If, on final inspection by the Building Inspector, no violation of this chapter or any other ordinance, law or order is found, that fact shall be certified to by the Building Inspector who shall thereupon issue a certificate of occupancy, stating the purpose for which the building is to be used and, in the case of buildings to be used for public purposes, the maximum load and the maximum number of persons who may be accommodated on each floor. No building or part thereof shall be occupied in any manner which conflicts with the conditions set forth in the certificate of occupancy. Before issuing the certificate, the Building Inspector shall also determine that the building conforms to applicable zoning regulations or is a legal nonconforming use.

§ 127-17 Additions, alterations and change of use.

A. Buildings to conform to code after major alteration or repair. The following requirements shall apply to alterations or repairs to existing buildings which do not conform to the requirements of this chapter as apply to new buildings. If alterations or repairs in excess of 50% of the fair market value of any existing building are made to such existing building within any period of 12 months, thereafter should further repairs or alterations be necessary, the entire building shall be made to conform to the requirements given herein for new buildings, provided that any existing buildings which require repairs at one time in excess of 50% of the fair market value thereof shall be made to conform to the requirements of this chapter for new buildings or shall be entirely demolished.

B. Changed use or occupancy. If the existing use or occupancy of any existing building is changed to a use or occupancy which would not be permitted in a similar building hereafter erected, the entire building shall be made to conform to the requirements given for new buildings. The Building Inspector may approve any change in the use or occupancy of any existing building, even though such building is not made fully to conform to the requirements of this chapter, when, in his judgment, such a change in the use or occupancy of the existing building will not extend or increase any nonconformity or hazard of the building.

[Amended 10-10-2006 by Ord. No. A-361]

C. Alteration and repair. Every alteration or repair to any structural part or portion of any existing building shall, when deemed necessary in the opinion of the Building Inspector, be made to conform to the requirements of this chapter.

§ 127-18 Installation of electric and water meters.

A. Electric meters. Electric meters shall be furnished by the Lodi Light and Water Utility and installed by the Utility at such locations as may be determined by the Utility.

B. Water meters. Water meters shall be furnished by the Lodi Light and Water Utility but shall be installed by a plumber hired and paid for by the property owner. All water meters shall be located so that they shall be protected from obstructions and permit ready access thereto for reading, inspection and servicing. Such location shall be designated or approved prior to installation by the Superintendent of the Lodi Light and Water Utility or his designee.

C. Penalty for violation. Any person maintaining an electric or water meter in violation of this section shall, in addition to the penalty provided by § 127-26 of this chapter, be required to relocate said meter to an authorized location entirely at his expense.

§ 127-19 (Reserved) [1]

[1] Editor's Note: Former § 127-19, Water distribution mains, was repealed 5-1-2007 by Ord. No. A-374.

§ 127-20 Abandonment of cisterns.

Any person who abandons a cement-enclosed cistern shall either break out or drill out the bottom of the cistern in the abandonment process.

§ 127-21 Plumbing work.

No plumbing work shall be performed in the City of Lodi until a plumbing permit has been issued by the Building Inspector, except in the case of repairs as herein defined.

A. No permit shall be issued to anyone not licensed by the State of Wisconsin or who has failed to renew his or her license, except that a permit may be issued to the owner of a single-family residence which he himself solely occupies to do his own plumbing work within the building, and laying of the house sewer and building supply pipe from curb to building, subject to the same rules and regulations as govern licensed plumbers, provided that the connection of the house sewer to the sewer service lateral and also the building supply pipe to the water lateral must be made by a licensed plumber.

B. "Repairs" are hereby defined as the stoppage of leaks in supply or waste pipes, clearing stoppages in waste pipes, thawing out frozen waste or supply pipes, and repairing of valves or faucets.

C. Prior to the issuance of a plumbing permit, the Building Inspector may require any applicant to file plans and specifications showing the size and kind of pipes, size and kind of traps, and number and kind of fixtures to be used and other information or specifications relating to the job which he deems necessary.

D. All plumbing work performed within the City shall be in conformance with all laws and codes.

E. The Building Inspector may revoke any permit issued hereunder for violation of any provisions of this chapter or the State of Wisconsin Plumbing Code.

[Amended 5-18-2010 by Ord. No. A-411]

F. Any person who deems himself/herself aggrieved by order or ruling of the Building Inspector may make appeal to the Common Council under the provisions of §§ 68.01 to 68.15, Wis. Stats.

[Added 5-18-2010 by Ord. No. A-411]

§ 127-22 Electrical work.

A. Permit required. No electrical wiring shall be performed, no electrical equipment shall be installed within any building, structure or premises, publicly or privately owned, nor shall any alteration or addition be made in any such existing equipment until an electric wiring permit has been issued by the Building Inspector, provided that no permit shall be required for the following classes of work:

(1) Installations in mines, ships, or railway cars or to automotive equipment; installations used by electricity supply or communication agencies in the generation, transmission or distribution of electricity, or for the operation of signals or the transmission of intelligence; and installations or equipment employed by a railroad utility in the exercise of its functions as a utility and located outdoors or in buildings used exclusively for that purpose.

(2) Minor repair work, which shall include replacement of lamps, the connection of portable electrical equipment to suitable permanently installed receptacles, repairs or replacement of broken or defective sockets, switches or base receptacles, and such minor extensions or modifications of permanent wiring as the Building Inspector shall reasonably determine can be exempted from the permit requirements.

(3) Any work involved in the manufacturing, testing, servicing, altering or repairing of electrical equipment or apparatus.

B. Any work done without a permit pursuant to the above exemptions shall not however be exempt from any other requirements of this code.

C. Prior to issuance of an electric wiring permit, the Building Inspector may require any applicant to file plans and specifications relating to the proposed job such that he be enabled to determine whether the installations will be in conformity with all applicable codes. The Building Inspector may revoke any permit issued hereunder, subject to appeal to the Common Council, for violation of any provisions of this chapter or the State of Wisconsin Electrical Code.[1]

[1] Editor’s Note: Former Subsection D, Certificate of registration, and Subsection E, Temporary certification of registration and waiver of bond requirements, both of which immediately followed, were repealed 8-21-2012 by Ord. No. A-433.

§ 127-23 Tree trimming.

A. Annual certificate of registration. No person or company shall engage in the business of cutting down, trimming, or removing trees or parts of trees in the City until such person or company has been issued a certificate of registration by the City Clerk. Such certificate shall not be issued until such person or company complies with the following provisions:

(1) Fee. Such person or company shall pay an annual registration fee as set by the Common Council by resolution, which registration shall expire on December 31 of each year. Fees to be paid for the first time, and at times other than December 31, shall be prorated over the balance of the registration period.

(2) Bond. Such person or company has executed a surety bond in the sum of $1,000 to the City and conditioned that such person or company shall comply with the ordinances and laws relating to his or its work and that he or it shall pay all damages to public property and costs that may be caused by his or its negligence. Such bond will be executed for a period of one year.

(3) Responsibility for others. The person or company executing such bond may engage or take under his or its supervision the assistance and help necessary to execute any job, but he or it shall take full responsibility for the tree work that such help and assistance performs.

(4) Insurance. The person or company executing such bond must also furnish satisfactory written evidence that he or it has in force and will maintain during the life of the certificate public liability insurance of not less than $100,000 for one person and $300,000 for one accident and property damage insurance of not less than $50,000.

B. Private tree trimming not covered. The annual registration requirement does not apply to persons cutting or trimming trees on their own property, but such persons will have to obtain a permit as required in the following subsection if the trees being cut or trimmed are in or adjacent to a street or utility line.

C. Permit for tree trimming jobs on or adjacent to public property. No person or company shall without permit remove or trim any trees standing in or adjacent to any highway or street or public utility in or where the tree or parts thereof will fall on any highway or street without first obtaining a permit from the City Clerk. Before such permit is granted, the Director of Public Works shall examine and report to the Clerk on the application, and the permit will be granted only if it appears that proper precautionary measures will be taken to protect the public and public property from injury or damage. There will be no charge for these permits, and the permit may include as many trees as are included in the particular job being done.

§ 127-24 Revocation of certificates of registration.

Certificates of registration may be revoked at any time by the Common Council, upon recommendation of the Building Inspector, should any person violate any provisions of this chapter. Any person whose certificate is revoked shall not be issued a new certificate within a period of one year from the date of revocation. No certificate shall be revoked except by majority vote of the Common Council at a regular or special meeting, and no certificate shall be revoked unless the holder of the certificate has been notified in writing at least 10 days before such Council meeting. The person shall have the right to appear before the Common Council to answer charges and present testimony in his defense.

§ 127-25 (Reserved) [1]

[1] Editor's Note: Former § 127-25, Appeals, was repealed 5-18-2010 by Ord. No. A-411.

§ 127-26 Violations and penalties.

[Amended 10-10-2006 by Ord. No. A-361]

Any person who shall violate any provision of this chapter shall be subject to a penalty as provided in Chapter 1, § 1-3, of this Code.

§ 127-27 Liability for damages.

This chapter shall not be construed as assuming any liability on the part of the City of Lodi for damages to anyone injured or for any property destroyed by any defect in any building or equipment.

§ 127-28 Retaining walls.

[Added 12-4-2018 by Ord. No. A-524]

No person shall build, repair, or maintain a retaining wall within the City except in accordance with the provisions of this section.

A. Defined. A retaining wall is defined as a structure constructed of any material, whether masonry, wood, metal, or any other material that is fastened together, mortared or loosely stacked, which is built to resist the lateral displacement of any material.

B. Owner to construct. It shall be the duty of the owner of a lot that abuts a public street, alley, highway, or sidewalk in the City to build, repair, and perpetually maintain retaining walls as required by the City and to pay the entire cost thereof.

C. Permit required. A building permit shall be obtained whenever a retaining wall is to be constructed, repaired or reconstructed within five feet of a property line, or abutting a public street, alley, highway, or sidewalk. A building permit shall also be obtained whenever a retaining wall is to be constructed, repaired, or reconstructed that meets or exceeds three feet in height elsewhere on a property. Prior to the issuance of such a permit, construction, repair, or reconstruction plans and design data of the proposed structure shall be submitted to and approved by the Building Inspector.

D. Fee. The permit fee shall be as provided on the current fee schedule on file with the City Clerk.

E. Appeal. Denial of a permit may be appealed before the Zoning Board of Appeals.

F. Maintenance and repair.

(1) The property owner shall maintain and keep all retaining walls on the property in reasonably safe and aesthetic condition.

(2) If, in the opinion of the Building Inspector, a retaining wall is beyond safe repair or is creating a hazard to the public, the Building Inspector shall order the removal, repair, or reconstruction of the retaining wall, and set a reasonable time limit for compliance.

(3) If the property owner refuses to repair or replace as ordered within the time limit specified, the City may accomplish the necessary work or contract the work to others, and all costs therefor shall be charged against the property as a special charge pursuant to § 66.0627 of the Wisconsin Statutes.