Village of Theresa, WI
Dodge County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Theresa 6-3-1996 as Title 15, Ch. 1 of the 1996 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Blasting and rock crushing — See Ch. 122.
Driveways and curb cuts— See Ch. 148.
Erosion control and stormwater management — See Ch. 155.
Fire prevention — See Ch. 172.
Floodplain zoning — See Ch. 180.
Sewers — See Ch. 280.
Subdivision of land — See Ch. 308.
Water — See Ch. 343.
Zoning — See Ch. 350.

§ 132-1 General provisions.

A. 
Title. This chapter shall be known as the "Building Code of the Village of Theresa" and will be referred to in this chapter as "this chapter" or "this code."
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. 
Authority. These regulations are adopted under the authority granted by § 101.65, Wis. Stats.
D. 
Scope. This code applies to all dwellings, commercial buildings/structures, swimming pools, garages, structures, buildings, and residential accessory buildings. Not included are children's play structures and agricultural buildings.

§ 132-2 Building permit; site plan approval; inspections.

A. 
Permit required.
(1) 
General permit requirements.
(a) 
Prior to commencing any of the following work, the owner or his agent shall obtain a valid permit from the Municipal Building Inspector:
[1] 
New buildings.
[2] 
Additions that increase the physical dimensions of a building, including decks.
[3] 
Alterations to the building structure or alterations to the building's heating, electrical or plumbing systems. Permits are required for residing.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[4] 
Any electrical wiring for new construction or remodeling.
[5] 
Any HVAC for new construction or remodeling.
[6] 
Any plumbing for new construction or remodeling.
(b) 
Permits are not required for replacement of major building equipment, including furnaces, central air conditioners, water heaters, other major pieces of equipment, and plumbing, venting, electrical or gas supply systems when altered, when the work is being done by a licensed contractor. Signatures will be obtained from all homeowners, signing off that there is a contractor on the job, hired to do the work necessary. Otherwise, a permit is required and the necessary inspections will be done by the Village Building Inspector as required by law.
(c) 
Exempted are reroofing and finishing of interior surfaces, installation of cabinetry, and minor repair as deemed by the Building Inspector. However, unless structural calculations are provided, no more than two layers of roofing shall be installed on a roof.
(d) 
Exempt are normal repairs performed in Subsection A(1)(a)[4] and [5] and (c).
(e) 
Agricultural buildings are exempt.
(2) 
Alterations and repairs. The following provisions shall apply to buildings altered or repaired:
(a) 
Alterations. When any existing building or structure accommodates a legal occupancy and use but is of a substandard type of construction, then alterations which involve beams, girders, columns, bearing or other walls, room arrangement, heating and air-conditioning systems, light and ventilation, or changes in location of exit stairways or exits, or any or all of the above, shall be made in order to bring such existing construction into conformity with the minimum requirements of this chapter applicable to such occupancy and use and given type of construction, when not in conflict with any other regulations.
[Amended 8-1-2005 by Ord. No. 1-10]
(b) 
Repairs. Repairs for purposes of maintenance or replacements in any existing building or structure which do not involve the structural portions of the building or structure or which do not affect room arrangement, light and ventilation, access to or efficiency of any exit stairways or exits, fire protection, or exterior aesthetic appearance and which do not increase a given occupancy or use shall be deemed minor repairs.
(c) 
When alterations 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 alteration 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 upon a form furnished by the Building Inspector or his designee and shall state the name and address of the owner of the land and also the owner of the building, if different, the legal description of the land upon which the building is to be located, the name and address of the designer, the use to which said building is to be put and such other information as the Building Inspector may require.
C. 
Waiver of plans; minor repairs.
(1) 
Waiver. If the Building Inspector finds that the character of the work is sufficiently described in the application, he/she may waive the filing of plans for alterations, repairs or moving, provided that the cost of such work does not exceed $4,000.
(2) 
Minor repairs. The Building Inspector may authorize minor repairs or maintenance work on any structure or to heating, ventilating or air-conditioning systems installed therein valued at less than $2,500, as determined by the Building Inspector, which do not change the occupancy area, exterior aesthetic appearance, structural strength, fire protection, exits, light or ventilation of the building or structure without issuance of a building permit.
D. 
Site plan approval.
(1) 
When required. All applications for building permits for any construction, reconstruction, expansion or conversion, excluding single-family residences in residentially zoned districts, shall require site plan approval by the Village Board in accordance with the requirements of this section. Single-family residential site plans shall be received and reviewed by the Building Inspector in either case. The applicant shall submit a site plan and sufficient plans and specifications of proposed buildings, machinery and operations to enable the Village Board or its expert consultants to determine whether the proposed application meets all the requirements applicable thereto in this chapter.
[Amended 8-1-2005 by Ord. No. 1-10; 9-11-2006]
(2) 
Administration. The Building Inspector shall make a preliminary review of the application and plans and refer them along with a report of his findings to the Village Board. The Village Board shall review the application and may refer the application and plans to one or more expert consultants selected by the Village Board to advise whether the application and plans meet all the requirements applicable thereto in this chapter. Within 30 days of its receipt of the application, the Village Board shall authorize the Building Inspector to issue or refuse a building permit.
(3) 
Requirements. In acting on any site plan, the Village Board shall consider the following:
(a) 
The appropriateness of the site plan and buildings in relation to the physical character of the site and the usage of adjoining land areas.
(b) 
The layout of the site with regard to entrances and exits to public streets; the arrangement and improvement of interior roadways; and the location, adequacy and improvement of areas for parking and for loading and unloading and shall, in this connection, satisfy itself that the traffic pattern generated by the proposed construction or use shall be developed in a manner consistent with the safety of residents and the community, and the applicant shall so design the construction or use as to minimize any traffic hazard created thereby.
(c) 
The adequacy of the proposed water supply, drainage facilities and sanitary and waste disposal.
(d) 
The landscaping and appearance of the completed site. The Village Board may require that those portions of all front, rear and side yards not used for off-street parking shall be attractively planted with trees, shrubs, plants or grass lawns and that the site be effectively screened so as not to impair the value of adjacent properties nor impair the intent or purposes of this section.
(4) 
Effect on municipal services. Before granting any site approval, the Village Board may, besides obtaining advice from consultants, secure such advice as may be deemed necessary from the Building Inspector or other municipal officials, with special attention to the effect of such approval upon existing municipal services and utilities. Should additional facilities be needed, the Village Board shall not issue the final approval until the Village has entered into an agreement with the applicant regarding the development of such facilities.
(5) 
Appeals. Denials of building permits contingent upon site plan approval may be appealed to the Zoning Board of Appeals by filing a notice of appeal with the Village Clerk-Treasurer within 10 days of the denial.
E. 
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.
[Amended 9-11-2006]
F. 
Utilities required. Residential and nonresidential buildings. No building permit shall be issued for the construction of any residential or nonresidential 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 Building Inspector.
[Amended 8-1-2005 by Ord. No. 1-10; 9-11-2006]
G. 
Submission of plans.
[Amended 8-1-2005 by Ord. No. 1-10; 9-11-2006]
(1) 
Two sets of building plans shall be submitted to the Building Inspector for any work which expands the size of a building, any new building or as required by the Building Inspector. If a new building or building addition is proposed, then a site plan showing such proposed work and existing buildings and property lines shall be submitted. A third set of plans may be requested at the discretion of the Building Inspector for the Assessor. The Building Inspector may require the owner or contractor to submit plans for any construction or demolition project when the Building Inspector determines that it is necessary to review such plans to assure that the proposed project will comply with all applicable codes.
(2) 
The above-described site plan for a new building shall show the following:
(a) 
Location and dimensions of all existing and proposed buildings.
(b) 
Lot dimensions and all existing and proposed lot corner elevations and proposed buildings.
(c) 
Building setbacks.
(d) 
The elevation of the proposed structure using NGS datum (must be in accordance with the approved grading plan).
(e) 
Elevation of the lot and relation to sidewalk, street, etc., using NGS datum.
(f) 
Watercourse, easements and drainage pattern.
(g) 
Seal and signature of surveyor or professional engineer.
(h) 
All submissions shall include two copies of the site plan.
(3) 
The builder/contractor shall post a bond of $1,000 to cover the cost of any street cleaning, drainage problems or silt fence issues that may arise during the construction and are not dealt with in a timely manner by the builder/contractor. The bond will be returned, minus any amount used, to the builder/contractor when full occupancy is granted by the Building Inspector. A detailed accounting of services required, if any, will be included.
(4) 
The Building Inspector shall issue a building permit as a result of the above submittals, subject, however, to the owner confirming the actual elevations and location of the foundation once it is installed. No further construction work can be completed on a new building until submission of a recertification of the foundation elevations and location confirming that the foundation elevations and location conform to the original permit and application regulations.
H. 
Approval of plans; permit issuance.
[Amended 8-1-2005 by Ord. No. 1-10]
(1) 
Recertification. Upon completion of the foundation, the owner or contractor shall submit a recertification by a registered land surveyor or registered professional engineer identifying setbacks and elevations. Said recertification shall be submitted to the Building Inspector, who, along with the Village Engineer, will review it to determine that local setbacks and elevation requirements are satisfied. If the existing foundation conforms to the local requirements, construction can commence; a permit card will be issued and shall be posted at the job site in a visible location from the street. Building permits are valid for two years. A building permit may be extended for a specific time frame upon the Building Inspector's approval and payment of appropriate fees.
[Amended 9-11-2006]
(2) 
Right of inspection access. By accepting a permit, the applicant, owner or contractor grants the Building Inspector the right of access to the real estate on which the permitted construction or demolition will occur.
(3) 
Building permits conditioned upon compliance with codes. Permits are issued conditionally on the condition that the owner and/or contractor(s) shall conform to the requirements of all applicable codes, zoning ordinances and setback requirements on constructing the building.
(4) 
Final grade contours inspection. Upon completion of construction and final grading, the owner/contractor shall provide notice to the Building Inspector and the Village shall check the elevations of the final grade contours to ensure that they conform to the approved drainage plans and yard elevation. The cost of determining the elevations of final grade contours shall be borne by the property owner. If the elevations are not correct, the Building Inspector shall notify the property owner and contractor and the final grade contours shall be brought to their proper elevations by the owner/contractor within 30 days of notice by the Building Inspector of the violation. Thereafter, any cost incurred in rechecking the elevations shall be borne by the property owner, who shall pay said costs within 30 days of receipt of an invoice as provided herein; the Building Inspector shall certify the amount of the unpaid invoice to the Village Clerk-Treasurer, who shall cause said amount to added to the tax bill for the separate parcel. Before a final occupancy permit is given and the bond returned, the final grade must be recertified for compliance with the master grading plan by the Village Engineer.
[Amended 9-11-2006]
(5) 
Drainage and elevations. The elevation for drainage plans shall be as set forth in the subdivision drainage plan or as determined by the Village Engineer if the building site is not subject to a formal drainage plan. Elevations for new residences shall be as required by Chapter 308, Subdivision of Land, of this Code.
(6) 
Completion deposit required. A deposit in the amount of $500 is required for all newly constructed homes, newly constructed commercial buildings, and newly constructed duplexes and condominiums ($500 per unit). It shall be refunded after the project is complete, all other fees are paid, the Building Inspector finds no noncompliances and final grade is approved by the Village Engineer. It shall be forfeited if occupancy occurs before final inspection or extends after a temporary occupancy permit expires. It shall also be forfeited if the exterior if not finished within two years of permit issuance.
I. 
Inspections.
(1) 
The following inspections shall be requested 48 hours in advance by the applicant/contractor or property owner as applicable:
(a) 
Footing/Foundation.
(b) 
Rough carpentry, HVAC, electric and plumbing.
(c) 
Drain tile/basement floor.
(d) 
Underfloor plumbing/electric service.
(e) 
Insulation.
(f) 
Final carpentry, HVAC, electric and plumbing.
(g) 
Erosion control.
(2) 
Failure to request any inspection will be the responsibility of the contractor and/or property owner.[2]
[2]
Editor's Note: Original § 15-1-2(i)(3), Completion deposit required, which immediately followed this subsection, was deleted 8-1-2005 by Ord. No. 1-10. See now Subsection H(7) of this section.
J. 
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 two years from the date of issuance thereof.
K. 
Revocation of permits.
(1) 
The Building Inspector or the Village Board may revoke any building, plumbing or electrical permit, occupancy permit, 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 8-1-2005 by Ord. No. 1-10]
(a) 
Whenever the Building Inspector 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 had 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, 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 occupancy permit given by the Building Inspector for the use of all new materials, equipment, methods or construction devices or appliances.
(2) 
The notice revoking a building, plumbing or electrical permit, occupancy permit or approval shall be in writing and may be served upon the applicant for the permit, owner of the premises and his agent, if any, and on the person having charge of construction.
[Amended 8-1-2005 by Ord. No. 1-10]
(3) 
A revocation placard shall also be posted upon the building, structure, equipment or premises in question by the Building Inspector.
(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 may order as a condition precedent to the reissuance of the building permit may be performed, or such work as he may require for the preservation of life and safety.
L. 
Report of violations. Village officers shall report at once to the Building Inspector any building which is being carried on without a permit as required by this chapter.
M. 
Display of permit. 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.

§ 132-3 State codes adopted.

A. 
Adoption of codes. The Wisconsin Administrative Code and subsequent revisions are adopted for municipal enforcement as follows:
(1) 
Chapter COMM 5, Licenses, Certifications and Registrations.
(2) 
Chapter COMM 16, Electrical.
(3) 
Chapters COMM 20 to 25, Uniform Dwelling Code.
(4) 
Chapters COMM 61 to 65, Commercial Building Code.
(5) 
Chapter COMM 70, Historic Buildings.
(6) 
Chapters COMM 75 to 79, Existing Buildings.
(7) 
Chapters COMM 81 to 87, Plumbing.
B. 
Scope of Uniform Dwelling Code expanded. For the purposes of this code, the Wisconsin Uniform Dwelling Code is the standard for construction of the following:
(1) 
Additions, alterations and major equipment replacements for one- and two-family dwellings built prior to June 1, 1980.
(2) 
Detached garages greater than 200 square feet serving one- and two-family dwellings. Grade beam slabs are required for private, residential garages with a continuous floating slab of reinforced concrete and shall not be less than four inches in thickness. Reinforcement shall be a minimum of six-by-six-inch No. 10 wire mesh. The slab shall be provided with a thickened edge all around, eight inches wide and eight inches below the top of the slab. (Exempted are frost-free footings for detached residential accessory buildings.) Chapter COMM 22, Wis. Adm. Code, shall not apply.
(3) 
Other detached accessory buildings. Concrete slabs, frost-free footings, etc., are not required but if they are installed they shall follow Subsection B(2) above and/or Ch. COMM 21, Wis. Adm. Code.
C. 
Method of enforcement.
(1) 
Certified inspector to enforce. The Building Inspector and his delegated representatives are hereby authorized and directed to administer and enforce all of the provisions of the Uniform Dwelling Code. The Building Inspector shall be certified for inspection purposes by the Department in each of the categories specified under § ILHR 26.06, Wis. Adm. Code.
(2) 
Subordinates. The Building Inspector may appoint, as necessary, subordinates as authorized by the Village Board.
(3) 
Duties. The Building Inspector shall administer and enforce all provisions of this chapter and the Uniform Dwelling Code.
(4) 
Inspection powers. The Building Inspector or an authorized certified agent may at all reasonable hours enter upon any public or private premises for inspection purposes and may require the production of the permit for any building, plumbing, electrical or heating work. No person shall interfere with or refuse to permit access to any such premises to the Building Inspector or his agent while in performance of his duties.
(5) 
Records. The Building Inspector shall perform all administrative tasks required by the Department under the Uniform Dwelling Code. In addition, the Building Inspector shall keep a record of all applications for building permits in a book for such purposes and shall regularly number each permit in the order of its issue. Also, a record showing the number, description and size of all buildings erected indicating the kind of materials used and the cost of each building and aggregate cost of all one- and two-family dwellings shall be kept.

§ 132-4 Building, plumbing and electrical standards.

A. 
Portions of State Building Code adopted. Chapters COMM 61 through 65, Wis. Adm. Code (Wisconsin State 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. 61 to 65 incorporated herein are intended to be made a part of this code. A copy of said Chs. 61 to 65 and amendments thereto shall be kept on file in the office of the Village Clerk-Treasurer.
B. 
State Plumbing Code adopted. The provisions and regulations of Ch. 145, Wis. Stats., and Chs. COMM 81 to 87, Wis. Adm. Code, 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) 
Chapter COMM 16, Wis. Adm. Code, 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 and 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.

§ 132-5 New methods and materials.

A. 
All materials, methods of construction and devices designed for use in buildings or structures covered by this chapter and not specifically mentioned in or permitted by this chapter shall not be so used until approved in writing by the State Department of Commerce 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 Commerce. 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 Commerce.

§ 132-6 Unsafe buildings.

Whenever the Building Inspector or Village Board finds any building or part thereof within the Village of Theresa to be, in his or its 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, the Building Inspector or Village Board 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.

§ 132-7 Disclaimer on inspections.

The purpose of the inspections under this chapter is to improve the quality of housing in the Village of Theresa. 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, the following disclaimer shall be applicable to all inspections under this chapter: "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."

§ 132-8 Garages.

Private garages shall be built in accordance with the general construction standards established in the Wisconsin Uniform Dwelling Code.

§ 132-9 Demolition of structures.

A. 
Demolition permit required. All persons who demolish or cause to be demolished any structure or part of a structure larger than 400 square feet within the Village shall apply for and obtain a demolition permit from the Building Inspector prior to undertaking any steps to demolish the structure.
B. 
Application.
(1) 
An application for a permit to demolish all or part of a building shall include the following information:
(a) 
The name and address of the owner of the building on the date of application and, if different, on the date of demolition;
(b) 
The name, address and telephone number of the contractor(s) performing the demolition work;
(c) 
The date upon which demolition is to commence;
(d) 
The date by which demolition shall be complete;
(e) 
A list of all hazardous waste and hazardous and toxic substances [as defined by §§ NR 181.12 and 158.03(4), Wis. Adm. Code, as amended from time to time] contained in the building, a statement as to whether the building contains asbestos [as defined by § 254.11(1), Wis. Stats.], and a detailed description of the method to be used in removing, transporting and disposing of any hazardous waste, hazardous and toxic substances, and asbestos;
(f) 
A detailed description of how and where the waste materials resulting from the demolition will be transported and disposed of (including the description of the route to be used by trucks in hauling the waste);
(g) 
A description of the method of demolition to be used; and
(h) 
A description in detail of all methods to be used to prevent water runoff and soil erosion from the site to neighboring properties and to prevent releasing unreasonable amounts of dust from the site.
(2) 
Along with the application for permit for demolition, the applicant shall present a release from all utilities serving the property stating that their respective service connections and appurtenant equipment, such as meters and regulators, have been removed or sealed and plugged in a safe manner.
C. 
Demolition. The demolition shall be conducted in a manner that is safe and that does not adversely affect the environment.
D. 
Clearing and leveling the site.
(1) 
The site of any demolition shall be properly cleared of debris, rubbish and pavement and shall be properly graded and leveled to conform to the adjoining grade of the neighboring property, and when so graded and leveled the site shall be seeded, sodded or treated in some other manner acceptable to the Building Inspector so as to prevent blowing dust, dirt, or sand. Excavations remaining after demolition shall be filled, graded and leveled off not later than 30 consecutive days after demolition is completed.
(2) 
Excavations from demolished buildings or structures shall not be filled with any materials subject to deterioration. The Building Inspector, upon notification by the permit holder, the owner or his agent, in writing and upon forms provided by the Building Inspector for that purpose, shall within 72 hours inspect each excavation, or part thereof, before filling any excavation.
(3) 
It shall be unlawful to fill any such excavation without inspection and approval of the Building Inspector. Voids in filled excavations shall not be permitted. In the event of the unavailability of the Building Inspector to conduct an inspection within 72 hours after written notice, the permit holder, owner or his agent may retain the services of a certified, qualified municipal inspection service to obtain an opinion that approves filling of the excavation. Said opinion shall be deemed a sufficient approval by the Village, provided that a written copy of the opinion is delivered to the Clerk-Treasurer at least 48 hours before filling of the excavation commences.
E. 
Removal and disposal of hazardous materials. Removal, transportation and disposal of all hazardous waste, hazardous and toxic substances, and asbestos shall be conducted in compliance with all applicable state, federal and local statutes, ordinances and regulations. The permit holder shall give the Building Inspector 72 hours' written notice prior to any removal, transportation or disposal of hazardous waste, hazardous and toxic substances, and asbestos.

§ 132-10 Basements; excavations.

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 so 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 three months shall be deemed abandoned and a nuisance, and the Building Inspector 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 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 Building Inspector 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 Building Inspector on the cost thereof, pursuant to the provisions of § 66.0627, Wis. Stats.

§ 132-11 Discharge of clear waters.

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, every 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.
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 stormwaters 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 his designated agent 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 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.

§ 132-12 Duplex service connections.

Each unit of a duplex shall have a separate water and sewer services.

§ 132-13 Moving buildings.

A. 
General requirements.
(1) 
No person shall move any building or structure greater than 200 square feet upon any of the public ways of the Village without first obtaining a permit therefor from the Building Inspector and upon the payment of the required fee. Every such permit issued by the Building Inspector for the moving of a building shall designate the route to be taken and 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 by Village employees with regard to possible damage to trees. The estimated cost of trimming, removal and replacement of public trees, as determined by the Village, shall be paid to the Village Clerk-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 Village Board.
B. 
Moving damaged buildings. No building shall be repaired, altered or moved within or into the Village that has deteriorated or has been damaged by any cause (including such moving and separation from its foundation and service connections in case of moved buildings) to 50% or more of its equalized value, and no permit shall be granted to repair, alter or move such building within or into the Village. Furthermore, if the equalized assessed value of the building is not within 20% of the surrounding buildings where the building is proposed to be moved to, no permit shall be granted unless the building is improved to be within the 20%.
C. 
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.
D. 
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 Director of Public Works, who shall 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 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 bond responsible for the payment of the same.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
E. 
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 said 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 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 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.
F. 
Bond.
(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 Theresa in a sum to be fixed by the Building Inspector and which shall not be less than $10,000, 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]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(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 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 F(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 Building Inspector and reasonably adopted or calculated to prevent the occurrences set forth herein.
G. 
Insurance. The Building Inspector shall require, in addition to said bond above indicated, public liability insurance covering injury to one person in the sum of not less than $1,000,000 and for one accident, aggregate not less than $5,000,000, together with property damage insurance in a sum not less than $1,000,000, or such other coverage as deemed necessary.
H. 
Village Board approval.
(1) 
No such permit shall be issued unless it has been found as a fact by the Village Board, by at least a majority vote, 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 said building, plans and specifications of such proposed alterations and after a view of the building proposed to be moved and of the site at which it is to be located, that the exterior architectural appeal and functional plans 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 in 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 of the property values of said neighborhood within said applicable district. In case the applicant proposed to alter the exterior of said building after moving the same, he shall submit, with his 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 cash bond to the Village Board, which shall not be less than $5,000, to be executed in the manner provided in Subsection F hereof, to the effect that he will, within a time to be set by the Village Board, complete the proposed exterior alterations to said building in the manner set forth in his 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 said building until the exterior alterations proposed to be made have been completed.
(2) 
Upon application being made to the Building Inspector, he shall request a meeting of the Village Board to consider application for moving permits which he has found comply, in all respects, with all other ordinances of the Village. The Village Board 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, give such notice of hearing as it may deem sufficient. Such hearing may be adjourned for a reasonable length of time, and within 48 hours after the close of the hearing the Village Board shall, in writing, make or refuse to make the finding required by Subsection H(1) hereof and file it in the office of Clerk-Treasurer, who shall send a copy of it to the Building Inspector.

§ 132-14 Occupancy permit.

If no noncompliances are found by the Building Inspector, then the Inspector shall issue an occupancy permit. If minor noncompliances, other than health or safety items, are in existence, the Building Inspector may issue a temporary occupancy permit for a specified term. Occupancy may not be taken until an occupancy permit is issued.

§ 132-15 Severability.

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.

§ 132-16 Enforcement; violations and penalties; appeals.

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 Building Inspector 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 or the establishment of such use of buildings in violation of this chapter or cause such building, structure or use to be removed, and violations may also be subject to a penalty as provided in Chapter 1, § 1-5 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 or other Village officials 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.
B. 
Notice of violation.
(1) 
If an inspection reveals a noncompliance with this chapter or the Uniform Dwelling Code, the Building Inspector 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 § COMM 20.10(1)(c), Wis. Adm. Code.
(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 after satisfactory evidence has been supplied that the cited violation has been corrected.
(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 may appeal from such order or determination to the Zoning Board of Appeals. Those procedures customarily used to effectuate an appeal to the Zoning Board of Appeals shall apply.
D. 
Except as may otherwise be provided by statute or ordinance, no officer, agent or employee of the Village of Theresa 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.

§ 132-17 Storage of junk. [1]

A. 
Restricted. No person shall store junked or discarded property, including automobiles, automobile parts, trucks, tractors, refrigerators, furnaces, washing machines, stoves, machinery or machinery parts, wood, bricks, cement blocks or other unsightly debris, which substantially depreciates property values in the neighborhood, except in an enclosure which screens such property from public view or upon permit issued by the Village Board.
B. 
Order for compliance. The Building Inspector may require by written order any premises in violation of this section to be put in compliance within the time specified in such order and if the order is not complied with may have the premises put in compliance and the cost thereof assessed as a special tax against the property.
[1]
Editor's Note: See also Ch. 260, Art. I, Junked vehicles and appliances.

§ 132-18 Fees.

A. 
Fees for building permits and inspections. At the time the application for a building permit is filed, the applicant shall pay the fees as set forth on the fee schedule adopted by the Village Board and on file at the office of the Village Clerk-Treasurer and any other fees which may be specifically designated by state statute or Village ordinance.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Miscellaneous. Where work for which a permit is required under this code is started or proceeded with prior to obtaining such permit, the fees as specified shall be doubled, but the payment of such double fee shall not relieve any person from fully complying with the requirements of this code or prosecution therefor.