[HISTORY: Adopted by the Town Board of the Town of Winneconne 7-16-2015 by Ord. No. 2015-1. Amendments noted where applicable.]
Building construction — See Ch. 120.
Numbering of buildings — See Ch. 124.
Unsafe buildings — See Ch. 126.
Mobile home parks and trailer camps — See Ch. 210.
Streets and sidewalks — See Ch. 270.
Editor's Note: This ordinance superseded former Ch. 122, Buildings, Moving of, adopted 8-15-2013.
No building shall be moved over the streets or roads of the Town unless a permit has been granted by the Town Building Inspector.
Any person wishing to move a building over the streets or roads of the Town shall apply on a form provided by the Building Inspector. Such application shall be signed by the owner of the property to where the building is being moved. The applicant shall include a site plan which includes plans for the foundation. The Building Inspector shall issue a building moving permit for relocation of the building in accordance with the application and in accordance with all Town ordinances and state law.
Permit to state requirements. Every permit issued shall state all conditions to be complied with and designate the route to be taken, and the limit of time for removal.
Buildings on streets or roads.
The moving of the building shall be continuous during all hours of the day and day by day until the moving is completed, to cause the least possible obstruction to streets or roads.
No building shall be allowed to remain stationary overnight on any street or road, crossing or intersection.
Flashing red warning lights shall be placed conspicuously at both ends of the building during night travel.
If a building being moved must remain stationary on a street or road for any period time, permission for such shall be obtained from jurisdictional law enforcement and the Building Inspector.
No permit shall be granted for the moving of buildings over the streets or roads of the Town without certain conditions being met as follows:
The building shall be of such length, height and width that, in the opinion of the Building Inspector, it will not interfere with power lines, trees, and other structures along the route to be traveled.
The applicant shall deposit with the Town Clerk a bond of $10,000 with acceptable surety running to the Town conditioned that he will save and indemnify the Town against any costs, expenses, or damages which may in any way accrue against the Town by reason of moving and will hold the Town harmless against all liabilities, judgments, costs and expenses as a consequence of the granting of a permit.
The mover of any building to whom a permit has been granted shall notify the Building Inspector of the time when moving is to begin.
The Building Inspector shall issue a building moving permit for the relocation of said building in compliance with all building and zoning regulations.
A relocation shall not be made if there is a protest of the relocation duly signed and acknowledged by the owners of 20% or more of the land immediately adjacent extending 100 feet therefrom or by the owners of 20% or more of the land directly opposite thereto extending 100 feet from the street or road frontage of such opposite land, unless so granted by a three-fourths vote of the Town Board.
No building shall be moved from one location to another location within the Town if said building has been in existence more than 50% of its estimated life expectancy as set forth in Boeckh's Manual of Appraisals Depreciation Table for Buildings.
No building shall be moved from outside the corporate limits of the Town to within the corporate limits of the Town, unless approved by the Building Inspector under Subsection B above.
No building shall be moved from within the Town to outside the Town unless approved by the Building Inspector.
Conformance with Building Ordinance. No permit shall be issued to move a building within or into the Town and to establish it upon a location within the said Town 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 the Building Ordinance 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 the Building Ordinance and that, when the same are completed, the building as such will so comply with said Building Ordinance. In the event a building is to be moved from the municipality 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.
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 $100,000 and for one accident in a sum not less than $200,000, together with property damage insurance in a sum not less than $50,000 or such other coverage as deemed necessary.
Street repair. The Town Highway Superintendent shall inspect the route over which the building will travel prior to the date of the move. Every person receiving a permit to move a building shall, within one day after said building reaches its destination, report that fact to the Building Inspector, who shall thereupon, in the company of the Town Highway Superintendent, inspect the streets and highways over which said building has been moved and ascertain their condition. If the move of said building has caused any damage to any street or highway, the person to whom the permit was issued shall forthwith place it in good repair as it was before the permit was granted. On the failure of said permittee to do so within 10 days thereafter to the satisfaction of the governing body, said body 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.
Stop-work order. Whenever the provisions of this chapter or of the plans approved thereunder are not complied with, a stop-work order shall be served on the owner or his representative and a copy thereof shall be posted at the site of the construction. Such stop-work order shall not be removed except by written notice of the Building Inspector after satisfactory evidence has been supplied.
Smaller buildings of one story in height and not more than 16 feet wide, including cornice, may be moved on a truck or trailer equipped with pneumatic tires.
All sites which have either a hole or a basement located on the lot for the purpose of moving a building to the site or from the site shall have a protective fence surrounding the hole or basement foundation. The protective fence shall be at least four feet tall and shall not allow for a six-inch sphere to pass through the fence. The fence shall be in good condition and shall prevent entry onto the hole site. The protective fence as described herein shall remain at the site during all times the hole or basement foundation remains open. However, no protective fence shall be allowed for a period of time to exceed 12 months from the date the hole or open basement foundation is established. Prior to the end of the twelve-month time frame, a building shall be placed upon the hole or open basement foundation site. In the event the hole or open basement foundation is not covered with a building as provided herein, then the Town shall provide notice to the owner of the land that, pursuant to the police powers of the Town, if the open hole or open basement foundation is not covered with a building within 30 days, then the Town, at the Town's discretion, may remove any basement foundation and restore the site to grade. Any costs incurred by the Town's action as set forth herein shall be billed to the owner of the property and placed as a special lien against the property.
Before a building, mobile home or manufactured home can be moved or relocated, the owner or agent shall notify all utilities having service connections within the building, such as water, electric, gas, sewer and other connections. A permit to remove or relocate a building, mobile home or manufactured home shall not be issued until a release is obtained from the utilities 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.
Whenever a building, mobile home or manufactured home is moved or relocated, the premises shall be maintained free from all unsafe or hazardous conditions by the proper regulation of the lot, restoration of established grades and the erection of the necessary retaining walls and fences in accordance with the ordinances. The Building Inspector is hereby authorized to act for the municipality under the provisions of § 66.05, Wis. Stats., relating to the razing of buildings, and all acts amendatory thereof and supplementary thereto. The Town Treasurer is authorized to place the assessment and collect the special tax as therein provided.
No permit to begin work for new construction, alteration, removal, moving or other building operation shall be issued until the fees prescribed in this chapter shall have been paid to the Building Inspector, nor shall an amendment to a permit, necessitating an additional fee because of an increase in the estimated cost of the work involved, be approved until the additional fee shall have been paid.
Special fees. The payment of the fee for the construction, alteration, moving or removal and for all work done in connection with or concurrently with the work contemplated by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that may be prescribed by law or ordinances for water taps, sewer connections, electrical permits, erection of signs and display structures, marquees or other appurtenant structures, or fees for inspections, certificates of use and occupancy or other privileges or requirements, both within and without the jurisdiction of the Building Inspector or his/her designees.
Moving of buildings. The fee for a building permit for the removal or moving of a building or structure from one lot to another or to a new location on the same lot shall be per the Town of Winneconne fee schedule and shall be paid to the Town Clerk.
Refunds. In the case of a revocation of a permit or abandonment or discontinuance of a building project, refunds shall be at the discretion of the Building Inspector. Refunds, if granted, shall only include fees that are refundable, and they shall be based on the amount of work completed.
In addition to any penalty imposed for violations of this chapter, any person who shall cause physical damage to or destroy any public property shall be liable for costs of replacing or repairing such damage or destroyed property.