[HISTORY: Adopted by the of the by Town Board of the Town of Winneconne 4-21-2005. Amendments noted where applicable.]
All buildings or structures that are or hereafter shall become unsafe, unsanitary, or deficient in adequate exit facilities, or which constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or which by reason of illegal or improper use, occupancy or maintenance, shall be deemed unsafe buildings or structures. All unsafe buildings shall be taken down and removed or made safe and secure, as the Building Inspector or designees may deem necessary and as provided in this section. A vacant building, unguarded or open at door or window, shall be deemed a fire hazard and unsafe within the meaning of the Town Building Code.
The Building Inspector or designees shall examine every building or structure reported as dangerous, unsafe structurally or constituting a fire hazard and shall prepare a report for unsafe structures and premises, stating the use of the building, and the nature of damages, if any, caused by collapse or failure.
If an unsafe condition is found in a building or structure, the Building Inspector or designees shall give notice of such findings to the owner, agent or person in control of the building or structure and order compliance with the ordinance as hereinafter provided. Such notice shall describe the building or structure deemed unsafe and shall require repairs or improvement to be made to render the building or structures safe and secure, or require the unsafe building or structure or portion thereof to be demolished. Such notice and order shall be in writing on an appropriate form and shall include:
Such notice and order shall be served upon the owner, agent or person in control of the building or structure; however, the notice and order shall be deemed to be properly served if such owner, agent or person in control of the building or structure is sent a copy thereof by U.S. Postal Service to his last known address and a copy is posted in a conspicuous place in or on the building or structure affected.
A building or structure condemned by the Building Inspector or designees may be restored to a safe condition; except that if the damage or cost of reconstruction or restoration is in excess of 50% of its replacement value, exclusive of foundations, such building shall be made to comply in all respects with the requirements for materials and methods of construction of buildings hereafter erected.
Before a building can be demolished or removed or a mobile 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 demolish, remove or relocate a building 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.
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 or designees, 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, removal or demolition 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 designees
Demolition. The fee for a permit for the demolition of a building or structure shall be per the Town of Winneconne fee schedule.
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.
Upon refusal or neglect of the person served with an unsafe notice to comply with the requirements of the order to abate the unsafe condition, the following remedies and penalties shall apply:
In addition to any other penalty imposed in this General Code, the Town shall have the right to abate the unsafe condition, and the cost of abating the unsafe condition by the Town shall be collected as a debt from the owner, occupant, or person causing, permitting, or maintaining the unsafe condition; and if notice to abate the unsafe condition has been given to the owner, such costs shall be assessed against the real estate as a special charge.
The Town shall have the right to seek injunctive relief.