[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.
A.
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:
B.
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.
A.
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.
B.
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
C.
Demolition. The fee for a permit for the demolition of
a building or structure shall be per the Town of Winneconne fee schedule.
D.
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:
B.
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.
C.
The Town shall have the right to seek injunctive relief.
