[HISTORY: Adopted by the Town Board of the
Town of Grand Chute as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Erosion and sediment control — See Ch. 275.
Fire prevention — See Ch. 291.
Housing standards — See Ch. 317.
Impact fees — See Ch. 330.
Property maintenance — See Ch. 423.
Sewers — See Ch. 440.
Stormwater management — See Ch. 463.
Subdivision of land — See Ch. 475.
Water — See Ch. 523.
Zoning — See Ch. 535.
[Adopted 1-7-1997 as Ch. 13 of the 1997 Code]
A.
Title. These regulations (Articles I and II of this chapter and Chapter 317, Housing Standards) shall be known as the "Town Building Code." They shall control all matters concerning the construction, alteration, addition, repair, removal, demolition, use, location, occupancy and maintenance of all buildings and structures and their service equipment as herein defined and shall apply to existing or proposed buildings and structures, except as such matters are otherwise provided for in other ordinances or statutes.[1]
B.
Code remedial. The Town Building Code shall be construed
to secure its expressed intent and ensure public safety, health and
welfare, insofar as they are affected by building construction, through
structural strength, adequate egress facilities, sanitary equipment,
light and ventilation and firesafety and, in general, to secure safety
to life and property from all hazards incident to the design, erection,
repair, removal, demolition or use and occupancy of buildings, structures,
or premises.
The provisions of the Town Building Code shall
apply to all buildings and structures and their appurtenant constructions,
including vaults, area and street projections, and accessory additions,
and shall apply with equal force to municipal, county, state and private
buildings, except where such buildings are otherwise specifically
provided for by statute.
A.
Exemptions. No building or structure shall be constructed, extended, repaired, removed or altered in violation of these provisions, except for ordinary repairs as defined in § 220-3 hereof and except further that the raising or lowering or moving of a building or structure as a unit necessitated by a change in legal grade or widening of a street shall be permitted, provided that the building is not otherwise altered or its use or occupancy changed.
B.
Matters not provided for. Any requirement essential
for structural, fire- or sanitary safety of an existing or proposed
building or structure or essential for the safety of the occupants
thereof and which is not specifically covered by the Building Code
shall be determined by the Building Inspector, subject to review by
the Town Board or board duly authorized to hear such appeal.
C.
Continuation of unlawful use. The continuation of occupancy or use of a building or structure or of a part thereof which occupancy or use is commenced after January 3, 1969, contrary to the provisions of the Town Building Code shall be deemed a violation and subject to the penalties as prescribed in § 220-22C.
Ordinary repairs to buildings may be made without
application or notice to the Building Inspector, but such repairs
shall not include the cutting away of any wall, partition or portion
thereof, the removal or cutting of any structural beam or bearing
support, the removal or change of any required means of egress, or
the rearrangement of parts of a structure affecting the exit requirements,
nor shall ordinary repairs include addition to, alteration of, replacement
or relocation of any standpipe, water supply, sewer, drainage, drain
leader, gas, soil, waste, vent or similar piping, electric wiring
or mechanical or other work affecting public health or general safety.
When the installation, extension, alteration
or major repair of an elevator, moving stairway, mechanical equipment,
refrigerating, air-conditioning or ventilating apparatus, plumbing,
gas piping, electric wiring, heating system or any other equipment
is specifically controlled by the provisions of the Town Building
Code or the approved rules, it shall be unlawful to use such equipment
until a certificate of approval has been issued therefor by the Building
Inspector.
All buildings and structures and all parts thereof,
both existing and new, shall be maintained in a safe and sanitary
condition. All service equipment, means of egress, devices and safeguards
which are required by the Town Building Code in a building, or which
were required by a previous code in a building when erected, altered
or repaired, shall be maintained in good working order. The owner
or his designated agent shall be responsible for the safe and sanitary
maintenance of the building or structure and its exit facilities at
all times.
A.
Continuation of existing use. The legal use and occupancy
of any structure existing on June 30, 1974, or for which it had been
heretofore approved, may be continued without change, except as may
be specifically covered in the Town Building Code or as may be deemed
necessary by the Building Inspector for the general safety and welfare
of the occupants and the public.
B.
Change in use. It shall be unlawful to make any changes
in the use or occupancy of any structure which would subject it to
any special provision of the Town Building Code without approval of
the Building Inspector and his certification that such structure meets
the provisions of law governing building construction for the proposed
new use and occupancy.
A.
Except as provided in this section, existing buildings,
when altered or repaired as herein specified, shall be made to conform
to the full requirements of the Town Building Code for new buildings:
(1)
Alterations exceeding 50%. If alterations or repairs
are made within any period of 12 months costing in excess of 50% of
the physical value of the building; or
(2)
Damages exceeding 50%. If the building is damaged
by fire or any other cause to an extent in excess of 50% of the physical
value of the building before the damage was incurred.
B.
Alterations
under 50%. If the cost of alterations or repairs described herein
is between 25% and 50% of the physical value of the building, the
Building Inspector shall determine to what degree the portions so
altered or repaired shall be made to conform to the requirements for
new buildings.
C.
Alterations
under 25%. If the cost of alterations or repairs described herein
is 25% or less of the physical value of the building, the Building
Inspector shall permit restoration of the building to its condition
previous to damage or deterioration with the same kind of materials
as those of which the building was constructed, provided that such
construction does not endanger the general safety and public welfare
D.
Increase
in size. If the building is increased in floor area or number of stories,
the entire building shall be made to conform to the requirements of
the Town Building Code in respect to means of egress, firesafety,
light and ventilation.[1]
E.
Physical value. In applying the provisions of this
section, the physical value of the building shall be determined by
the Town Assessor based on current replacement costs.
A.
Building official. The Building Inspection Department
of Building Inspection of the Town is hereby created, and the executive
official in charge thereof shall be known as the "Building Inspector."
B.
Appointment. The Building Inspector shall be appointed
by the Town Board, and he shall not be removed from office except
for cause and after full opportunity has been granted him to be heard
on specific and relevant charges by and before the appointing authority.
C.
Organization. The Building Inspector shall appoint
such number of officers, technical assistants, inspectors and other
employees as shall be necessary for the administration of the Town
Building Code and as authorized by the Town Board.
D.
Deputy. The Building Inspector may designate an employee
as his deputy who shall exercise all the powers of the Building Inspector
during the temporary absence or disability of the Building Inspector.
E.
Restriction on employees. No official or employee
connected with the Building Inspection Department shall be engaged
in or directly or indirectly connected with the furnishing of labor,
materials or appliances for the construction, alteration or maintenance
of a building, or the preparation of plans or of specifications therefor,
unless he is the owner of the building, nor shall such officer or
employee engage in any work which conflicts with his official duties
or with the interests of the Department.
F.
Relief from person responsibility. The Building Inspector,
officer or employee charged with the enforcement of the Town Building
Code, while acting for the Town, shall not thereby render himself
liable personally, and he is hereby relieved from all personal liability
for any damage that may accrue to persons or property as a result
of any act required or permitted in the discharge of his official
duties. Any suit instituted against any officer or employee because
of an act performed by him in the lawful discharge of his duties and
under the provisions of the Town Building Code shall be defended by
the Town Attorney until the final termination of the proceedings.
In no case shall the Building Inspector or any of his subordinates
be liable for costs in any action, suit or proceeding that may be
instituted in pursuance of the provisions of the Town Building Code,
and any officer of the Building Inspection Department, acting in good
faith and without malice, shall be free from liability for acts performed
under any of its provisions or by reason of any act or omission in
the performance of his official duties in connection therewith.
G.
Official records. An official record shall be kept
of all business and activities of the Department, and all such records
shall be open to public inspection at all appropriate times.
The Building Inspector shall enforce all the
provisions of the Town Building Code and shall act on any question
relative to the mode or manner of construction and the materials to
be used in the erection, addition to, alteration, repair, removal,
or demolition, installation of service equipment, and the location,
use, occupancy and maintenance of all buildings and structures, except
as may otherwise be provided for by statutory requirements or as herein
provided.
A.
Applications and permits. He shall receive all applications
and be responsible for all permits issued for the erection and alteration
of buildings and structures and the examination of premises for which
such permits have been issued and the enforcement of compliance with
the Town Building Code provisions.
B.
Building notices and orders. He shall issue all necessary
notices or orders to remove illegal or unsafe conditions, to require
the necessary safeguards during construction, to require adequate
exit facilities in existing buildings and structures, and to ensure
compliance with all the code requirements for the safety, health and
general welfare of the public.
C.
Inspections. He shall make all the required inspections,
or he may accept reports of inspection of authoritative and recognized
services or individuals, and all reports of such inspections shall
be in writing and certified by a responsible officer of such authoritative
service or by the responsible individual, or he may engage such expert
opinion as he may deem necessary to report upon unusual technical
issues that may arise, subject to the approval of the appointing authority.[1]
D.
Department records. He shall keep official records
of applications received, permits and certificates issued, fees collected,
reports of inspections, and notices and orders issued. File copies
of all papers in connection with building operations shall be retained
in the official records so long as the building or structure to which
they relate remains in existence, and such records shall be furnished
to other municipal departments.
E.
Reports. He shall submit periodic reports as required
by the Town Board and an annual report summarizing the preceding year
to the municipal governing body.
A.
Rule-making authority. The Building Inspector shall
have power as may be necessary in the interest of public safety, health
and general welfare to adopt and promulgate rules and regulations
to interpret and implement the provisions of the Town Building Code
to secure the intent thereof and to designate requirements applicable
because of local climatic or other conditions, but no such rules shall
have the effect of waiving working stresses or fire-resistive requirements
specifically provided in the Town Building Code or of violating accepted
engineering practice involving public safety.
B.
Promulgation of rules. No rule or regulation shall
become effective until after the intention to adopt such rules shall
have been published in accordance with local ordinances.
C.
Amendment of rules. All rules adopted by the procedure
herein established shall have the same effect as provisions of the
Town Building Code, but such rules may be amended or repealed at any
time by the same procedure herein prescribed for their adoption.
A.
Variations. When there are practical difficulties
involved in carrying out structural or mechanical provisions of the
Town Building Code or of an approved rule, the Building Inspector
may vary or modify such provision upon application of the owner or
his representative, provided that the spirit and intent of the law
shall be observed and public welfare and safety shall be assured.
A.
Preliminary inspection. Before issuing a permit, the
Building Inspector shall examine or cause to be examined all buildings,
structures and sites for which an application has been filed for a
permit to construct, enlarge, alter, repair, remove, demolish or change
the use thereof, and he shall conduct such inspections from time to
time during and upon completion of the work for which he has issued
a permit, and he shall maintain a record of all such examinations
and inspections and of all violations of the Town Building Code.
B.
Final inspection. Upon completion of the building
or structure and before issuance of the certificate of occupancy required
in this article, a final inspection shall be made and all violations
of the approved plans and permit shall be noted and the holder of
the permit shall be notified of the discrepancies.[1]
In the discharge of his duties, the Building
Inspector or his authorized representative may enter at any reasonable
hour any building, structure or premises in the Town to enforce the
provisions of the Town Building Code.
A.
When permit is required. It shall be unlawful to construct, enlarge, alter, remove or demolish, or change the occupancy of a building from one use group to another requiring greater strength, exit or sanitary provisions, or to change to a prohibited use, or to install or alter any equipment for which provision is made or the installation of which is regulated by the Town Building Code, without first filing an application with the Building Inspector on the form provided in writing and obtaining the required permit therefor, except that ordinary repairs as defined in § 220-3 which do not involve any violation of the Town Building Code shall be exempt from this provision.
B.
By whom application is made. Application for a permit
shall be made by the owner or lessee of the building or structure,
or agent of either, or by the licensed engineer or architect employed
in connection with the proposed work. If the application is made by
a person other than the owner in fee, it shall be accompanied by a
duly verified affidavit of the owner or the qualified person making
the application that the proposed work is authorized by the owner
in fee and the applicant is authorized to make such application. The
full names and addresses of the owner, lessee, applicant, and of the
responsible officers, if the owner or lessee is a corporate body,
shall be stated in the application.
C.
Description of work. The application shall contain
a general description of the proposed work, its location, the use
and occupancy of all parts of the building or structure and of all
portions of the site or lot not covered by the building, and such
additional information as may be required by the Building Inspector.
D.
Plans and specifications. The application for the
permit shall be accompanied by not fewer than two copies of specifications
and of plans drawn to scale with sufficient clarity and detail dimensions
to show the nature and character of the work to be performed. When
quality of materials is essential for conformity to the Town Building
Code, specific information shall be given to establish such quality,
and in no case shall this code be cited or the term "legal" or its
equivalent be used as a substitute for specific information.
E.
Plot diagram. There shall also be filed a plot plan
showing to scale the size and location of all the new construction
and all existing structures on the site, distances from lot lines
and the established street grades, and it shall be drawn in accordance
with an accurate boundary line survey. In the case of demolition,
the plot plan shall show all construction to be demolished and the
location and size of all existing buildings and construction that
are to remain on the site or plot.
F.
Engineering details. The Building Inspector may require
adequate details of structural, mechanical and electrical work, including
computations, stress diagrams and other essential technical data,
to be filed. All engineering plans and computations shall bear the
signature of the engineer or architect responsible for the design.
G.
Amendments to application. Subject to the limitations of Subsection H, amendments to a plan, application or other records accompanying the same may be filed at any time before completion of the work for which the permit is sought or issued, and such amendments shall be deemed part of the original application and shall be filed therewith.
H.
Time limitation of application. An application for
a permit for any proposed work shall be deemed to have been abandoned
six months after the date of filing unless such application has been
diligently prosecuted or a permit shall have been issued, except that,
for reasonable cause, the Building Inspector may grant one or more
extensions of time for additional periods not exceeding 90 days each.
A.
Action on application. The Building Inspector shall
examine or cause to be examined all applications for permits and amendments
thereto within 48 hours' time after filing. If the applicant or the
plans do not conform to the requirements of all pertinent laws, he
shall reject such application in writing stating the reasons therefor.
If he is satisfied that the proposed work conforms to the requirements
of the Town Building Code and all laws and ordinances applicable thereto,
he shall issue a permit therefor as soon as possible.
B.
Suspension of permit. Any permit issued shall become
invalid if the authorized work is suspended or abandoned for a period
of six months after the time of commencing the work.
C.
Previous approvals. Nothing in the Town Building Code
shall require changes in the plans, construction or designated use
of a building for which a lawful permit has been heretofore issued
or otherwise lawfully authorized and the construction of which shall
have been actively prosecuted within 90 days after and the entire
building shall have been completed as authorized within two years
after the date of approval of the application.
D.
Signature on permit. The Building Inspector shall
attach his signature to every permit.
E.
Approved plans. The Building Inspector shall stamp
or endorse in writing both sets of corrected plans "Approved," and
one set of such approved plans shall be retained by him and the other
set shall be kept at the building site, open to inspection of the
Building Inspector or his authorized representative at all reasonable
times.
F.
Revocation of permits. The Building Inspector may
revoke a permit or approval issued under the provisions of the Town
Building Code in case of any false statement or misrepresentation
of fact in the application or on the plans on which the permit or
approval was based.
G.
Approval in part. The Building Inspector may issue
a permit for the construction of foundations or any other part of
a building or structure before the entire plans and specifications
for the whole building have been submitted, provided that adequate
information and detailed statements have been filed complying with
all the pertinent requirements of the Town Building Code. The holder
of such permit for the foundations or other part of a building or
structure shall proceed at his own risk with the building operation
and without assurance that a permit for the entire structure will
be granted.
H.
Posting of permit and site plan. A true copy of the
building permit shall be kept on the site of operations open to public
inspection during the entire time of prosecution of the work and until
the completion of the same.
A.
Payment of fees. No permit shall be issued until the
fees have been paid.
B.
Compliance with code. The permit shall be a license
to proceed with the work and shall not be construed as authority to
violate, cancel or set aside any of the provisions of the Town Building
Code, except as specifically stipulated by modification or legally
granted variation as described in the application.
C.
Compliance with permit. All work shall conform to
the approved application and plans for which the permit has been issued
and any approved amendments thereto.
D.
Compliance with plot plan. All new work shall be located
strictly in accordance with the approved plot plan.
E.
Change in plot plan.
(1)
No lot or plot shall be changed, increased or diminished
in area from that shown on the official plot plan unless a revised
diagram showing such changes accompanied by the necessary affidavit
of the owner or applicant shall have been filed and approved, except
that such revised plot plan will not be required if the change is
caused by reason of an official street opening, street widening or
other public improvement.
(2)
Condominium plats. No permit shall be issued for any
structure to be constructed within a condominium plat recorded pursuant
to Ch. 703, Wis. Stats., unless:
F.
Cleanliness; removal of debris. Every building shall
be kept reasonably clean, during construction and after construction,
and shall be kept reasonably free from any accumulation of dirt, filth,
rubbish, garbage, excess building materials or other matter in or
on the same or in the yards, courts, passages, areas or alleys connected
with or belonging to the same. Streets shall be kept clear and clean
of boards, nails or other debris and shall be further kept clean of
accumulation of dirt, mud or ground. The holder of the permit, whether
the owner of the premises upon which construction is being undertaken
or the general contractor or any subcontractor on said building project,
shall be responsible for hauling all rubbish and debris away from
the construction site at the contractor's expense or the expense of
the subcontractor or the owner, as agreed between the parties, all
at no cost to the Town of Grand Chute. This subsection includes residential,
commercial and industrial construction and any remodeling of existing
residential, commercial or industrial properties. This subsection
may be enforced as herein provided or under public nuisances, under
the abatement thereof.[1]
[Amended 10-7-1997]
A.
Permit required. No building shall be moved over the
streets or roads of the Town unless a permit has been granted by the
Town Clerk.
B.
Application. Any person wishing to move a building
over the streets or roads of the Town shall make application to the
Building Inspector 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.
C.
Permit to state requirements.
(1)
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.
(2)
The moving of the building shall be continuous during
all hours of the day and day by day if the Town Board so orders until
the moving is completed, to cause the least possible obstruction to
streets or roads.
(3)
No building shall be allowed to remain stationary
overnight on any street or road, crossing, or intersection.
(4)
Red warning lights shall be placed conspicuously at
both ends of the building during the night.
(5)
The mover of the building shall report daily to the
Town Fire Department and the Town police the location of the building
on the street or road.
(6)
If a building being moved must remain stationary on
a street or road for any period of time, permission for such shall
be obtained from the designated authority and the Building Inspector,
and the building shall be so placed as to permit easy access to any
fire hydrant.
D.
Permits to be granted. No permit shall be granted
by the Town Clerk for the moving of buildings over the streets or
roads of the Town without certain conditions being met.
(1)
The axle load shall be such that there is no damage
to the road surface as determined by the Building Inspector.
(2)
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.
(3)
No building shall be moved over a bridge in the Town.
(4)
The applicant shall deposit with the Town Clerk a
bond of $2,000 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.
E.
Inspector to be appointed.
(1)
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.
(2)
The Building Inspector may appoint an inspector to
be present during the moving operations to supervise such moving.
The appointment of an inspector in no way relieves the mover from
any liability for damage that may be done during the moving operation.
The Building Inspector may also request the Town Department of Public
Works to trim the necessary trees along the route. The costs of the
inspector and tree trimmers shall be billed at actual cost to the
mover.[1]
F.
Buildings moved within Town. No building shall be
moved from one location to another location within the Town limits
without certain conditions being met.
(1)
The Building Inspector shall issue a building permit
for the relocation of said building in compliance with all building
and zoning regulations.
(2)
A relocation shall not be made if there is a protest
unless so granted by a three-fourths vote of the Town Board. A protest
of the relocation shall be 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.[2]
(3)
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.
(4)
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 Town Clerk and the Building Inspector under Subsection F(1) above.
(5)
No building being moved from within the Town to outside
the Town shall require a building permit.
Before a building can be demolished or removed,
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 or remove 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.
Notice to adjoining owners. Only when written notice
has been given by the applicant to the owners of adjoining lots and
to the owners of wired or other facilities, the temporary removal
of which may be necessitated by the proposed work, shall a permit
be granted for the removal of a building or structure.
B.
Lot regulation. Whenever a building is demolished
or removed, 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.
A.
No permit to begin work for new construction, alteration,
removal, demolition or other building operation shall be issued until
the fees prescribed in this code 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.
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 ordinance for water
taps, sewer connections, electrical permits, or the erection of signs
and display structures, marquees or other appurtenant structures,
or fees for inspections, certificates of occupancy or other privileges
or requirements, both within and without the jurisdiction of the Building
Inspector.[1]
C.
New construction and alterations. The fee for a building
permit shall be based on the square feet of the structure or as otherwise
prescribed in the local ordinances, and the Building Inspector may
establish by approved rules a schedule of square foot rates for buildings
and structures where not established by the Town Board.
D.
Moving of buildings. The fee for a building permit
for the removal of a building or structure from one lot to another
or to a new location on the same lot shall be as periodically adopted
by the Grand Chute Town Board and shall be paid to the Town Clerk.
F.
Accounting. The Building Inspector shall keep an accurate
account of all fees collected for building permits, and such fees
collected by him shall be deposited monthly in the Town treasury or
otherwise disposed of as required by law.
G.
Refunds. In the case of a revocation of a permit or
abandonment or discontinuance of a building project, the volume of
work actually completed shall be computed and any excess fee for the
uncompleted work shall be returned to the permit holder, except that
all penalties that may have been imposed on the permit holder under
the requirements of the Town Building Code shall first be collected.
A.
New buildings. No building hereafter erected shall
be used or occupied in whole or in part until a certificate of occupancy
shall have been issued by the Building Inspector.
B.
Buildings hereafter altered. No building hereafter
enlarged, extended or altered to change from one use group to another,
in whole or in part, and no building hereafter altered for which a
certificate of occupancy has not been heretofore issued shall be occupied
or used until the certificate shall have been issued by the Building
Inspector certifying that the work has been completed in accordance
with the provisions of the approved permit, except that any use or
occupancy which was not discontinued during the work of alteration
shall be discontinued within 30 days after the completion of the alteration
unless the required certificate is secured from the Building Inspector.
C.
Existing buildings. Upon written request from the
owner of an existing building, the Building Inspector shall issue
a certificate of occupancy, provided that there are no violations
of law or orders of the Building Inspector pending and it is established
after inspection and investigation that the alleged use of the building
has heretofore existed. Nothing in the Town Building Code shall require
the removal, alteration or abandonment of, or prevent the continuance
of the use and occupancy of, a lawfully existing building unless such
use is deemed to endanger public safety and welfare.
D.
Changes in use and occupancy. After a change of use
has been made in a building, the reestablishment of a prior use that
would not have been legal in a new building of the same type of construction
is prohibited unless all the applicable provisions of the Town Building
Code are complied with. A change from one prohibited use, for which
a permit has been granted, to another prohibited use shall be deemed
a violation of the Town Building Code.
E.
Temporary occupancy. Upon the request of a holder
of a permit, the Building Inspector may issue a temporary certificate
of occupancy for a building or structure, or part thereof, before
the entire work covered by the permit shall have been completed, provided
that such portion or portions may be occupied safely prior to full
completion of the building without endangering life or public welfare.
F.
Issuance of certificate. When a building or structure
is entitled thereto, the Building Inspector shall issue a certificate
of occupancy within 10 days after written application.
A.
Notice of violation. The Building Inspector shall
serve a notice of violation or order on the person responsible for
the erection, construction, alteration, extension, repair, use or
occupancy of a building or structure in violation of the provisions
of the Town Building Code, or in violation of a detail statement or
a plan approved thereunder, or in violation of a permit or certificate
issued under the provisions of the Town Building Code, and such order
shall direct the discontinuance of the illegal action or condition
and the abatement of the violation.
B.
Prosecution of violation. If the notice of violation
is not complied with promptly, the Building Inspector shall request
the Town Attorney to institute the appropriate proceeding at law or
in equity to restrain, correct or abate such violation of an approved
plan or directive of the Building Inspector or of a permit or certificate
issued under the provisions of the Town Building Code.
C.
Penalty. Any person who shall violate any provisions
of this article shall, upon conviction thereof, be fined in an amount
as prescribed in the Uniform Forfeiture and Bond Schedules for each
violation, together with the costs of prosecution, and in default
of payment of such forfeiture shall be imprisoned in the county jail
until such forfeiture is paid, but not exceeding 90 days. Each day
that a violation continues shall be deemed a separate offense.
D.
Abatement of violation. The imposition of the penalties
herein prescribed shall not preclude the Town Attorney from instituting
appropriate action to prevent unlawful construction, or to restrain,
correct or abate a violation, or to prevent illegal occupancy of a
building, structure or premises, or to stop an illegal act, conduct,
business or use of a building or structure in or about any premises.
A.
Notice to owner. Upon notice from the Building Inspector
that work on any building or structure is being prosecuted contrary
to the provisions of the Town Building Code, such work shall be immediately
stopped. The stop-work order shall be in writing and shall be given
to the owner of the property involved or to the owner's agent or to
the person doing the work and shall state the conditions under which
work may be resumed.
A.
Right of condemnation. 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
which by reason of illegal or improper use, occupancy or maintenance
are otherwise dangerous to human life or the public welfare, 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 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.[1]
B.
Examination and record of damaged building. The Building
Inspector shall examine every building or structure reported as dangerous,
unsafe structurally or constituting a fire hazard, and he shall cause
the report to be filed in a docket of unsafe structures and premises,
stating the use of the building and the nature and estimated amount
of damages, if any, caused by collapse or failure.
C.
Notice of unsafe building. If an unsafe condition
is found in a building or structure, the Building Inspector shall
serve on the owner, agent or person in control of the building or
structure a written notice describing the building or structure deemed
unsafe and specifying the required repairs or improvements to be made
to render the building or structure safe and secure or requiring the
unsafe building or structure or portion thereof to be demolished within
a stipulated time. Such notice shall require the person thus notified
to declare within the specified time to the Building Inspector his
acceptance or rejection of the terms of the order.
D.
Restoration of unsafe building. A building or structure
condemned by the Building Inspector may be restored to 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.
E.
Posting unsafe notice. If the person addressed with
an unsafe notice cannot be found within the Town after diligent search,
then such notice shall be sent by registered mail to the last known
address of such person and a copy of the unsafe notice shall be posted
in a conspicuous place on the premises, and such procedure shall be
deemed the equivalent of personal notice.
F.
Disregard of unsafe notice. 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 Town Attorney shall
be advised of all the facts and he shall institute the appropriate
action to compel compliance.
A.
Vacating buildings. When, in the opinion of the Building
Inspector, there is actual and immediate danger of failure or collapse
of a building or structure or any part thereof which would endanger
life, or when any structure or part of a structure has fallen and
life is endangered by the occupation of the building, the Building
Inspector is hereby authorized and empowered to order and require
the inmates and occupants to vacate the same forthwith. He shall cause
to be posted at each entrance to such building a notice reading as
follows: "This building is unsafe and its use or occupancy has been
prohibited by the Building Inspector, Town of Grand Chute," and it
shall be unlawful for any person to enter such building or structure
except for the purpose of making the required repairs or of demolishing
the same.
B.
Temporary safeguards. When, in the opinion of the
Building Inspector, there is actual and immediate danger of collapse
or failure of a building or structure or any part thereof which would
endanger life, he shall cause the necessary work to be done to render
such building or structure or part thereof temporarily safe, whether
or not the legal procedure herein prescribed has been instituted.[1]
C.
Closing streets. When necessary for the public safety,
the Building Inspector may temporarily close streets, buildings and
structures and places adjacent to such unsafe buildings and prohibit
the same from being used.
D.
Emergency repairs. For the purposes of this section,
the Building Inspector shall employ the necessary labor and materials
to perform the required work as expeditiously as possible.
E.
Costs of emergency repairs. Costs incurred in the
performance of emergency work shall be paid from the Town treasury
on certificate of the Building Inspector, and the Town Attorney shall
institute appropriate action against the owner of the premises where
the unsafe building or structure was located for the recovery of such
costs.
[Adopted 1-7-1997 as Ch. 14 of the 1997 Code]
A.
General permit requirement. No building, plumbing,
electrical, heating, ventilating or air-conditioning work shall be
performed in the Town of Grand Chute unless a permit therefor is obtained
as required by the provisions of this article.
B.
Payment of fees. All fees shall be paid to the Building
Inspector of the Town of Grand Chute before the Inspector shall issue
to the owner or his agent any permit herein required.
C.
Permit lapses. Any permit issued hereunder shall lapse
and be void unless the work for which the permit was obtained shall
be commenced within six months of the date of issuance.
D.
Revocation. If the Building Inspector shall find at
any time that the ordinances, laws, orders, plans and specifications
are not being complied with and that the holder of the permit refuses
to conform after a written notice posted at the site of the work,
the Building Inspector shall revoke the permit. When any such permit
is revoked, it shall be unlawful to do any further work thereunder
until the permit is reissued, except such work as the Building Inspector
may order to be done as a condition precedent to the reissuance of
the permit or as he may require for the preservation of human life
and safety or property.[1]
E.
Records. The Building Inspector shall keep a record
of all permits, fees and inspections and shall make an annual report
thereon to the Town Board.
F.
Deputy Building Inspector. A Deputy Building Inspector
may be appointed, subject to approval of the Town Board of the Town
of Grand Chute, to perform all necessary duties under the Building,
Electrical, and Plumbing Codes herein, including the issuing of permits.
The Town Board of the Town of Grand Chute shall have authority to
appoint Deputy Building Inspectors in place of the Building Inspector
to perform all functions required of the Building Inspector under
the Building, Electrical and Plumbing Codes herein.[2]
A.
Building permits and inspection.
(1)
Permit required. No building or any part thereof shall
hereafter be erected within the Town of Grand Chute or ground broken
for the same, except as hereinafter provided, until a permit therefor
shall first have been obtained from the Building Inspector by the
owner or his authorized agent. The term "building" as used in this
section shall include any building or structure and any enlargement,
alteration, heating or ventilating installation, moving or demolishing,
or anything affecting the fire hazards or safety of any building or
structure. No building permit shall be issued where a culvert will
be installed unless a permit for the proper size and type of culvert
first is obtained from the proper authority. No building permit shall
be issued for the erection of a building unless located upon a dedicated
highway, street or alley.[1]
(2)
Application. Application for a building permit shall
be made in writing upon a form furnished by the Building Inspector
and shall state the name and address of the owner of the land and
also of the owner of the building, if different, and the legal description
of the land upon which the building is to be located and shall contain
such other information as the Building Inspector may require for effective
enforcement of this section.
(3)
Plans. With such application there shall be submitted
two complete sets of plans and specifications, including a plot plan
showing the location of the proposed building with respect to adjoining
streets, alleys, lot lines and buildings. Plans for buildings required
to comply with the State Building Code shall bear a stamp of approval
from the Department of Safety and Professional Services. Such plans
and specifications shall be submitted in duplicate; one set shall
be returned after approval as hereinafter provided and the other set
shall remain on file in the office of the Clerk. All plans and specifications
shall be signed by the designer.
(4)
Waiver of plans. If the Building Inspector finds that
the character of the work is sufficiently described in the application,
he may waive the filing of plans for alterations, repairs or moving,
provided that the cost of such work does not exceed $2,000.
(5)
Approval of plans. If the Building Inspector determines
that the proposed building will comply in every respect with all ordinances
of the Town and all applicable laws and orders of the State of Wisconsin,
he shall officially approve and stamp one set of the plans and return
it to the owner and shall issue a building permit therefor which shall
be kept and displayed at the site of the proposed building. After
being approved, the plans and specifications shall not be altered
in any respect which involves any of the above-mentioned ordinances,
laws and orders, or which involves the safety of the building or occupants,
except with the written consent of the Building Inspector.[2]
(6)
Minor repairs. The Building Inspector may authorize
minor repairs or alterations which do not change the occupancy, area,
structural strength, fire protection, exits, light or ventilation
of the building without issuing a building permit.[3]
B.
State Building Code adopted.
[Amended 12-16-2003]
(1)
The following Wisconsin Administrative Codes, their
referenced codes and standards, and subsequent revisions are adopted
for municipal enforcement by the Building Inspectors, who shall be
certified as commercial building inspectors by the State of Wisconsin
Department of Safety and Professional Services. (Note: Where plan
review is conducted under the status of an agent municipality, the
review fees as established in Ch. Comm 2 shall be enforced.)
(2)
The following Wisconsin Administrative Codes, their
referenced codes and standards, and subsequent revisions are adopted
for municipal enforcement by the Building Inspectors, who shall be
certified as Uniform Dwelling Code inspectors by the State of Wisconsin
Department of Safety and Professional Services: Chapters Comm 20 to
25, Uniform Dwelling Code.
(a)
The Uniform Dwelling Code is hereby adopted
by reference as part of this article with respect to all additions
or remodeling of existing dwellings.
(b)
General requirements and applicable standards
contained within the Uniform Dwelling Code are also adopted by reference
as part of this article with respect to all residential accessory
buildings and structures.
C.
Permit fees. See the Town Fee Schedule. Before a permit
is issued to a contractor, the owner or his agent, the fees shall
be paid to the Town Building Inspector at the same time the permit
is issued.[5]
D.
Hold harmless agreement. The developer responsible
for installation of public improvements as required by the Roadway
Development Agreement and Town Code shall execute a hold harmless
agreement prior to the Town issuing a building permit in the development.
The hold harmless agreement shall make the developer responsible for
all maintenance and liability for the public improvements until all
public improvements are completed and accepted by the Town Board and
Sanitary Districts.
[Amended 7-15-2003]
E.
Public improvement requirements for building permit
and certificate of occupancy.
[Amended 7-15-2003]
(1)
No building permit shall be issued for any construction
of any structure until sewer (or county-approved septic system), water
(or approved well), public street grading and paving, stormwater collection
system and stormwater detention system are installed necessary to
serve the structure for which the permit is required.[6]
(2)
Staff may issue building permits prior to Town Board/Sanitary District acceptance of the public improvements if the Town Engineer has approved the public improvements and the developer has executed a hold harmless agreement according to Subsection D.
(3)
No certificate of occupancy shall be issued until
the Town Board and Sanitary Districts have approved and accepted the
public improvements.
F.
New methods and materials. All materials, methods
of construction, and devices designed for use in buildings or structures
covered by this article and not specifically mentioned in or permitted
by this article shall not be so used until approved in writing by
the Department of Safety and Professional Services of Wisconsin 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 issued by the State Department of Safety
and Professional Services. 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 Safety and Professional
Services. The data, test and other evidence necessary to prove the
merits of such material, method of construction or device shall be
determined by the Department of Safety and Professional Services.[7]
G.
Unsafe buildings. Whenever the Building Inspector
finds any building or part thereof within the Town to be in his judgment
so old, dilapidated or so out of repair as to be dangerous, unsafe,
unsanitary or otherwise unfit for human habitation, occupancy or use,
and so that it would be unreasonable to repair the same, he 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.
A.
State law adopted. The Wisconsin State Electrical
Code, Ch. Comm 16, Wis. Adm. Code, is adopted by reference as a part
of this article.
B.
Administration.
(1)
Duties of Building Inspector. The Inspector shall
enforce all the ordinances or laws relating to electrical installation,
including any lawful orders issued by the Department of Safety and
Professional Services or any other agency of the State of Wisconsin,
and there is hereby vested in the Department the necessary power and
authority to properly execute such duties. "Inspector" as used in
this article means the Building Inspector.
(2)
Authority to discontinue electrical operations. The
Inspector may cause the turning off of all electrical currents to
any equipment which he finds to be in an unsafe condition and may
cut or discontinue electrical services in case of emergency and where
such electrical currents are dangerous to life or property or may
interfere with the work of the Fire Department. No person shall reconnect
any equipment thus cut off until written permission is given by the
Inspector.
(3)
Periodic inspection. The Inspector periodically may
make thorough examinations of all the electrical wires and appliances
installed within the Town, and when such wires or appliances are found
to be in a dangerous or unsafe condition he shall notify the person
owning, using, operating, or installing the same to place them in
a safe condition. Any person failing or refusing to make the necessary
repairs or changes and have such completed within 15 days (or any
longer period which may be deemed reasonably by the Inspector) after
the receipt of such notice shall forfeit and pay into the Town treasury
the prescribed sum for each day which shall elapse after the expiration
of said period, and the Inspector may order the discontinuance of
electrical service to such defective wires or equipment until they
have been repaired, removed, or changed as directed by the Inspector,
subject to the limitations of this article.
C.
Licenses.
(1)
License required. No person shall perform the work
of an electrical contractor unless licensed by the State of Wisconsin.
Qualifications for an electrical contractor's license shall be defined
by the State of Wisconsin.
(2)
Exemptions.
(a)
Employees of electrical, telephone, telegraph
and railway utilities may perform the planning or superintending and
installation, operation and maintenance of equipment and materials
required for the operation of the business of such utilities without
a license, but when said employees perform said work on property or
premises of others, except when making service connections and installing
and testing transformers, meters and other equipment ordinarily furnished
by and remaining the property of the utility, they shall be licensed
in the same manner provided for in this article.
(b)
The operating engineers and their assistants
in charge of power generating plants, prime movers, and all auxiliary
equipment, and appliances connected therewith, shall be exempt in
the supervision, maintenance, and repairs and in the operation of
the electrical equipment under their jurisdiction.
(c)
Plant electricians regularly employed by an
employer may not be licensed while doing electrical maintenance work
that is limited exclusively to the plant or shop of their employees.[1]
(d)
A homeowner may personally wire his own single-family
dwelling, but a permit must be procured and work inspected and approved
in the same manner as for a licensed electrician. An owner must prove
his competence to conform to all rules and regulations. "Homeowner"
is a person owning and occupying as his permanent address a single-family
dwelling.
(3)
Revocation of licenses. Any license under the provisions
of this article may be revoked by the designated authority if the
licensee violates any ordinance or law relating to electrical work
or is guilty of installing electrical construction which is a hazard
to life or property.
D.
Permits.
(1)
When to issue. The Inspector shall issue permits for
all electrical installations for light, heat or power upon the filing
of proper application which shall be made on forms furnished by the
Inspector and shall describe the nature of the work as well as such
other information as may be required for inspection. In no case shall
any electrical work be started unless a permit has been obtained,
unless the same is exempt. The Inspector may require the applicant
to furnish plans and specifications covering the work to be done.
No permit shall be required for repairs made necessary for the proper
maintenance of an existing installation.
(2)
Temporary work. On applying for a permit for temporary
work a specified period of time for which such wiring is to remain
in service must be stated. Service shall be cut off at the end of
this period and shall not again be connected without written permission
from the Inspector.
E.
Inspection. Upon the completion of the wiring of any
building or before any wiring is to be hidden from view, the person
doing the same shall notify the Inspector, and he shall inspect the
installation within 48 hours of the time such notice is received.
If, upon inspection, it is found that such installation is fully in
compliance with this article and does not constitute a hazard to life
or property, he shall approve the same and authorize concealment of
such wiring or connection for electrical service. If the installation
is incomplete or not strictly in accordance with this article, he
shall issue an order to the person installing the same to remove all
hazards and make the necessary changes or additions within 10 days.
Concealment of electrical work before inspection or failure to comply
with the order of the Inspector shall constitute a violation of this
article.
F.
Construction requirements. No certificate of inspection
shall be issued unless the electric light, power, or heating installation
and all other electrical apparatus connected with it are in strict
conformity with the provisions of this article and the rules and regulations
of the State Electrical Code. Any person who shall make any additions,
corrections, alterations, or connections to the installation after
approval of the Inspector shall be responsible for the correct operation
of the installation.[3]
G.
Arbitration. When the Inspector condemns all or part
of the electrical installation in any building, the owner, within
five days after receiving written notice from the Inspector, may file
a petition in writing for review of said action of the Inspector to
the Town Board, upon receipt of which said Board shall at once proceed
to determine whether said electrical construction complies with this
article and within three days shall make a decision in accordance
with its findings.
H.
Liability of owner of electrical wiring and equipment.
This article shall not be construed to relieve from or lessen the
responsibility or liability of any party owning, operating, controlling
or installing any electrical equipment for damages to anyone injured
or any property destroyed by any defect therein, nor shall the municipality
be held as assuming any such liability by reason of inspection authorized
herein or certificate issued as herein provided.
A.
License
required.[1]
(1)
No
person shall engage in the business of installation, servicing, repairing
or cleaning of heating, ventilation or air-conditioning equipment
without obtaining any license required by state law therefor.
(2)
Firms, partnerships and corporations. A firm, partnership, or corporation may perform or contract to perform the work described in Subsection A(1) so long as it employs a person licensed hereunder who shall have immediate supervision of such work. If the licensee ceases to be employed by such firm, partnership or corporation, a new licensee shall be employed within 60 days.
(3)
Heating contractor. A person licensed as required
above and the person, firm, partnership or corporation who or which
employs such licensee shall be a licensed heating contractor for purposes
of this article.
B.
Permits.
(1)
Taking out permit for another prohibited. No licensee
shall take out a permit for work to be done by another contractor.
Violation of this subsection shall be cause for revocation of the
contractor's permit, and the Building Inspector may refuse the work.
(2)
When permit required. A permit shall be required for
new installations and additions and alterations to any type of heating,
ventilating and air-conditioning installation and any type of duct
work.
C.
Inspection.
(1)
The Building Inspector shall examine and approve,
when correct, all plans and specifications for the performance of
any work governed by this article, point out in what respect such
plans or specifications are defective or in violation of this article,
inspect all work done in this area that requires inspection, and stop
work being done in violation of this article. The Inspector shall
have the right to enter upon a premises or into any building or enclosure
where he has reasonable cause to believe work is being done.
(2)
In any new building or addition, immediately upon
completion and prior to use of those portions of the installation
which are thereafter concealed or covered, the heating contractor
must notify the Inspector. No person shall lath, plaster or cover
any such work before inspection has been made. The Inspector must
make inspection within two working days after notice for inspection,
excepting Sundays or holidays. All other inspections (such as old
work) shall be made immediately upon notification of completion of
such work.[3]
[3]
Editor's Note: The following original sections, which immediately
followed this section, were repealed 12-20-2011 by Ord. No. 2011-30:
§ 14.21, Gravity warm air system, § 14.22, Forced
warm air winter air conditioning, § 14.23, Warm air ceiling
panel systems, § 14.24, Perimeter heating, § 14.25,
Hot water and steam heating equipment, § 14.26, Electric
heating, § 14.27, Oil burner and oil burner equipment for
single and two family residences, § 14.28, Stokers and stoker
fired heating, and § 14.29, Minimum requirements for the
installation of gas fired equipment.
A.
State code adopted. The State Plumbing Code, Chs.
SPS 381 through 387 and SPS 320 through 325, Wis. Adm. Code, and Ch.
145, Wis. Stats., are hereby adopted as part of this article. The
provisions thereof and of this article shall govern all plumbing,
private sewage disposal and drainage work, and no plumbing, private
sewage disposal and drainage work shall be done except in accordance
with said codes and this article.
[Amended 6-29-2023 by Ord. No. 2023-06]
B.
Report of existing insanitary installations. When
directed by the Health Officer or upon written and signed complaint
of any person to the Health Officer that work covered by this article
is contrary to the ordinances of the Town or is a menace to health,
the Building Inspector shall investigate the cause for complaint on
said premises. He shall report his findings in writing to the Health
Officer, suggesting such changes and corrections as are necessary
to put the same in proper sanitary condition. The Building Inspector
may also make such report at his own discretion or upon written and
signed complaint made to him. The Health Officer thereupon shall direct
such changes and corrections to be made as he deems necessary and
fix a time for having the same done.
C.
Inspection of vacant properties and relocated buildings.
(1)
All rentable properties, upon becoming vacant, may
be inspected by the Building Inspector and their sanitary condition
determined. If the plumbing or any work covered by this article is
in an insanitary condition or a menace to health or safety, the Building
Inspector shall report to the Health Officer, and the premises shall
be repaired and put in a sanitary condition before a new occupant
takes possession.
(2)
The plumbing in buildings moved from one lot or location
to another shall be inspected by the Building Inspector and, when
found necessary, tested in a manner satisfactory to said Building
Inspector at the expense of the owner. If plumbing is found unsafe
or insanitary, the same shall be repaired or remodeled and made to
reasonably comply with this article.
D.
Discharging of drains and sewers.
(1)
No person shall discharge domestic sewage, industrial
wastes or septic tank effluent onto the surface of the ground, into
any drainage ditch, or into the river or any stream, or into any storm
sewer or drain, or permit the same to be so discharged.
(2)
Roof leaders, surface drains, groundwater drains,
foundation footing drains, and other clear water drains shall be connected
wherever possible with a storm sewer, but they shall not be connected
to a building sewer which discharges into a sanitary sewer or private
sewage treatment plant. Air-conditioning and clear water drains not
described herein shall also discharge to storm drains or sewers unless
special permission is obtained from the Building Inspector where an
unnecessary hardship would result and the spirit of this subsection
will be observed. If stormwater or clear water is being discharged
into a sanitary sewer, the Building Inspector shall give the offending
person 15 days' notice to disconnect. Failure to disconnect after
such notice shall authorize the Building Inspector to cause disconnection
and assessment of the costs of such disconnection against the property
involved. The Building Inspector may, in the alternative, institute
action for violation of this subsection.
(3)
Sump pumps.
[Added 7-18-2017 by Ord.
No. 2017-09; amended 6-29-2023 by Ord. No. 2023-06]
(a)
New installations. In all new construction, sump pumps (which
must be approved) shall discharge into a storm sewer where such is
available or can be made available, unless dictated otherwise via
permit by another governmental agency with regulatory oversight. The
definition of "new construction" shall include any additional sump
pump added to a structure after the effective date of this amendment.[1] In areas where storm sewer is not available, the sump
pump shall discharge onto the surface at least three feet from the
building foundation. Discharge from the sump pump shall be directed
either toward the rear or front lot line and shall not be directed
as to flow onto adjacent property (unless it indirectly flows into
a recorded drainage/stormwater easement prior to flowing onto adjacent
property). Discharge from a sump pump shall not create a nuisance.
The sump pump discharge shall be considered a nuisance in situations
including, but not necessarily limited to, such discharge creating
icing problems, damaging a Town street, sidewalk, or trail, creating
continuous ponds of standing water, or flowing over adjoining property
(except as indicated above). Presence of standing water apparently
resulting from sump pump discharge (in the opinion of the Director
of Public Works or the Chief Building Inspector) that remains for
more than 72 hours after the cessation of a rainfall event on any
lot within a residential zoning district that is improved with one
or more residential dwelling units so as to cause property damage
shall constitute a standing water public nuisance. The point of discharge
shall be a minimum of 10 feet from a property line and a minimum of
five feet from the drainage/stormwater easement line to allow for
infiltration and reduce erosion.
[1]
Editor's Note: This refers to the amendment enacted by
Ordinance No. 2023-06, adopted 6-29-2023.
(b)
Existing installations.
[1]
Existing installations are defined as any sump pump installed prior to the effective date of this amendment. All sump pumps shall discharge into a storm sewer where such is available or can be made available if, in the opinion of the Director of Public Works or Chief Building Inspector, the sump pump discharge creates a nuisance [as defined in § 220-31D(3)(a), above]. As an interim step, the discharge point may be moved. The point of discharge shall be a minimum of ten feet from a property line and a minimum of five feet from the drainage/stormwater easement line to allow for infiltration and reduce erosion, unless site constraints warrant a variance. If the nuisance continues, the Chief Building Inspector or his/her designee shall issue a connection order, in accordance with this section, ordering that the property connect the sump pump discharge to the storm sewer. The expense incurred to connect to the storm sewer is the responsibility of the property owner.
[a]
Issuance of a connection order. The Chief Building
Inspector or his/her designee shall issue a written order that a property
drain its sump pump discharge into a storm sewer.
[b]
Connection order; extensions. A connection order
may be served, in person or by first class mail, upon either the owner
of the property or its occupant. The order shall provide that the
connection to the storm sewer shall be made within 45 days after its
issuance. Upon reasonable written request made by the owner, time
extensions may be granted for ordered connections at the discretion
of the Building Inspector.
[2]
Sump pump point of discharge locations within drainage/stormwater
easements, within 10 feet of a property line, or towards side yards
prior to the effective date of this amendment may remain in their
current location unless prohibited by other governmental agencies
with regulatory oversight or in the opinion of the Director of Public
Works, Chief Building Inspector, or their designee a nuisance is created
as defined above.
E.
Permits and fees.
(1)
When permit is required; fees.
(a)
Town plumbing permit fees shall be as prescribed in the Town Fee
Schedule.
[Amended 12-20-2011 by Ord. No. 2011-30]
(b)
Any person desiring to do plumbing shall, before beginning active
work, file with the Building Inspector, upon application blanks furnished
by the Town, a description of the property and the nature of the work
to be done.
(2)
Permit restrictions; cancellation and withholding
of permits.
(b)
No plumbing or sewer permit shall be granted
to anyone who has failed to comply with this article. No permit shall
be issued to any person or to any master plumber against whom an order
issued by the Building Inspector is pending. No permit shall be issued
to any person who has been in the past found violating or has willfully
violated this article. Bad faith or unreasonable delay in the performance
of any work covered by this article or failure to respond promptly
to official communications shall be deemed sufficient reason for withholding
permits, and the master plumber shall be held responsible for the
violation of these regulations by himself or any of his employees.
(c)
All permits are good for a continuous performance
of the work named thereon; permits shall automatically expire when
work ceases for a period of 60 days without good and reasonable cause
for the same, and a permit shall automatically expire on completion
of the work for which it was issued.
(d)
The Building Inspector may cancel the permit
on any job for violation of the license law or codes and ordinances
and stop work in any case where installation is not being made in
compliance with this article.
(e)
The Building Inspector may cancel a permit upon
written request of a master plumber or the owner for which work is
being done, provided that acceptable arrangements shall first be made
for reissue of the permit to another master plumber for proper completion
of the work, and the original permit shall not be canceled until a
master plumber applies for and is granted a permit to complete the
work. The procedure for requested cancellation and reissue of permits
shall be as follows:
[1]
If the master plumber does not complete the
entire installation for which he received a permit, he shall immediately
notify the Building Inspector in writing requesting cancellation and
detailing the extent of the work he has done.
[2]
The person who has hired the master plumber
may request cancellation in writing and shall then specify the name
of the master plumber he is employing to finish the work.
[3]
The work shall be stopped until a permit has
been issued for completion.
F.
Notice for inspection. The Building Inspector shall
be notified for inspection in accordance with requirements of this
article and of the State Plumbing Code. Notification shall include
the owner's name, correct address of the property, and name of the
master plumber. No work shall be enclosed on any floor level before
approval of the Building Inspector. Such inspection and approval shall
not in any case constitute a guarantee against imperfection by either
the municipality or the Building Inspector.[2]
A.
Unless based on accepted engineering design, all new
building materials, appliances, equipment, systems or methods of construction
not provided for in this article shall be subjected to tests that
simulate the actual conditions which occur in normal use. Such tests
shall be made at the expense of the applicant at an independent testing
laboratory, and copies of the test results shall be kept on file in
the office of the Building Inspector.
B.
The Building Inspector may accept duly authenticated
reports from recognized authoritative sources in respect to the use
of any new materials, methods or systems of construction complying
with applicable specifications and standards of accepted engineering
practices or any such new materials, methods, or systems of construction
approved by the Department of Safety and Professional Services, State
of Wisconsin.
Prefabricated assemblies not capable of design
by accepted engineering analysis shall be subjected to tests. When
prefabricated assemblies are not readily accessible for inspection
at the site, the registered engineer or architect or other authorized
approved representative of the manufacturer shall furnish a certified
report of inspection. All tests and inspection records shall be accessible
to the Building Inspector at all times during fabrication and erection
of the building or assembly unit, or such records as he may designate
shall be filed with him.
All materials shall be identified by the approval
label, the grade mark, the trademark, or by other approved manufacturer's
identification.
A.
It shall be unlawful for any person to erect, use,
occupy, or maintain any building or structure in violation of any
provisions of this article or to cause, permit or suffer any such
violations to be committed. It shall be the responsibility of the
offender to abate the violation as expeditiously as possible, and
each day that such violation is permitted to continue shall constitute
a separate offense. Any person violating any of the provisions of
this article shall, upon conviction, be subject to a forfeiture as
prescribed in the Uniform Forfeiture and Bond Schedules, together
with the costs of prosecution, and in default of payment thereof shall
be imprisoned for a period of not less than one day nor more than
six months or until such forfeiture and costs are paid.
B.
If, in any action, a permit was issued, it shall not
constitute a defense, nor shall any error, oversight, or dereliction
of duty on the part of the Building Inspector constitute a defense.
It shall be unlawful to commence work prior
to obtaining a permit therefor. Triple fees shall be charged if work
is commenced prior to the issuance of a permit to do so.
The issuance of a building permit by the Building
Inspector does not convey the right to occupy any street, alley, right-of-way,
or sidewalk or part thereof either temporarily or permanently, nor
does it permit any other encroachments upon public property during
the construction permitted by such permit.
Permits for the following construction or installations
shall be required prior to such construction or installation:
A.
Signs, canopies and billboards. It shall be unlawful
for any person to erect, alter or relocate within the Town any sign
or other advertising structure without first obtaining a permit therefor
and paying a permit fee. Fees shall be per the Town Fee Schedule.
All illuminated signs shall be subject to the provisions of the Electrical
Code and the permits and fees required therein.[1]
B.
Swimming pools. A permit is hereby required for the
installation of any permanent exterior structure designed to contain
water for the purpose of bathing or swimming. Permanent exterior structures
or pools are defined as being so designed to contain water or its
equivalent on a year-round basis or are of such a nature as to not
be readily assembled or disassembled. This subsection does not apply
to water reservoirs or tanks which are completely enclosed and are
designed only for the purpose of water storage. Permit fees hereunder
shall be as prescribed in the Town Fee Schedule. Fees shall be paid
to the Building Inspector upon issuance of the permit.
Any person, firm or corporation that shall violate
any of the provisions of this article shall forfeit an amount as prescribed
in the Uniform Forfeiture and Deposit Schedule and the costs of prosecution
and, in default of payment of the fine and costs of prosecution, shall
be imprisoned in the county jail until such fine and costs are paid,
but not to exceed 60 days. Each day of violation of a provision of
this article shall constitute a separate offense. This section and
the penalties herein shall be in addition to penalties and remedies
provided for the enforcement of regulations and codes established
by the Wisconsin Administrative Code and the Wisconsin Statutes in
those provisions adopted or applied by this article.
