[HISTORY: Adopted by the City Council of
the City of Weyauwega 5-21-2001 by Ord. No. 2001-01 as Title 15, Ch. 1
of the 2001 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Construction site erosion control and stormwater management — See Ch. 230.
Driveways — See Ch. 241.
Historic preservation — See Ch. 287.
Housing standards — See Ch. 292.
Water and sewers — See Ch. 460.
Floodplain zoning — See Ch. 505.
Shoreland-wetland zoning — See Ch. 515.
Subdivision of land — See Ch. 520.
Zoning — See Ch. 530.
A.
Title. This chapter shall be known as the "Building
Code of the City of Weyauwega" and will be referred to in this chapter
as "this code" or "this chapter."
B.
Purpose. This chapter provides certain minimum standards,
provisions and requirements for safe and stable design, methods of
construction and uses of materials in buildings and/or structures
hereafter erected, constructed, enlarged, altered, repaired, moved,
converted to other uses or demolished and regulates the equipment,
maintenance, use and occupancy of all such buildings and/or structures.
Its purpose is to protect and foster the health, safety and well-being
of persons occupying or using such buildings and the general public.
C.
Scope. New buildings hereafter erected in, or any
building hereafter moved within or into the City, shall conform to
all the requirements of this chapter except as they are herein specifically
exempted from part or all of its provisions. Any alteration, enlargement
or demolition of an existing building and any installation therein
of electrical, gas, heating, plumbing or ventilating equipment which
affects the health or safety of the users thereof or any other persons
is a "new building" to the extent of such change. Any existing building
shall be considered a "new building" for the purposes of this chapter
whenever it is used for dwelling, commercial or industrial purposes,
unless it was being used for such purpose at the time this chapter
was enacted. The provisions of this chapter supplement the laws of
the State of Wisconsin pertaining to construction and use and the
Zoning Code of the City and amendments thereto to the date this chapter
was adopted and in no way supersede or nullify such laws and said
Zoning Code.[1]
A.
Permit required.
(1)
General permit requirement. No building of any kind
shall be moved within or into the City of Weyauwega and no new building
or structure, or any part thereof, shall hereafter be erected, or
ground broken for the same, or enlarged, altered, moved, demolished,
razed or used within the City, except as herein provided, until a
permit therefor shall first have been obtained by the owner or his/her
authorized agent from the Building Inspector.
(2)
Alterations and repairs. The following provisions
shall apply to buildings altered or repaired:
(a)
Alterations. When any existing building or structure
accommodates a legal occupancy and use but is of a substandard type
of construction, then alterations which involve beams, girders, columns,
bearing or other walls, room arrangement, heating and air-conditioning
systems, light and ventilation, or changes in location of exit stairways
or exits, or any or all of the above, may be made in order to bring
such existing construction into conformity with the minimum requirements
of this chapter applicable to such occupancy and use and given type
of construction, when not in conflict with any other regulations.[1]
(b)
Repairs. Repairs for purposes of maintenance
or replacements in any existing building or structure which do not
involve the structural portions of the building or structure or which
do not affect room arrangement, light and ventilation, access to or
efficiency of any exit stairways or exits, fire protection, or exterior
aesthetic appearance and which do not increase a given occupancy or
use shall be deemed minor repairs.
(c)
When alterations not permitted. When any existing
building or structure which, for any reason whatsoever, does not conform
to the regulations of this chapter has deteriorated from any cause
whatsoever to an extent greater than 50% of the equalized value of
the building or structure, no alterations or moving of such building
or structure shall be permitted. Any such building or structure shall
be considered a menace to public safety and welfare and shall be ordered
vacated and thereafter demolished and debris removed from the premises.
(d)
Alterations and repairs required. When any of
the structural members of any building or structure have deteriorated
from any cause whatsoever to less than their required strength, the
owner of such a building or structure shall cause such structural
members to be restored to their required strength, failing in which
the building or structure shall be considered a menace to public safety
and shall be vacated and thereafter no further occupancy or use of
the same shall be permitted until the regulations of this chapter
are complied with.
(e)
Extent of deterioration. The amount and extent
of deterioration of any existing building or structure shall be determined
by the Building Inspector.
B.
Application. Application for a building permit shall
be made in writing upon a form furnished by the Building Inspector
or his/her designee and shall state the name and address of the owner
of the land and also the owner of the building, if different, the
legal description of the land upon which the building is to be located,
the name and address of the designer, the use to which said building
is to be put and such other information as the Building Inspector
may require. For buildings under the Uniform Dwelling Code, state-prescribed
forms shall be used, per § 101.65(3), Wis. Stats., and a
copy shall be mailed to the Wisconsin Department of Commerce.
C.
Dedicated street and approved subdivision required.
Unless a waiver is granted by the City Council, following a recommendation
from the Building Inspector, no building permit shall be issued unless
the property on which the building is proposed to be built abuts a
street that has been dedicated for street purposes. No building permits
shall be issued until the subdivision and/or certified survey and
required improvements are accepted by the City Council.
D.
Elevations. The first floor minimum elevation of a
house shall be 18 inches above the curbline at the high side. The
maximum driveway elevation shall be 12% from the flag of the curb
to the threshold of the garage door.
E.
Plans. With applications for new detached structures
or additions, there shall be submitted three complete sets of plans
and specifications, including a plot plan showing the location and
dimensions of all buildings and improvements on the lot, both existing
and proposed, dimensions of the lot, dimensions showing all setbacks
of all buildings on the lot, proposed grade of proposed structure
(to City datum), grade of lot and of the street abutting the lot,
grade and setback of adjacent buildings (if adjacent lot is vacant,
submit elevation of nearest buildings on the same side of street),
type of monuments at each corner of the lot, watercourses or existing
drainage ditches, easements or other restrictions affecting such property,
the signature of the applicant and, if necessary due to the nature
of the project, a construction erosion control plan setting forth
proposed information and procedures needed for control of soil erosion,
surface water runoff and sediment disposition at the building site.
One set of plans shall be of reduced size to facilitate copying. One
set of plans shall be returned after approval as provided in this
chapter. The second set shall be filed in the office of the Building
Inspector. Plans for buildings involving the State Building Code shall
bear the stamp of approval of the State Department of Commerce. One
plan shall be submitted which shall remain on file in the office of
the Building Inspector. All plans and specifications shall be signed
by the designer. Plans for all new one- and two-family dwellings shall
comply with the provisions of § Comm 20.09(4), Wis. Adm.
Code.
F.
Waiver of plans; minor repairs.
(1)
Waiver. If the Building Inspector finds that the character
of the work is sufficiently described in the application, he/she may
waive the filing of plans for alterations, repairs or moving, provided
that the cost of such work does not exceed $2,000.
(2)
Minor repairs. The Building Inspector may authorize
minor repairs or maintenance work on any structure or to heating,
ventilating or air-conditioning systems installed which are valued
at less than $500 which do not change the occupancy area, exterior
aesthetic appearance, structural strength, fire protection, exits,
light or ventilation of the building or structure without issuance
of a building permit.
G.
Approval of plans.
(1)
If the Building Inspector determines that the building
will comply with this Building Code and with other applicable ordinances
and orders of the City, he/she shall issue a building permit, which
shall state the use to which said building is to be put, 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 or orders or which involves the safety of the building or the
occupants, except with the written consent of the Building Inspector.
(2)
In case adequate plans are presented for part of the
building only, the Building Inspector, at his/her discretion, may
issue a permit for that part of the building before receiving the
plans and specifications for the entire building.
H.
Inspection of work. The qualified inspector, as certified
by the Wisconsin Department of Commerce, is hereby authorized and
directed to administer and enforce all provisions of the Wisconsin
Administrative Code related to his/her certification. The builder
shall notify the Building Inspector when ready for inspections, and
the Building Inspector may inspect within two business days after
notification all buildings at the following states of construction:
I.
Inspection warrants. If the Building Inspector is
denied access to inspect a property, he/she may request the City Attorney
to seek an inspection warrant pursuant to § 66.0119, Wis.
Stats.
J.
Occupancy permit.[2]
(1)
Inspections.
(a)
The Building Inspector shall make a final inspection
of all new buildings, additions, and alterations. If no violations
of this chapter or any other ordinance are found, the Building Inspector
shall issue an occupancy permit, stating the purpose for which the
building is to be used.
(b)
No building or part thereof shall be occupied
until such occupancy permit has been issued, nor shall any building
be occupied in any manner which conflicts with the conditions set
forth in the occupancy permit. The responsible party, whether the
builder and/or owner, who occupies a building before the issuance
of an occupancy permit shall be subject to double occupancy permit
fees, along with other penalties provided in this chapter. It shall
be the responsibility of the responsible party, whether the builder
and/or owner, to inform building tenants of the occupancy permit requirement.
(2)
Use discontinued.
(a)
Whenever any building or portion thereof is
being used or occupied contrary to the provisions of this chapter,
the Building Inspector shall order such use or occupancy discontinued
and the building or portion thereof vacated by notice served on any
person using or causing such use or occupancy to be continued, and
such person shall vacate such building or portion thereof within 10
days after receipt of the notice or make the building or portion thereof
comply with the requirements of this chapter.
(b)
Any building, structure, or premises, or any
part thereof, hereafter vacated or damaged by any cause whatsoever
so as to jeopardize public safety or health shall not hereafter be
occupied or used under an existing occupancy permit or without the
same until an application has been filed and a new occupancy permit
issued.
(3)
Change. It shall be unlawful to change the use of
any building, structure, premises, or part thereof without first obtaining
from the Building Inspector an approval of such change in the occupancy
or use and an occupancy permit therefor.
(4)
Hardship. The Building Inspector shall have the authority
and power to permit the occupancy of any building or structure in
the City, prior to issuance of an occupancy permit, in all such cases
of hardship as, in his/her judgment and discretion, warrant occupancy
before the final stage of completion as set forth in this chapter.
Before granting such permission, the Building Inspector shall first
examine the premises and determine if it is safe and sanitary.
(5)
When a use or occupancy shall be discontinued and
a building or portion thereof vacated. Whenever any building or portion
thereof is being used or occupied contrary to the provisions of this
chapter, the Building Inspector shall order such use or occupancy
discontinued and the building or portion thereof vacated by notice
served on any person using or causing such use or occupancy to be
continued, and such person shall vacate such building or portion thereof
within 10 days after receipt of the notice or make the building or
portion thereof comply with the requirements of this chapter on use
and occupancy.
(6)
Occupancy permit by Fire Chief. The Fire Chief, or
his/her designee Fire Inspector, shall have dual authority with the
Building Inspector in the issuance of occupancy permits for multifamily
and commercial structures, places of public assembly, and schools.
All authority and power granted therein to the Building Inspector
equally is herein granted to the Fire Chief for fire inspections of
such buildings.
K.
Payment of fees. All fees shall be paid to the City
Administrator or Building Inspector. Upon presentation of the City
Administrator's or Building Inspector's receipt showing that the fees
prescribed by this chapter have been paid, the Inspector, upon entering
upon the application the number of the receipt, shall issue to the
owner or his/her agent a building permit.
L.
Permit lapses. A building permit shall lapse and be
void unless building operations are commenced within six months or
if construction has not been completed within one year from the date
of issuance thereof. For buildings governed by the Uniform Dwelling
Code, a building permit shall lapse and be void unless building operations
are commenced and the exterior completed within 24 months after issuance
of a permit, pursuant to § Comm 20.09(5)(d), Wis. Adm. Code.
M.
Revocation of permits.
(1)
The Building Inspector or other authorized inspectors
may revoke any building, plumbing, HVAC or electrical permit, occupancy
permit, or approval issued under the regulations of this chapter and
may stop construction or use of approved new materials, equipment,
methods of construction, devices or appliances for any of the following
reasons:
(a)
Whenever the Building Inspector shall find at
any time that applicable ordinances, laws, orders, plans and specifications
are not being complied with and that the holder of the permit refused
to conform after written warning has been issued to him/her.[3]
(b)
Whenever the continuance of any construction
becomes dangerous to life or property.
(c)
Whenever there is any violation of any condition
or provisions of the application for permit or of the permit.
(d)
Whenever, in the opinion of the Building Inspector,
there is inadequate supervision provided on the job site. (This provision
shall not be applicable for projects governed by the Uniform Dwelling
Code.)
(e)
Whenever any false statement or misrepresentation
has been made in the application for permit, plans, drawings, data
specifications or certified lot or plot plan on which the issuance
of the permit or approval was based.
(2)
The notice revoking a building, plumbing, HVAC or
electrical permit, occupancy permit or approval shall be in writing
and may be served upon the applicant for the permit, the owner of
the premises and his/her agent, if any, and on the person having charge
of construction.[5]
(3)
A revocation placard shall also be posted upon the
building, structure, equipment or premises in question by the Building
Inspector.
(4)
After the notice is served upon the persons as aforesaid
and posted, it shall be unlawful for any person to proceed thereafter
with any construction operation whatsoever on the premises, and the
permit which has been so revoked shall be null and void, and before
any construction or operation is again resumed, a new permit, as required
by this chapter, shall be procured and fees paid therefor, and thereafter
the resumption of any construction or operation shall be in compliance
with the regulations of this chapter. However, such work as the Building
Inspector may order as a condition precedent to the reissuance of
the building permit may be performed, or such work as he/she may require
for the preservation of life and safety.
N.
Report of violations. City officers shall report at
once to the Building Inspector any building which is being carried
on without a permit as required by this chapter.
O.
Display of permit. Building permits shall be displayed
in a conspicuous place on the premises where the authorized building
or work is in progress at all times during construction or work thereon.
A.
State code adopted. The Administrative Code provisions
describing and defining regulations with respect to one- and two-family
dwellings in Chs. Comm 20 through 25, Wis. Adm. Code, are hereby adopted
and by reference made a part of this chapter as if fully set forth
herein. Any act required to be performed or prohibited by an Administrative
Code provision incorporated herein by reference is required or prohibited
by this chapter. Any future amendments, revisions or modifications
of the Administrative Code provisions incorporated herein are intended
to be made part of this chapter to secure uniform statewide regulation
of one- and two-family dwellings in the City of Weyauwega. A copy
of these Administrative Code provisions and any future amendments
shall be kept on file in the Building Inspector's office.
B.
Existing buildings.
(1)
The Wisconsin Uniform Dwelling Code shall also apply
to buildings and conditions where:
(a)
An existing building is to be occupied as a
one- or two-family dwelling, which building was not previously so
occupied.
(b)
An existing structure is altered or repaired,
when the cost of such alteration or repair during the life of the
structure exceeds 50% of the equalized value of the structure, said
value to be determined by the Building Inspector.
(2)
Additions and alterations, regardless of cost, made to an existing building when deemed necessary in the opinion of the Building Inspector shall comply with the requirements of this chapter for new buildings. The provisions of § 210-2 shall also apply.
(3)
Roof coverings. Whenever more than 25% of the roof
covering of a building is replaced in any twelve-month period, all
roof covering shall be in conformity with applicable sections of this
chapter.
(4)
Additions and alterations. Any addition or alteration,
regardless of cost, made to a building shall be made in conformity
with applicable sections of this chapter.
C.
ADDITION
ALTERATION
DEPARTMENT
DWELLING
MINOR REPAIR
ONE- OR TWO-FAMILY DWELLING
PERSON
UNIFORM DWELLING CODE
Definitions. As used in this section, the following
terms shall have the meanings indicated:
New construction performed on a dwelling which increases
the outside dimensions of the dwelling.
A substantial change or modification other than an addition
or minor repair to a dwelling or to systems involved within a dwelling.
The Department of Commerce.
Repair performed for maintenance or replacement purposes
on any existing one- or two-family dwelling which does not affect
room arrangement, light and ventilation, access to or efficiency of
any exit stairways or exits, fire protection or exterior aesthetic
appearance and which does not increase a given occupancy and use.
No building permit is required for work to be performed which is deemed
minor repair.
A building structure which contains one or separate households
intended to be used as a home, residence or sleeping place by an individual
or by two or more individuals maintaining a common household to the
exclusion of all others.
An individual, partnership, firm or corporation.
Those Administrative Code provisions and any future amendments,
revisions or modifications thereto contained in the following chapters
of the Wisconsin Administrative Code:
|
Chapter Comm 20, Administrative and Enforcement
| |
|
Chapter Comm 21, Construction Standards
| |
|
Chapter Comm 22, Energy Conservation
| |
|
Chapter Comm 23, Heating, Ventilating and Air
Conditioning
| |
|
Chapter Comm 24, Electrical Standards
| |
|
Chapter Comm 25, Plumbing
|
D.
Method of enforcement.
(1)
Certification. The Building Inspector shall be certified
for inspection purposes by the State of Wisconsin in each of the categories
specified under Ch. Comm 5, Wis. Adm. Code.
(2)
Duties. The Building Inspector shall administer and
enforce all provisions of this chapter and the Uniform Dwelling Code.
(3)
Inspection powers. The Building Inspector or an authorized
certified agent may at all reasonable hours enter upon any public
or private premises for inspection purposes and may require the production
of the permit for any building, plumbing, electrical or heating work.
No person shall interfere with or refuse to permit access to any such
premises to the Building Inspector or his/her agent while in performance
of his/her duties.
(4)
Records. The Building Inspector shall perform all
administrative tasks required by the Department under the Uniform
Dwelling Code. In addition, the Inspector shall keep a record of all
applications for building permits in a book for such purpose and shall
regularly number each permit in the order of its issue. Also, a record
showing the number, description and size of all buildings erected
indicating the kind of materials used and the cost of each building
and aggregate cost of all one- and two-family dwellings shall be kept.
The Building Inspector shall make a written annual report to the City
Council relative to these matters.[1]
A.
Portions of State Building Code adopted.[1]
(1)
Authority. This subsection is adopted under the authority
granted by § 101.12, Wis. Stats.
(2)
Purpose. The purpose of this subsection is to promote
the general health, safety, and welfare by enforcing the adopted codes.
(3)
Adoption of codes. The following chapters of the Wisconsin Administrative Code and subsequent revisions are adopted for municipal enforcement by the Building Inspector: Chs. Comm 60 to 66, Wisconsin Commercial Building Code, and Chs. Comm 75 to 79, Buildings Constructed Prior to 1914. A copy of said chapters and amendments thereto shall be kept on file in the office of the Building Inspector. Manufactured homes shall meet the standards in § 530-124 of this Code.
(4)
Building Inspector. The Building Inspector authorized
by the City to enforce the adopted codes shall be properly certified
by the Department of Commerce.
(5)
Building permit required.
(a)
No person shall build or cause to be built any
new public building containing less than 50,000 cubic feet in total
volume or alter a public building involving less than 100,000 cubic
feet in total volume without first submitting plans and specifications
to the Building Inspector and obtaining a building permit for such
building. Note: All other larger public buildings are required to
have their plans and specifications submitted to the Wisconsin Division
of Safety and Buildings for approval prior to municipal permit issuance.
(b)
A local building permit shall also be required
for larger commercial buildings which will be state reviewed but locally
inspected.
(6)
Building permit fee. Building permit fees shall be
determined by resolution.
B.
State Plumbing Code adopted. The provisions and regulations
of Ch. 145, Wis. Stats., and Chs. Comm 25 and 81 to 87, Wis. Adm.
Code, are hereby made a part of this chapter by reference and shall
extend over and govern the installation of all plumbing installed,
altered or repaired in the City. Any further amendments, revisions
and modifications of said Wisconsin Statutes and Administrative Code
herein are intended to be made part of this chapter.
C.
State Electrical Code adopted.
(1)
Chapter Comm 24, Wis. Adm. Code, is hereby adopted
by reference and made a part of this chapter and shall apply to the
construction and inspection of new one- and two-family dwellings and
additions or modifications to existing one- and two-family dwellings.
D.
Conflicts. If, in the opinion of the Building Inspector and the City Council, the provisions of the State Building Code adopted by Subsection A of this section shall conflict with the provisions of the Federal Housing Administration standards in their application to any proposed building or structure, the Inspector and/or the City shall apply the most stringent provisions in determining whether or not the proposed building meets the requirements of this section.
A.
Code compliance. Except as otherwise provided by this
chapter, all installations of electrical equipment shall conform to
and comply with the State Electrical Code, the Wisconsin Statutes,
this chapter and any orders, rules and regulations issued by authority
thereof and with approved electrical standards for safety to persons
and property. Where no specific standards for safety are prescribed
by this chapter or by the State Electrical Code, conformity with the
regulations set forth in the National Electrical Code and in the National
Electrical Safety Code shall be prima facie evidence of conformity
with approved standards for safety to persons and property.
B.
Permit required.
(1)
Before any electrical wires or electrical apparatus
shall be installed for lighting or power purposes or any electrical
construction work done, except minor repair work, a permit therefor
shall be obtained from the Electrical Inspector by a licensed electrician.
No permit shall be issued unless satisfactory proof is furnished to
the Electrical Inspector upon his/her request that the applicant has
been employed to perform the work or installation and will be responsible
for the performance thereof in the manner required by ordinance and
by law, nor unless proof is submitted that the applicant has paid
to the City the fees herein required. The application for such permit
shall be on a form furnished by the Electrical Inspector and shall
state clearly the work planned, alterations to be made, and equipment
and materials to be used, and all later deviations from such plan
must be submitted to and approved by the Building Inspector.
(2)
"Minor repair work" shall be construed to mean the
replacement of broken or defective sockets, snap, push or toggle switches,
convenience outlets and portable electrical appliances.
(3)
A permit shall be required for the installation of
any outlet and any electrical wiring for use on any circuit, including
wiring for so-called low-voltage wiring for control of heating, ventilating,
cooling, lighting, signal and communication equipment, excepting signal
systems operated by and/or in conjunction with communication systems
installed and maintained by a public utility.
C.
Electrical inspections.
(1)
It shall be unlawful to connect up the electrical
wirings and equipment of any building to any electrical supply lines
or to turn on the current unless a certificate of inspection has been
issued by the Electrical Inspector, and it shall be the duty of the
electrical utility supplying service to any building to secure a copy
of the certificate of inspection from the Electrical Inspector before
supplying service to such building.
(2)
Upon the completion of the construction and installation
of the electrical wiring and equipment of any building, it shall be
the duty of the firm, person or corporation doing the same to notify
the Electrical Inspector, who shall inspect the installation within
48 hours of the time such notice is given. If the installation is
found to be in compliance with the provisions of this chapter, the
Inspector shall issue a certificate of inspection authorizing connection
to the electrical service and the turning on of the current. All wires
which are to be concealed shall be inspected before the concealment,
and no other craft shall cover up or conceal such wires until the
installation has been inspected and approved and officially tagged
to this effect by the Electrical Inspector.
(3)
No certificate of inspection shall be issued by the
Electrical Inspector unless the electrical wiring and equipment for
light, power, heat or other similar purposes is safe both with respect
to life and fire hazard and is in strict conformity with the ordinances
of the City, the statutes of the state and the general or special
orders of the State of Wisconsin adopted under authority of the statutes.
A.
All plumbing installations to be inspected.
(1)
All plumbing to be inspected. All plumbing systems
or installations within the boundaries of the City and those connecting
with the City water or sewerage system beyond the boundaries are subject
to inspection as required in this chapter.
(2)
System of inspection. Whenever any work is ready for
inspection, the Plumbing Inspector shall be notified by the plumber
in charge or persons receiving a permit, as directed by the Plumbing
Inspector, specifying the street and number, when possible, and the
permit number under which the work is being done. Unless otherwise
especially permitted by the Inspector, all work, either plumbing,
water supply piping, house sewers or drains, shall be left uncovered
for examination until examined and approved by the Inspector. When
necessary, the Inspector shall notify the plumber in charge or the
owner of the property at what time the inspection will be made. The
plumber in charge shall make such arrangements as will enable the
Inspector to reach all parts of the building readily and shall have
present the proper apparatus and appliances for making the test and
performance of plumbing work. Failure to respond promptly to official
communications shall be deemed a sufficient reason for withholding
permits, and the plumber shall be held responsible for the violation
of these regulations by himself/herself or any of his/her employees.
(3)
Responsibility of property owners for repairs. Repairs
of any drainage or waste pipe carrying domestic sewage from outside
the foundation walls of any building or structure to and including
the connection with the "Y" in the sewer main, including private domestic
sewage treatment and disposal systems, such as stoppage of leaks in
supply or waste pipes, clearing stoppages in waste pipes and repairing
valves or faucets in the drainage or waste pipe, shall be the sole
responsibility of the property owner, except that in the event such
leak or stoppage or defective valve or faucet is located between the
"Y" (including its connection with the "Y") in the sewer main and
the end of the sewer service lateral to the curb or other disposal
terminal, then the City shall be responsible for such repairs but
shall charge the cost of such repairs to the property owner.
B.
Permit to connect with public sewer system.
(1)
Permit required. No person, firm or corporation shall
open any street, alley or public place for the purpose of connecting
to a sewer lateral or other terminal, lay any house sewer or drainpipe
or make any attachment or extension to any old drain or house sewer,
or do any kind of work whatsoever in connection with any public or
private sewer inside or outside of any building, except repairs, without
first obtaining from the Plumbing Inspector a written permit to connect
with the public sewer system.
(2)
Application for permit. Such permit shall be granted
only upon written application by a licensed master plumber, authorized
by the owner or agent of the premises desiring to make such connection,
extension or alteration, stating the name of the owner and that he/she
and such master plumber will be bound by and be subject to all the
rules and regulations prescribed by the Plumbing Inspector and City
Council, and giving the exact location of the premises, stating the
purpose for which the connection, extension or alteration is to be
used and the time when the work is to be done, and all other particulars
in respect thereto.
(3)
Permit required before laying drains. No work of laying
house sewers or storm drains that are on the premises and in the hands
of a master plumber or one employed by him/her shall be commenced
or continued without the required permit to connect with the public
sewer, which shall be issued by the Plumbing Inspector.
A.
All materials, methods of construction and devices
designed for use in buildings or structures covered by this section
and not specifically mentioned in or permitted by this section shall
not be so used until approved in writing by the State Department of
Commerce for use in buildings or structures covered by the Wisconsin
State Building Code, except sanitary appliances, which shall be approved
in accordance with the State Plumbing Code.
B.
Such materials, methods of construction and devices,
when approved, must be installed or used in strict compliance with
the manufacturer's specifications and any rules or conditions of use
established by the State Department of Commerce. The data, test and
other evidence necessary to prove the merits of such material, method
of construction or device shall be determined by the State Department
of Commerce.
Whenever the City Council, upon the inspection
and report of the Building Inspector or other authorized inspector,
finds any building or part thereof within the City to be, in his/her
judgment, so old, dilapidated or out of repair as to be dangerous,
unsafe, unsanitary or otherwise unfit for human occupancy or use and
so that it would be unreasonable to repair the same, the Council may
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. The Council shall give
specific reasons for its determination. Such order and proceedings
shall be as provided in § 66.0413, Wis. Stats.
The purpose of the inspections under this chapter
is to improve the quality of housing in the City of Weyauwega. The
inspections and the reports and findings issued after the inspections
are not intended as, nor are they to be construed as, a guarantee.
In order to so advise owners and other interested persons the following
disclaimer shall be applicable to all inspections: "These findings
of inspection contained herein are intended to report conditions of
noncompliance with code standards that are readily apparent at the
time of inspection. The inspection does not involve a detailed examination
of the mechanical systems or the closed structural and nonstructural
elements of the building and premises. No warranty of the operation,
use or durability of equipment and materials not specifically cited
herein is expressed or implied."
Private garages shall be built in accordance
with the general construction standards established in the Wisconsin
Uniform Dwelling Code and the accessory building requirements of the
City of Weyauwega Zoning Code.
A.
No building within the City of Weyauwega shall be
razed without a permit from the Building Inspector. A snow fence or
other approved barricade shall be provided as soon as any portion
of the building is removed and shall remain during razing operations.
After all razing operations have been completed, the foundation shall
be filled at least one foot above the adjacent grade, the property
raked clean, and all debris hauled away. Razing permits shall lapse
and be void unless the work authorized thereby is commenced within
six months from the date thereof or completed within 30 days from
the date of commencement of said work. Any unfinished portion of work
remaining beyond the required 30 days must have special approval from
the Building Inspector.
B.
All debris must be hauled away at the end of each
week for the work that was done during that week. Combustible material
shall not be used for backfill but shall be hauled away. There shall
not be any burning of materials on the site of the razed building.
If any razing or removal operation under this section results in,
or would likely result in, an excessive amount of dust particles in
the air creating a nuisance in the vicinity thereof, the permittee
shall take all necessary steps, by use of water spraying or other
appropriate means, to eliminate such nuisance. The permittee shall
take all necessary steps, prior to the razing of a building, through
the employment of a qualified person in the field of pest control
or by other appropriate means, to treat the building so as to prevent
the spread and migration of rodents and insects therefrom during and
after the razing operations.
A.
Basement subflooring. First floor subflooring shall
be completed within 45 days after the basement is excavated.
B.
Fencing of excavations. The owner of any premises
on which there exists an opening or excavation after 45 days as to
constitute a hazard to pedestrian or vehicular traffic shall erect
a fence, wall or railing at least four feet high between such opening
or excavation and the public right-of-way.
C.
Closing of abandoned excavations. Any excavation for
building purposes or any uncovered foundation which shall remain open
for more than 45 days shall be deemed abandoned and a nuisance, and
the Building Inspector shall order that, unless the erection of the
building or structure on the excavation or foundation shall commence
or continue forthwith, suitable safeguards shall be provided to prevent
accidental injury to children or other frequenters or that the excavation
or foundation be filled to grade. Such order shall be served upon
the owner of record or the owner's agent, where an agent is in charge
of the premises, and upon the holder of an encumbrance of record in
the manner provided for service of a summons in the Circuit Court.
If the owner or the holder of an encumbrance of record cannot be found,
the order may be served by posting it on the premises and publication
in the official newspaper for two consecutive publications at least
10 days before the time for compliance stated in the order commences
to run. Such time shall be not less than 14 nor more than 20 days
after service. If the owner of the land fails to comply with the order
within the time required, the Building Inspector shall cause the excavation
or foundation to be filled to grade. The cost of such abatement shall
be charged against the real estate and entered on the next succeeding
tax roll as a special charge and shall bear interest at a rate established
by the City Council from the date of the report by the Building Inspector
on the cost thereof, pursuant to the provisions of § 66.0627,
Wis. Stats.
D.
Vacant buildings. Whenever any building or structure
is vacant and the doors and windows or any part thereof have been
removed or opened, leaving the interior of such building or structure
exposed to the elements and accessible to trespassers, then such building
or structure shall be deemed to be dangerous, unsafe, and a menace
to public safety. The Building Inspector shall give the owner thereof
written notice to secure said building or structure and comply with
City Code requirements within 30 days of the date of said notice.
Failure to comply with said written notice shall be sufficient grounds
for the Building Inspector to condemn and raze said building or structure
in accordance with the applicable provisions of § 66.0413,
Wis. Stats.
A.
Discharge. No person shall cause, allow or permit
any roof drain, surface drain, subsoil drain, drain from any mechanical
device, gutter, ditch, pipe, conduit, sump pump or any other object
or thing used for the purposes of collecting, conducting, transporting,
diverting, draining or discharging clear water from any part of any
private premises owned or occupied by said person to discharge into
a sanitary sewer.
B.
Nuisance. The discharge into a sanitary sewer from
any roof drain, surface drain, subsoil drain, drain from any mechanical
device, gutter, ditch, pipe, conduit, sump pump or any other object
or thing used for the purposes of collecting, conducting, transporting,
diverting, draining or discharging clear water from any part of any
private premises is hereby declared to be a public nuisance and a
hazard to the health, safety and well-being of the residents of the
City and to the protection of the property.
C.
Groundwater. Where deemed necessary by the Building
Inspector, every house shall have a sump pump installed for the purpose
of discharging clear waters from foundation drains and ground infiltration
and, where the building is not serviced by a storm sewer, shall either
discharge into an underground conduit leading to a drainage ditch,
gutter, or dry well or shall discharge onto the ground surface in
such other manner as will not constitute a nuisance as defined herein.
D.
Stormwater. All roof drains, surface drains, drains
from any mechanical device, gutters, pipe, conduits or any other objects
or things used for the purpose of collecting, conducting, transporting,
diverting, draining or discharging stormwaters shall be discharged
either to a storm sewer, a dry well, an underground conduit leading
to a drainage ditch or onto the ground surface in such other manner
as will not constitute a nuisance as defined herein.
E.
Storm sewer lateral. Where municipal storm sewers
are provided and it is deemed necessary by the property owner and/or
the City to discharge clear waters from a parcel of land, a storm
sewer lateral shall be installed and connected to the storm sewer
main at the expense of the owner.
F.
Conducting tests. If the Building Inspector or his/her
designated agent suspects an illegal clear water discharge as defined
by this chapter or by any other applicable provision of the Wisconsin
Administrative Code as it may, from time to time, be amended, he/she
may, upon reasonable notice and at reasonable times, enter the private
premises where such illegal clear water discharge is suspected and
conduct appropriate tests to determine whether such suspected illegal
clear water discharge actually exists.
A.
General requirements.
(1)
No person shall move any building or structure upon
any of the public ways of the City of Weyauwega without first obtaining
a permit therefor from the Building Inspector and upon the payment
of the required fee. Every such permit issued by the Building Inspector
for the moving of a building shall designate the route to be taken
and the conditions to be complied with and shall limit the time during
which said moving operations shall be continued.
(2)
A report shall be made by City employees with regard
to possible damage to trees. The estimated cost of trimming, removal
and replacement of public trees, as determined by the City, shall
be paid to the Building Inspector prior to issuance of the moving
permit.
(3)
The issuance of a moving permit shall further be conditioned
on approval of the moving route by the City Council.
B.
Continuous movement. The movement of buildings shall
be a continuous operation during all the hours of the day and at night,
until such movement is fully completed. All such operations shall
be performed with the least possible obstruction to thoroughfares.
No building shall be allowed to remain overnight upon any street crossing
or intersection or so near thereto as to prevent easy access to any
fire hydrant or any other public facility. Lights shall be kept in
conspicuous places at each end of the building during the night.
C.
Street repair. Every person receiving a permit to
move a building shall, within one day after said building reaches
its destination, report that fact to the Building Inspector, who shall
inspect the streets, highways and curbs and gutters over which said
building has been moved and ascertain their condition. If the removal
of said building has caused any damage to any street or highway, the
person to whom the permit was issued shall forthwith place it in as
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 City Council, the City shall repair the damage done to such
streets and hold the person obtaining such permit and the sureties
on his/her bond responsible for the payment of the same.
D.
Conformance with code. No permit shall be issued to
move a building within or into the City and to establish it upon a
location within said City until the Building Inspector has made an
investigation of such building at the location from which it is to
be moved and is satisfied from such investigation that said building
is in a sound and stable condition and of such construction that it
will meet the requirements of this Building Code in all respects.
A complete plan of all further repairs, improvements and remodeling
with reference to such building shall be submitted to the Building
Inspector, and he/she shall make a finding of fact to the effect that
all such repairs, improvements and remodeling are in conformity with
the requirements of this Building Code and that, when the same are
completed, the building as such will so comply with said Building
Code. In the event that a building is to be moved from the City 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.
E.
Bond.
(1)
Before a permit is issued to move any building over
any public way in the City, the party applying therefor shall give
a bond to the City of Weyauwega in a sum to be fixed by the Building
Inspector and which shall not be less than $5,000, said bond to be
executed by a corporate surety or two personal sureties to be approved
by the City Council or designated agent, conditioned upon, among other
things, the indemnification of the City for any costs or expenses
incurred by it in connection with any claims for damages to any persons
or property and the payment of any judgment, together with the costs
and expenses incurred by the City in connection therewith arising
out of the removal of the building for which the permit is issued.
(2)
Unless the Building Inspector, upon investigation, shall find it to be a fact that the excavation exposed by the removal of such building from its foundation shall not be so close to a public thoroughfare as to permit the accidental falling therein of travelers or the location, nature and physical characteristics of the premises and the exposed excavation such as to make intrusion upon the premises and the falling into such excavation of children under 12 years of age unlikely, the bond required by Subsection E(1) shall be further conditioned upon the permittee erecting adequate barriers and, within 48 hours, filling in such excavation or adopting and employing such other means, devices or methods approved by the Building Inspector and reasonably adopted or calculated to prevent the occurrences set forth herein.
F.
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.
If any section, clause, provision or portion
of this chapter, or of the Wisconsin Administrative Code adopted by
reference, is adjudged unconstitutional or invalid by a court of competent
jurisdiction, the remaining provisions shall not be affected.
A.
Any building or structure hereafter erected, enlarged, altered or repaired or any use hereafter established in violation of the provisions of this chapter shall be deemed an unlawful building, structure or use. The Building Inspector or other authorized inspectors shall promptly report all such violations to the City Council and City Attorney, who shall bring an action to enjoin the erection, enlargement, alteration, repair or moving of such building or structure or the establishment of such use of buildings in violation of this chapter or to cause such building, structure or use to be removed, and such violation may also be subject to a penalty as provided in § 1-3 of this Code. In any such action, the fact that a permit was issued shall not constitute a defense, nor shall any error, oversight or dereliction of duty on the part of the Building Inspector or other City officials constitute a defense. Compliance with the provisions of this chapter may also be enforced by injunctional order at the suit of the owner or owners of any real estate within the jurisdiction of this chapter.[1]
B.
Notice of violation.
(1)
If an inspection reveals a noncompliance with this
chapter or the Uniform Dwelling Code, the Building Inspector shall
notify the applicant and the owner, in writing, of the violation to
be corrected. All cited violations shall be corrected within 30 days
after written notification unless an extension of time is granted
pursuant to § Comm 20.10(1)(c), Wis. Adm. Code.
(2)
If, after written notification, the violation is not
corrected within 30 days, a stop-work order may be served on the owner
or his or her representative and a copy thereof shall be posted at
the construction site. Such stop-work order shall not be removed except
by written notice of the Building Inspector after satisfactory evidence
has been supplied that the cited violation has been corrected.
(3)
Each day each violation continues after the thirty-day
written notice period has run shall constitute a separate offense.
Nothing in this chapter shall preclude the City from maintaining any
appropriate action to prevent or remove a violation of any provision
of this chapter or the Uniform Dwelling Code.
(4)
If any construction or work governed by the provisions
of this chapter or the Uniform Dwelling Code is commenced prior to
the issuance of a permit, double fees shall be charged.
C.
Any person feeling aggrieved by an order or a determination
of the Building Inspector may appeal from such order or determination
to the Board of Appeals. Those procedures customarily used to effectuate
an appeal to the Board of Appeals shall apply. Appeals of final determinations
of the City may be made to the Wisconsin Department of Commerce in
accordance with § Comm 20.21(1)(a), Wis. Adm. Code.
D.
Except as may otherwise be provided by statute or
ordinance, no officer, agent or employee of the City of Weyauwega
charged with the enforcement of this chapter shall render himself/herself
personally liable for any damage that may accrue to persons or property
as a result of any act required or permitted in the discharge of his/her
duties under this chapter. Any suit brought against any officer, agent
or employee of the City as a result of any act required or permitted
in the discharge of his/her duties under this chapter shall be defended
by the legal representative of the City until the final determination
of the proceedings therein.
