[HISTORY: Adopted by the Village Board of
the Village of Siren 1-8-1988 as Title 10, Ch. 4 of the 1988 Code. Amendments noted where
applicable.]
[Amended 11-11-2004]
A.
Title. This chapter shall be known at the "Building
Code of the Village of Siren" 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 buildings
hereafter moved within or into the Village 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 any 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 Village and amendments thereto to the date this
chapter was adopted and in no way supersede or nullify such laws and
said Zoning Code.[1]
[Amended 11-11-2004]
A.
Permit required.
(1)
General permit requirement. No building of any kind
shall be moved within or into the Village 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 Village, except as herein provided, until a permit therefor
shall first have been obtained by the owner or his authorized agent
from the Village Clerk-Treasurer or Building Inspector.
(2)
Applicability; Building Inspector.[1]
(a)
All building construction, including construction not covered by § 225-3, One- and two-family dwellings, is covered by this section, including alterations and additions to dwellings constructed before June 1, 1980, detached and other nondwelling building construction.
(b)
The Village Zoning Administrator may be assigned by the Village Board as Building Inspector for construction not covered by § 225-3.
(c)
Any addition or alteration, regardless of cost,
made to a building shall be made in conformity with the applicable
section of this chapter.
(3)
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.[2]
(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 exiting 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 are not permitted. When any
existing building or structure which, for any reason whatsoever, does
not conform to the regulation 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 or his designee.
B.
Application. Application for a building permit shall
be made in writing upon a form furnished by the Village Clerk-Treasurer
or Building Inspector 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, and the use to which
said building is to be put and such other information as the Village
Clerk-Treasurer or Building Inspector may require.
C.
Dedicated street and approved subdivision required.
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 required improvements are accepted by the Village
Board.
D.
Utilities required.
(1)
Residential buildings. No building permit shall be
issued for the construction of any residential building until sewer,
water, grading and graveling are installed in the streets necessary
to service the property for which the permit is required and a receipt
for payment of electrical hookup is presented to the Village Clerk-Treasurer.
(2)
Nonresidential building. No building permit shall
be issued for the construction of any building other than residential
until contracts have been let for the installation of sewer, water,
grading and graveling in the streets necessary to service the property
for which the permit is requested.
(3)
Occupancy. No person shall occupy any building until
sewer, water, grading and graveling are installed in the streets necessary
to service the property, and a certificate of occupancy shall not
be issued until such utilities are available to service the property.
E.
Plans. With such application, there shall be submitted a complete set of plans and specifications, including a plot plan showing the location of the proposed building with respect to adjoining roads, highways, streets, alleys, lot lines and buildings. 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 Village Clerk-Treasurer. 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 § 225-3 of this chapter.
F.
Waiver of plans. If the Building Inspector or his
designee 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.
G.
Approval of plans.
(1)
If the Building Inspector or his designee determines
that the building will comply in every respect with all ordinances
and orders of the Village and all applicable laws and orders of the
State of Wisconsin, he 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 or his designee, at his discretion,
may issue a permit for that part of the building before receiving
the plans and specifications for the entire building.
H.
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.
I.
Revocation of permits.
(1)
The Building Inspector or Village Board may revoke
any building, plumbing or electrical permit, certificate of occupancy,
or approval issued under the regulation of this chapter and may stop
construction or use of approved materials, equipment, methods of construction,
devices or appliances for any of the following reasons:
(a)
Whenever the Building Inspector or Village Board
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.
[Amended 2-10-2011 by Ord. No. 2011-01]
(b)
Whenever the continuance of any construction
becomes dangerous to life of 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
or Village Board, there is inadequate supervision provided on the
job site.
(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.
(f)
Whenever there is a violation of any of the
conditions of an approval or certificate of occupancy given by the
Building Inspector or his designee for the use of all new materials,
equipment, methods or construction devices or appliances.
[Amended 2-10-2011 by Ord. No. 2011-01]
(2)
The notice revoking a building, plumbing or electrical
permit, certificate of occupancy or approval shall be in writing and
may be served upon the applicant for the permit, owner of the premises
and his agent, if any, and on the person having charge of construction.
[Amended 2-10-2011 by Ord. No. 2011-01]
(3)
A revocation placard shall also be posted upon the
building, structure, equipment or premises in question by the Building
Inspector or his designee.
(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 regulation of this chapter. However, such work as the Building
Inspector or the Village Board may order as a condition precedent
to the reissuance of the building permit may be performed, or such
work as he may require for the preservation of life and safety.
[Amended 11-11-2004]
A.
Authority. These regulations are adopted under the
authority granted by § 101.65, Wis. Stats.
B.
Purpose. The purpose of this section is to promote
the general health, safety and welfare and to maintain local uniformity
with the administrative and technical requirements of the Wisconsin
Uniform Dwelling Code.
C.
Scope. The scope of this section includes the construction
and inspection of one- and two-family dwellings built since June 1,
1980.
D.
Wisconsin Uniform Dwelling Code adopted. The Wisconsin
Uniform Dwelling Code (UDC), Chs. Comm 20 to 25, Wis. Adm. Code, and
all amendments thereto, is adopted and incorporated by reference and
shall apply to all buildings within the scope of this section.
E.
Building Inspector. There is hereby created the position
of Building Inspector, who shall administer and enforce this section
and shall be certified by the Division of Safety and Buildings, as
specified by § 101.66(2), Wis. Stats., in the category of
Uniform Dwelling Code Construction Inspector. Additionally, this Inspector
or other assistant inspectors shall possess the certification categories
of UDC HVAC, UDC Electrical, and UDC Plumbing.
F.
Building permit required. If a person alters a building
in any manner other than repair, adds onto a building, or builds a
new building, within the scope of this section, he shall first obtain
a building permit for such work from the Building Inspector. Any structural
changes or major changes to mechanical systems that involve extension
shall require permits. Restoration or repair of an installation to
its previous code-compliant condition as determined by the Building
Inspector is exempted from permit requirements. Re-siding, re-roofing,
finishing of interior surfaces and installation of cabinetry shall
be exempted from UDC permit requirements.
G.
Building permit fee. The building permit fees shall
be determined by resolution of the Village Board and shall include
the required fee to be forwarded to the Wisconsin Department of Commerce
for a UDC permit seal that shall be assigned to any new dwelling.
[Amended 4-4-2013 by Ord. No. 2013-01]
H.
Penalties. The enforcement of this section and all
other laws and ordinances related to building shall be by means of
the withholding of building permits, impositions of forfeitures and
injunctive action. Forfeitures shall be not less than $25 nor more
than $500 for each day of noncompliance.
[Amended 2-10-2011 by Ord. No. 2011-01]
I.
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 fire 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.
And 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:
J.
Permanent foundations. All new residential dwellings
hereafter erected in or hereafter moved within or into the Village,
in any zoning district other than R-MH, shall be placed on a permanent
foundation meeting the requirements of the Uniform Dwelling Code of
the State of Wisconsin.
[Added 7-6-2006]
[Amended 11-11-2004]
A.
Portions of State Building Code adopted. Chapters
Comm 61 to 65, Wis. Adm. Code (Wisconsin Commercial Building Code),
are hereby adopted and made a part of this chapter with respect to
those classes of buildings to which this Building Code specifically
applies. Any future amendments, revisions and modifications of said
Chs. Comm 61 to 65 are intended to be made a part of this code. A
copy of said Chs. Comm 61 to 65 and amendments thereto shall be kept
on file in the office of the Building Inspector.
B.
State Plumbing Code adopted. The provisions and regulations
of Ch. 145, Wis. Stats., and Chs. Comm 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 Village. Any further amendments, revisions, and modifications
of said Wisconsin Statutes and Administrative Code herein are intended
to be made a part of this chapter.
C.
State Electrical Code adopted. Subject to the exceptions set forth in this chapter, Chapter Comm 16, the Electrical Code, Volume 1, and Rules of Electrical Code, Volume 2, of the Wisconsin Administrative Code are hereby adopted by reference and made a part of this section and shall apply to all buildings, except those covered in § 225-3 above.[1]
D.
Conflicts. If, in the opinion of the Building Inspector and the Village Board, 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 Village shall apply the most stringent provisions in determining whether or not the proposed building meets the requirements of this section.
A.
All materials, methods of construction and devices
designed for use in buildings or structures covered by this chapter
and not specifically mentioned in or permitted by this chapter 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 Building Inspector and Village
Board find any building or part thereof within the Village to be,
in their 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, they 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.
The purpose of the inspections under this chapter
is to improve the quality of housing in the Village. 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, a disclaimer shall
be included in each inspection report as follows: "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.
A.
No building within the Village of Siren shall be razed
without a permit from the ClerkTreasurer. 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. All
foundations must be removed and hauled away, and the site filled with
clean granular fill; with the exception that if the property owner
has the foundation inspected and it is a buildable foundation, the
foundation can remain for one year from date of inspection. After
all razing operations have been completed, the property shall be 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 Village Board.
[Amended 1-10-2019 by Ord. No. 2019-01]
B.
All debris must be hauled away at the end of each
day for the work that was done on that day. 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 as to prevent the spread and migration
of rodents and insects therefrom during and after the razing operations.
C.
All commercial buildings being razed must abide by State of Wisconsin
demolition requirements including but not limited to asbestos abatement.
[Added 1-10-2019 by Ord.
No. 2019-01]
A.
Basement subflooring. First floor subflooring shall
be completed within 60 days after the basement is excavated.
B.
Fencing of excavations. The owner of any premises
on which there exists an opening or excavation which is located in
close proximity to a public sidewalk or street right-of-way so 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 three months shall be deemed abandoned and a nuisance,
and the Building Inspector or his designee 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 or his
designee 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 Village Board
from the date of the report by the Building Inspector or his designee
on the cost thereof, pursuant to the provisions of § 66.0627,
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
Village and to the protection of the property.
C.
Groundwater. Where deemed necessary by the Village
Board, 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 Village 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
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 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.
Each unit of a duplex shall have separate water
and sewer services.
A.
General requirements.
(1)
No person shall move any building or structure upon
any of the public ways of the Village without first obtaining a permit
therefor from the Building Inspector or his designee 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 with regard to possible damage
to trees. The estimated cost of trimming, removal and replacement
of public trees shall be paid to the Clerk-Treasurer prior to issuance
of the moving permit.
(3)
Issuance of moving permit shall further be conditioned
on approval of the moving route by the Chief of Police.
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 them in
as good repair as they were before the permit was granted. On the
failure of said permittee to do so within 10 days thereafter to the
satisfaction of the Village Board, the Village shall repair the damage
done to such streets and hold the person obtaining such permit and
the sureties on his bond responsible for the payment of the same.
D.
Conformance with code. No permit shall be issued to
move a building within or into the Village and to establish it upon
a location within said Village 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 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 Village
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 Village, the party applying therefor shall give
a bond to the Village of Siren in a sum to be fixed by the Building
Inspector and which shall not be less than $1,000, said bond to be
executed by a corporate surety or two personal sureties to be approved
by the Village Board or designated agent, conditioned upon, among
other things, the indemnification of the Village 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 Village 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.
The fees for building permits shall be as determined
by resolution of the Village Board.
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 shall promptly report all such violations to the Village Board and Village 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 § 1-4 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 Village 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 20.21, 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 Village 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 Zoning Board of Appeals. Those procedures customarily used
to effectuate an appeal to the Zoning Board of Appeals shall apply.
D.
Except as may otherwise be provided by the statute
or ordinance, no officer, agent or employee of the Village of Siren
charged with the enforcement of this chapter shall render himself
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
duties under this chapter. Any suit brought against any officer, agent
or employee of the Village as a result of any act required or permitted
in the discharge of his duties under this chapter shall be defended
by the legal representative of the Village until the final determination
of the proceedings therein.
