[HISTORY: Adopted by the Village Board of the Village of
Stratford 4-12-1988 as Title 10, Ch. 4 of the 1988 Code. Amendments noted where applicable.]
A.
Title. This chapter shall be known as the "Building Code of the Village
of Stratford" 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 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 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 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]
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 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 replacement
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
existing 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 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 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.
C.
Site plan approval.
(1)
Site plan approval required. All applications for building permits
for any construction, reconstruction, expansion or conversion, except
for one- and two-family residences in residentially zoned districts,
shall require site plan approval by the Building Inspector in accordance
with the requirements of this section. The applicant shall submit
a site plan and sufficient plans and specifications of proposed buildings,
machinery and operations to enable the Building Inspector or his expert
consultants to determine whether the proposed application meets all
the requirements applicable thereto in this chapter.
(2)
Administration. The Building Inspector shall make a preliminary review
of the application and plans and refer them along with a report of
his findings to the Plan Commission. The Plan Commission shall review
the application and may refer the application and plans to one or
more expert consultants selected by the Village Board to advise whether
the application and plans meet all the requirements applicable thereto
in this chapter. Within 30 days of its receipt of the application,
the Village Board shall authorize the Building Inspector to issue
or refuse a building permit.
(3)
Requirements. In acting on any site plan, the Plan Commission shall
consider the following:
(a)
The appropriateness of the site plan and buildings in relation
to the physical character of the site and the usage of adjoining land
areas.
(b)
The layout of the site with regard to entrances and exits to
public streets; the arrangement and improvement of interior roadways;
and the location, adequacy and improvement of areas for parking and
for loading and unloading, and shall, in this connection, satisfy
itself that the traffic pattern generated by the proposed construction
or use shall be developed in a manner consistent with the safety of
residents and the community, and the applicant shall so design the
construction or use as to minimize any traffic hazard created thereby.
(c)
The adequacy of the proposed water supply, drainage facilities
and sanitary and waste disposal.
(d)
The landscaping and appearance of the completed site. The Plan
Commission may require that those portions of all front, rear and
side yards not used for off-street parking shall be attractively planted
with trees, shrubs, plants or grass lawns and that the site be effectively
screened so as not to impair the value of adjacent properties or impair
the intent or purposes of this section.
(4)
Effect on municipal services. Before granting any site plan approval,
the Plan Commission may, besides obtaining advice from consultants,
secure such advice as may be deemed necessary from the Building Inspector
or other municipal officials, with special attention to the effect
of such approval upon existing municipal services and utilities. Should
additional facilities be needed, the Plan Commission shall not issue
the final approval until the Village has entered into an agreement
with the applicant regarding the development of such facilities.
(5)
Appeals. Denials of building permits contingent upon site plan approval
may be appealed to the Zoning Board of Appeals by filing a notice
of appeal with the Village Clerk within 10 days of the denial.
D.
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.
E.
Utilities required.
(1)
Residential building. No building permit shall be issued for the construction of any residential building until the requirements of § 575-18 and other applicable ordinances are satisfied or 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 Building Inspector.
(2)
Nonresidential building. No building permit shall be issued for the construction of any nonresidential building requiring utilities as required by Chs. Comm 60 to 66, Wis. Adm. Code, until the requirements of § 575-18 and other applicable ordinances are satisfied. If utilities are not required, road requirements must be satisfied.[2]
(3)
Occupancy. No person shall occupy any building until sewer, water,
grading or graveling is 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.
F.
Plans. With such application, there shall be submitted one complete
set 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 Village datum), grade of the 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 same side of street),
type of monuments at each corner of lot, watercourses or existing
drainage ditches, easements or other restrictions affecting such property,
seal and signature of surveyor or a certificate signed by the applicant
and 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. Plans, specifications
and plot plans shall be drawn to a minimum scale of 1/4 inch to one
foot (fireplace detailed to 3/4 inch to one foot). The plans 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.
G.
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 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 therein valued at less than $1,000,
or as determined by the Building Inspector, which do not change the
occupancy area, structural strength, fire protection, exits, light
or ventilation of the building or structure, without issuance of a
building permit.
[Amended 11-9-2004]
H.
Approval of plans.
(1)
If the Building Inspector 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, at his discretion, may issue a permit for
that part of the building before receiving the plans and specifications
for the entire building.
I.
Inspection of work.
(1)
The builder shall notify the Building Inspector when ready for inspections,
and the Building Inspector shall inspect within two business days
after notification all buildings at the following states of construction:
(2)
If he finds that the work conforms to the provisions of this chapter,
he shall issue a certificate of occupancy which shall contain the
date and the result of such inspection, a duplicate of which shall
be filed in the office of the Building Inspector.
J.
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.
K.
Revocation of permits.
(1)
The Building Inspector may revoke any building, plumbing or electrical
permit, certificate of occupancy, 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 or instruction has been issued to
him.
(b)
Whenever the continuance of any construction becomes dangerous
to life or property.
(c)
Whenever there is any violation of any condition or provision
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.
(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 or electrical permit, certificate
of occupancy or approval shall be in writing and may be served upon
the applicant for the permit, the owner of the premises and his agent,
if any, and on the person having charge of construction.[4]
(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 may require for the preservation
of life and safety.
L.
Report of violations. Village officers shall report at once to the
Building Inspector any building which is being carried on without
a permit as required by this chapter.
[Added 3-9-2004]
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 required 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.
Uniform Dwelling Code (UDC) adopted. The Wisconsin Uniform Dwelling
Code, 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.
UDC Building Inspector. For the purpose of this section, and not to conflict with Village Code § 105-11, there is hereby created the position of UDC 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 shall possess the certification categories of UDC HVAC, UDC Electrical, and UDC Plumbing.
F.
Permit required. No person shall add onto any building within the
scope of this section without first obtaining a building permit for
such work from the UDC Building Inspector. Any structural changes
or major changes to mechanical systems that involve extensions shall
require permits. Restoration or repair of an installation to its previous
code-compliant condition as determined by the UDC Building Inspector
is exempted from permit requirements. Re-siding, re-roofing, finishing
of interior surfaces and installation of cabinetry to dwellings within
the scope of this section shall be exempted from permit requirements.
G.
Building permit fee. The permit fees for building projects falling
within the scope of this section shall be determined by resolution
and shall include $25 to be forwarded to the Wisconsin Department
of Commerce for a UDC permit seal that shall be assigned to any new
dwelling.
A.
Portions of State Building Code adopted. Chapters Comm 60 through
66, 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 60
through 66 incorporated herein are intended to be made a part of this
code. A copy of said Chs. Comm 60 through 66 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 incorporated herein
are intended to be made part of this chapter.[1]
C.
State Electrical Code adopted.[2]
(1)
Subject to the exceptions set forth in this chapter, Ch. 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 § 520-3 above.
(2)
All electrical work must be done by an electrician licensed by the
state, an electrical union or a certified municipality.
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
Department of Commerce. The data, tests and other evidence necessary
to prove the merits of such material, method of construction or device
shall be determined by the 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 material 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 Stratford 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 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 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 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 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 Village Board from the date of the report by the Building Inspector
on the cost thereof, pursuant to the provisions of § 66.0627,
Wis. Stats.
A.
Discharge to sanitary sewer prohibited. 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 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, which either shall
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, pipes, 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, except clear water from
roof drains or gutters, a storm sewer lateral shall be installed and
connected to the storm sewer main at the expense of the owner.
[Amended 4-12-2011]
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.
G.
The discharge
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 onto any adjacent property is hereby
prohibited.
[Added 4-12-2011]
Each unit of a duplex shall have a separate water and sewer
service.
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 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 Village employees with regard to possible
damage to trees. The estimated cost of trimming, removal and replacement
of public trees, as determined by the Village, shall be paid to the
Village Clerk prior to issuance of the moving permit.
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 Director of Public Works, 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 streets or highways, 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.
[Amended 1-11-2011]
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 Stratford 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 to 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 characteristic 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 the sum of 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.
Before receiving a building permit, the owner or his agent shall
pay to the Village Treasurer a fee as set by the Village Board. This
permit fee shall apply to all building permits for all new construction
of any kind, for all mobile home placement or replacement and for
all repairs, alterations or demolition for which a building permit
is required. Commencing work before receiving a building permit shall
result in double fees being required.
A.
There will be no building permit fee for state-inspected buildings
except for a site inspection fee as set by the Village Board to determine
compliance with Village Building Codes.
B.
Fees for Uniform Dwelling Code (UDC) inspections will be proposed
by the Building Inspector and approved by the Village Board.
[Amended 5-9-2000]
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 provide in § 1-5 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.
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(3), Wis. Adm. Code.
(1)
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.
(2)
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.
(3)
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 statute or ordinance, no officer,
agent or employee of the Village of Stratford 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.
