The Building Code shall not be construed to require a permit
for any repairs or minor alterations which do not affect the use,
area, structural strength, fire protection, exits, light, sanitation,
ventilation or aesthetics of the building.
It shall be the duty of all Fox Point Police Department officers
to report at once to the Building Inspector any buildings within their
respective districts at which building operations are being carried
on without a building permit as required by the Building Code. It
shall be the duty of other Village enforcement officers to cooperate
with the Building Inspector in the enforcement of the Building Code.
[Amended 2-12-2010 by Ord. No. 2010-03; 5-14-2013 by Ord. No. 2013-03; 11-11-2014 by Ord. No. 2014-09; 11-11-2015 by Ord. No. 2015-04; 4-12-2016 by Ord. No.
2016-04]
A.
Need.
(1)
Prevent deterioration. In order to prevent the development of hazardous
conditions presenting a threat to the health and safety of occupants
of buildings and to other persons, and to prevent the deterioration
of buildings resulting in substantial depreciation in the property
values of the neighborhood, it is necessary that buildings be kept
in a reasonable state of repair.
(2)
Eliminate nuisance. The sanitary sewers in the Village were not designed
to and do not have the capacity to carry off all clear water entering
said sewers in periods of heavy surface water runoff. Many buildings
in the Village have the drain tile around the footings of such building
connected to the sanitary sewer; some buildings also have other sources
of entrance of clear water to the sanitary sewer. In times of heavy
rains or melting snow, the sanitary sewers are surcharged and through
sewer overflows discharge into ravines or ditches and then into Lake
Michigan or the Milwaukee River. The Department of Natural Resources
has ordered the Village to eliminate such sewer overflows and to eliminate
the entry of clear water into the sanitary sewers. The elimination
of the sewer overflows without the elimination of the entry of clear
water into the sanitary sewers will result in the backup of the sanitary
sewers into the basements of houses. The backing up of sanitary sewage
into the basements of houses causes a pollution problem, a menace
to health and safety, and constitutes a public nuisance.
(3)
Multifamily residential rental units. Section 66.0104(2)(e), Wis.
Stats., allows municipalities to inspect rental property or rental
units as part of a program of regularly scheduled inspections conducted
in compliance with § 66.0119, Wis. Stats., as applicable,
and the Village hereby intends to exercise this authority. The Village
finds that multifamily residential buildings with rental units have
unique health, safety and welfare concerns due to the frequency of
the turnover in occupancies, the commercial nature of the ownership
interests, and the lack of owner occupancies, which warrant this exercise
of statutory authority with regard to rental units in multifamily
buildings while not imposing comparable routine inspection of single-family
residential buildings within the Village.
B.
Special inspection warrant. In the event an inspection of any building
is to be made pursuant to the provisions of this section, and permission
is not voluntarily given to the Building Inspector to make such inspection,
he may apply for and obtain a special inspection warrant to make such
inspection, as provided by § 66.0119, Wis. Stats.
C.
Annual Inspections of multifamily residential buildings.
(1)
The provisions of this subsection shall apply to all residential buildings that contain more than one separate rental unit, including, but not limited to, duplexes, apartments, townhouses, and condominiums. When more than one such residential building is owned by all the same owners, said multiple residential buildings shall be treated by the Village as one entire residential building with respect to the application of the provisions of this Subsection C.
(2)
An owner's residential building may be inspected by the Village once
during each calendar year and said inspections shall be accomplished
on a sampling basis of the separate units.
(a)
For a residential building containing a total of at least two
separate rental units, but not more than 20 separate rental units,
one unit may be annually inspected, as selected by the Village.
(b)
For a residential building containing a total of more than 20
separate rental units, 5% of the separate rental units, may be annually
inspected, as selected by the Village.
(c)
To the extent possible, the separate rental units selected for
inspection shall be vacant units. Subject to Subsection C(1)(d) below,
any separate rental unit inspected in a previous annual inspection
shall not be subject to annual inspection again until all of the separate
rental units in the entire residential building have been inspected.
(d)
If the Village determines upon inspection of the separate rental
units that there are code violations that affect the safe, decent
and sanitary living conditions for the occupants in the residential
building, then the Village may inspect as many rental units within
the residential building as it deems reasonably necessary to enforce
its ordinances.
(3)
The Building Inspector shall seek consent for entry to the scheduled
unit(s), and upon refusal shall seek a special inspection warrant
in compliance with § 66.0119, Wis. Stats., as applicable,
prior to conducting the inspection.
(4)
The provisions of this Subsection C shall not alter the Village's authority to inspect all common areas within a residential building during normal business hours upon at least 24 hours' prior written notice addressed to the owner of a residential building as it appears on the real estate tax records maintained by the Village.
A.
Water from the roof of every building in the Village shall be conveyed
from the roof to a point not less than three feet from the foundation
wall of said building and also at least three feet from the lot line
and shall be discharged in such a manner so as to not directly or
indirectly enter the sanitary sewer system of the Village.
B.
The ground around every building in the Village shall be pitched
away from the foundation wall so that water flows away from the wall
to help prevent surface water from seeping down along the foundation
walls into the drain tile.
C.
No surface water drain connected directly or indirectly to the sanitary
sewer is permitted.
When applicable to the lands involved, the provisions of Chapter 724 of this Code (Floodplain Zoning) shall also be complied with on the application and granting of a building permit.
A.
Every single-family residence shall be equipped with a garbage grinder
or an incinerator.
B.
Every two-family residence shall be equipped with either a garbage
grinder in each residential unit, an incinerator for each unit, or
one incinerator servicing both units.
C.
Every multiple-family residential building shall be equipped with
either a garbage grinder in each residential unit or an incinerator
servicing one or more units providing all units are serviced by an
incinerator.
D.
The installation of smoke detectors approved by Underwriters Laboratory, Inc. is hereby required for all new and existing single- and two-family residential units. There shall be a minimum of one smoke detector on each floor of each home which includes the basement. All existing residential homes shall comply within one year of the effective date of this section or at the time a certificate of compliance is required, whichever occurs first, and failing to so comply, the resident, or if no resident, the owner, shall be fined pursuant to § 1-4 of the Fox Point Village Code and a certificate of compliance shall be denied.
[Added 2-9-1988 by Ord. No. 88-546]
