[HISTORY: Adopted by the Village Board of the Village of
Belleville as Title 10, Ch 7, of the 1994 Code. Amendments noted where
applicable.]
GENERAL REFERENCES
Driveways — See Ch. 248.
Grading — See Ch. 289.
Historic preservation — See Ch. 304.
Property maintenance — See Ch. 403.
Solar energy systems — See Ch. 442.
Stormwater management and erosion control — See Ch. 450.
Sewer — See Ch. 538.
Water — See Ch. 569.
Floodplain zoning — See Ch. 580.
Shoreland-wetland zoning — See Ch. 592.
Subdivision of land — See Ch. 600.
Zoning — See Ch. 615.
A.
Title. This chapter shall be known as the "Building Code of the Village
of Belleville" 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 and trash receptacle or enclosure 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 or her authorized agent, from the Building Inspector or his
or her designee. Before a building permit may be issued under this
section for a new construction or to make exterior improvements, additions
or repairs to an existing structure, the building permit applicant
shall provide the Building Inspector with proof that an adequate trash
receptacle has been or will be replaced on the premises or that an
enclosed structure on the premises will be adequate to store the trash
and rubbish resulting from the construction, improvement, addition
or repair. The Building Inspector shall determine whether the trash
receptacle or enclosed structure is adequate. All trash and rubbish
resulting from the construction, improvement, addition or repair of
the premises shall either be placed neatly and securely in the trash
receptacle or stored in an enclosed structure on the premises.
[Amended by Ord. No. 1998-10-01]
(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
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 or 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.
D.
Utility and street requirements for 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
Building Inspector.
E.
Utilities required.
(1)
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.
(2)
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 servicing the property.
F.
Plans. With such application, there shall be submitted two 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 Village datum), grade of the lot and of the street abutting
the lot, grade and setback of adjacent buildings (if an adjacent lot
is vacant, submit the elevation of the nearest buildings on the same
side of the street), type of monuments at each corner of the lot,
watercourses or existing drainage ditches, easements or other restrictions
affecting such property, seal and signature of the 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 details at 3/4 inch to one
foot). 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 required to comply with the
State Building Code shall bear the stamp of approval of the State
Department of Safety and Professional Services. Two plans shall be
submitted, one of 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 § SPS 320.09(4), Wis. Adm.
Code. Buildings under 25,000 cubic feet may not require a state building
stamp of approval but shall comply with building code requirements.[3]
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 or 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 therein valued at less than $500,
as determined by the Building Inspector, 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.
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 or 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 or her discretion, may issue a permit
for that part of the building before receiving the plans and specifications
for the entire building.
I.
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 24 months from the date of issuance thereof.
[Amended 6-7-2010 by Ord.
No. 2010-06-10]
J.
Revocation of permit.
(1)
The Building Inspector or the Village Board may revoke any building,
HVAC, 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 had been issued to him or her.[4]
(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.
(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, HVAC, 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 or her agent, if any, and on the person having charge of construction.[6]
(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 regulation
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 or she may require for the preservation
of life and safety.
K.
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.
L.
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. SPS 320 through 325, 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 this Village. A copy of these
Administrative Code provisions and any future amendments shall be
kept on file in the Village Clerk/Treasurer's office.
B.
Existing buildings.
(1)
The Wisconsin Uniform Dwelling Code shall also apply to buildings
and conditions where an existing building is to be occupied as a one-
or two-family dwelling, which building was not previously so occupied.
(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 § 218-2 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 one- or two-family 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 exterior 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 Safety and Professional Services.
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 SPS 320, Administration and Enforcement
| |
|
Chapter SPS 321, Construction Standards
| |
|
Chapter SPS 322, Energy Conservation
| |
|
Chapter SPS 323, Heating, Ventilating and Air Conditioning
| |
|
Chapter SPS 324, Electrical Standards
| |
|
Chapter SPS 325, Plumbing
|
D.
Method of enforcement.
(1)
Certified inspector to enforce. The Building Inspector and his or
her delegated representatives are hereby authorized and directed to
administer and enforce all of the provisions of the Uniform Dwelling
Code. The Building Inspector shall be certified for inspection purposes
by the Department in each of the categories specified under § SPS
305.63, Wis. Adm. Code.
(2)
Subordinates. The Building Inspector may appoint, as necessary, subordinates
as authorized by the Village Board.
(3)
Duties. The Building Inspector shall administer and enforce all provisions
of this chapter and the Uniform Dwelling Code.
(4)
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 or her agent while in performance
of his or her duties.
(5)
Records. The Building Inspector shall perform all administrative
tasks required by the Department under the Uniform Dwelling Code.
In addition, the Building 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.
E.
Requirements for dwelling units.[1]
(1)
No dwelling unit shall be erected or installed in any zoning district
unless it meets all of the following:
(a)
It is set on an enclosed foundation in accordance with § 70.043(1),
Wis. Stats., which meets the standards set forth in Subchapters III,
IV and V of Ch. SPS 321, Wis. Adm. Code. The Building Inspector may
require a plan certified by a registered architect or registered professional
engineer to be submitted in order to ascertain that a proposed comparable
foundation system provides proper support for the structure.
(b)
It is properly connected to utilities per this chapter.
(2)
Living area, not including finished basements, enclosed porches,
garages or decks, shall be measured from the outside edge of the exterior
walls for each floor level.
A.
Portions of State Administrative Code adopted. The following chapters
of the Wisconsin Administrative Code are hereby adopted and made a
part of this chapter. Any future amendments, revisions and modifications
of said chapters incorporated herein are intended to be made a part
of this chapter. A copy of said chapters and amendments thereto shall
be kept on file in the office of the Village Clerk/Treasurer.
(1)
Chapter
SPS 310, Flammable, Combustible and Hazardous Liquids.
(2)
Chapter
SPS 318, Elevators, Escalators and Lift Devices.
(3)
Chapter
SPS 328, Smoke Detectors and Carbon Monoxide Detectors.
(4)
Chapter
SPS 340, Gas Systems.
(5)
Chapter
SPS 341, Boilers and Pressure Vessels.
(6)
Chapters
SPS 361 to 366, Commercial Building Code.
(7)
Chapters
SPS 375 to 379, Buildings Constructed Prior to 1914.
B.
Fire Code adopted. The Fire Code of the National Fire Protection
Association (NFPA 1) is hereby adopted and made a part of this chapter
by reference. Any future amendments, revisions and modifications of
said Fire Code incorporated herein are intended to be made a part
of this chapter.
C.
State Plumbing Code adopted. The provisions and regulations of Ch. 145, Wis. Stats., and Chs. SPS 381 to 387, 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.
D.
State Electrical Code adopted.
(1)
Subject
to the exceptions set forth in this chapter, 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.
(2)
Chapter
SPS 316, Wis. Adm. Code, and all amendments thereto are hereby adopted
by reference and made a part hereof. The Village of Belleville hereby
takes the responsibility of electrical inspection of public buildings
and places of employment pursuant to Ch. SPS 316, Wis. Adm. Code.
The Village of Belleville shall employ a state-certified commercial
electrical inspector (COMEL). Except as otherwise noted by this chapter,
all installations of electrical equipment shall conform to and comply
with the State Electrical Code, the statutes of the state, and any
orders, rules and regulations issued by authority thereof and with
approved electrical standards for safety of persons and property.
E.
Conflicts. If, in the opinion of the Building Inspector and the Village
Board, the standards adopted by this section conflict with the provisions
of the Federal Housing Administration standards in their application
to any proposed building or structure, the Building Inspector and/or
the Village Board shall apply the most restrictive 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 Safety and Professional
Services 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 Safety and Professional Services. The data, tests
and other evidence necessary to prove the merits of such material,
method of construction or device shall be determined by the State
Department of Safety and Professional Services.
Whenever the Building Inspector or Village Board finds any building
or part thereof within the Village to be, in his or its 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, he or it 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 of Belleville. 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 under this chapter: "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. Frost footings are not required for detached garages.
A.
Demolition permit required. All persons who demolish or cause to
be demolished any structure or part of a structure within the Village
of Belleville shall apply for and obtain a demolition permit from
the Building Inspector prior to undertaking any steps to demolish
the structure.
B.
Application.
(1)
An application for a permit to demolish all or part of a building
shall include the following information:
(a)
The name and address of the owner of the building on the date of
application and, if different, on the date of demolition;
(b)
The name, address and telephone number of the contractor(s) performing
the demolition work;
(c)
The date upon which demolition is to commence;
(d)
The date by which demolition shall be complete;
(e)
A list of all hazardous waste and hazardous and toxic substances
(as defined by standards promulgated by the Department of Natural
Resources as amended from time to time) contained in the building,
a statement as to whether the building contains asbestos [as defined
by § 254.11(1), Wis. Stats.], and a detailed description
of the method to be used in removing, transporting and disposing of
any hazardous waste, hazardous and toxic substances, and asbestos;[1]
(f)
A detailed description of how and where the waste materials resulting
from the demolition will be transported and disposed of (including
the description of the route to be used by trucks in hauling the waste);
(g)
A description of the method of demolition to be used; and
(h)
A description in detail of all methods to be used to prevent water
runoff and soil erosion from the site to neighboring properties and
to prevent releasing unreasonable amounts of dust from the site.
(2)
Along with the application for a permit for demolition, the applicant
shall present a release from all utilities serving the property stating
that their respective service connections and appurtenant equipment,
such as meters and regulators, have been removed or sealed and plugged
in a safe manner.
D.
Clearing and leveling the site.
(1)
The site of any demolition shall be properly cleared of debris, rubbish
and pavement and shall be properly graded and leveled to conform to
the adjoining grade of the neighboring property, and when so graded
and leveled the site shall be seeded, sodded, or treated in some other
manner acceptable to the Building Inspector so as to prevent blowing
dust, dirt, or sand. Excavations remaining after demolition shall
be filled, graded and leveled off not later than 30 consecutive days
after demolition is completed.
(2)
Excavations from demolished buildings or structures shall not be
filled with any materials subject to deterioration. The Building Inspector,
upon notification by the permit holder, the owner or his or her agent,
in writing and upon forms provided by the Building Inspector for that
purpose, shall within 72 hours inspect each excavation, or part thereof,
before filling any excavation.
(3)
It shall be unlawful to fill any such excavation without inspection
and approval of the Building Inspector. Voids in filled excavations
shall not be permitted. In the event of the unavailability of the
Building Inspector to conduct an inspection within the 72 hours after
written notice, the permit holder, owner or his or her agent may retain
the services of a certified, qualified municipal inspection service
to obtain an opinion that approves filling of the excavation. Said
opinion shall be deemed a sufficient approval by the Village, provided
that a written copy of the opinion is delivered to the Clerk/Treasurer
at least 48 hours before filling of the excavation commences.
E.
Removal and disposal. Removal, transportation and disposal of all
hazardous waste, hazardous and toxic substances, and asbestos shall
be conducted in compliance with all applicable state, federal and
local statutes, ordinances and regulations. The permit holder shall
give the Building Inspector 72 hours' written notice prior to any
removal, transportation or disposal of hazardous waste, hazardous
and toxic substances and asbestos.
F.
Permit fees. Application for a demolition permit shall be accompanied
by a permit fee as prescribed in the Village Fee Schedule.
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 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
60 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 Village Board from the date of the report by the Building Inspector
on the cost thereof, pursuant to the provisions of § 66.0703,
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 purpose 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 purpose 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 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, 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, 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 or 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 or 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 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/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 Village Board.
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 Village
Board, the Village shall repair the damage done to such street and
hold the person obtaining such permit and the sureties on his or 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 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 or 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 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 Belleville 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.
A.
Required fees. The fees for all building, electrical, plumbing and
HVAC permits shall be as established in the Village's Fee Schedule,
as adopted by the Village Board. If work commences prior to obtaining
a building permit, double fees will be charged.
B.
Payment of water shutoff valve deposit fee. It shall be unlawful
for any person constructing a new dwelling or commercial and industrial
building upon any premises within the Village to damage the Water
Utility shutoff valve situated upon such premises. The height of the
water shutoff valve following completion of construction and landscaping
shall be at grade level. At the time of application for a building
permit for construction of a new dwelling or commercial and industrial
building, the applicant shall pay the fee as prescribed in the Village
Fee Schedule as the deposit to insure that the Water Utility shutoff
valve on the premises shall not be damaged during the course of construction
and that the valve is at grade level following completion of construction
and landscaping. At the time of final inspection of construction by
the Building Inspector and following completion of landscaping, the
Public Works Director shall determine whether the Water Utility shutoff
valve has been damaged during construction and whether the valve is
at grade level. If no damage has occurred and the valve is at grade
level, the Public Works Director shall so certify to the Village Clerk/Treasurer
and the amount held on deposit shall be returned to the applicant.
If the Public Works Director shall determine that the Water Utility
shutoff valve has been damaged during construction, the Public Works
Director shall so certify to the Village Clerk/Treasurer and the fee
held as a deposit shall be forfeited by the applicant to the Village.
Nothing herein shall preclude the Village from exercising any remedies
available by law to compensate the Village for any loss suffered due
to the damage to any Water Utility shutoff valve.
[Amended by Ord. No. 2006-12-02]
C.
No permit issuance until payment. No building or other permit shall
be issued until all fees and assessments relating to the property
and imposed by the Village or owed to the Village have been paid.
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.
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 § SPS
320.21, 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 Belleville charged with the enforcement
of this chapter shall render himself or 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 or her 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 or her duties under this chapter shall be
defended by the legal representative of the Village until final determination
of the proceedings therein.
