If any section, clause, provision or portion of this chapter
or Chs. SPS 320, 321, 322, 323, 324 and 325, Wis. Adm. Code, is adjudged
unconstitutional or invalid by a court of competent jurisdiction,
the remaining provisions shall not be affected.
Whenever the Building Inspector and Nekoosa Common Council find
any building or part thereof within the City of Nekoosa 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 City of Nekoosa. 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:
"The 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."
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Private garages shall be built in accordance with the general
construction standards established in the Wisconsin Uniform Dwelling
Code.
[Amended 2-14-2012 by Ord. No. 564]
(1) No building within the City of Nekoosa shall be razed without a permit
from the City of Nekoosa. The Public Works Director shall impose conditions
on the permit as may be appropriate to assure compliance with this
section. 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,
including the removal of the foundation walls, foundation floor, and
basement floor, any hole that exists 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 City of Nekoosa's
Public Works Director.
(2) All debris must be hauled away at the end of each day for the work
that was done on that day. No building material shall be used for
backfill, but shall be hauled away. The foundation walls, basement
walls, foundation floor, or basement floor shall be removed. There
shall be nothing of the building, including the foundation and basement,
used for backfill. 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 a nuisance.
The permittee shall take all necessary steps, prior to the razing
of a building, through the employment of a qualified person in the
field of pest control or by other appropriate means, to treat the
building as to prevent the spread and migration of rodents and insects
therefrom during and after the razing operations.
First-floor subflooring shall be completed within 60 days after
the basement is excavated.
Each unit of a duplex shall have separate water and sewer services.
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 City Attorney, who shall bring an action to enjoin the erection, enlargement, alteration, repair or moving of such building or structure or the establishment of such use or to cause such building, structure or use to be removed. Any person who shall violate any provision of this chapter shall be subject to penalty as provided in §
25.04 of the Code of the City of Nekoosa. 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 constitute a defense. Compliance with the provisions of this chapter may also be enforced by injunctive order at the suit of the owner or owners of any real estate within the jurisdiction of this chapter.
[Added 12-12-2017 by Ord.
No. 592]
(1) Purpose. The purpose of this section is to regulate the removal of
salvageable materials from vacated buildings, not otherwise occurring
as part of an approved demolition plan or for the purposes of remodeling,
for any purpose other than personal reuse by the owner or personal
reuse or required removal by a tenant of the property from which it
was removed, without immediate functional replacement thereof.
(2) Authorities. The City of Nekoosa Director of Public Works shall enforce
this section.
(3) Definitions. As used in this section, the following terms shall have
the meanings indicated:
OPERATOR
Any person, corporation or other business entity or holder
of a security interest that undertakes the removal of salvageable
material from a vacated building within the jurisdictional limits
of the City of Nekoosa, or which directs or allows such removal.
OWNER
The title holder(s) to real property on which stands any
vacated building or structure from which any salvageable material
is removed.
SALVAGE
To remove salvageable material from a vacated building or
structure for other than personal reuse by the owner of the real estate
from which it was removed, without immediate functional replacement
thereof. The phrase "immediate functional replacement thereof" includes
without limitation functional replacement that occurs as a part of
a remodeling process over time pursuant to a valid and subsisting
building permit.
SALVAGEABLE MATERIAL
(a)
Real or tangible personal property that:
2.
Was affixed to real property or any improvement to real property;
3.
Is detachable from real property or any improvement to real
property;
4.
Has been removed for potential or intended reuse, repurposing
or scrap.
(b)
Such materials shall include any such materials of any resale
value that were detached from real property or any improvement to
real property without a permit after the effective date of this section.
TENANT
A person or entity, entitled by written agreement, to occupy
the building or structure, or portion of the building of structure,
from which any salvageable material is removed.
VACATED BUILDING
A building or structure, or portion of a building or structure
of over 200 square feet, that had a principal nonresidential use as
its most recent use allowed by law, which principal use has ceased.
The cessation of the primary activities constituting the principal
use shall be determinative of whether the principal use had ceased.
The presence of personnel in the building or structure is not determinative
of whether the use has ceased.
(4) Recycling.
(a)
The permit holder shall cause to be salvaged, reused or recycled
all of the following material/items removed and debris produced on
site as part of the salvaging permit activities:
1.
Wood that has not been rendered nonrecyclable or nonreusable
by the application or attachment of paint, stains, varnish or other
liquids or solids;
3.
Non-asbestos-containing shingles.
(b)
The City of Nekoosa maintains the right to suspend requirements
of this section if the market for the above materials changes, making
compliance unattainable, or if the condition of the material(s) and/or
proximity to recycling/reuse facilities makes compliance impracticable,
as determined by the Director of Public Works.
(5) Partial exemption. A partial exemption is allowed under this section
for items and materials removed for the sole purpose of historical
or cultural preservation. A request for exemption shall be filed with
the Director of Public Works on forms created by the Director of Public
Works official and provided by the City of Nekoosa. The request for
exemption shall include documentation of historical or cultural significance
acceptable to the Director of Public Works, which may include a written
request for preservation by an historic society or equivalent.
(6) Permit. No person, corporation or other business entity or holder
of a security interest may remove, direct the removal of, or allow
to be removed any salvageable material from a vacated building unless
such removal is performed pursuant to a permit granted by the City
of Nekoosa Common Council and issued to the applicant pursuant to
this section. The owner and permit holder shall be jointly responsible
for complying with any permit issued pursuant to this section.
(7) Permit application.
(a)
The applicant may be the owner of the real estate, or a contractor
hired by the owner. Under all circumstances, the applicant, if other
than the owner, and the owner, shall be jointly and severally responsible
for compliance with the terms of this section.
(b)
Application for a permit, whether initial or renewal, shall be filed with the Director of Public Works on forms created by the City of Nekoosa and provided by the Director of Public Works and provided by the City of Nekoosa. The application for a permit shall at a minimum comply with §
12.01 of the Code of General Ordinances for the City of Nekoosa. The Director of Public Works and/or Common Council may require, and the applicant shall provide, additional information of a specific applicant prior to consideration of and action on a permit.
(c)
A permit fee must accompany the application. An application
fee of $150 shall be paid to the City of Nekoosa by the applicant
when the one-time permit application is filed.
(d)
An asbestos-containing-material (ACM) inspection must be completed
by a certified asbestos inspector separate from and prior to work
under the salvage permit. All asbestos-containing materials which
require removal prior to salvaging will be removed from the building
by a certified asbestos abatement contractor separate from and prior
to the start of the work under a salvage permit. A "Notice of Demolition"
DNR Form No. 4500-113 must be completed for all commercial buildings
or residential buildings of five or more dwelling units if asbestos
is being removed prior to salvage. Proof of DNR approval must be submitted
prior to issuance of a salvage permit.
(8) Permit grant. The City of Nekoosa Common Council shall consider the permit application, but only after receiving the recommendation of the Director of Public Works, which recommendation may not be unreasonably withheld. Prior to making its recommendation to grant or deny the application, the City of Nekoosa Common Council shall consider: the application; the report, if any, of the Director of Public Works; the expertise of the applicant; the effect of the proposed operation on the surrounding neighborhood; the effect on the City of Nekoosa of having a stripped structure remain if the structure is not proposed to be immediately razed or immediately renovated; the presentation, if any, of the applicant; the comments of the public; and such other matters germane to the decision. In making a recommendation to grant, the City of Nekoosa Common Council shall address the following matters: the amount of the irrevocable letter of credit to be required by the permittee as a condition of issuance of the permit and as a requirement of operation; other state or local permits as required by law, rule, or regulation that must be obtained as a condition of issuance of the permit or as a condition of operation; reasonable special operating requirements to be required of the permittee in addition to those listed in Subsection
(7), herein; and such other matters or limitations as the City of Nekoosa Common Council determines are necessary to protect the public interest. After the grant and after all conditions of issuance have been satisfied, the Director of Public Works shall issue the permit to the applicant, who may then be referred to herein as the "permitee" or "permit holder."
(9) Irrevocable standby letter of credit.
(a)
As a condition of issuance of the permit, the permit holder
shall provide to the issuing body and maintain in effect an irrevocable
standby letter of credit naming the City of Nekoosa as beneficiary,
in an amount required by the issuing body and in a form approved by
the City of Nekoosa Attorney. The City of Nekoosa Attorney shall also
approve the form and content of the draw order and all necessary presentment
required to compel payment by the issuer to the City of Nekoosa of
all funds subject to the irrevocable standby letter of credit.
(b)
The irrevocable standby letter of credit shall be the guarantee
of performance by the permit holder. The irrevocable standby letter
of credit must be issued by a financial institution certified by the
state to conduct such business within the state of Wisconsin, allowing
for direct draw by the City of Nekoosa upon presentment to the issuing
bank without court action and without approval by the permit holder,
to complete work or to repair damage that was the obligation of the
permit holder. The irrevocable standby letter of credit must contain
as part of its provisions that it will be maintained constantly in
force as an obligation to the City of Nekoosa for no less than one
year after project completion as reasonably determined by the issuing
body or one year after the expiration of a permit issued under this
section to the permit holder, whichever is later.
(c)
In considering the required amount of the irrevocable standby
letter of credit, the issuing body shall consider: the expertise of
the applicant; the longevity of the applicant; the capitalization
of the applicant; the scope of the proposed project; the cost of rectifying
the possible environmental hazards that could be created; the effect
of the proposed operation on the surrounding neighborhood; and the
cost of remediation of the City of Nekoosa should the City of Nekoosa
have to address any matter due to the unwillingness or inability of
the permit holder to fulfill its obligations. The issuing body may
annually, upon documented request of the permit holder, review the
pertinent facts and decide to reduce the amount of the required letter
of credit in accordance with work completed or threats mitigated.
In the extraordinary circumstances that the issuing body determines
that the requirements to obtain an irrevocable standby letter of credit
are unreasonable, the issuing body may, in the exercise of its discretion,
authorize one or more alternate forms of security in lieu of an irrevocable
standby letter of credit.
(10) Permit term and assignment. A permit issued to the applicant as permit
holder is limited to the term granted.
(a)
Initial term. The initial term of any permit issued under this
section shall be 180 days from the date of issue.
(b)
Renewal term. There is no right or expectation of permit renewal.
The permit may be renewed at the discretion of the City of Nekoosa
Common Council upon application of a permit holder, filed with the
City of Nekoosa Director of Public Works prior to expiration of the
initial term or any renewal terms. Each renewal may be granted for
up to a maximum of 90 days.
(c)
Assignment. No permit issued pursuant to this section is assignable
or transferable without the advance written permission of the City
of Nekoosa Common Council, which shall not be granted unless the permit
holder and prospective assignee demonstrate to the satisfaction of
the City of Nekoosa Common Council that the assignee is capable of
completing the project and all required forms of insurance and financial
assurance are made effective prior to this assignment.
(11) General operating requirements. The following general operating requirements
shall apply to the permit holder and those working for the permit
holder subject to terms of the permit in accordance with the provisions
of this section:
(a)
The permit issued pursuant to this section shall be plainly
displayed on the premises upon which the building is located.
(b)
The building and premises shall, at all times, be maintained
in as clean, neat and sanitary of a condition as such premises will
reasonably permit, in the sole opinion of Director of Public Works.
(c)
No garbage, refuse or other waste likely or susceptible to give
off a foul odor or attract vermin shall be kept on the premises, except
for domestic garbage kept in rodent-proof covered containers which
are removed from the premises as often as necessary to provide a sanitary,
odor-free and vermin-free environment.
(d)
Work done under this permit shall be performed in accordance
with the permit and is subject to inspection by the Code Official
and other inspectors as provided in this section. Any violation of
the permit shall be deemed a violation of this section.
(e)
As a condition of the permit, a
permit holder shall maintain insurance policies during the life of
the permit in the following minimum amounts, which policies shall
name the City of Nekoosa as additional insured and provide coverage
for work performed on the property or associated with the work under
the permit, and shall provide certificates issued by the carriers
as proof of all required coverages:
1.
Commercial general liability:
i.
General aggregate: $1,000,000;
ii.
Each occurrence: $1,000,000.
2.
Automobile liability (owned, nonowned, leased):
i.
Bodily injury, each occurrence: $1,000,000.
ii.
Property damage, each occurrence: $1,000,000.
3.
Pollution legal liability: $5,000,000 each loss where risk is
presented of exacerbation of existing environmental pollution or discharge
of any hazardous waste to the environment or asbestos removal, abatement,
remediation, or dumping/disposal in a federal or state regulated facility
is required; the City of Nekoosa may require a greater or lesser minimum
amount down to and including $0 of pollution legal liability insurance
policy, depending on the circumstances of the project that is the
subject of the permit.
4.
Workers' compensation: statutory limits.
5.
Umbrella liability: $2,000,000 over the primary insurance coverages
listed above.
(f)
The permit holder shall also ensure that subcontractors have
appropriate insurance as determined by the issuing body. This may
include coverage under the permit holder's policy, individual
coverage, or a combination thereof. The issuing body may also require
subcontractors to obtain separate permits pursuant to this section
based on the type of proposed activities or extent or complexity of
the salvaging activities proposed.
(g)
No scrap, salvage or debris which is temporarily stored on the
premises shall be allowed to rest or protrude over any public rights-of-way
or public property, or become scattered about or blown off the premises.
(h)
No mechanized process whatsoever shall be utilized on premises
to reduce the volume of salvageable material or debris after such
salvageable material has been detached from the real property, unless
a special exception is provided by the issuing body in conjunction
with a specific permit. Such prohibited mechanized processes include,
but are not limited to, crushing and shredding.
(i)
There shall be strict compliance with all Code provisions related
to noise control.
(j)
There shall be strict compliance with all Code provisions related
to dust and erosion control.
(k)
No premises or building subject to a permit shall be allowed
to become a public nuisance or be operated in such a manner as to
adversely affect the public safety, health, or welfare.
(l)
There shall be full compliance with the City of Nekoosa Building,
Fire and Health Codes and with all other City of Nekoosa, County,
state and federal laws, rules or regulations which may be applicable.
(m)
The permit holder shall, during the salvage process, maintain
the work site in a safe and secure condition.
(n)
The permit holder shall keep a log of all shipments to and from
the work site during the project, including the date, time, transport
company, vehicle license number, and description of type and amount
of material transported.
(o)
The permit holder must provide to the Code Official, and must
maintain current, a list of contractors doing work that is subject
to a permit issued pursuant to this section, which list of contractors
shall include proof of valid and subsisting policies of insurance
in satisfaction of the general operating requirements specified herein.
As used herein, the phrase "maintain current" means that the list
filed with the City of Nekoosa is updated by the permit holder as
necessary to comply with this section prior to each contractor commencing
work pursuant to the permit.
(p)
The permit holder shall promptly notify the Code Official of
the identity, function and insurance coverage of any new contractor,
subcontractor or other person or entity not specifically identified
in the permit that is conducting operations at the property related
to removal of salvageable material.
(q)
The permit holder shall identify, handle, manage, store, and
dispose of all wastes, lead, asbestos, waste oils, hazardous materials
and hazardous substances as provided in the approved permit plan and
as otherwise directed by the City of Nekoosa should changed conditions
require additional work or precautions to protect the public safety,
health or welfare or comply with any other applicable ordinance, law
or regulation.
(r)
The permit holder shall dispose of building debris in a licensed
landfill, except for salvaged and recycled materials.
(s)
At any time, the permit holder shall produce to the Code Official
documentation that disposition of materials occurred in compliance
with the approved permit and disposition plans.
(t)
The permit holder shall be responsible for disconnections of
utilities, including plumbing and electrical, necessary for safe conduct
of the salvaging process, and shall provide evidence that the necessary
disconnections have been accomplished.
(u)
The permit holder shall restore the site and/or vacated building
to the conditions set forth in the approved permit.
(v)
The permit holder shall comply with all orders the issuing body
imposed upon granting of the permit or at any other time.
(w)
The irrevocable standby letter of credit imposed as a condition
of issuance of the permit shall be maintained in full force and effect
at all times until one year following the issuing body's finding
of project completion.
(12) Inspections.
(a)
Permit holders and property owners shall permit authorized inspection
by representatives of any Department of the City of Nekoosa and authorized
representatives of the State of Wisconsin having enforcement powers
to inspect the premises subject to the permit, with or without advanced
notice, as often as may be required to allow said representatives
to perform their duties and assure compliance with this section as
well as state and federal laws, without first obtaining a special
inspection warrant. Inspections shall be made during normal hours
of business operation except when the presence of emergency circumstances
requires prompt action to protect the public health, safety and welfare
or to preserve evidence of noncompliance with this section or state
or federal laws.
(b)
Inspection may include inspection of the entire property subject
to the permit, including buildings, structures, basements, subbasements,
vaults, and other areas of the property.
(c)
The unreasonable failure to allow inspections shall be grounds
for denial, suspension or revocation of the permit.
(d)
Inspections may include, but are not limited to: taking wipe
samples; waste, structural or product sampling; sampling of pits;
the logging, gauging and sampling of existing wells; videotaping;
preparing site sketches; taking photographs; and testing or sampling
the groundwater, soil, surface water, sediments, air, soil vapor or
other material.
(13) Summary suspension. If in the sole opinion of the Building Official
and/or her/his designee(s), any member of the public is or might be
subject to imminent danger due to action(s), failure(s), refusal(s),
default(s), and/or violation(s) by the permittee of any one or combination
of more than one of the general operating requirements and/or any
other provision and/or requirements set forth in this section and/or
elsewhere, the Building Official and/or her/his designee(s) shall
issue an order to the permittee requiring immediate cessation of those
operations implicating the imminent danger to person or property.
Pursuant to such order, the permittee shall forthwith cause such operation(s),
action(s), failure(s), refusal(s), default(s), and/or violation(s)
to cease in the manner as directed in the order. Failure to maintain
insurance as required, failure to maintain the irrevocable letter
of credit as required, or to permit inspection as required are each
separate and distinct per se violations implicating imminent danger
to the public necessitating an order to cease all operations and/or
for the permittee to take one or more other corrective actions. In
the event that an order to the permittee requiring immediate cessation
and/or other action is issued by the Building Official, et al., such
order shall be considered by the City of Nekoosa Common Council no
later than at its next regular meeting. The City of Nekoosa Common
Council, after hearing from the Building Official, the permittee,
other persons, and the public, shall affirm the order, reverse the
order, or modify the order. The decision of the City of Nekoosa Common
Council may be appealed to the City of Nekoosa Common Council by either
the Building Official or the permittee.
(14) Nonrenewal or revocation. Disciplinary hearings, including nonrenewal,
suspension, revocation, modification, and/or other relief/remedy hearings,
shall be held before the City of Nekoosa Common Council. The City
of Nekoosa Common Council shall determine whether the arguments shall
be presented orally or in writing, or both. If the City of Nekoosa
Common Council, after considering the Building Official's report
and any arguments presented by the Building Official and permittee,
finds the complaint to be true, or if there is no objection to a report
recommending a suspension, revocation, nonrenewal, modification, and/or
other relief/remedy, the permit shall be suspended, revoked, not renewed,
modified, and/or other relief and/or remedy as provided by the City
of Nekoosa Common Council. If the City of Nekoosa Common Council finds
the complaint untrue, the proceedings shall be dismissed without cost
to the accused or the City of Nekoosa. The decision of the City of
Nekoosa Common Council may be appealed by either the Building Official
or the permittee. The Building Official shall give notice of each
suspension, revocation, nonrenewal, modification, and/or other relief/remedy
to the party whose permit is affected.
(15) Violations and liability.
(a)
It shall be a violation of this section to perform, conduct,
direct or allow removal of salvageable material except in conformance
with a valid permit issued pursuant to this section.
(b)
It shall be a violation of this section to disobey or act contrary
to any order issued pursuant to this section.
(c)
The owner and permit holder shall be jointly and severally liable
for any violation of this section and any violation of any condition
of permit pursuant to this section, whether caused by act or omission,
including applicable fines and penalties together with the City of
Nekoosa's costs of enforcement, including attorneys' fees.
(d)
Any operator involved in the violation of this section shall
be found to have committed a separate violation for which it shall
be fully liable, including applicable fines and penalties together
with the City of Nekoosa's costs of enforcement, including attorneys'
fees.
(16) Enforcement, fines and penalties.
(a)
Failure to obtain a permit prior to commencement of work will
result in a penalty of $100 or double the permit fee, whichever is
greater, but in no event shall the penalty exceed $2,000. Such penalty
shall be paid in addition to the customary permit fee.
(b)
A reinspection fee of $100 shall be charged by the City of Nekoosa
against and paid by the property owner if the violation is not corrected
by the reinspection date. One hundred dollars will be charged for
each subsequent reinspection until full compliance is achieved. Reinspection
fees that are not timely paid shall be entered upon the tax roll as
a special charge against the lot or parcel of land, pursuant to the
provisions of § 66.0627, Wis. Stats., as from time to time
amended or renumbered.
(c)
Additional penalties, remedies, and relief for violations hereof are as set forth in Chapter
25 of Nekoosa ordinances, as from time to time amended or renumbered.
(d)
All double and other permit fees, reinspection fees, relief,
remedies, penalties, and enforcement set forth in this section and/or
at law or equity are cumulative and not exclusive.
(17) Reporting.
(a)
Permit holders shall provide reports to the Director of Public
Works in accordance with the reporting requirements specified in the
permit as approved by the City of Nekoosa Common Council. These reports
shall include the following:
1.
A salvageable materials report that identifies the type, quantity
and disposition of salvageable materials removed from the property
during the reporting period and supporting documentation.
2.
A hazardous wastes/materials report that identifies the type,
quantity and disposition of hazardous wastes/materials removed from
the site during the reporting period. This report should be accompanied
by supporting documentation of disposal, names and contact information
of haulers, and copies of any applicable permits/exemptions.
3.
A waste report that identifies the type, quantity, and disposition
of waste materials removed from the site during the reporting period
and supporting documentation.
4.
Any instances of environmental monitoring performed during the
reporting period and the results of same.
(b)
These reports shall also include:
1.
Supporting documentation of removal and disposition of materials
which shall include weigh tickets, bills of lading, sales receipts,
chain of custody logs or equivalent documentation.
2.
A statement by the permit holder that documentation supporting
compliance with this section will be maintained for two years from
submission of the reports.
3.
A statement from the permit holder that the information in the
reports is truthful and accurate.