City of Fox Lake, WI Building Construction

General permit requirement. No building of any kind shall be moved within or into the City of Fox Lake 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 City, except as herein provided, until a permit therefor shall first have been obtained by the owner, or his authorized agent, from the Building Inspector. The installation of shingles, felt, and siding materials on existing residential and nonresidential structures shall be deemed a construction activity that does not require a permit. Replacement of roofing and siding underlayment beyond what is specified above does need a permit.

[Amended 11-6-2013]

Alterations and repairs. The following provisions shall apply to buildings altered or repaired:

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]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

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 exit, fire protection, or exterior aesthetic appearance, and which do not increase a given occupancy or use, shall be deemed minor repairs and are not required to have a permit.

[Amended 11-6-2013]

(c)

When alterations 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.

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.

Site plan approval.

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 Planning Commission in accordance with the requirements of this section, unless site plan review is required under the City Zoning Code. The applicant shall submit a site plan and sufficient plans and specifications of proposed buildings, machinery and operations to enable the Planning Commission or its expert consultants to determine whether the proposed application meets all the requirements applicable thereto in this chapter.

Administration. The Building Inspector shall make a preliminary review of the application and plans requiring site plan review and refer them along with a report of his findings to the Planning Commission. The Planning Commission shall review the application and may refer the application and determine whether the application and plans meet all the requirements applicable thereto in this chapter. Within 30 days of its receipt of the application, the Planning Commission shall authorize the Building Inspector to issue or refuse a building permit.

Requirements. In acting on any site plan, the Planning Commission shall consider the following:

The appropriateness of the site plan and buildings in relation to the physical character of the site and the usage of adjoining land areas.

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 Planning 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 nor impair the intent or purposes of this section.

Effect on municipal services. Before granting any site plan approval, the Planning 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 Planning Commission shall not issue the final approval until the City 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 City Clerk within seven days of the denial.[2]

[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Dedicated street and approved subdivision required. Unless a waiver is granted by the Common Council, following a recommendation from the Building Inspector, no building permit shall be issued unless the property on which the building is proposed to be built abuts a street that has been dedicated for street purposes. No building permits shall be issued until the subdivision and/or certified survey and required improvements are accepted by the Common Council.

Utilities required for residential and nonresidential buildings. No building permit shall be issued for the construction of any building until sewer, water, storm sewer, grading, streets, and curb and gutter are installed in the streets necessary to service the property for which the permit is required.

Elevations. The first floor minimum elevation of a house shall be 18 inches above the curbline at the high side. The maximum driveway elevation shall be 12% from the flag of the curb to the threshold of the garage door.

Plans. With applications for new detached structures or additions there shall be submitted three 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 City datum), grade of lot and of the street abutting 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, the signature of the applicant and, if necessary due to the nature of the project, 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. One set of plans shall be of reduced size to facilitate copying. Plans, specifications and plot plans shall be drawn to a minimum scale of 1/4 inch to one foot (fireplace details to 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 involving the State Building Code shall bear the stamp of approval of the State Department of Safety and Professional Services. 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.

Waiver of plans; minor repairs.

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.

Minor repairs. The Building Inspector may authorize minor repairs or maintenance work on any structure or to heating, ventilating or air-conditioning systems installed which are valued at less than $500 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.

Approval of plans.

If the Building Inspector determines that the building will comply with this Building Code and with other applicable ordinances and orders of the City, 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.

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.

Inspection of work. The qualified inspector, as certified by the Wisconsin Department of Safety and Professional Services, is hereby authorized and directed to administer and enforce all provisions of the Wisconsin Administrative Code related to his certification. The builder shall notify the Building Inspector when ready for inspections and the Building Inspector may inspect after notification all buildings at the following states of construction:

Footings and foundation (footings prior to pouring of concrete and foundations prior to pouring of concrete);

General framing, rough electrical, plumbing and heating;

Insulation; and

Completion of the structure.

Inspection warrants. If the Building Inspector is denied access to inspect a property, he may request the City Attorney to seek an inspection warrant pursuant to § 66.0119, Wis. Stats.

Certificate of occupancy.

Inspections.

The Building Inspector shall make a final inspection of all new buildings, additions, and alterations. If no violations of this chapter or any other ordinance are found, the Building Inspector shall issue a certificate of occupancy, stating the purpose for which the building is to be used.

No building or part thereof shall be occupied until such certificate has been issued, nor shall any building be occupied in any manner which conflicts with the conditions set forth in the certificate of occupancy. The responsible party, whether the builder and/or owner, who occupies a building before the issuance of a certificate of occupancy shall be subject to double certificate of occupancy fees, along with other penalties provided in this chapter. It shall be the responsibility of the responsible party, whether the builder and/or owner, to inform building tenants of the certificate of occupancy requirement.

Use discontinued.

Whenever any building or portion thereof is being used or occupied contrary to the provisions of this chapter, the Building Inspector shall order such use or occupancy discontinued and the building or portion thereof vacated, by notice served on any person using or causing such use or occupancy to be continued, and such person shall vacate such building or portion thereof within 10 days after receipt of the notice or make the building or portion thereof comply with the requirements of this chapter.

Any building, structure, or premises, or any part thereof, hereafter vacated or damaged by any cause whatsoever so as to jeopardize public safety or health shall not hereafter be occupied or used under an existing certificate of occupancy or without the same until an application has been filed and a new certificate of occupancy issued.

Change. It shall be unlawful to change the use of any building, structure, premises, or part thereof without first obtaining from the Building Inspector an approval of such change in the occupancy or use and a certificate of occupancy therefor.

Hardship. The Building Inspector shall have the authority and power to permit the occupancy of any building or structure in the City prior to issuance of a certificate of occupancy in all such cases of hardship as, in his judgment and discretion, warrant occupancy before the final stage of completion as set forth in this chapter. Before granting such permission, the Building Inspector shall first examine the premises and determine if it is safe and sanitary.[3]

[3]

Editor's Note: Original § 15-1-2(l)(5), When a use or occupancy shall be discontinued and a building or portion thereof vacated, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See Subsection L(2)(a) of this section.

(5)

Certificate of occupancy by Fire Chief. The Fire Chief, or his designee, shall have dual authority with the Building Inspector in the issuance of certificates of occupancy for multifamily and commercial structures, places of public assembly, and schools. All authority and power granted herein to the Building Inspector equally is herein granted to the Fire Chief for fire inspections of such buildings.

Payment of fees. All fees shall be paid to the City Treasurer. Upon presentation of the City Treasurer's receipt showing that the fees prescribed by this chapter have been paid, the Inspector, upon entering upon the application the number of the receipt, shall issue to the owner, or his agent, a building permit.[4]

[4]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

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.

Revocation of permits.

The Building Inspector or other authorized inspectors may revoke any building, plumbing, HVAC 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:

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 had been issued to him.[5]

[5]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

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.

(f)

Whenever there is a violation of any of the conditions of an approval or certificate of occupancy given by the Building Inspector for the use of all new materials, equipment, methods of construction, devices or appliances.[6]

[6]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

The notice revoking a building, plumbing or electrical permit, certificate of occupancy or approval shall be in writing and may be served upon the applicant for the permit, owner of the premises and his agent, if any, and on the person having charge of construction.[7]

[7]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

A revocation placard shall also be posted upon the building, structure, equipment or premises in question by the Building Inspector.

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 may require for the preservation of life and safety.

Report of violations. City officers shall report at once to the Building Inspector any building which is being carried on without a permit as required by this chapter.

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.

§ 220-3 State Uniform Dwelling Code adopted.

State code adopted. The Administrative Code provisions describing and defining regulations with respect to one- and two-family dwellings in Chs. SPS 320 through SPS 325, Wis. Adm. Code, and the Wisconsin State Building Code prepared by the Southeastern Wisconsin Building Inspectors Association (for existing buildings) 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 and Wisconsin State Building 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 the City of Fox Lake. A copy of these Administrative Code provisions and any future amendments shall be kept on file in the Building Inspector's office.

Existing buildings.

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.

An existing structure is altered or repaired, when the cost of such alteration or repair during the life of the structure exceeds 50% of the equalized value of the structure, said value to be determined by the Building Inspector.

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 § 220-2 shall also apply. Any addition or alteration, regardless of cost, made to a building shall be made in conformity with applicable sections of this chapter.

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.

Definitions. As used in this section, the following terms shall have the meanings indicated:

ADDITION

New construction performed on a dwelling which increases the outside dimensions of the dwelling.

ALTERATION

A substantial change or modification other than an addition or minor repair to a dwelling or to systems involved within a dwelling.

DEPARTMENT

The Department of Safety and Professional Services.

DWELLING

Any building, the initial construction of which is commenced on or after the effective date of this chapter, which contains one or two dwelling units; or

ONE- OR TWO-FAMILY DWELLING

An existing structure, or that part of an existing structure, which is used or intended to be used as a one- or two-family dwelling.

MINOR REPAIR

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.

PERSON

An individual, partnership, firm or corporation.

UNIFORM DWELLING CODE

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

Method of enforcement.

Certification. 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.

Duties. The Building Inspector shall administer and enforce all provisions of this chapter and the Uniform Dwelling Code.

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 agent while in performance of his duties.

Records. The Building Inspector shall perform all administrative tasks required by the Department under the Uniform Dwelling Code. In addition, the 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. The Building Inspector shall make a written annual report to the Common Council relative to these matters.

§ 220-4 Construction standards; codes adopted.

Portions of State Building Code adopted. Chapters SPS 361 through SPS 366 of the Wisconsin Administrative Code (Wisconsin State Commercial Building Code) are hereby adopted and made a part of this chapter with respect to those classes of commercial buildings to which this Building Code specifically applies. Any future amendments, revisions and modifications of said Chapters SPS 361 to SPS 366 incorporated herein are intended to be made a part of this chapter. A copy of said Chapters SPS 361 to SPS 366 and amendments thereto shall be kept on file in the office of the Building Inspector.

State Plumbing Code adopted. The provisions and regulations of Ch. 145, Wis. Stats., and Chs. SPS 381 to SPS 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 City. Any further amendments, revisions and modifications of said Wisconsin Statutes and Administrative Code adopted herein are intended to be made part of this chapter.

State Electrical Code adopted. 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, except those covered in § 220-3 above.

Conflicts. If, in the opinion of the Building Inspector and the Common Council, 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 City shall apply the most stringent provisions in determining whether or not the proposed building meets the requirements of this section.

§ 220-5 Electrical permits.

Code compliance. Except as otherwise provided by this chapter, all installations of electrical equipment shall conform to and comply with the State Electrical Code, the Wisconsin Statutes, this chapter and any orders, rules and regulations issued by authority thereof and with approved electrical standards for safety to persons and property. Where no specific standards for safety are prescribed by this chapter or by the State Electrical Code, conformity with the regulations set forth in the National Electrical Code and in the National Electrical Safety Code shall be prima facie evidence of conformity with approved standards for safety to persons and property.

Permit required.

Before any electrical wires or electrical apparatus shall be installed for lighting or power purposes or any electrical construction work done, except minor repair work, a permit therefor shall be obtained from the Building Inspector by a licensed electrician. No permit shall be issued unless satisfactory proof is furnished to the Building Inspector upon his request that the applicant has been employed to perform the work or installation and will be responsible for the performance thereof in the manner required by ordinance and by law, nor unless proof is submitted that the applicant has paid to the City the fees herein required. The application for such permit shall be on a form furnished by the Building Inspector and shall state clearly the work planned, alterations to be made, and equipment and materials to be used, and all later deviations from such plan must be submitted to and approved by the Building Inspector.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

"Minor repair work" shall be construed to mean the replacement of broken or defective sockets, snap, push or toggle switches, convenience outlets and portable electrical appliances.

A permit shall be required for the installation of any outlet and any electrical wiring for use on any circuit, including wiring for so-called low-voltage wiring for control of heating, ventilating, cooling, lighting, signal and communication equipment, excepting signal systems operated by, and/or in conjunction with, communication systems installed and maintained by a public utility.

Electrical inspections.[2]

It shall be unlawful to connect up the electrical wiring and equipment of any building to any electrical supply lines or to turn on the current unless a certificate of inspection has been issued by the Building Inspector, and it shall be the duty of the electrical utility supplying service to any building to secure a copy of the certificate of inspection from the Building Inspector before supplying service to such building.

Upon the completion of the construction and installation of the electrical wiring and equipment of any building, it shall be the duty of the firm, person or corporation doing the same to notify the Building Inspector, who shall inspect the installation within 48 hours of the time such notice is given. If the installation is found to be in compliance with the provisions of this chapter, the Inspector shall issue a certificate of inspection authorizing connection to the electrical service and the turning on of the current. All wires which are to be concealed shall be inspected before the concealment, and no other craft shall cover up or conceal such wires until the installation has been inspected and approved and officially tagged to this effect by the Building Inspector.

No certificate of inspection shall be issued by the Building Inspector unless the electrical wiring and equipment for light, power, heat or other similar purposes are safe with respect to both life and fire hazard and are in strict conformity with the ordinances of the City, the statutes of the state and the general or special orders of the State of Wisconsin adopted under authority of the statutes.

[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 220-6 Plumbing permits. [1]

All plumbing installations to be inspected.

All plumbing to be inspected. All plumbing systems or installations within the boundaries of the City and those connecting to the City water or sewerage system beyond the boundaries are subject to inspection as required in this chapter.

System of inspection. Whenever any work is ready for inspection, the Building Inspector shall be notified by the plumber in charge or person receiving the permit, as directed by the Building Inspector, specifying the street and number when possible and the permit number under which the work is being done. Unless otherwise especially permitted by the Inspector, all work, either plumbing, water supply piping, house sewers or drains, shall be left uncovered for examination until examined and approved by the Inspector. When necessary, the Inspector shall notify the plumber in charge or the owner of the property at what time the inspection will be made. The plumber in charge shall make such arrangements as will enable the Inspector to reach all parts of the building readily and shall have present the proper apparatus and appliances for making the test and performance of plumbing work. Failure to respond promptly to official communications shall be deemed a sufficient reason for withholding permits, and the plumber shall be held responsible for the violation of these regulations by himself or any of his employees.

Responsibility of property owners for repairs. Repairs of any drainage or waste pipe carrying domestic sewage from outside the foundation walls of any building or structure to and including the connection with the "Y" in the sewer main, including private domestic sewage treatment and disposal systems, such as stoppage of leaks in supply or waste pipes, clearing stoppages in waste pipes and repairing valves or faucets in the drainage or waste pipe, shall be the sole responsibility of the property owner, except that in the event such leak or stoppage or defective valve or faucet is located between the "Y" (including its connection with the "Y") in the sewer main and the end of the sewer service lateral to the curb or other disposal terminal, then the City shall be responsible for such repairs but shall charge the cost of such repairs to the property owner.

Building Inspector to have supervision of sewers. All sewer service laterals will be under the supervision of the Building Inspector, and no sewer service lateral shall be laid and no opening into or connection with a sewer service lateral shall be made except under his direction and supervision.

Permit to connect with public sewer system.

Permit required. No person, firm or corporation shall open any street, alley or public place for the purpose of connecting to a sewer lateral or other terminal, lay any house sewer or drainpipe or make any attachment or extension to any old drain or house sewer, or do any kind of work whatsoever in connection with any public or private sewer inside or outside of any building, except repairs, without first obtaining from the Building Inspector a written permit to connect to the public sewer system.

Application for permit. Such permit shall be granted only upon written application by a licensed master plumber, authorized by the owner or agent of the premises desiring to make such connection, extension or alteration, stating the name of the owner and that he and such master plumber will be bound by and be subject to all the rules and regulations prescribed by the Building Inspector and Common Council, and giving the exact location of the premises, stating the purpose for which the connection, extension or alteration is to be used and the time when the work is to be done, and all other particulars in respect thereto.

Permit required before laying drains. No work of laying house sewers or storm drains that are on the premises and in the hands of a master plumber or one employed by him shall be commenced or continued without the required permit to connect to the public sewer, which shall be issued by the Building Inspector.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 220-7 New methods and materials.

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.

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, test and other evidence necessary to prove the merits of such material, method of construction or device shall be determined by the State Department of Safety and Professional Services.

§ 220-8 Unsafe buildings.

Whenever the Common Council, upon the inspection and report of the Building Inspector or other authorized inspector, finds any building or part thereof within the City of Fox Lake to be, in 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, the Council may 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. The Council shall give specific reasons for its determination. Such order and proceedings shall be as provided in § 66.0413, Wis. Stats.

§ 220-9 Disclaimer on inspections.

The purpose of the inspections under this chapter is to improve the quality of housing in the City of Fox Lake. 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: "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."

§ 220-10 Garages.

Private garages shall be built in accordance with the general construction standards established in the Wisconsin Uniform Dwelling Code and the accessory building requirements of the City of Fox Lake Zoning Code.[1]

Editor's Note: See Ch. 520, Zoning.

§ 220-11 Regulation and permit for razing buildings.

No building within the City of Fox Lake 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.

All debris must be hauled away at the end of each week for the work that was done during that week. 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.

§ 220-12 Basements; excavations.

Basement subflooring. First floor subflooring shall be completed within 45 days after the basement is excavated.

Fencing of excavations. The owner of any premises on which there exists an opening or excavation after 45 days 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.

Closing of abandoned excavations. Any excavation for building purposes or any uncovered foundation which shall remain open for more than 45 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 Common Council from the date of the report by the Building Inspector on the cost thereof, pursuant to the provisions of § 66.0627, Wis. Stats.

Vacant buildings. Whenever any building or structure is vacant and the doors and windows or any part thereof have been removed or opened, leaving the interior of such building or structure exposed to the elements and accessible to trespassers, then such building or structure shall be deemed to be dangerous, unsafe, and a menace to public safety. The Building Inspector shall give the owner thereof written notice to secure said building or structure and comply with City Code requirements within 30 days of the date of said notice. Failure to comply with said written notice shall be sufficient grounds for the Building Inspector to condemn and raze said building or structure in accordance with the applicable provisions of § 66.0413(2), Wis. Stats.

§ 220-13 Discharge of clear waters.

Discharge. No person shall cause, allow or permit any roof drain, surface drain, subsoil drain, drain from any mechanical device, gutter, ditch, pipe, conduit, sump pump or any other object or thing used for the purposes of collecting, conducting, transporting, diverting, draining or discharging clear water from any part of any private premises owned or occupied by said person to discharge into a sanitary sewer.

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 City and to the protection of the property.

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.

Stormwater. All roof drains, surface drains, drains from any mechanical device, gutters, pipe, conduits or any other objects or things used for the purpose of collecting, conducting, transporting, diverting, draining or discharging stormwaters shall be discharged either to a storm sewer, a dry well, an underground conduit leading to a drainage ditch or onto the ground surface in such other manner as will not constitute a nuisance as defined herein.

Storm sewer lateral. Where municipal storm sewers are provided and it is deemed necessary by the property owner and/or the City 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.

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.

§ 220-14 Regulations for moving buildings.

[Amended 5-3-2005; 2-7-2007[1]]

Any person proposing to move on or across the public streets of the City any building or structure used for business, dwelling, storage or other similar purpose shall obtain a permit therefor from the Council or from the Building Inspector as authorized by the Council and shall file with the City Clerk a written application for such permit.

Prerequisite; conditions imposed.

No building, regardless of size, shall be moved until a permit has been obtained as provided in this section. The Council shall not issue such permit if in its judgment the proposed new location of the structure would seriously increase the fire hazard of the surrounding buildings or if moving the building or structure will or probably will result in unreasonable damage to streets, trees, or other property along the route over which such building or structure is proposed to be moved.

No permit to move a residential structure to a new location within the City shall be granted unless the full and true value of the structure at its original location is 75% of the average full and true values of the residential structures within 500 feet of any part of the premises upon which the structure shall be located within the City. If the structure does not meet the value requirement, a variance may be granted within the City if 75% of the owners of residential property within 500 feet approve of the variance. The Common Council may require an appraisal to determine the full and true value of the structure to be moved. Prior to issuing the permit, the Common Council may place specific conditions and/or restrictions (aesthetic or structural upgrades) on the building before allowing the owner to move it into the City.

Contents. The application for a special permit to move a structure shall contain the following information:

The name of the owner of the structure.

The name of the owner of the premises from which the structure is to be moved and the legal description of such premises.

The name of the owner of the premises to which the structure is to be moved and legal description of the premises.

The exact route over which the structure is to be moved.

(5)

The person or contractor by whom the moving operation is to be done.

(6)

A statement enumerating and locating electric wire or other public utility installations which will have to be removed or altered in order to accommodate the moving operation.

(7)

A statement containing an accurate estimate of the extent and nature of trimming, alteration, or removal of trees which will be necessary to accommodate the moving operation.

(8)

The estimated complete cost of moving the structure and relocating the same.

(9)

The size of the lot or lots on which the structure will be located. The owner shall provide a single picture of the lot the structure is to be moved to.

(10)

The size of the building or structure and the maximum height the building will attain when loaded for moving. The owner of the building shall provide pictures of the structure to be moved which will show views from all sides.

(11)

The distance that the building will be from the front lot line, the rear lot line, and the side lot lines on each side of the building.

(12)

Whether the outside walls are frame, brick, stucco or cement construction.

(13)

A statement signed by the owner or his agent that all work will be done in conformity with the facts stated in such application and that all work done will conform to the Zoning Code of the City, this chapter, and the laws of the state.

(14)

Such other information as the Council may require in any particular case.

Bond required. The application for a special permit shall be accompanied by an indemnity bond in an amount to be fixed by the Council, with sufficient surety to be approved by the Council, conditioned upon the movement of the building or structure described in the application without damage to the streets, the adjacent parking, the trees or shrubs along such streets, the property of any municipal utility or the property of any person. In lieu of the surety bond cash may be deposited with the City Clerk.

Plans for water and sewer required. Before any structure is moved onto a tract of ground pursuant to this section, a diagram showing water and sewer connections must be presented to the governing body for approval. If said structure is beyond the minimum distance required for connecting with the City sewer system, then the diagram must show plans for a septic tank system which is mandatory where connection to the City sewer is not required.

Cutting or pruning trees. Any cutting or pruning of trees must be done under the direction and supervision of a responsible person designated by the Council, and the charge for such supervision shall be the overtime wage of said employee, and said sum shall be paid to the City by the owner of the structure or person contracting to move the same. All cut ends of tree branches shall be painted or otherwise properly treated.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 220-15 Fire district regulations.

In addition to other provisions of this chapter, the following regulations shall be complied with:

Fire limits established. The fire limits for the City are established as follows: all that part of the City lying within 12 rods north and south of a line running through the center of State Street from a point where the river crosses such street to the west line of Depot Street.

Regulations.

All buildings hereafter built or altered within the fire limits shall be at least Type 5 Construction.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Such regulations shall not apply to property used or intended to be used solely for residential purposes located in that portion of the fire limits between the east line of Center Street and the west line of Depot Street.

§ 220-16 Fees.

Building Code fees. Fees shall be set by the Common Council.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Double fees. If a required permit is not obtained prior to commencement of construction, fees shall be doubled.

Any permit not obtained or violation of this section shall also be subject to penalties under § 1-4 of this Code.

[Added 5-2-2007]

§ 220-17 Severability.

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.

§ 220-18 Violations and penalties.

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 or other authorized inspectors shall promptly report all such violations to the Common Council and 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 of buildings in violation of this chapter or to cause such building, structure or use to be removed, and such violations 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 City 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]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Notice of violation.

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(3), Wis. Adm. Code.

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.

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 City from maintaining any appropriate action to prevent or remove a violation of any provision of this chapter or the Uniform Dwelling Code.