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.
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."
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.
[Amended 5-3-2005; 2-7-2007]
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.
A. Prerequisite; conditions imposed.
(1) 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.
(2) 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.
B. Contents. The application for a special permit to move a structure
shall contain the following information:
(1) The name of the owner of the structure.
(2) The name of the owner of the premises from which the structure is
to be moved and the legal description of such premises.
(3) The name of the owner of the premises to which the structure is to
be moved and legal description of the premises.
(4) 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.
C. 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.
D. 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.
E. 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.
In addition to other provisions of this chapter, the following
regulations shall be complied with:
A. 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.
B. Regulations.
(1) All buildings hereafter built or altered within the fire limits shall
be at least Type 5 Construction.
(2) 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.
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.