[HISTORY: Adopted by the Village Board of the Village of
Trempealeau 12-2-1987 as Title 10, Ch. 4, of the 1987 Code. Amendments noted
where applicable.]
A.
Title. This chapter shall be known as the "Building Code of the Village
of Trempealeau" and will be referred to in this chapter as "this code,"
"this chapter" or "this ordinance."
B.
Purpose. This chapter provides certain minimum standards, provisions
and requirements for safe and stable design, methods of construction
and uses of materials in buildings and/or structures hereafter erected,
constructed, enlarged, altered, repaired, moved, converted to other
uses or demolished and regulates the equipment, maintenance, use and
occupancy of all such buildings and/or structures. Its purpose is
to protect and foster the health, safety and well-being of persons
occupying or using such buildings and the general public.
C.
Scope. New buildings hereafter erected in, or any building hereafter moved within or into the Village, shall conform to all the requirements of this chapter, except as they are herein specifically exempted from part or all of its provisions. Any alteration, enlargement or demolition of an existing building and any installation therein of electrical, gas, heating, plumbing or ventilating equipment which affects the health or safety of the users thereof or any other persons is a "new building" to the extent of such change. Any existing building shall be considered a "new building" for the purposes of this chapter whenever it is used for dwelling, commercial or industrial purposes, unless it was being used for such purpose at the time this chapter was enacted. The provisions of this chapter supplement the laws of the State of Wisconsin pertaining to construction and use and Chapter 520, Zoning, and amendments thereto to the date this chapter was adopted and in no way supersede or nullify such laws and said Chapter 520.
A.
Permit required.
(1)
General permit requirement. No building of any kind shall be moved
within or into the Village and no new building or structure, or any
part thereof, shall hereafter be erected, or ground broken for the
same, or enlarged, altered, moved, demolished, razed or used within
the Village, except as herein provided, until a permit therefor shall
first have been obtained by the owner, or his or her authorized agent,
from the Village Administrator or other officer specified herein.
[Amended 8-3-2017 by Ord.
No. 10-2017]
(2)
Alterations and repairs. The following provisions shall apply to
buildings altered or repaired:
(a)
Alterations. When not in conflict with any regulations, alterations
to any existing building or structure accommodating a legal occupancy
and use that changes the dimensions of existing buildings or structures
shall be made to conform to the minimum requirements of this chapter
applicable to such occupancy and use and given type of construction.
(b)
Repairs. Repairs for purposes of maintenance, or replacements
in any existing building or structure which do not involve the structural
portions of the building or structure shall be deemed minor repairs
and no permit will be required.
(c)
Alterations when not permitted. When any existing building or
structure, which for any reason whatsoever, does not conform to the
regulations of this chapter, has deteriorated from any cause whatsoever
to an extent greater than 50% of the equalized value of the building
or structure, no alterations or moving of such building or structure
shall be permitted. Any such building or structure shall be considered
a menace to public safety and welfare and shall be ordered vacated
and thereafter demolished and debris removed from the premises.
(d)
Alterations and repairs required. When any of the structural
members of any building or structure have deteriorated from any cause
whatsoever to less than their required strength, the owner of such
a building or structure shall cause such structural members to be
restored to their required strength; failing in which the building
or structure shall be considered a menace to public safety and shall
be vacated and thereafter no further occupancy or use of the same
shall be permitted until the regulations of this chapter are complied
with.
(e)
Extent of deterioration. The amount and extent of deterioration
of any existing building or structure shall be determined by the Building
Inspector.
B.
Application. Application for a building permit shall be made in writing
or electronically upon a form furnished by the Wisconsin Department
of Safety and Professional Services.
[Amended 8-3-2017 by Ord.
No. 10-2017]
C.
Dedicated street and approved subdivision required. 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
or other means of access has been expressly approved in advance by
the Village Board. No building permits shall be issued until the subdivision
and required improvements are accepted by the Village Board.
[Amended 8-3-2017 by Ord.
No. 10-2017]
D.
Utilities required.
(1)
Residential buildings. No building permit shall be issued for the
construction of any residential building until sewer, water, grading,
and graveling are installed in the streets necessary to service the
property for which the permit is required and a receipt for payment
of electrical hookup is presented to the Village Administrator. The
Village Board shall have the authority to waive one or all of the
requirements based on seasonal weather conditions.
[Amended 10-2-2000; 8-3-2017 by Ord. No. 10-2017]
(2)
Nonresidential building. No building permit shall be issued for the
construction of any building other than residential until contracts
have been let for the installation of sewer, water, grading, and graveling
in the streets necessary to service the property for which the permit
is requested.
(3)
Occupancy. No person shall occupy any building until sewer, water,
grading, and graveling are installed in the streets necessary to service
the property and a certificate of occupancy shall not be issued until
such utilities are available to service the property.
E.
Plans. With such application, there shall be submitted a complete
set of plans and specifications, including a plot plan showing the
location of the proposed building with respect to adjoining roads,
highways, streets, alleys, lot lines, and buildings. Plans for commercial
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 Village Clerk. All plans and specifications shall be signed
by the designer. Plans for all new one- and two-family dwellings shall
comply with the provisions of § SPS 320.09(4), Wis. Adm.
Code.
[Amended 8-3-2017 by Ord.
No. 10-2017]
F.
Waiver of plans. If the Building Inspector or other officer specified
herein finds that the character of the work is sufficiently described
in the application, he or she may waive the filing of plans for alterations,
repairs, or moving.
[Amended 8-3-2017 by Ord.
No. 10-2017]
G.
Approval of plans.
[Amended 8-3-2017 by Ord.
No. 10-2017]
(1)
If the Building Inspector or other officer specified herein determines
that the building will comply in every respect with all ordinances
and orders of the Village and all applicable laws and orders of the
State of Wisconsin, he or she shall issue a building permit which
shall state the use to which said building is to be put. 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. 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 or other officer specified herein.
(2)
In case adequate plans are presented for part of the building only,
the Building Inspector or other officer specified herein may issue
a permit for that part of the building before receiving the plans
and specifications for the entire building.
H.
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.
I.
Revocation of permits.
(1)
The Building Inspector or other officer specified herein may revoke
any building, plumbing, or electrical permit, certificate of occupancy,
or approval issued under the regulations of this chapter and may stop
construction or use of approved new materials, equipment, methods
of construction, devices, or appliances for any of the following reasons:
[Amended 1-4-2016 by Ord.
No. 1-2016; 8-3-2017 by Ord. No. 10-2017]
(a)
Whenever the Building Inspector or other officer specified herein
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 construction
order has been issued to him.
(b)
Whenever the continuance of any construction becomes dangerous
to life or property.
(c)
Whenever there is any violation of any condition or provisions
of the application for permit or of the permit.
(d)
Whenever, in the opinion of the Building Inspector or other
officer specified herein, 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
or other officer specified herein for the use of all new materials,
equipment, methods or construction devices or appliances.
(2)
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 of the permit, owner of the premises and his agent,
if any, and on the person having charge of construction.
[Amended 1-4-2016 by Ord.
No. 1-2016]
(3)
A revocation placard shall also be posted upon the building, structure,
equipment or premises in question by the Building Inspector or other
officer specified herein.
[Amended 8-3-2017 by Ord.
No. 10-2017]
(4)
After the notice is served upon the persons as aforesaid and posted,
it shall be unlawful for any person to proceed thereafter with any
construction operation whatsoever on the premises, and the permit
which has been so revoked shall be null and void, and before any construction
or operation is again resumed, a new permit, as required by this chapter,
shall be procured and fees paid therefor, and thereafter the resumption
of any construction or operation shall be in compliance with the regulation
of this chapter. However, such work as the Building Inspector or other
officer specified herein may order as a condition precedent to the
reissuance of the building permit may be performed, or such work as
he or she may require for the preservation of life and safety.
[Amended 8-3-2017 by Ord.
No. 10-2017]
J.
Report of violations. The police or other Village officers shall
report at once to the Village Clerk any building which is being carried
on without a permit as required by this chapter.
[Amended 8-3-2017 by Ord.
No. 10-2017]
[Amended 8-3-1992; 1-4-2016 by Ord. No. 1-2016; 8-3-2017 by Ord. No. 10-2017]
The Village of Trempealeau delegates administration and enforcement
of the Wisconsin Uniform Dwelling Code (UDC) for one- and two-family
dwellings, per Chs. SPS 320 through 325, Wis. Adm. Code, and all amendments
thereto, to the Trempealeau County Department of Land Management.
The Trempealeau County ordinance adopting the Wisconsin Uniform Dwelling
Code relating to one- and two-family dwellings, as such ordinance
is amended from time to time hereafter, is hereby adopted by reference.
A.
Portions of State Building Code adopted. Chapters SPS 361 through
366, Wis. Adm. Code (Wisconsin Commercial Building Code) are hereby
adopted and made a part of this chapter with respect to those classes
of buildings to which this Building Code specifically applies. Any
future amendments, revisions and modifications of said Chs. 361 to
3611 incorporated herein are intended to be made a part of this Code.
A copy of said Chs. 361 to 366 and amendments thereto shall be kept
on file in the office of the Village Clerk.
[Amended 8-3-2017 by Ord.
No. 10-2017]
B.
State Plumbing Code adopted. The provisions and regulations of Ch.
145, Wis. Stats., and Wis. Adm. Code Chs. SPS 381 through 387 and
SPS 325 are hereby made a part of this chapter by reference and shall
extend over and govern the installation of all plumbing installed,
altered or repaired in the Village. Any further amendments, revisions
and modifications of said Wisconsin Statutes and Administrative Code
herein are intended to be made part of this chapter.
C.
State Electrical Code adopted.
(1)
Wis. Adm. Code § SPS 324 is hereby adopted by reference
and made a part of this chapter and shall apply to the construction
and inspection of new one- and two-family dwellings and additions
or modifications to existing one- and two-family dwellings.
(2)
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 Subsection C(1) above.
D.
Conflicts. If, in the opinion of the Building Inspector or the Village Board, 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 Building Inspector and/or the Village shall apply the most stringent provisions in determining whether or not the proposed building meets the requirements of this section.
[Amended 8-3-2017 by Ord.
No. 10-2017]
A.
All materials, methods of construction and devices designed for use
in buildings or structures covered by this section and not specifically
mentioned in or permitted by this section shall not be so used until
approved in writing by the State Department of Safety and Professional
Services for use in buildings or structures covered by the Wisconsin
State Building Code, except sanitary appliances, which shall be approved
in accordance with the State Plumbing Code.
B.
Such materials, methods of construction and devices, when approved,
must be installed or used in strict compliance with the manufacturer's
specifications and any rules or conditions of use established by the
State Department of Safety and Professional Services. The data, 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.
Whenever the Building Inspector and Village Board find any building
or part thereof within the Village 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 any inspections under this chapter is to improve
the quality of housing in the Village. 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: "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.
[Amended 8-3-2017 by Ord.
No. 10-2017]
A.
No building within the Village of Trempealeau shall be razed without
a permit from the Village Clerk-Treasurer. 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. All debris,
basement walls and concrete floors shall be removed prior to filling
the excavation. 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.
B.
All debris must be hauled away at the end of each day for the work
that was done on that day. No combustible material shall be used for
backfill, but shall be hauled away. There shall not be any burning
of materials on the site of the razed building without permission
from the Village, Fire Department and other governmental agencies.
Any building to be razed shall be inspected for asbestos, and a report
provided to the Village. 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 as to
prevent the spread and migration of rodents and insects therefrom
during and after the razing operations.
A.
Application. This section shall apply to radiant heating units installed
in the Village of Trempealeau. No person shall install a radiant heating
unit which fails to comply with the requirements of this section or
of the heating unit's manufacturer, whichever is more restrictive.
B.
RADIANT HEATING UNIT
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
A room heater, or stove, or freestanding fireplace not intended
for duct connections used to heat a room or rooms that use the combustion
of a solid fuel such as wood or coal as a source of heat.
C.
Permit. No person shall install or cause to be installed a radiant
heating unit without first obtaining a permit from the Village Clerk.
The Building Inspector or Village Clerk shall give each permit applicant
the following information:
[Amended 8-3-2017 by Ord.
No. 10-2017]
D.
Plan and data approval. Plans and data for each radiant heating unit
installation shall be submitted to the Village Clerk for approval
before a permit may be issued. The following data is required to be
submitted with each application:
[Amended 8-3-2017 by Ord.
No. 10-2017]
(1)
The manufacturer's installation and maintenance/operations instructions.
Radiant heating units shall be installed pursuant to the manufacturer's
installation requirements, and in the absence thereof, pursuant to
the requirements of this section.
(2)
Proposed chimney flue and/or new chimney flue sizes.
(3)
The number and sizes of existing vent connectors to the chimney flue.
E.
Inspection. No person shall operate or permit the operation of a
radiant heating unit without first calling for an inspection and receiving
final approval from the Village Clerk.
[Amended 8-3-2017 by Ord.
No. 10-2017]
G.
Mounting of unit.
(1)
On incombustible floors, the unit shall be mounted on a firm level
base of concrete brick or other incombustible material.
(2)
On combustible floors, the unit shall be mounted on a four-inch-thick
concrete floor base with circular or rectangular holes or equivalent
incombustible material so arranged that the holes will parallel the
smaller dimension and be covered with sheet metal of not less than
No. 24 U.S. gauge. The above-specified floor protection shall extend
not less than 18 inches around the perimeter of the unit.
(3)
With legs on combustible floors. Unit which have 18 inches or more
of open space under units may be mounted on combustible floors, provided
that the floor under the unit is protected with not less than 1/4
inch of asbestos millboard and covered with metal of not less than
18 inches around the perimeter of the unit. If there is less than
18 inches of open space under the base of the unit, the unit shall
be mounted on two inches of concrete block, brick or other incombustible
material and equally covered with sheet metal of not less than No.
24 U.S. gauge. The above-specified floor protection shall not extend
less than 18 inches around the perimeter of the unit.
H.
Size and type of chimney. An approved chimney shall be used for solid-fuel-burning
equipment. All residential buildings shall be required to have a Class
"A" chimney, except as provided in Wis. Adm. Code § SPS
323.04 and 323.11. The chimney shall be sized so that the cross-sectional
area of the chimney is not smaller than the cross-sectional area of
the flue collar of the equipment to be connected to it. Other equipment
shall not be connected to the flue serving the solid-fuel-burning
equipment. Masonry chimney constructed according to the requirements
of Chapter 813 of the Federal Housing Administration Minimum Property
Standards FHA. Number 30 and factory-built chimneys bearing a listing
by a nationally recognized testing laboratory such as Underwriters
will be considered as approved.
I.
Chimney connector. The chimney connector shall conform to Chapter
813 of the Federal Housing Administration Minimum Standards.
J.
Damper. The chimney connector shall have a cast-iron damper to control
the draft.
K.
Combustion air. If the Inspector, after examination of the unit,
deems it necessary to add combustion air, the size of the opening
shall not be less than the cross-sectional area of the flue collar
size of the unit.
L.
Blower. A blower, where used, should have adequate protection such
as a screen to prevent material from being inserted into the assembly.
M.
Electrical connections. The electrical connections, control and wiring,
where used, should conform to Village Electrical Codes.
N.
Thermostat control. The thermostat controls, where used, shall activate
the blower motor at a temperature of 100° F. to 120° F.
O.
Reinspections. Heating units and chimneys shall be reinspected following
a chimney fire before renewed operation for compliance with this section.
A.
Basement subflooring. First-floor subflooring shall be completed
within 60 days after the basement is excavated.
B.
Fencing of excavations. The owner of any premises on which there
exists an opening or excavation which is located in close proximity
to a public sidewalk or street right-of-way as to constitute a hazard
to pedestrian or vehicular traffic shall erect a fence, wall or railing
at least four feet high between such opening or excavation and the
public right-of-way.
C.
Closing of abandoned excavations. Any excavation for building purposes
or any uncovered foundation which shall remain open for more than
two months shall be deemed abandoned and a nuisance and the Zoning
Administrator 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 make 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 Zoning Administrator shall cause the
excavation or foundation to be filled to grade. The cost of such abatement
shall be charged against the real estate and entered on the next succeeding
tax roll as a special charge and shall bear interest at a rate established
by the Village Board from the date of the report by the Zoning Administrator
on the cost thereof, pursuant to the provisions of § 66.0627,
Wis. Stats.
[Amended 1-4-2016 by Ord.
No. 1-2016; 8-3-2017 by Ord. No. 10-2017]
A.
Discharge. No person shall cause, allow or permit any roof drain,
surface drain, subsoil drain, drain from any mechanical device, gutter,
ditch, pipe, conduit, sump pump or any other object or thing used
for the 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.
B.
Nuisance. The discharge into a sanitary sewer from any roof drain,
surface drain, subsoil drain, drain from any mechanical device, gutter,
ditch, pipe, conduit, sump pump or any other object or thing used
for the 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 Village and to the protection
of the property.
C.
Groundwater. Where deemed necessary by the Building Inspector or
Village wastewater superintendent, every new 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, dry well or shall discharge onto
the ground surface in such other manner as will not constitute a nuisance
as defined herein.
[Amended 8-3-2017 by Ord.
No. 10-2017]
D.
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 stormwater shall be discharged either to a
storm sewer, a dry well, an underground conduit leading to a drainage
ditch or onto the ground surface in such other manner as will not
constitute a nuisance as defined herein.
E.
Storm sewer lateral. Where municipal storm sewers are provided and
it is deemed necessary by the property owner and/or the Village to
discharge clear waters from a parcel of land, a storm sewer lateral
shall be installed and connected to the storm sewer main at the expense
of the owner.
F.
Conducting tests. If the Building Inspector or Village wastewater
superintendent suspects an illegal clear water discharge as defined
by this chapter or by any other applicable provision of the Wisconsin
Administrative Code as it may, from time to time, be amended, he or
she may, upon reasonable notice and at reasonable times, enter the
private premises where such illegal clear water discharge is suspected
and conduct appropriate tests to determine whether such suspected
illegal clear water discharge actually exists.
[Amended 8-3-2017 by Ord.
No. 10-2017]
Each unit of a duplex shall have a separate water and sewer
services.
A.
General requirements.
(1)
No person shall move any building or structure upon any of the public
ways of the Village without first obtaining a permit therefor from
the Village Clerk-Treasurer and upon the payment of the required fee.
Every such permit issued by the Village Clerk-Treasurer for the moving
of a building shall designate the route to be taken, the conditions
to be complied with and shall limit the time during which said moving
operations shall be continued.
(2)
A report shall be made to the Superintendent of Streets and the Electric
Superintendent with regard to possible tree damage and electric line
moving. The actual cost of trimming, removal and replacement of public
trees shall be a condition of the permit. Actual costs to move power
lines and any other associated costs incurred by the Village as a
result of moving the building shall also be charged to the permit
holder.
[Amended 1-4-2016 by Ord.
No. 1-2016]
B.
Continuous movement. The movement of buildings shall be a continuous
operation during all the hours of the day and at night, until such
movement is fully completed. All such operations shall be performed
with the least possible obstruction to thoroughfares. No building
shall be allowed to remain overnight upon any street crossing or intersection
or so near thereto as to prevent easy access to any fire hydrant or
any other public facility. Lights shall be kept in conspicuous places
at each end of the building during the night.
C.
Street repair. Every person receiving a permit to move a building
shall, within one day after said building reaches its destination,
report that fact to the Village Zoning Administrator, who shall thereupon
in the company of the Superintendent of Streets, inspect the streets,
highways and curbs and gutters over which said building has been moved
and ascertain their condition. If the removal of said building has
caused any damage to any street or highway, the person to whom the
permit was issued shall forthwith place them in as good repair as
they were before the permit was granted. On the failure of the said
permittee to do so within 10 days thereafter to the satisfaction of
the Village Board, the Village shall repair the damage done to such
streets and hold the person obtaining such permit and the sureties
on his or her bond responsible for the payment of same.
[Amended 8-3-2017 by Ord.
No. 10-2017]
D.
Conformance with code. No permit shall be issued to move a building
within or into the Village and to establish it upon a location within
the said Village until the Village Zoning Administrator has made an
investigation of such building at the location from which it is to
be moved and is satisfied from such investigation that said building
is in a sound and stable condition and of such construction that it
will meet the requirements of this Building Code in all respects.
A complete plan of all further repairs, improvements and remodeling
with reference to such building shall be submitted to the Building
Inspector, and he or she shall make a finding of fact to the effect
that all such repairs, improvements and remodeling are in conformity
with the requirements of this Building Code and that, when the same
are completed, the building as such will so comply with said Building
Code. In the event a building is to be moved from the Village to some
point outside the boundaries thereof, the provisions with respect
to the furnishing of plans and specifications for proposed alterations
to such building may be disregarded.
[Amended 8-3-2017 by Ord.
No. 10-2017]
E.
Bond.
[Amended 1-4-2016 by Ord.
No. 1-2016; 8-3-2017 by Ord. No. 10-2017]
(1)
Before a permit is issued to move any building over any public way
in the Village, the party applying therefor shall give a bond to the
Village of Trempealeau in a sum to be fixed by the Village Zoning
Administrator and which shall not be less than $1,000,000 said bond
to be executed by a corporate surety or two personal sureties to be
approved by the Village Board or designated agent conditioned upon,
among other things, the indemnification to the Village for any costs
or expenses incurred by it in connection with any claims for damages
to any persons or property, and the payment of any judgment together
with the costs and expenses incurred by the Village in connection
therewith arising out of the removal of the building for which the
permit is issued.
(2)
Unless the Village Superintendent of Streets, upon investigation, shall find it to be a fact that the excavation exposed by the removal of such building from its foundation shall not be so close to a public thoroughfare as to permit the accidental falling therein of travelers or the location, nature and physical characteristics of the premises and the exposed excavation, such as to make intrusion upon the premises and the falling into such excavation of children under 12 years of age unlikely, the bond required by Subsection E(1) shall be further conditioned upon the permittee erecting adequate barriers and within 48 hours, filling in such excavation or adopting and employing such other means, devices or methods approved by the Village Superintendent of Streets and reasonably adopted or calculated to prevent the occurrences set forth herein.
F.
Insurance. The Village Zoning Administrator shall require, in addition
to said the said bond above indicated, public liability insurance
in a sum not less than $1,000,000 or such other coverage as deemed
necessary.
[Amended 1-4-2016 by Ord.
No. 1-2016; 8-3-2017 by Ord. No. 10-2017]
[Amended 10-3-1994; 8-3-2017 by Ord. No.
10-2017]
The fees for building permits under this chapter shall be established
by the Trempealeau County Board.
[Amended 1-4-2016 by Ord.
No. 1-2016]
Whenever any construction in an area previously platted and for which the fee required under § 512-16E, if applicable, has not been paid previously, if the construction will result in the creation of more than one dwelling unit, as that term is defined in § 520-135 of the Village of Trempealeau Code, on a platted lot, the person applying for the building permit shall pay, at the time of filing the building permit application and in addition to the fee established under § 205-15, a surcharge equal to the surcharge imposed under § 512-16E, Fee in lieu of dedication.
If any section, clause, provision or portion of this chapter,
or of the Wisconsin Administrative Code adopted by reference, is adjudged
unconstitutional or invalid by a court of competent jurisdiction,
the remaining provisions shall not be affected.
A.
Any building or structure hereafter erected, enlarged, altered or
repaired or any use hereafter established in violation of the provisions
of this chapter shall be deemed an unlawful building, structure or
use. The Zoning Administrator and the Village Superintendent of Streets
shall promptly report all such violations to the Village Board and
Village Attorney who shall bring an action to enjoin the erection,
enlargement, alteration, repair or moving of such building or structure
of the establishment of such use or to cause such building, structure
or use to be removed, and such violation may also be subject to a
penalty as provided in general penalty provisions 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 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.
[Amended 8-3-2017 by Ord.
No. 10-2017]
B.
Notice of violation.
(1)
If an inspection reveals a noncompliance with this chapter or the
Uniform Dwelling Code, the Building Inspector or other officer specified
herein 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.
[Amended 8-3-2017 by Ord.
No. 10-2017]
(2)
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 or other officer specified herein
after satisfactory evidence has been supplied that the cited violation
has been corrected.
[Amended 8-3-2017 by Ord.
No. 10-2017]
(3)
Each day each violation continues after the thirty-day written notice
period has run shall constitute a separate offense. Nothing in this
chapter shall preclude the Village from maintaining any appropriate
action to prevent or remove a violation of any provision of this chapter
or the Uniform Dwelling Code.
(4)
If any construction or work governed by the provisions of this chapter
or the Uniform Dwelling Code is commenced prior to the issuance of
a permit, double fees shall be charged.
C.
Any person feeling aggrieved by an order or a determination of the
Building Inspector or other officer specified herein and not under
the jurisdiction of the Trempealeau County Uniform Dwelling Code may
appeal from such order or determination to the Board of Appeals. Those
procedures customarily used to effectuate an appeal to the Board of
Appeals shall apply.
[Amended 8-3-2017 by Ord.
No. 10-2017]
D.
Except as may otherwise be provided by the statute or this chapter,
no officer, agent or employee of the Village of Trempealeau charged
with the enforcement of this chapter shall render himself personally
liable for any damage that may accrue to persons or property as a
result of any act required or permitted in the discharge of his duties
under this chapter. Any suit brought against any officer, agent or
employee of the Village as a result of any act required or permitted
in the discharge of his duties under this chapter shall be defended
by the legal representative of the Village until the final determination
of the proceedings therein.
