A.
Title. These regulations shall be known as the "City of Watertown
Commercial Property Maintenance Code," hereinafter referred to as
"this chapter."
B.
Scope. The provisions of this chapter shall apply to all existing
nonresidential structures and residential portions of such structures
and constitute minimum requirements and standards for premises, structures,
equipment and facilities for light, ventilation, space, heating, sanitation,
protection from the elements, life safety, safety from fire and other
hazards, and for safe and sanitary maintenance; the responsibility
of owners, operators and occupants; the occupancy of existing structures
and premises; and for administration, enforcement and penalties.
C.
Intent. This chapter shall be construed to secure its expressed intent,
which is to ensure public health, safety and welfare insofar as they
are affected by the continued occupancy and maintenance of structures
and premises. Existing structures and premises that do not comply
with these provisions shall be altered or repaired to provide a minimum
level of health and safety as required herein.
A.
General. Where there is a conflict between a general requirement
and a specific requirement, the specific requirement shall govern.
Where differences occur between provisions of this chapter and the
referenced national standards, the provisions of this chapter shall
apply. Where, in a specific case, different sections of this chapter
specify different requirements, the most restrictive shall govern.
B.
Maintenance. Equipment, systems, devices and safeguards required
by this chapter or a previous regulation or code under which the structure
or premises was constructed, altered or repaired shall be maintained
in good working order. No owner, operator or occupant shall cause
any service, facility, equipment or utility which is required under
this chapter to be removed from or shut off from or discontinued for
any occupied dwelling, except for such temporary interruption as necessary
while repairs or alterations are in progress. The requirements of
this chapter are not intended to provide the basis for removal or
abrogation of fire protection and safety systems and devices in existing
structures. Except as otherwise specified herein, the owner or the
owner's designated agent shall be responsible for the maintenance
of buildings, structures and premises.
C.
Application of other codes. Repairs, additions or alterations to
a structure, or changes of occupancy, shall be done in accordance
with the procedures and provisions of the City of Watertown Housing
Code, International Building Code, International Fuel Gas Code, International
Mechanical Code and NFPA 70.
D.
Existing remedies. The provisions in this chapter shall not be construed
to abolish or impair existing remedies of the jurisdiction or its
officers or agencies relating to the removal or demolition of any
structure which is dangerous, unsafe and insanitary.
E.
Workmanship. Repairs, maintenance work, alterations or installations
which are caused directly or indirectly by the enforcement of this
chapter shall be executed and installed in a workmanlike manner and
installed in accordance with the manufacturer's installation instructions.
F.
Historic buildings. The provisions of this chapter shall not be mandatory
for existing buildings or structures designated as historic buildings
when such buildings or structures are judged by the code official
to be safe and in the public interest of health, safety and welfare.
G.
Referenced codes and standards. The codes and standards referenced in this chapter shall be those that are listed in § 424-45, as well as the City of Watertown Housing Code contained in Chapter 332, and considered part of the requirements of this chapter to the prescribed extent of each such reference. Where differences occur between provisions of this chapter and the referenced standards, the provisions of this chapter shall apply. Exception: Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing shall apply.
H.
Requirements not covered by code. Requirements necessary for the
strength, stability or proper operation of an existing fixture, structure
or equipment, or for the public safety, health and general welfare,
not specifically covered by this chapter, shall be determined by the
code official.
I.
Application of references. References to chapter or section numbers,
or to provisions not specifically identified by number, shall be construed
to refer to such chapter, section or provision of this chapter.
J.
Other laws. The provisions of this chapter shall not be deemed to
nullify any provisions of local, state or federal law.
A.
General. An official of the Department of Building, Safety and Zoning
of the City is appointed as the executive official in charge hereof
and shall be known as the "code official."
B.
Appointment. The code official shall be appointed by the Mayor of
the City, subject to approval by the Common Council.
C.
Deputies. In accordance with the prescribed procedures of the City
and with the concurrence of the Common Council, the code official
shall have the authority to appoint a deputy(s). Such employees shall
have powers as delegated by the code official.
D.
Liability. The code official charged with the enforcement of this
chapter, while acting for the City in good faith and without malice
in the discharge of the duties required by this chapter or other pertinent
law or ordinance, shall not thereby be rendered liable personally,
and is hereby relieved from all personal liability for any damage
accruing to persons or property as a result of an act or by reason
of an act or omission in the discharge of official duties. Any suit
instituted against any officer or employee because of an act performed
by that officer or employee in the lawful discharge of duties and
under the provisions of this chapter shall be defended by the legal
representative of the City until the final termination of the proceedings.
The code official or any subordinate shall not be liable for costs
or attorneys' fees in an action, suit or proceeding that is instituted
in pursuance of the provisions of this chapter.
A.
General. The code official is hereby authorized and directed to enforce
the provisions of this chapter. The code official shall have the authority
to render interpretations of this chapter and to adopt policies and
procedures in order to clarify the application of its provisions.
Such interpretations, policies and procedures shall be in compliance
with the intent and purpose of this chapter. Such policies and procedures
shall not have the effect of waiving requirements specifically provided
for in this chapter.
B.
Inspections. Whenever the code official believes or receives a complaint
of any person, shall make all of the required inspections or shall
accept reports of inspection by approved agencies or individuals.
All reports of such inspections shall be in writing and be certified
by a responsible officer of such approved agency or by the responsible
individual. The code official is authorized to engage such expert
opinion as deemed necessary to report upon unusual technical issues
that arise, subject to the approval of the Common Council.
[Amended 6-4-2019 by Ord. No. 19-9]
C.
Right of entry. Where it is necessary to make an inspection to enforce
the provisions of this chapter, or whenever the code official has
reasonable cause to believe that there exists in a structure or upon
a premises a condition in violation of this chapter, the code official
is authorized to enter the structure or premises at reasonable times
to inspect or perform the duties imposed by this chapter, provided
that, if such structure or premises is occupied, the code official
shall present credentials to the occupant and request entry. If such
structure or premises is unoccupied, the code official shall first
make a reasonable effort to locate the owner or other person having
charge or control of the structure or premises and request entry.
If entry is refused, the code official shall have recourse to the
remedies provided by law to secure entry.
D.
Identification. The code official shall carry proper identification
when inspecting structures or premises in the performance of duties
under this chapter.
E.
Notices and orders. The code official shall issue all necessary notices
or orders to ensure compliance with this chapter.
F.
Department records. The code official shall keep official records
of all business and activities of the Department specified in the
provisions of this chapter. Such records shall be retained in the
official records for the period required for retention of public records.
A.
Modifications. Whenever there are practical difficulties involved
in carrying out the provisions of this chapter, the code official
shall have the authority to grant modifications for individual cases
upon application of the owner or owner's representative, provided
the code official shall first find that special individual reason
makes the strict letter of this chapter impractical and the modification
is in compliance with the intent and purpose of this chapter and that
such modification does not lessen health, life and fire safety requirements.
The details of action granting modifications shall be recorded and
entered in the Department files.
B.
Alternative materials, methods and equipment. The provisions of this
chapter are not intended to prevent the installation of any material
or to prohibit any method of construction not specifically prescribed
by this chapter, provided that any such alternative has been approved.
An alternative material or method of construction shall be approved
where the code official finds that the proposed design is satisfactory
and complies with the intent of the provisions of this chapter, and
that the material, method or work offered is, for the purpose intended,
at least the equivalent of that prescribed in this chapter in quality,
strength, effectiveness, fire resistance, durability and safety.
C.
Required testing. Whenever there is insufficient evidence of compliance
with the provisions of this chapter, or evidence that a material or
method does not conform to the requirements of this chapter, or in
order to substantiate claims for alternative materials or methods,
the code official shall have the authority to require tests to be
made as evidence of compliance at no expense to the City.
(1)
Test methods. Test methods shall be as specified in this chapter
or by other recognized test standards. In the absence of recognized
and accepted test methods, the code official shall be permitted to
approve appropriate testing procedures performed by an approved agency.
(2)
Test reports. Reports of tests shall be retained by the code official
for the period required for retention of public records.
D.
Used material and equipment. The use of used materials which meet
the requirements of this chapter for new materials is permitted. Materials,
equipment and devices shall not be reused unless such elements are
in good repair or have been reconditioned and tested when necessary,
placed in good and proper working condition and approved by the code
official.
E.
Approved materials and equipment. Materials, equipment and devices
approved by the code official shall be constructed and installed in
accordance with such approval.
F.
Research reports. Supporting data, where necessary to assist in the
approval of materials or assemblies not specifically provided for
in this chapter, shall consist of valid research reports from approved
sources.
A.
Unlawful acts. It shall be unlawful for a person, firm or corporation
to be in conflict with or in violation of any of the provisions of
this chapter.
B.
Notice of violation. The code official shall serve a notice of violation or order in accordance with § 424-7.
C.
Prosecution of violation. Any person failing to comply with a notice of violation or order served in accordance with § 424-7 shall be deemed guilty of a civil violation and shall be subject to the issuance of a citation by the City, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this chapter or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate pursuant to Chapter 76, Article III, of the City's Code.
D.
Violations and penalties. Any person who shall violate a provision of this chapter or fail to comply therewith or with any of the requirements thereof shall be prosecuted within the limits provided by state or local laws. Each day that a violation continues after due notice has been served shall be deemed a separate offense. Penalties imposed shall be as authorized in § 1-4 of the City's Code.
E.
Abatement of violation. The imposition of the penalties herein prescribed
shall not preclude the City Attorney from instituting appropriate
action to restrain, correct or abate a violation, or to prevent illegal
occupancy of a building, structure or premises, or to stop an illegal
act, conduct, business or utilization of the building, structure or
premises.
A.
Notice to person responsible. Whenever the code official determines that there has been a violation of this chapter or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Subsections B and C to the person responsible for the violation as specified in this chapter. Notices for condemnation procedures shall also comply with § 424-8D.
B.
Form. Such notice prescribed in Subsection A shall be in accordance with all of the following:
(1)
Be in writing.
(2)
Include a description of the real estate sufficient for identification.
(3)
Include a statement of the violation or violations and why the notice
is being issued.
(4)
Include a correction order allowing a reasonable time to make the
repairs and improvements required to bring the structure into compliance
with the provisions of this chapter.
(5)
Inform the property owner of the right to appeal.
C.
Method of service. Such notice shall be deemed to be properly served
if a copy thereof is:
D.
Unauthorized tampering. Signs, tags or seals posted or affixed by
the code official shall not be mutilated, destroyed or tampered with,
or removed without authorization from the code official.
E.
Penalties. Penalties for noncompliance with orders and notices shall be as set forth in § 424-6D.
F.
Transfer of ownership. It shall be unlawful for the owner of any
structure who has received a compliance order or upon whom a notice
of violation has been served to sell, transfer, mortgage, lease or
otherwise dispose of such structure to another until the provisions
of the compliance order or notice of violation have been complied
with, or until such owner shall first furnish the grantee, transferee,
mortgagee or lessee a true copy of any compliance order or notice
of violation issued by the code official and shall furnish to the
code official a signed and notarized statement from the grantee, transferee,
mortgagee or lessee acknowledging the receipt of such compliance order
or notice of violation and fully accepting the responsibility without
condition for making the corrections or repairs required by such compliance
order or notice of violation.
[Amended 8-18-2015 by Ord. No. 15-27]
A.
General. This section is meant to prevent buildings or structures
in the City of Watertown from becoming dangerous and/or neglected
or remaining dangerous and derelict, as the terms may be defined in
this chapter; to prevent structures from becoming blighted; to mitigate
blighting impacts of such buildings; to provide for the regular inspection
of structures and buildings that are or are likely to become dangerous,
derelict or abandoned; and to impose fees to cover the cost of inspections
of those properties upon owners, operators, mortgagees, tenants or
lessees who have a legal or equitable interest in the property and
have a responsibility to maintain the property.
B.
Conditions. When upon and following inspections made as set forth in Subsection C of this section, any structure, building or premises is found to contain conditions as defined in the definitions in § 424-14 under "neglected," "dangerous structure," "abandoned structure," "derelict," "blighted" or "nuisance," it shall be declared to be in violation of this § 424-8, subject to fines and penalties as hereinafter stipulated.
C.
Inspection and registration.
(1)
Inspection. Whenever the code official believes or receives a complaint
that a building or structure is dangerous, abandoned, blighted or
derelict, the code official shall cause an inspection to be done to
determine if it complies with the Building Code, Electrical Code,
Plumbing Code and this chapter, and all other applicable local and
state codes.
(2)
Determination.
(a)
In the event the code official determines that a building or
structure is a dangerous, abandoned, blighted or derelict building,
notice of that determination shall be given to the building's or structure's
owner of record who is listed at the County's Land Information Department
by certified mail, who is hereafter required to register the building
within 15 calendar days of the code official's notification date.
(b)
Required information that the notice shall include:
[1]
The building's address and legal description of the property;
[2]
A specific and detailed statement listing all the items not
in compliance as to form the basis of the code official's determination;
(3)
Registration. Registration shall be completed on forms to be provided
by the City of Watertown Building, Safety and Zoning Division and
shall include the information relating to the location and ownership
of the building, the expected period of its vacancy, a plan for regular
maintenance during the period of vacancy and a plan for rehabilitation,
proposed occupancy and use or its demolition, which plans shall be
reviewed by and subject to approval of the Site Plan Review Committee.
(5)
Quarterly inspections. For buildings declared dangerous, abandoned, blighted or derelict, the code official shall conduct quarterly inspections to endeavor to bring the owner in compliance with applicable codes. Fees for dangerous, abandoned, blighted or derelict buildings shall be as set out in Subsection D.
(6)
Compliance. When all code violations have been corrected and a building
has been legally repaired or reoccupied and brought up to all code
standards, or when the building has been demolished and the lot cleared
in accordance with the provisions of this chapter, Building Code,
Electrical Code and Plumbing Code, it shall cease to be dangerous,
abandoned, blighted or derelict building.
D.
Inspection fees payable.
(1)
Fees; late payments. The owner of any dangerous, derelict, blighted or abandoned building so declared under Subsection C shall be placed on a register and subject to quarterly inspection to ensure compliance. A basic nonrefundable quarterly fee as set by the Common Council and provided under separate fee schedule shall be paid on each building under his or her ownership and control for as long as the structure is declared dangerous, derelict, blighted or abandoned, notwithstanding subsequent repairs which might be made, until the structure comes into full compliance. Owners of structures and/or buildings in excess of 10,000 square feet of floor space at ground level shall pay a higher nonrefundable quarterly fee as set by the Common Council and provided under separate fee schedule on each building under his or her or their ownership and control, for as long as the structure is declared dangerous, derelict, blighted or abandoned, notwithstanding any subsequent repairs which might be made, until the structure comes into full compliance.[2]
(a)
Inspections; penalties. Pursuant to the initial inspection made,
first payment of fees will be due 90 calendar days from the date of
the initial inspection, and subsequent inspections and payments shall
be due quarterly thereafter. In the event fees for quarterly inspections
are not paid within 15 calendar days from the date of the notice given
to make payment, the owner shall be assessed a penalty of $10 per
day until payment is made in full or until the code official determines
the property is in compliance with all applicable codes.; penalty
to start on the 16th calendar day following the date of the notice.
(2)
Transfer of ownership. The registration fee and inspection fees imposed
under the terms of this section are to be paid prior to any transfer,
purported or actual, of ownership interest in a structure, as well
as prior to the issuance of any permit required for the demolition,
alteration or repair of a structure subject to the terms of this chapter
and all applicable codes. Any present owner or person having a financial
interest in any structure or property upon which inspection fees and
penalties have been assessed, or continued inspections are required,
shall be required to notify in writing the prospective buyer or purchaser
of the inspections, inspection fees or penalties or other conditions
related to the inspection, repair or rehabilitation of the subject
property prior to the completion of a sale or the transfer of title
of the property, which are continued in nature and monitored by the
code official.
(a)
Exception. The owner(s) and purchaser(s) may elect to provide
a performance bond or irrevocable letter of credit, in favor of the
City, equal to the outstanding balance owed for the registration fee,
inspection fees and any penalties before the time of closing (transfer
of title).
(b)
Purpose. The purpose of the exception is to allow an owner to
transfer title as need for the purpose of rehabilitating the subject
property and bringing it into compliance with this chapter.
(c)
Plan. A plan of compliance shall be submitted to the code official
at least 10 days prior to the closing date. The plan shall include:
1) a detailed list of hazards and/or repairs to be corrected; 2) a
schedule for starting the repairs, projected completion date; and
3) signed contract with a properly licensed contractor. The plan must
be approved by the Site Plan Review Committee to qualify for the exception.
(d)
Use of funds. The owner(s), seller(s) and buyer(s) shall waive
any and all claims to the performance bond at the closing (transfer
of title). After completion of all of the work indicated in the plan
of compliance and approval by the Site Plan Review Committee and all
applicable code enforcement agencies, the performance bond will be
released and returned to the seller.
(e)
Default. If a purchaser fails to comply with the approved plan,
the code official is authorized to declare and collect the funds,
without notice to the purchaser, to be used as a payment for the fees
and penalties owed at the time of the transfer.
(f)
Limitations. The use of the "exception" is limited to one time
for each parcel unless otherwise approved by the code official. All
other provisions of this chapter shall apply.
(3)
Abeyance and waiver of fees and penalties. The code official shall
have authority to place in abeyance and/or waiver fees and penalties
imposed under this chapter and all applicable codes as follows.
(a)
The code official shall have authority to place fees and/or
penalties in abeyance if all of the following are met:
[1]
A plan and timetable for the repair, demolition and/or maintenance
of the structure has been submitted by the owner and approved by the
Site Plan Review Committee;
[2]
The property is being maintained so that it does not constitute
or become a nuisance;
[3]
The owner is acting in a timely fashion in adherence to any
plan approved by the Site Plan Review Committee.
(b)
The code official shall have authority to waive fees and/or
penalties if the following conditions have been met:
(4)
Unpaid fees on property. In addition to above fees and penalties, should the owner fail to pay accumulated inspection fees and penalties, the City shall affect a lien on the property to recover the fees and penalties. All uncollected costs for the current year shall be certified to the City Treasurer. The lien will be assessed as a special tax, the amount so certified at the time City taxes levied against properties on which the fees and penalties were assessed for the next succeeding year are collected. The fees and penalties for this section are declared to be a special tax assessment to be collected as general taxes levied by the City, pursuant to Chapter 76, Article III of the City's Code, and may be collected by any other legal remedies.
[Amended 7-5-2022 by Ord. No. 22-63]
E.
Vacate. If the structure is vacant and/or unfit for human habitation and occupancy and is not in danger of structural collapse, the code official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the code official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate, pursuant to Chapter 76, Article III of the City's Code, and may be collected by any other legal remedies.
(1)
Authority to disconnect service utilities. The code official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this Code and the referenced codes and standards set forth in §§ 424-2G and 424-45 in case of emergency, where necessary to eliminate an immediate hazard to life or property or when such utility connection has been made without approval. The code official shall notify the serving utility and, whenever possible, the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnection, the owner or occupant of the building structure or service system shall be notified in writing as soon as practical thereafter.
(2)
Notice. Whenever the code official has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with § 424-7C. If the notice pertains to equipment, it shall also be placed on the condemned equipment. The notice shall be in the form prescribed in § 424-7B.
(3)
Placarding. Upon failure of the owner or person responsible to comply
with the notice provisions within the time given, the code official
shall post on the premises or on defective equipment a placard bearing
the word "condemned" and a statement of the penalties provided for
occupying the premises, operating the equipment or removing the placard.
(a)
Placard removal. The code official shall remove the condemnation
placard whenever the defect or defects upon which the condemnation
and placarding action were based have been eliminated. Any person
who defaces or removes a condemnation placard without the approval
of the code official shall be subject to the penalties provided by
this Code.
(4)
Prohibited occupancy. Any occupied structure condemned and placarded
by the code official shall be vacated as ordered by the code official.
Any person who shall occupy a placarded premises or shall operate
placarded equipment, and any owner or any person responsible for the
premises who shall let anyone occupy a placarded premises or operate
placarded equipment shall be liable for the penalties provided by
this Code.
F.
Probation period and rehabilitation plan.
(1)
Preparation of rehabilitation plan. The code official is authorized
to permit probation periods alleviating or suspending payment of fees
and penalties by an owner who submits a rehabilitation plan, which
may be required to be prepared by a registered architect or engineer
experienced in preservation and rehabilitation of buildings and structures,
showing a proposed or scheduled date for completion. The plan is subject
to the review and approval by the Site Plan Review Committee.
(2)
Concurrence of Historic Preservation and Downtown Design Commission.
(a)
If the building or structures are within a historic district
designated by the City of Watertown, the rehabilitation plan must
also be approved and issued a certificate of appropriateness by the
Historic Preservation and Downtown Design Commission.
(3)
Suitability of plan. A suitable rehabilitation plan shall include,
where applicable:
(a)
Legal description of property.
(b)
Final set of plans as approved by the Fire Chief or his or her
designee.
(c)
Repair items may include, but are not limited to, the following
categories:
[1]
Storefront and show windows;
[2]
Windows other than show windows;
[3]
Building fronts, sides and rears, abutting or visible from streets,
public parking lots or other public places;
[4]
All signs and signage, including billboards and other outdoor
advertising, whether related or unrelated to the property;
[5]
Awnings and canopies;
[6]
Mechanical and electrical equipment on exterior walls;
[7]
Water systems, sewer systems, heating/cooling systems, electrical,
plumbing systems and fire protection systems;
[8]
Auxiliary structures, if any;
[9]
Demolition;
[10]
Rear and side yards and parking areas, if any;
[11]
Vacant lots;
[12]
Fencing;
[13]
Landscape and planting;
[14]
Roofs, gutters, downspouts;
[15]
Exitways and stairs;
[16]
Basements, excluding properties located within Mid America Mall;
[17]
Other.
(d)
Statement of approximate cost for rehabilitation work.
(e)
Estimated construction time.
(f)
Detailed statement of proposed use of property.
(4)
Progress. The subject property is subject to review as to progress
or continuing repairs at each three-month period after the rehabilitation
plan is approved and until completion; the owner shall be responsible
for submission of a progress report each three months to the code
official. If an owner is unable to show satisfactory progress at any
three-month interval, the code official is authorized to cancel or
discontinue the probation, and fees shall be reinstated.
(5)
Work permits required. After the rehabilitation plan is approved,
the owner shall be required to obtain necessary permits for construction,
excavation, demolition or other requirements for the Building, Safety
and Zoning Department and to notify the department when the project
is completed.
(6)
Final work and continuing inspections. At the end of the rehabilitation
work upon notice by owner an inspection will be made within 10 days
of notification, and additional inspections shall be conducted as
necessary to ensure property is in compliance, by the Building, Safety
and Zoning Department. If maintenance by owner is not complied with
in accordance with the inspection, the owner shall be notified in
writing of the noncompliance and given 30 days in which to either
bring the building or structure back into compliance or give acceptable
reason for noncompliance, at which time an additional period may be
given or final notification given that the probation period has ceased,
and fees are to be reinstated against the owner.
(7)
Emergencies during rehabilitation work. When 50% or more of a structure
suffers major damage by fire, act of God or other peril while rehabilitation
work is in progress, the structure must be repaired to meet the regular
rehabilitation and maintenance plan requirements or be demolished.
The affected owner shall present an additional plan of proposed reconstruction
or start demolition. The structure must at all times be fenced or
boarded, so as to safeguard the general public against the dangers
which may become eminent because of the damaged building or structure.
When demolition is requested and approved, the cost shall be borne
by the owner. No work, demolition, excavation, alteration or improvement
shall be undertaken prior to the approval of the plan and proper permits,
except where an emergency exists and the safety of the general public
is affected. If and when the emergency is designated or declared existing
by the code official, all other code sections shall take precedence,
in addition to this chapter, to alleviate the emergency.
A.
Imminent danger. When in the opinion of the code official there is
imminent danger of failure or collapse of a building or structure
which endangers life, or when any structure or part of a structure
has fallen and life is endangered by the occupation of the structure,
or when there is actual or potential danger to the building occupants
or those in the proximity of any structure because of explosives,
explosive fumes or vapors or the presence of toxic fumes, gases or
materials, or operation of defective or dangerous equipment, the code
official is hereby authorized and empowered to order and require the
occupants to vacate the premises forthwith. The code official shall
cause to be posted at each entrance to such structure a notice reading
as follows: "This Structure Is Unsafe and Its Occupancy Has Been Prohibited
by the Code Official." It shall be unlawful for any person to enter
such structure except for the purpose of securing the structure, making
the required repairs, removing the hazardous condition or of demolishing
the same.
B.
Temporary safeguards. Notwithstanding other provisions of this chapter,
whenever in the opinion of the code official there is imminent danger
due to an unsafe condition, the code official shall order the necessary
work to be done, including the boarding up of openings, to render
such structure temporarily safe, whether or not the legal procedure
herein described has been instituted, and shall cause such other action
to be taken as the code official deems necessary to meet such emergency.
C.
Closing streets. When necessary for public safety, the code official
shall temporarily close structures and close or order the City's Public
Works Department to close sidewalks, streets, public ways and places
adjacent to unsafe structures and prohibit the same from being utilized.
D.
Emergency repairs. For the purposes of this section, the code official
shall employ the necessary labor and materials to perform the required
work as expeditiously as possible.
E.
Costs of emergency repairs. The owners or occupants of the structure(s) shall pay all costs incurred in the performance of emergency work. The City Attorney shall institute appropriate action against the owner or occupants of the premises where the unsafe structure is or was located for the recovery of such costs in addition to the ability of the City to recover all such costs as a special charge against the premises, pursuant to Chapter 76, Article III of the City's Code.
F.
Hearing. Any person ordered to take emergency measures shall comply
with such order forthwith. Any affected person shall thereafter, upon
petition directed to the City's Public Safety and Welfare Committee
of the Common Council, be afforded a hearing as described in this
chapter.
[Amended 8-18-2015 by Ord. No. 15-28]
A.
General.
(1)
The code official shall order the owner of any premises upon which
is located any structure, which in the code official's judgment after
review is so deteriorated or dilapidated or has become so out of repair
as to be dangerous, unsafe, insanitary or otherwise unfit for human
habitation or occupancy, and such that it is unreasonable to repair
the structure, to demolish and remove such structure; or if such structure
is capable of being made safe by repairs, to repair and make safe
and sanitary or to board up and hold for future repair or to demolish
and remove, at the owner's option; or where there has been a cessation
of normal construction of any structure for a period of more than
two years, the code official shall order the owner to demolish and
remove such structure or board up until future repair. Boarding the
building up for future repair shall not extend beyond one year, unless
approved by the Building Inspector of the City. The code official
shall comply with § 66.0413, Wis. Stats., in proceeding
under this section.
(2)
This section of code shall also apply to any owner-initiated demolition.
B.
Permits.
(1)
No principal structure within the City of Watertown shall be demolished
without a permit from the City of Watertown Building, Safety and Zoning
Department. A snow fence or other approved barricade shall be provided
as soon as any portion of the structure is removed and shall remain
during demolition operations. After all demolition operations have
been completed, unless the owner produces and submits proof from a
state-approved architect or engineer certifying the existing foundation
is stable and usable, the foundation and floor slab shall be broken
up with all utilities being capped, sealed and appropriately marked.
The foundation shall then be filled at least one foot above adjacent
grade, the property raked clean, and all debris hauled away. If determined
by the Building Inspector, a site that remains idle for more than
30 days must be seeded (between April 15 and October 15) and/or appropriate
erosion control practices implemented. Demolition permits shall lapse
and be void unless work authorized thereby is commenced within six
months from the date thereof or completed within 30 days from the
date of commencement of the work. Any unfinished portion of work remaining
beyond the required 30 days must have special approval from the code
official or a penalty may be issued.
(2)
All debris must be hauled away at the end of each week for the work
that was done during that week. 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 demolished structure. If any demolition
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 demolition of a structure, 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 demolition operations.
The site must be returned to a dust-free surface within 30 days as
approved by the code official.
C.
Insurance and bonding.
(1)
Residential demolition projects. If the homeowner is completing the
demolition work without a contractor, proof of homeowner's insurance
is required. If a homeowner hires a contractor for the demolition
work, the contractor must submit the following:
(a)
Comprehensive liability insurance. An applicant for a permit
shall provide proof of comprehensive liability insurance in the amount
of $1,000,000 per occurrence and per person and $50,000 property damage.
(b)
Performance and payment bond. Any application for a permit to
engage in the demolition of structures within the boundaries of the
City shall be accompanied by a performance and payment bond, approved
by the City Attorney as to form, in the amount of the actual cost
of the permitted work including linear feet of any sidewalk, curb
and gutter, and resurfacing as applicable based on annual contract
prices for said items. Such bond shall guarantee that all work is
performed in accordance with this Code and other state and local laws,
rules and regulations, and hold the City harmless from any costs and
expenses arising from the permitted work and secure timely performance
of the work. The City may reasonably require a bond of a greater amount,
on a case-by-case basis, where deemed necessary to protect the City.
D.
Concurrence of Historic Preservation and Downtown Design Commission.
(1)
If the building or structures are within a historic district designated
by the City of Watertown, the demolition must also be approved and
issued a certificate of appropriateness by the Historic Preservation
and Downtown Design Commission.
(a)
No person shall demolish all or part of a landmark or improvement
on a landmark site unless the Historic Preservation and Downtown Design
Commission has approved such work. Unless the Commission has approved
the work, a demolition permit shall not be issued for such work.
(b)
When a person applies for a permit to demolish such property,
such application shall also be filed with the Historic Preservation
and Downtown Design Commission.
(c)
Upon the filing of an application, the Commission may refuse
to approve the work for up to 120 days from the date of filing, during
which time the Historic Preservation and Downtown Design Commission
and the applicant shall undertake serious continuing discussions to
try to find a method to save such property. During such time, the
applicant and the Historic Preservation and Downtown Design Commission
shall cooperate to try to avoid demolition of the property. At the
end of the 120 days, if no mutually agreeable method of saving the
property bearing a reasonable prospect of eventual success is underway,
or if no formal application for funds from any governmental unit or
nonprofit organization to preserve the property is pending, the demolition
permit may be issued without the approval of the Historic Preservation
and Downtown Design Commission.
F.
Failure to comply. If the owner of a premises fails to comply with a demolition order within the time prescribed, the code official shall cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate, pursuant to Chapter 76, Article III of the City's Code.
G.
Salvage materials. When any structure has been ordered demolished
and removed, the Common Council or other designated officer under
said contract or arrangement aforesaid shall have the right to sell
the salvage and valuable materials at the highest price obtainable.
The net proceeds of such sale, after deducting the expenses of such
demolition and removal, shall be promptly remitted with a report of
such sale or transaction, including the items of expense and the amounts
deducted, for the person who is entitled thereto, subject to any order
of a court. If such a surplus does not remain to be turned over, the
report shall so state.
A.
Application for appeal. Any person directly affected by a decision
of the code official or a notice or order issued under this chapter
other than a condemnation order shall have the right to appeal to
the Public Safety and Welfare Committee, provided that a written application
for appeal, on a form approved by the code official, is filed within
20 days after the day the decision, notice or order of the code official
was served. An application for appeal shall be based on a claim that
the true intent of this chapter or rules legally adopted thereunder
have been incorrectly interpreted, the provisions of this chapter
do not fully apply, or the requirements of this chapter are adequately
satisfied by other means.
B.
Notice of meeting. The Committee shall meet upon notice from the
Chairperson, within 20 days of the filing of an appeal.
C.
Open hearing. All hearings before the Committee shall be open to
the public. The appellant, the appellant's representative, the code
official and any person whose interests are affected shall be given
an opportunity to be heard. A quorum shall consist of a simple majority
of the entire membership of the Committee present at such hearing.
D.
Procedure. The Committee shall adopt and make available to the public
through the City Clerk procedures under which a hearing will be conducted.
The procedures shall not require compliance with strict rules of evidence
but shall mandate that only relevant information be received.
[Amended 7-5-2022 by Ord. No. 22-63]
E.
Postponed hearing. When the full Committee is not present to hear
an appeal, either the appellant or the appellant's representative
shall have the right to request a postponement of the hearing.
F.
Committee decision. The Committee shall affirm, modify or reverse
the decision of the code official only by a concurring vote of a majority
of the total number of appointed members present at such hearing.
G.
Records and copies. The decision of the Committee shall be recorded
in the minutes of the meeting at which the hearing occurred. Copies
of the minutes shall be furnished to the appellant and to the code
official.
H.
Administration. The code official shall take immediate action in
accordance with the decision of the Committee.
I.
Court review. Any person, whether or not a previous party of the
appeal, shall have the right to apply to the circuit court of the
appropriate county for a writ of certiorari to correct errors of law.
Filing of an application for certiorari review shall be made within
30 days of the date that the decision was issued by the Committee
and following the filing of the decision in the office of the code
official.
J.
Stays of enforcement. Appeals of notice and orders (other than imminent
danger notices) shall stay the enforcement of the notice and order
until the Committee decides the appeal.
A.
Authority. Whenever the code official finds any work regulated by
this chapter being performed in a manner contrary to the provisions
of this chapter or in a dangerous or unsafe manner, the code official
is authorized to issue a stop-work order.
B.
Issuance. A stop-work order shall be in writing and shall be given
to the owner of the property, to the owner's agent, or to the person
doing the work. Upon issuance of a stop-work order, the cited work
shall immediately cease. The stop-work order shall state the reason
for the order and the conditions under which the cited work is authorized
to resume.
C.
Emergencies. Where an emergency exists, the code official shall not
be required to give a written notice prior to stopping the work.
D.
Failure to comply. Any person who shall continue any work after having
been served with a stop-work order, except such work as that person
is directed to perform by the code official to remove a violation
or unsafe condition, shall be liable to a forfeiture of not less than
$100 or more than $2,000 for each day or portion thereof that said
person continues to violate the stop-work order.[1]
