Unless the context clearly requires otherwise, when used in
this chapter the following terms shall have the meanings indicated:
A building located on agricultural property and used to shelter
farm implements, hay, grain, poultry, livestock or other farm produce,
in which there is no human habitation and which is not used by the
public.
Any change, addition or modification in construction or occupancy.
Refers to approval by the Building Inspector as the result
of investigation and tests conducted by him or by reason of accepted
principles or tests by national authorities or technical or scientific
organizations.
Any story situated wholly or partly in the roof, so designated,
arranged or built as to be used for business, storage or habitation.
A story partly or wholly underground.
Any form of construction for the shelter, support or enclosure
of persons, animals or chattels, having a roof supported by uprights
or walls, and separated from every other building by at least a party
wall, and when separated by division walls from the ground up, and
without opening, each portion of such building shall be deemed a separate
building.
A building stone manufactured from cement concrete precast
and used as a trim, veneer or facing on or in buildings or structures.
The weight of walls, permanent partitions, framing, floors,
roofs and all other permanent, stationary construction entering into
and becoming a part of the building.
Construction to resist the spread of fire.
The area included within surrounding walls of a building
(or portion thereof), exclusive of vent shafts and courts.
That portion of the foundation of a structure which spreads
and transmits loads directly to soil or piles.
A building or portion thereof in which a motor vehicle containing
gasoline, distillate or other volatile, flammable liquid in its tank
is stored, repaired or kept.
The average of the finished ground level at the center of
all walls of a building. In case walls are parallel to and within
five feet of a sidewalk, the aboveground level shall be measured at
the sidewalk.
Includes any material which will not ignite at or below a
temperature of 1,200° F. during an exposure of five minutes, and
which shall not continue to burn or glow at that temperature.
The beam or girder placed over an opening in a wall, which
supports the wall construction above.
Includes all loads except dead or lateral loads.
That form of construction composed of stone, brick, concrete,
gypsum, hollow clay tile, concrete block or tile, or other similar
building units or materials, or combination of these materials, laid
up unit by unit set in mortar.
The reconstruction or renewal of any part of an existing
building for the purpose of its maintenance. The word "repair" or
"repairs" shall not apply to any change of construction.
Two or more risers shall constitute a stairway.
That which is built or constructed, an edifice or building
of any kind, or any piece of work artificially built up or composed
of parts joined together in some definite manner.
A facing of brick, stone, concrete, tile, metal or similar
material attached to a wall for the purpose of providing ornamentation,
protection or insulation but not counted as adding strength to the
wall.
Includes:
BEARING WALLA wall which supports any load other than its own weight.
FACED WALLA wall in which the masonry facing and backing are so bonded as to exert a common action under load.
NONBEARING WALLA wall which supports no load other than its own weight.
PARAPET WALLThat part of any wall entirely above the roofline.
A.
This chapter shall apply to all new buildings and structures erected
within the City of Watertown and all buildings or structures moved
into or within the City.
B.
Additions, alterations, repairs and changes of use or occupancy in
all such buildings and structures shall comply with the provisions
for new buildings or structures.
C.
Where, in any specified case, different sections of this chapter
specify different materials, methods of construction or other requirements,
the most restrictive shall govern.
[Last amended by Ord. No.
12-07]
A.
The following
codes are adopted by reference and made a part hereof:
(3)
Uniform Dwelling Code, Chapters SPS 320 to 325, Wis. Adm. Code, and
all amendments thereafter. The Building Inspector and his delegated
representatives are hereby authorized and directed to administer and
enforce all of the provisions of the Uniform Dwelling Code, commencing
December 1, 1978.
(a)
The Uniform Dwelling Code, as adopted, shall apply to all additions
and alterations of existing one- and two-family dwellings.
(b)
When a conflict exists between the local Building Code and the
Uniform Dwelling Code, the Uniform Dwelling Code shall take precedence
over the local Building Code.
(c)
Construction of all detached garages with over 200 square feet
of floor area shall be governed by the Uniform Dwelling Code.
B.
A violation
of any provision of these codes shall constitute a violation of this
chapter.
All materials, methods of construction and devices designed
for use in buildings or structures covered by this chapter and not
specifically mentioned in or permitted by this chapter shall not be
so used until approved in writing by the Department of Safety and
Professional Services for use in buildings or structures covered by
the Wisconsin State Building Code, except sanitary appliances, which
shall be approved in accordance with the State Plumbing Code. Such
materials, methods of construction and devices, when approved, must
be installed or used in strict compliance with the manufacturer's
specifications and any rules or conditions of use established by the
Department of Safety and Professional Services. The data, tests and
other evidence necessary to prove the merits of such material, methods
of construction or devices shall be determined by the Department of
Safety and Professional Services.
[Amended by Ord. No. 91-31; Ord. No. 96-7; Ord. No. 01-44]
A.
Whenever the Building Inspector shall find upon written complaint
from any person or an oral complaint from any City employee that any
dwelling, building or structure, or part thereof, within the City,
in his judgment, is so old, dilapidated or so out-of-repair as to
be dangerous, unsafe, unsanitary or unfit for human habitation, occupancy
or use; or has been so damaged, destroyed or removed as to produce
blight or deterioration; or has been a subject of a cessation of normal
construction for a period of more than two years, he may order the
owner of the premises upon which dwelling, building or structure is
located to make it safe and sanitary by repair and restoration of
the same. If in the judgment of the Building Inspector it would be
unreasonable to repair the same, the Building Inspector may order
the owner to raze and remove such dwelling, building or structure,
or part thereof. Any order issued under this section shall be in the
form of a written notice informing the owner of such violation and
order, which such written notice shall be served upon the owner of
such building as set forth in § 66.0413(1)(d), Wis. Stats.,
and shall direct the owner of such dwelling, building or structure
to promptly comply with such order within 30 days following the service
of such notice.
B.
Whenever the Building Inspector shall find that an owner of any dwelling,
building or structure, or part thereof, in the City, has permitted
the same, either as a result of vandalism, neglect or for any other
reason, to deteriorate or become dilapidated or blighted to the extent
where windows, doors or other openings, exterior finishes, excluding
paint or siding, plumbing or heating fixtures or facilities, or other
appurtenances of such dwelling or building are either deteriorated,
damaged, destroyed or removed so that such building causes a threat
to public health and safety, or produces blight or deterioration by
reason of such condition, the Building Inspector shall issue a written
notice respecting the existence of such defect. Such written notice
shall be served upon the owner of such dwelling, building or structure
as set forth in § 66.0413(1)(d), Wis. Stats., and shall
direct the owner thereof to promptly remedy the defect within 30 days
following the service of such notice.
C.
An order from the Municipal Building Inspector shall specify the
time within which the owner of the building is required to comply
with the order and shall specify repairs, if any. If the owner fails
or refuses to comply within the time prescribed, the Building Inspector
or other designated officer may proceed to raze the building through
any available public agency or by contract or arrangement with private
persons, or to secure the building and, if necessary, the property
on which the building is located if unfit for human habitation, occupancy
or use. The cost of razing or securing the building may be charged
in full or in part against the real estate upon which the building
is located, and if that cost is so charged it is a lien upon the real
estate and may be assessed and collected as a special charge. Any
portion of the cost charged against the real estate that is not reimbursed
under § 632.103(2), Wis. Stats. from funds withheld from
an insurance settlement may be assessed and collected as a special
tax.[1]
D.
Appeals.
(1)
The owner of any dwelling, building or structure or any person affected by the notice or order of the Building Inspector provided under Subsection A or B above may appeal the action taken by the Building Inspector within 30 days of the date of service of the written notice and/or order to comply upon such owner or other person to the Circuit Court of the county in which said dwelling, building or structure is located, for an order restraining the Building Inspector from taking the action under Subsection A or B above as specified in the written notice or order to comply. Such appeal must be in writing, which must specify the grounds therefor and must address the contents of the written notice and/or order to comply. A copy of such written appeal shall be served upon the Building Inspector within 30 days of service of the written notice and order to comply upon the owner or other person.
(2)
The remedies provided in this section are exclusive remedies and
anyone affected by any such written notice or order to comply of the
Building Inspector shall not be entitled to recover any damages, as
provided in § 66.0413(1)(h) and (i), Wis. Stats.
E.
Any violation of this section or failure to comply with any duly
issued order under this section shall be enforced against the owner,
tenant or other interested party under the terms of this section.
(1)
A violation for failure to comply with any order issued hereunder may subject the owner of the premises, tenant of the premises or other interested party to the issuance of a citation pursuant to § 253-10 of this chapter.
(2)
In the alternative, and as an additional method of enforcement to that provided in Subsection E(1) above, without limiting any of the powers of the City to enforce this section, a violation of this section by an owner, tenant or other interested party may subject the party or parties to the relief afforded in § 66.0413, Wis. Stats., as from time to time amended, which said provision of the Wisconsin Statutes is hereby adopted by reference insofar as the same is applicable to the enforcement of this section.
(3)
If the public health or safety concern demands immediate action in
the judgment of the Building Inspector, Fire Inspector or Health Officer,
the Building Inspector shall enter upon the premises, with such assistance
as may be necessary, and cause the dwelling, building or structure
to be made safe or sanitary or to be removed, with the expense of
any such work to be recovered by the City in an action against the
owner or tenant and the costs thereof to be added as a special charge
upon the premises, as provided for in § 66.0413(1)(f), Wis.
Stats. The Fire Department and Public Health Department shall give
all reasonable assistance to the Building Inspector in the performance
of such tasks.[2]
A.
Houses. No person shall move a house or similar type of building
within the City without a permit therefor. A fee as set by the Common
Council and provided under separate fee schedule shall be paid for
each permit.
[Amended by Ord. No. 80-26[1]]
B.
Garages. No person shall move a garage or similar type building within
the City except upon permit therefor. A fee as set by the Common Council
and provided under separate fee schedule shall be paid for each such
permit.
[Amended by Ord. No. 80-26[2]]
C.
Bond. Before a permit to move any building is granted by the Building
Inspector, the party applying for such permit shall give a bond in
the amount of $1,000 with good and sufficient sureties, conditioned,
among other things, that such party will save and indemnify the City
against any judgment, costs and expenses which in any way accrue against
the City, and also to save the City harmless against all liabilities,
judgments, costs and expenses in consequence of the granting of such
permit.
D.
Conditions of permit. Every permit to move a building shall state
all conditions to be complied with, designate the route to be taken,
and limit the time for removal. The removal of a building shall be
continuous all the hours of the day, and at night if the Building
Inspector so orders, until completed, with the least possible obstruction
to traffic. No building shall be allowed to remain overnight upon
any street crossing or intersection or so near to any fire hydrant
as to prevent easy access thereto. Lighted lanterns shall be kept
at each end of the building during the night. The proper authority
shall be consulted regarding the moving of all wires, poles, etc.,
and the trimming or cutting of all trees; all costs incurred by the
above alterations shall be paid by the party requesting the permit,
and the permission in writing of the property authority, together
with a statement of the costs paid for such alterations, shall be
required before the issuance of the permit. Every person receiving
a permit to move a building shall, within one day after the building
reaches its destination, report that fact to the Building Inspector,
who shall thereupon inspect the streets over which the building has
been removed and ascertain their condition. If such removal has caused
any ascertainable damage, such damage shall be repaired within 10
days by the movers; failure to do so will result in the City repairing
such damage and holding the sureties on the bond given responsible
for the costs incurred and the payment of the same.
E.
The Police Department shall approve the time and the route to be
taken in moving buildings.
F.
The Building Inspector shall approve the condition of the structure
to be moved prior to moving and approve the site relocation in regard
to zoning and aesthetic considerations.
G.
An applicant denied a permit hereunder by the Building Inspector
may appeal such decision to the Plan Commission relative to zoning
and to the Zoning Board of Appeals relative to aesthetic considerations.
