City of Glenwood, WI Article I Building Code

§ 184-1 Title, purpose and scope.

A. Title. This article shall be known as the "Building Code of the City of Glenwood City" and will be referred to in this article as "this code" or "this article."

B. Purpose. This article 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 buildings hereafter moved within or into the City shall conform to all the requirements of this article 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 article whenever it is used for dwelling, commercial or industrial purposes, unless it was being used for such purpose at the time this article was enacted. The provisions of this article supplement the laws of the State of Wisconsin pertaining to construction and use and the Zoning Code of the City and amendments thereto to the date this article was adopted and in no way supersede or nullify such laws and said Zoning Code.

§ 184-2 Building permits.

A. Permit required.

(1) General permit requirement. No building of any kind shall be moved within or into the City and no new building or structure, or any part thereof, shall hereafter be erected, or ground broken for the same, or enlarged, altered, moved, demolished, razed or used within the City, except as herein provided, until a permit therefor shall first have been obtained by the owner, or his authorized agent, from the Building Inspector. The Building Inspector may refer requests for building permits to the Common Council if, in his opinion, there is a need to resolve related issues, such as zoning status.

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

(a) Alterations. When any existing building or structure accommodates a legal occupancy and use but is of a substandard type of construction, then alterations which involve beams, girders, columns, bearing or other walls, room arrangement, heating and air-conditioning systems, light and ventilation, or changes in location of exit stairways or exits, or any or all of the above, may be made in order to bring such existing construction into conformity with the minimum requirements of this chapter applicable to such occupancy and use and given type of construction, when not in conflict with any other regulations.[1]

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

(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 or which do not affect room arrangement, light and ventilation, access to or efficiency of any exit stairways or exits, fire protection, or exterior aesthetic appearance and which do not increase a given occupancy or use shall be deemed minor repairs.

(c) When alterations not permitted. When any existing building or structure which, for any reason whatsoever, does not conform to the regulations of this article 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 article 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, upon the recommendation of the Assessor.

B. Application. Application for a building permit shall be made in writing upon a form furnished by the Building Inspector or his designee and shall state the name and address of the owner of the land and also the owner of the building, if different, the legal description of the land upon which the building is to be located, the name and address of the designer, the use to which said building is to be put and such other information as the Building Inspector may require.[2]

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

C. Minor repairs. The Building Inspector may authorize minor repairs or maintenance work on any structure or to heating, ventilation or air-conditioning systems installed therein which do not change the occupancy area, exterior aesthetic appearance, structural strength, fire protection, exits, light or ventilation of the building or structure without issuance of a building permit. Re-roofing shall be considered an exempt minor repair.[3]

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

D. Approval of plans.

(1) If the Building Inspector determines that the building will comply with ordinances and orders of the City, he may issue a building permit which shall state the use to which said building is to be put, which shall be kept and displayed at the site of the proposed building. After being approved, the plans and specifications shall not be altered in any respect which involves any of the above-mentioned ordinances, laws or orders, or which involves the safety of the building or the occupants, except with the written consent of the Building Inspector.

(2) In case adequate plans are presented for part of the building only, the Building Inspector, at his discretion, may issue a permit for that part of the building before receiving the plans and specifications for the entire building.

E. 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 two years from the date of issuance thereof.[4]

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

F. Revocation of permits.

(1) The Building Inspector may revoke any building permit issued under the regulations of this article and may stop construction or use of approved new materials, equipment, methods of construction, devices or appliances for any of the following reasons:

(a) Whenever the Building Inspector shall find at any time that applicable ordinances, laws, orders, plans and specifications are not being complied with and that the holder of the permit refused to conform after written warning or instruction has been issued to him.[5]

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

(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, 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 specification 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 occupancy permit given by the Building Inspector for the use of all new materials, equipment, methods of construction, devices or appliances.[6]

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

(2) The notice revoking a building permit shall be in writing and may be served upon the applicant for the permit, owner of the premises and his agent, if any, and on the person having charge of construction.

(3) A revocation placard shall also be posted upon the building, structure, and equipment of the premises in question by the Building Inspector.

(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 article, shall be procured and fees paid therefor, and thereafter the resumption of any construction or operation shall be in compliance with the regulations of this article. However, such work as the Building Inspector may order as a condition precedent to the reissuance of the building permit may be performed, or such work as he may require for the preservation of life and safety.

G. Display of permit. Building permits shall be displayed in a conspicuous place on the premises where the authorized building or work is in progress at all times during construction or work thereon.

§ 184-3 State Uniform Dwelling Code adopted.

A. State code adopted. The Administrative Code provisions describing and defining regulations with respect to one- and two-family dwellings in Chapters SPS 320 through SPS 325 of the Wisconsin Administrative Code are hereby adopted and by reference made a part of this article as if fully set forth herein. Any act required to be performed or prohibited by an Administrative Code provision incorporated herein by reference is required or prohibited by this article. Any future amendments, revisions or modifications of the Administrative Code provisions incorporated herein are intended to be made part of this article to secure uniform statewide regulation of one- and two-family dwellings in the City. A copy of these Administrative Code provisions and any future amendments shall be kept on file in the City Clerk-Treasurer's office.

B. Existing buildings.

(1) The Wisconsin Uniform Dwelling Code shall also apply to buildings and conditions where:

(a) An existing building is to be occupied as a one- or two-family dwelling, which building was not previously so occupied.

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

(2) Additions and alterations, regardless of cost, made to an existing building, when deemed necessary in the opinion of the Building Inspector, shall comply with the requirements of this article for new buildings. The provisions of § 184-2 shall also apply.

(3) Roof coverings. Whenever more than 25% of the roof covering of a building is replaced in any twelve-month period, all roof covering shall be in conformity with applicable sections of this article.

(4) Additions and alterations. Any addition or alteration, regardless of cost, made to a building shall be made in conformity with applicable sections of this article.

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

ADDITION

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

ALTERATION

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

DEPARTMENT

The Department of Safety and Professional Services.

DWELLING

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

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

MINOR REPAIR

Repair performed for maintenance or replacement purposes on any existing one- or two-family dwelling which does not affect room arrangement, light and ventilation, access to or efficiency of any exit stairways or exits, fire protection or exterior aesthetic appearance and which does not increase a given occupancy and use. No building permit is required for work to be performed which is deemed minor repair.

ONE- OR TWO-FAMILY DWELLING

A building structure which contains one or separate households intended to be used as a home, residence or sleeping place by an individual or by two or more individuals maintaining a common household to the exclusion of all others.

PERSON

An individual, partnership, firm or corporation.

UNIFORM DWELLING CODE

Those Administrative Code provisions and any future amendments, revisions or modifications thereto contained in the following chapters of the Wisconsin Administrative Code:

(1) Chapter SPS 320, Administration and Enforcement.

(2) Chapter SPS 321, Construction Standards.

(3) Chapter SPS 322, Energy Conservation.

(4) Chapter SPS 323, Heating, Ventilating and Air Conditioning.

(5) Chapter SPS 324, Electrical Standards.

(6) Chapter SPS 325, Plumbing.

D. Method of enforcement.

(1) Building Inspector. There is hereby created the position of Building Inspector, who shall administer and enforce this article and shall be certified by the Department of Safety and Professional Services, as specified by § 101.66(2), Wis. Stats., in the category of Uniform Dwelling Code Construction Inspector. Additionally, this or other assistant inspectors shall possess the certification categories of UDC HVAC, UDC Electrical, and UDC Plumbing. [Note: Contact the Department of Safety and Professional Services at [phone] for certification information.][1]

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

(2) Inspection powers. An authorized inspection official of the City may at all reasonable hours enter upon any public or private premises for inspection purposes and may require the production of the permit for any building, plumbing, electrical or heating work. No person shall interfere with or refuse to permit access to any such premises to such inspector while in performance of his duties.

§ 184-4 Construction standards; codes adopted.

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

B. State Plumbing Code adopted. The provisions and regulations of Ch. 145, Wis. Stats., and Chapters SPS 381 to SPS 387 of the Wisconsin Administrative Code are hereby made a part of this article by reference and shall extend over and govern the installation of all plumbing installed, altered or repaired in the City. Any further amendments, revisions and modifications of said Wisconsin Statutes and Administrative Code incorporated herein are intended to be made part of this article.[1]

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

C. State Electrical Code adopted. Subject to the exceptions set forth in this article, 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 article and shall apply to all buildings, except those covered in § 184-3 above.[2]

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

D. Conflicts. If, in the opinion of the Building Inspector and the Common Council, the provisions of the State Building Code adopted by Subsection A of this section shall conflict with the provisions of the Federal Housing Administration standards in their application to any proposed building or structure, the Building Inspector and/or the City shall apply the most stringent provisions in determining whether or not the proposed building meets the requirements of this article.

§ 184-5 New methods and materials.

A. All materials, methods of construction and devices designed for use in buildings or structures covered by this article and not specifically mentioned in or permitted by this article 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, tests 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.

§ 184-6 Unsafe buildings.

Whenever the Common Council finds any building or part thereof within the City to be, in its judgment, so old, dilapidated or out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human occupancy or use and so that it would be unreasonable to repair the same, it 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.

§ 184-7 Razing buildings.

A. No building within the City of Glenwood City shall be razed without a permit from the Building Inspector. A snow fence or other approved barricade shall be provided as soon as any portion of the building is removed and shall remain during razing operations. After all razing operations have been completed, the foundation shall be filled at least one foot above the adjacent grade, the property raked clean, and all debris hauled away. Razing permits shall lapse and be void unless the work authorized thereby is commenced within six months from the date thereof or completed within 30 days from the date of commencement of said work. Any unfinished portion of work remaining beyond the required 30 days must have special approval from the Building Inspector.

B. All debris must be hauled away at the end of each day for the work that was done on that day. Combustible material shall not be used for backfill but shall be hauled away. There shall not be any burning of materials on the site of the razed building. If any razing or removal operation under this section results in, or would likely result in, an excessive amount of dust particles in the air creating a nuisance in the vicinity thereof, the permittee shall take all necessary steps, by use of water spraying or other appropriate means, to eliminate such nuisance. The permittee shall take all necessary steps, prior to the razing of a building, through the employment of a qualified person in the field of pest control or by other appropriate means, to treat the building as to prevent the spread and migration of rodents and insects therefrom during and after the razing operations.

§ 184-8 Basements; excavations.

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 three months shall be deemed abandoned and a nuisance and the Building Inspector shall order that unless the erection of the building or structure on the excavation or foundation shall commence or continue forthwith suitable safeguards shall be provided to prevent accidental injury to children or other frequenters or that the excavation or foundation be filled to grade. Such order shall be served upon the owner of record or the owner's agent, where an agent is in charge of the premises, and upon the holder of an encumbrance of record in the manner provided for service of a summons in the Circuit Court. If the owner or the holder of an encumbrance of record cannot be found, the order may be served by posting it on the premises and publication in the official newspaper for two consecutive publications at least 10 days before the time for compliance stated in the order commences to run. Such time shall be not less than 14 nor more than 20 days after service. If the owner of the land fails to comply with the order within the time required, the Building Inspector shall cause the excavation or foundation to be filled to grade. The cost of such abatement shall be charged against the real estate and entered on the next succeeding tax roll as a special charge and shall bear interest at a rate established by the Common Council from the date of the report by the Building Inspector on the cost thereof, pursuant to the provisions of § 66.0627, Wis. Stats.[1]

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

§ 184-9 Moving buildings.

A. General requirements.

(1) No person shall move any building or structure upon any of the public ways of the City without first obtaining a permit therefor from the Building Inspector and upon the payment of the required fee. Every such permit issued by the Building Inspector for the moving of a building shall designate the route to be taken and 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 by City employees with regard to possible damage to trees. The estimated cost of trimming, removal and replacement of public trees, as determined by the City, shall be paid to the City Clerk-Treasurer prior to the issuance of the moving permit.

(3) Issuance of the moving permit shall further be conditioned on approval of the moving route by the Common Council.

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 Building Inspector, who shall 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 the street or highway in as good repair as it was before the permit was granted. On the failure of said permittee to do so within 10 days thereafter to the satisfaction of the Common Council, the City shall repair the damage done to such streets and hold the person obtaining such permit and the sureties on his bond responsible for the payment of the same.[1]

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

D. Conformance with code. No permit shall be issued to move a building within or into the City and to establish it upon a location within said City until the Building Inspector 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 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 City 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.

E. Bond.

(1) Before a permit is issued to move any building over any public way in the City, the party applying therefor shall give a bond to the City of Glenwood City in a sum to be fixed by the Building Inspector and which shall not be less than $1,000, said bond to be executed by a corporate surety or two personal sureties to be approved by the Common Council or designated agent, conditioned upon, among other things, the indemnification of the City 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 City in connection therewith arising out of the removal of the building for which the permit is issued.

(2) Unless the Building Inspector, 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, filing in such excavation or adopting and employing such other means, devices or methods approved by the Building Inspector and reasonably adopted or calculated to prevent the occurrences set forth herein.

F. Insurance. The Building Inspector shall require, in addition to said bond above indicated, public liability insurance covering injury to one person in the sum of not less than $100,000 and for one accident in a sum not less than $200,000, together with property damage insurance in a sum not less than $50,000, or such other coverage as deemed necessary.

§ 184-10 Building permit fees; state approval of plans; issuance of permit. [1]

A. Fee schedule. Building permit fees are established from time to time by the Common Council. The current fee schedule is on file at the office of the City Clerk-Treasurer.

B. Buildings covered by State Building Code.

(1) Approval of plans. Before permits are issued for any building other than one- or two-family dwellings, complete plans and specifications, including plot plan with position of building in relation to lot lines, must be approved by the Wisconsin Department of Safety and Professional Services, and said approved documents with all correspondence must be filed with the Building Inspector, unless it falls under § SPS 361.30, Wis. Adm. Code.

(2) Inspection. The Building Inspector shall have authority to inspect and order conformance of any building with said state-approved plans and specifications.

(3) Buildings constructed prior to 1914. Chapters SPS 375 through SPS 379 of the Wisconsin Administrative Code are hereby adopted and incorporated herein as if fully set forth.

C. Issuance of building permit.

(1) When to be issued. If the applications, plans and specifications are in conformity with the requirements of this article and all other laws or ordinances applicable thereto, the Building Inspector or his authorized agent shall, upon receipt of the required fee, grant a building permit for said work and shall sign, date and endorse in writing or by rubber stamp both sets of plans and specifications as "approved."

(2) Plans and specifications. One such approved set of plans and specifications shall be retained by the Building Inspector and one such approved set of plans and specifications shall be returned to the applicant, which set shall be kept at the site of such work at all times until the work authorized thereby is completed and shall be available for inspection by any public official. Such approved plans and specifications shall not be changed, modified or altered without written permission from the Building Inspector or his authorized agent.

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

§ 184-11 Severability.

If any section, clause, provision or portion of this article 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.

§ 184-12 Violations and penalties.

A. Any building or structure hereafter erected, enlarged, altered or repaired or any use hereafter established in violation of the provisions of this article shall be deemed an unlawful building, structure or use. The Building Inspector shall promptly report all such violations to the Common Council and City Attorney who shall bring an action to enjoin the erection, enlargement, alteration, repair or moving of such building or structure or the establishment of such use of buildings in violation of this article or to cause such building, structure or use to be removed, and such violation may also be subject to a penalty as provided in § 1-4 of this Code. In any such action the fact that a permit was issued shall not constitute a defense, nor shall any error, oversight or dereliction of duty on the part of the Building Inspector or other City officials constitute a defense. Compliance with the provisions of this article may also be enforced by injunctional order at the suit of the owner or owners of any real estate within the jurisdiction of this article.[1]

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

B. Notice of violation.

(1) If an inspection reveals a noncompliance with this article or the Uniform Dwelling Code, the Building Inspector shall notify the applicant and the owner, in writing, of the violation to be corrected. All cited violations shall be corrected within 30 days after written notification unless an extension of time is granted pursuant to § SPS 320.21(3), Wis. Adm. Code.

(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 after satisfactory evidence has been supplied that the cited violation has been corrected.

(3) Each day each violation continues after the thirty-day written notice period has run shall constitute a separate offense. Nothing in this article shall preclude the City from maintaining any appropriate action to prevent or remove a violation of any provision of this article or the Uniform Dwelling Code.

(4) If any construction or work governed by the provisions of this article 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 may appeal from such order or determination to the Zoning Board of Appeals. Those procedures customarily used to effectuate an appeal to the Zoning Board of Appeals shall apply.

D. Except as may otherwise be provided by statute or ordinance, no officer, agent or employee of the City of Glenwood City charged with the enforcement of this article 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 article. Any suit brought against any officer, agent or employee of the City as a result of any act required or permitted in the discharge of his duties under this article shall be defended by the legal representative of the City until the final determination of the proceedings therein.