There is hereby created the Department of Building Inspection, to which a Building Inspector shall be appointed as provided in Chapter 103 of this Code of Ordinances. The Building Inspector appointed by the City shall act as the head of the Department, and as the chief code enforcement officer for the Construction Standards Code.
The Building Inspector shall keep a record of all applications
for building permits in a book for such purpose and regularly number
each permit in the order of its issuance. He or she shall keep a record
showing the number, description and size of all buildings erected.
The Inspector shall keep in his or her office a proper record of all
transactions of the office and file a yearly report covering the same
with the Common Council. The yearly report shall cover the period
closing December 31 of each year and shall be filed on or before February
15 thereafter and shall show the total amount of fees earned and a
summary of the work of the office during such period.
A.
Power to make decisions. The Building Inspector may pass upon any
question arising under the provisions of this chapter relating to
buildings, subject to conditions contained herein.
B.
Authority to enter upon all premises. The Inspector may, at all reasonable
times in performance of his or her duties, enter upon any public or
private premises and make inspections thereof and require production
of the building permit for any building, permanent building equipment,
electrical, heating, ventilating, air conditioning or plumbing work.
C.
Revocation of permit. If the Building Inspector finds at any time
that the ordinances, laws, orders, plans or specifications are not
being complied with, he or she shall revoke the building permit, and
written notice of such action shall be posted at the site of the work.
When any such permit is revoked, no further work shall be done upon
such buildings until the permit is reinstated, excepting such work
as the Building Inspector shall by written order require to be done
as a condition precedent to the reissuance of the permit.
D.
Unsafe or unsightly buildings.
(1)
Order to comply and notice. Whenever the Building Inspector finds
that any building or structure, or any part thereof, is dangerous
to life or adjoining property by lack of maintenance, defective construction,
overloaded floors, decay, lack of guards against fire, general dilapidation
or other cause, he or she shall order the owner or tenant thereof
to cause the same to be made safe or to be removed, as in the judgment
of the Building Inspector may be necessary. The owner or tenant of
such building or structure shall thereupon immediately cause the same
to be made safe or to be removed, as ordered.
(2)
Inspector to remove if necessary. When the public safety requires
immediate action, the Building Inspector shall enter upon the premises
with such assistance as may be necessary and cause the building or
structure to be made safe or to be removed, and the expense of such
work may be recovered by the City in an action against the owner or
tenant.
A.
Permits required. No building, structure or accessory structure,
or any part thereof, shall hereafter be built, enlarged, altered or
demolished within the City, or permanent building equipment installed,
except as herein provided, unless a permit therefor shall first be
obtained by the owner or his or her agent from the Building Inspector.
The term "building" as used herein shall include any building or structure
and the permanent building equipment thereof and any enlargement,
alteration or demolishing of any building or structure or of permanent
building equipment therein, also any material in any old building
and the installation and equipment of underground tanks, vaults and
similar structures. "Permanent building equipment" includes any provisions
in buildings for either water, light, heat, power or ventilation service
therein.
B.
Building Inspector may waive a required permit. If in the opinion
of the Building Inspector a proposed alteration to any building or
equipment is insignificant, or the equipment or part is being replaced
through normal maintenance, the Building Inspector may waive the requirement
of a permit.
C.
Application for permit. Application for a building permit shall be
made in writing upon a blank form furnished by the Building Inspector
and shall state the name and address of the owner of the building
and the owner of the land upon which it is to be erected, and the
name and address of the architect or designer, and shall describe
the location of the building and the purpose for which it is to be
used, and shall contain such other information as the Building Inspector
may require. An application shall also be deemed incomplete if it
is not accompanied by an approved zoning permit, where required. With
such application there shall be submitted to the Building Inspector
a complete set of plans and specifications covering the proposed building,
alterations or improvements, including a dimensional plan of the tract
showing the location of any proposed building with respect to the
adjoining streets, alleys, lot lines and buildings. If approval of
plans submitted is required under Chs. SPS 361 to 366, Wis. Adm. Code,
one set of such plans shall bear the seal of inspection and approval
of the Wisconsin Department of Safety and Professional Services (DSPS)
and all pertinent correspondence at time of approval.[1]
D.
Building Inspector may waive the filing of plans. If in the opinion
of the Building Inspector the character of the structure and work
is sufficiently described in the application, he or she may waive
the filing of plans, provided approval is not required by DSPS as
required under Chs. SPS 361 to 366, Wis. Adm. Code, but the location
plan must be filed in any case.
E.
Issuance of permit. If the Building Inspector finds that the proposed
building will comply with all ordinances of the City and all laws
and lawful orders of the state, he or she shall officially approve
the same and shall issue a building permit therefor, which shall be
kept at the site of the proposed building. If adequate plans are presented
to the Building Inspector, he or she may at his or her discretion
issue a permit for part of the building before receiving the plans
and specifications for the entire building, but work on any building
shall not be commenced unless a permit or waiver of plans has been
issued.
F.
Issuing and posting of building permit card. With every permit issued,
the Building Inspector shall issue to the applicant a card properly
filled out. The applicant shall place such card in a conspicuous place
on the premises where the building is to be erected, the card to be
unobstructed from the public view and not more than 15 feet above
grade of the building.
G.
Work to be started within six months and finished within 24 months.
A building permit shall have lapsed and be void unless building operations
are commenced within six months from the date thereon and shall be
completed within one year of commencement of building operations unless
otherwise extended by the Building Inspector, to a maximum of 24 months.
Any exterior portion of a building project which is visible to the
public and is not completed within the allotted twenty-four-month
permit period shall constitute a public nuisance. It is unlawful for
a person to commence but fail to complete all repairs during the time
in which the building permit is valid.
A.
The Common Council shall establish a fee for processing building
permits and inspections. An applicant for a building permit shall
pay the required fee upon final submission of the application. An
application shall not be deemed complete until the required fee is
paid. A copy of the current fees established by the Common Council
shall be kept on file by the City Clerk.
B.
Inspections.
(1)
All fees for required inspections are included in the schedule of
fees above. The Inspector shall determine the number of required inspections,
based on the complexity of the project.
(2)
Fees for additional inspections or reinspections shall be assessed
as set by the Common Council in the City's Fee Schedule. All fees
for additional inspections or reinspections shall be paid prior to
approval of occupancy.[1]
(3)
Projects commenced without first securing necessary permits shall
be charged double fees.
C.
Renewal of permits. Any building permit may be renewed within 90
days after its expiration date in accordance with the procedures for
original issuance of such permit. The fee for reissuance of a building
permit shall be 50% of the original permit cost, and the period of
renewal shall be for the same length as the original permit from the
date of expiration of the original permit. Renewal shall be limited
to one time only.
A.
Inspection by Building Inspector. Buildings shall be inspected at
such times and in such manner as may be necessary to secure compliance
with the laws, ordinances, rules and orders applicable thereto. After
inspection, the Building Inspector may issue a certificate of compliance
or prescribe any changes necessary to such compliance, upon the making
of which changes the certificate may be issued.[1]
B.
Certificate of occupancy. Buildings shall have a final inspection
before occupancy, except as herein provided. If on final inspection
by the Building Inspector, the Electrical Inspector, the Plumbing
Inspector, the Heating, Ventilating and Air Conditioning (HVAC) Inspector,
no violation of this or any other ordinance, law or order is found,
the fact may be so certified to by the Building Inspector, who may
thereupon issue a certificate of occupancy. No building or part thereof
shall be occupied until such certificate has been issued, except with
the consent of the Building Inspector, nor shall any building be occupied
which conflicts with the conditions set forth in the certificate.
C.
Inspection warrants. If the Building Inspector is denied access to
inspect a property, he or she may request the City Attorney to seek
an inspection warrant pursuant to § 66.0119, Wis. Stats.
A.
Building to conform to code after major alteration or repair. The
following specified requirements in this section shall apply to existing
buildings which do not conform to the requirements of this chapter
for new buildings. If alterations or repairs are made to any existing
building, where deemed practical by the Building Inspector, the entire
building shall be made to conform to the requirements given herein
for new buildings.
B.
Changed use or occupancy. If the existing use or occupancy of any
existing building is changed to a use or occupancy which would not
be permitted in a similar building hereafter erected, the entire building
shall be made to conform to the requirements given for new buildings,
provided that the use or occupancy of only a portion or portions of
the buildings need to be made to comply with such requirements; and
provided, further, that the Building Inspector may approve any such
change in the use or occupancy of any existing building even though
such building is not made fully to conform to the requirement of this
chapter, if in his or her judgment such a change in the use or occupancy
of the existing building will not extend or increase any nonconformity
or hazard of the building.
C.
Alteration and repairs. Every alteration or repair to any structural
part or portion of any existing building shall, when deemed necessary
in the opinion of the Building Inspector, be made to conform to the
requirements of this chapter.
A.
Any person aggrieved by an order or ruling of the Building Inspector
may appeal such order to the Board of Appeals as provided in the City's
Zoning Code.
B.
At any time the Building Inspector determines that any person is proceeding in violation of any provision of this chapter relating to erection, alteration, addition, repair or maintenance of any building or structure or part thereof or any permit issued hereunder, the Building Inspector may issue an order directing that actions immediately cease and may suspend any permit issued to the owner of the property on which such noncompliance is discovered. Any person who fails to comply with an order of the Building Inspector issued under this subsection shall be subject to a penalty as provided in § 175-15.
This chapter shall not be construed as assuming any liability
on the part of the City for damages to anyone injured or for any property
destroyed by a defect in any building or equipment.
The findings of inspection are intended to report conditions
of apparent noncompliance with code standards that are readily apparent
at the time of inspection. The inspection does not involve a detailed
examination of the mechanical systems or the closed structural and
nonstructural elements of the building and/or premises. No guarantee
or warranty of the premises, operation, use or the durability of equipment
or materials not specifically cited herein is expressed or implied.
A.
Any person who violates any provision of this chapter is subject to a penalty as provided in § 1-4 of the Code.
B.
Any building or structure hereafter erected, enlarged, altered or
repaired or any use hereafter established in violation of the provisions
of this chapter shall be deemed an unlawful building, structure or
use. The Building Inspector or other authorized inspectors may 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 chapter or to cause such building, structure or use to be
removed, and such violation may also be subject to a penalty as provided
in the general penalty provisions of the 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 chapter may also be enforced
by injunctional order at the suit of the owner or owners of any real
estate within the jurisdiction of this chapter.
C.
Notice of noncompliance.
(1)
If an inspection reveals a noncompliance with this chapter 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 15 days after written notification
unless an extension of time is grated pursuant to § SPS
320.21(c), Wis. Adm. Code.
(2)
If after written notification the violation is not corrected within
15 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 fifteen-day written notice
period has run shall constitute a separate offense. Nothing in this
chapter shall preclude the City from maintaining any appropriate action
to prevent or remove a violation of any provision of this chapter
or the Uniform Dwelling Code.
(4)
If any construction or work governed by the provisions of this chapter
or the Uniform Dwelling Code is commenced prior to the issuance of
a permit, double fees shall be charged.
D.
Any person feeling aggrieved by an order or a determination of the
Building Inspector may appeal from such order or determination to
the Board of Appeals. Those procedures customarily used to effectuate
an appeal to the Board of Appeals shall apply.
E.
Except as may otherwise be provided by the statute or ordinance,
no officer, agent or employee of the City of Monona charged with the
enforcement of this chapter shall render himself or herself 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 or
her duties under this chapter. 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 or her duties under this chapter shall be
defended by the legal representative of the City until the final determination
of the proceedings therein.
