Village of Mishicot, WI Building Construction

General permit requirement. No building of any kind shall be moved within or into the Village and no new building or structure, or any part thereof, shall hereafter be erected, or ground broken for the same, or enlarged, altered, moved, demolished, razed or used within the Village, except as herein provided, until a permit therefor shall first have been obtained by the owner or his or her authorized agent from the Village Clerk-Treasurer.

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

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.

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.

Alterations not permitted. When any existing building or structure which, for any reason whatsoever, does not conform to the regulations of this chapter has deteriorated from any cause whatsoever to an extent greater than 50% of the equalized value of the building or structure, no alterations or moving of such building or structure shall be permitted. Any such building or structure shall be considered a menace to public safety and welfare and shall be ordered vacated and thereafter demolished and debris removed from the premises.

Alterations and repairs required. When any of the structural members of any building or structure have deteriorated from any cause whatsoever to less than their required strength, the owner of such a building or structure shall cause such structural members to be restored to their required strength, failing in which the building or structure shall be considered a menace to public safety and shall be vacated and thereafter no further occupancy or use of the same shall be permitted until the regulations of this chapter are complied with.

(e)

Extent of deterioration. The amount and extent of deterioration of any existing building or structure shall be determined by the Building Inspector.

(f)

Waiver. In the event that the terms and conditions of this section cause an undue hardship for the property owner, a request for a temporary waiver of these requirements may be submitted to the Village Board.

Application. Application for a building permit shall be made, in writing, upon a form furnished by the Village Clerk-Treasurer 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 contractor, the use to which said building is to be put and such other information as the Clerk-Treasurer may require.

Site plan approval.

Site plan approval required. All applications for building permits for any construction, reconstruction, expansion or conversion, except for one- and two-family dwellings in residentially zoned districts, shall require site plan approval by the Plan Commission in accordance with the requirements of this section. The applicant shall submit a site plan and sufficient plans and specifications of proposed buildings, machinery and operations to enable the Plan Commission or its expert consultants to determine whether the proposed application meets all the requirements applicable thereto in this chapter.

Administration. The Clerk-Treasurer shall make a preliminary review of the application and plans and refer them along with a report of his or her findings to the Plan Commission. The Plan Commission shall review the application and may refer the application and plans to one or more expert consultants selected by the Plan Commission to advise whether the application and plans meet all the requirements applicable thereto in this chapter. Within 30 days of its receipt of the application, the Plan Commission shall authorize the Clerk-Treasurer to issue or refuse a building permit.

Requirements. In acting on any site plan, the Plan Commission shall consider the following:

The appropriateness of the site plan and buildings in relation to the physical character of the site and the usage of adjoining land areas.

The layout of the site with regard to entrances and exits to public streets; the arrangement and improvement of interior roadways; and the location, adequacy and improvement of areas for parking and for loading and unloading, and shall, in this connection, satisfy itself that the traffic pattern generated by the proposed construction or use shall be developed in a manner consistent with the safety of residents and the community, and the applicant shall so design the construction or use as to minimize any traffic hazard created thereby.

The adequacy of the proposed water supply, drainage facilities and sanitary and waste disposal.

The landscaping and appearance of the completed site. The Plan Commission may require that those portions of all front, rear and side yards not used for off-street parking be attractively planted with trees, shrubs, plants or grass lawns and that the site be effectively screened so as not to impair the value of adjacent properties or impair the intent or purposes of this section.

Effect on municipal services. Before granting any site plan approval, the Plan Commission may, besides obtaining advice from consultants, secure such advice as may be deemed necessary from the Building Inspector or other municipal officials, with special attention to the effect of such approval upon existing municipal services and utilities. Should additional facilities be needed, the Plan Commission shall not issue the final approval until the Village has entered into an agreement with the applicant regarding the development of such facilities.

(5)

Appeals. Denials of building permits contingent upon site plan approval may be appealed to the Board of Appeals by filing a notice of appeal with the Village Clerk-Treasurer within 10 days of the denial.

Dedicated street and approved subdivision required. No building permit shall be issued for the construction of any residential building until sewer, water, grading and graveling are installed in the streets necessary to service the property for which the permit is required.

Utilities required.

Nonresidential building. No building permit shall be issued for the construction of any building other than residential until contracts have been let for the installation of sewer, water, grading and graveling in the streets necessary to service the property for which the permit is requested.

Occupancy. No person shall occupy any building until sewer, water, grading and graveling are installed in the streets necessary to service the property, and approval shall not be issued until such utilities are servicing the property.

Plans. With such application, there shall be submitted two complete sets of plans and specifications, including a plot plan showing the location and dimensions of all buildings and improvements on the lot, both existing and proposed, dimensions of the lot, dimensions showing all setbacks of all buildings on the lot, proposed grade of proposed structure (to Village datum), grade of lot and of the street abutting lot, grade and setback of adjacent buildings (if adjacent lot is vacant, submit elevation of nearest buildings on same side of street), type of monuments at each corner of the lot, watercourses or existing drainage ditches, easements or other restrictions affecting such property, seal and signature of surveyor or a certificate signed by the applicant and a construction erosion control plan setting forth proposed information and procedures needed for control of soil erosion, surface water runoff and sediment disposition at the building site. Plans, specifications and plot plans shall be drawn to a minimum scale of 1/4 inch to one foot (fireplace details to 3/4 inch to one foot). One set of plans shall be returned after approval as provided in this chapter. The second set shall be filed in the office of the Village Clerk-Treasurer. Plans for buildings involving the State Building Code shall bear the stamp of approval of the State Department of Safety and Professional Services. Two plans shall be submitted, one of which shall remain on file in the office of the Village Clerk-Treasurer. All plans and specifications shall be signed by the contractor. Plans for all new one- and two-family dwellings shall comply with the provisions of § SPS 320.09(4), Wis. Adm. Code. Commercial buildings under 25,000 cubic feet may not require a state stamp of approval but shall comply with Wisconsin Commercial Building Code requirements.

Waiver of plans; minor repairs.

Waiver. If the Village Clerk-Treasurer finds that the character of the work is sufficiently described in the application, he or she may waive the filing of plans for alterations, repairs or moving, provided the cost of such work does not exceed $5,000.

Minor repairs. The Building Inspector may authorize minor repairs or maintenance work on any structure or to heating, ventilating or air-conditioning systems installed therein valued at less than $5,000, as determined by the Building Inspector, which do not change the occupancy area, exterior aesthetic appearance, structural strength, structural components, fire protection, exits, light or ventilation of the building or structure without issuance of a building permit.

Approval of plans.

If the Building Inspector determines that the building will comply in every respect with all ordinances and orders of the Village and all applicable laws and orders of the State of Wisconsin, he or she shall instruct the Village Clerk-Treasurer to 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.

In case adequate plans are presented for part of the building only, the Building Inspector, at his or her discretion, may instruct the Clerk-Treasurer to issue a permit for that part of the building before receiving the plans and specifications for the entire building.

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 12 months from the date of issuance thereof.

Revocation of permits.

The Building Inspector or the Village Board may revoke any building, HVAC, plumbing or electrical permit or approval issued under the regulations of this chapter and may stop construction or use of approved new materials, equipment, methods of construction, devices or appliances for any of the following reasons:

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 had been issued to him or her.

Whenever the continuance of any construction becomes dangerous to life or property.

Whenever there is any violation of any condition or provision of the application for permit or of the permit.

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 specifications or certified lot or plot plan on which the issuance of the permit or approval was based.

(f)

Whenever there is a violation of any of the conditions of an approval given by the Building Inspector for the use of any new materials, equipment, methods of construction, devices or appliances.

The notice revoking a building, HVAC, plumbing or electrical permit or approval shall be in writing and may be served upon the applicant for the permit, the owner of the premises and his or her agent, if any, and on the person having charge of construction.

A revocation placard shall also be posted upon the building, structure, equipment or premises in question by the Building Inspector.

After the notice is served upon the persons as aforesaid and posted, it shall be unlawful for any person to proceed thereafter with any construction operation whatsoever on the premises, and the permit which has been so revoked shall be null and void, and before any construction or operation is again resumed, a new permit, as required by this chapter, shall be procured and fees paid therefor, and thereafter the resumption of any construction or operation shall be in compliance with the regulations of this chapter. 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 or she may require for the preservation of life and safety.

Report of violations. Village Trustees or employees shall report at once to the Building Inspector any building which is being carried on without a permit as required by this chapter.

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.

§ 147-3 Wisconsin Uniform Dwelling Code and Uniform Building Code adopted.

Authority. These regulations are adopted under the authority granted by § 101.65, Wis. Stats.

Purpose. The purpose of this section is to promote the general health, safety and welfare and to maintain required local uniformity with the administrative and technical requirements of the Wisconsin Uniform Dwelling Code and Uniform Building Code.

Scope. The scope of this section of this chapter includes the construction and inspection of all one- and two-family dwellings irrespective of the date any such dwelling was built.

Codes adopted.

The Wisconsin Uniform Dwelling Code, Chs. SPS 320 through SPS 325, Wis. Adm. Code, and all amendments thereto, is adopted and incorporated by reference and shall apply to all buildings within the scope of this section. The Wisconsin Administrative Code is available online at https://docs.legis.wisconsin.gov/code/admin_code.

The Wisconsin Uniform Building Code prepared by the Building Inspectors' Association of Southeastern Wisconsin, as amended from time to time, is adopted and incorporated by reference. The latest revision of the Wisconsin Uniform Building Code is available online at https://www.biasew.net/resources.

In the event of any conflict between the Wisconsin Uniform Building Code and the Wisconsin Uniform Dwelling Code, the provisions of the Wisconsin Uniform Dwelling Code shall apply.

Building Inspector. There is hereby created the position of Building Inspector, who shall administer and enforce this section 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, the Building Inspector or other assistant inspectors shall possess the certification categories of UDC HVAC, UDC Electrical, and UDC Plumbing. This position may, at the Board's discretion, be filled by a qualified employee of the Village or by a qualified independent contractor.

Building permit required. No person shall build, add onto or alter any dwelling within the scope of this section in excess of $5,000 value in any twelve-month period or build, add onto or alter any building within the scope of this section without first obtaining a building permit for such work from the Village Clerk-Treasurer. Any structural changes or major changes to mechanical systems that involve extensions shall require permits. Restoration or repair of an installation to its previous code-compliant condition as determined by the Building Inspector is exempted from permit requirements. Replacing existing siding with the same materials, reroofing, and replacing floor coverings shall be exempted from permit requirements.

Building permit fee. The building permit fee shall be adopted by the Village Board by resolution and shall be payable at time of issuance of such building permit and prior to the beginning of any construction. Work which has commenced prior to the issuance of a required building permit shall be charged double the normal fee or triple the normal fee as provided in the Uniform Building Code. This fee shall be in addition to any penalties provided for in Subsection J of this section.

Procedure for obtaining a permit. Any person required to obtain a building permit under this section shall first apply for a zoning permit with the Village Clerk-Treasurer's office under the direction of the Zoning Administrator. The Zoning Administrator shall determine whether the proposed building or alteration complies with Chapter 395, Zoning, of the Village Code. Applicants shall also file their application for a building permit, together with the building permit fee and seal fee, with the Village Clerk-Treasurer at the time that application for a zoning permit is made. The Zoning Administrator shall forward the application, fee and a copy of the zoning permit to the Village Clerk-Treasurer within three business days of the granting of the zoning permit. In the event a zoning permit is not granted, the application and fees shall be returned to the applicant.

Method of enforcement.

Certified inspector to enforce. The Building Inspector or his or her delegated representatives are hereby authorized and directed to administer and enforce all of the provisions of the Uniform Dwelling Code and Uniform Building Code. The Building Inspector shall be certified for inspection purposes by the Department of Safety and Professional Services in each of the categories specified under § SPS 305.63, Wis. Adm. Code.

Subordinates. The Building Inspector may appoint, as necessary, subordinates as authorized by the Village Board.

Duties. The Building Inspector shall administer and enforce all provisions of this chapter and the Uniform Dwelling Code and Uniform Building Code.

Inspection powers. The Building Inspector or an authorized certified agent 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 the Building Inspector or his or her agent while in performance of his or her duties.

(5)

Records. The Village Clerk-Treasurer shall perform all administrative tasks required by the Department of Safety and Professional Services under the Uniform Dwelling Code and Uniform Building Code. In addition, the Clerk-Treasurer shall keep a record of all applications for building permits in a file for such purposes and shall regularly number each permit in the order of its issue. Also, a record showing the number, description and size of all buildings erected indicating the kind of materials used and the cost of each building and aggregate cost of all one- and two-family dwellings shall be kept.

Penalties. The enforcement of this section and all other laws and ordinances relating to building shall be by means of the withholding of building permits, imposition of forfeitures and injunctive action and as provided in § 147-15 of this chapter.

§ 147-4 Wisconsin Commercial Building Code, Plumbing Code and Electrical Code adopted.

State Commercial Building Code adopted. The Wisconsin Commercial Building Code, Chs. SPS 361 through SPS 366, Wis. Adm. Code, is hereby adopted and made a part of this chapter with respect to those classes of buildings to which the Commercial Building Code specifically applies. Any future amendments, revisions and modifications of said Commercial Building Code incorporated herein are intended to be made a part of this chapter. The Wisconsin Administrative Code is available online at https://docs.legis.wisconsin.gov/code/admin_code.

State Plumbing Code adopted. The provisions and regulations of Ch. 145, Wis. Stats., and Chs. SPS 381, SPS 382 and SPS 383, Wis. Adm. Code, are hereby made a part of this chapter by reference and shall extend over and govern the installation of all plumbing installed, altered or repaired in the Village. Any further amendments, revisions and modifications of said Wisconsin Statutes and Administrative Code incorporated herein are intended to be made part of this chapter.

State Electrical Code adopted.

Subject to any exceptions set forth in this chapter, the Electrical Code, Volume 1, and Rules of Electrical Code, Volume 2, Chs. PSC 114 and SPS 316, Wis. Adm. Code, respectively, are hereby adopted by reference and made a part of this section and shall apply to all buildings except those covered by the Wisconsin Uniform Dwelling Code adopted in § 147-3 above.

The Village of Mishicot hereby takes the responsibility of electrical inspection of public buildings and places of employment pursuant to Ch. SPS 316, Wis. Adm. Code. The Village of Mishicot shall employ a state-certified commercial electrical inspector (COMEL). Except as otherwise noted in this chapter, all installations of electrical equipment shall conform to and comply with the State Electrical Code, the state statutes, and any orders, rules and regulations issued by authority thereof, and with approved electrical standards for safety to persons and property.

Conflicts with Federal Housing Administration standards. If, in the opinion of the Building Inspector and/or the Village Board, the provisions of the Wisconsin Commercial Building Code adopted by Subsection A of this section shall conflict with the provisions of the Federal Housing Administration standards in their application to any proposed building or structure, the Building Inspector and/or the Village Board shall apply the most restrictive provisions in determining whether or not the proposed building meets the requirements of this section.

§ 147-5 New methods and materials.

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 State Department of Safety and Professional Services for use in buildings or structures covered by the Wisconsin Uniform Dwelling Code or Commercial 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 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.

§ 147-6 Unsafe buildings.

Whenever the Building Inspector or Village Board finds any building or part thereof within the Village to be, in his/her or its judgment, so old, dilapidated, deteriorated, blighted or out of repair as to be dangerous, unsafe, unsanitary, unsuitable or unfit for human habitation, occupancy or use, or offensive to the aesthetic character of the neighborhood, and so that it would be unreasonable to repair the same, the Building Inspector or Village Board shall order the owner to raze and remove such building or part thereof or, if the defective conditions can be corrected by repairs, to repair and make safe and sanitary or to raze and remove at the owner's option. This order shall provide for a six-month timeline for completion. Any building or part thereof not completed or razed within this six-month period of time will be completed or razed at the direction of the Village and costs associated therewith will be assessed to the property owner. Such order and proceedings shall be as provided in § 66.0413, Wis. Stats.

§ 147-7 Disclaimer on inspections.

The purpose of the inspections under this chapter is to improve the quality of housing in the Village of Mishicot. The inspections and the reports and findings issued after the inspections are not intended as, nor are they to be construed as, a guarantee. In order to so advise owners and other interested persons, the following disclaimer shall be applicable to all inspections under this chapter: "These findings of inspection contained herein are intended to report conditions of noncompliance with code standards that are readily apparent at the time of inspection. The inspection does not involve a detailed examination of the mechanical systems or the closed structural and nonstructural elements of the building and premises. No warranty of the operation, use or durability of equipment and materials not specifically cited herein is expressed or implied."

§ 147-8 Garages.

Private attached garages shall be built in accordance with the general construction standards established in the Wisconsin Uniform Dwelling Code and Wisconsin Uniform Building Code.

§ 147-9 Demolition of buildings or structures.

Demolition permit required. All persons who demolish or cause to be demolished any structure or part of a structure within the Village of Mishicot shall apply for and obtain a demolition permit from the Village Clerk-Treasurer prior to undertaking any steps to demolish the structure.

Application for permit.

An application for a permit to demolish all or part of a building shall include the following information:

The name and address of the owner of the building on the date of application and, if different, on the date of demolition;

The name, address and telephone number of the contractor(s) performing the demolition work;

The date upon which demolition is to commence;

The date by which demolition shall be complete;

(e)

A list of all hazardous waste and hazardous and toxic substances (as defined by the Wisconsin Administrative Code, as amended from time to time) contained in the building, a statement as to whether the building contains asbestos [as defined by § 254.11(1), Wis. Stats.], and a detailed description of the method to be used in removing, transporting and disposing of any hazardous waste, hazardous and toxic substances, and asbestos;

(f)

A detailed description of how and where the waste materials resulting from the demolition will be transported and disposed of (including a description of the route to be used by trucks in hauling the waste);

(g)

A description of the method of demolition to be used; and

(h)

A description in detail of all methods to be used to prevent water runoff and soil erosion from the site to neighboring properties and to prevent releasing unreasonable amounts of dust from the site.

Along with the application for a demolition permit the applicant shall present a release from all utilities serving the property, stating that their respective service connections and appurtenant equipment such as meters and regulators have been removed or sealed and plugged in a safe manner.

Conduct of demolition.

The demolition shall be conducted in a manner that is safe and that does not adversely affect the environment.

A refuse collection dumpster shall be used at the demolition site.

Clearing and leveling the site.

The site of any demolition shall be properly cleared of debris, rubbish and pavement and shall be properly graded and leveled to conform to the adjoining grade of the neighboring property, and when so graded and leveled the site shall be seeded, sodded, or treated in some other manner acceptable to the Building Inspector so as to prevent blowing dust, dirt, or sand. Excavations remaining after demolition shall be filled, graded and leveled off not later than 30 consecutive days after demolition is completed.

Excavations from demolished buildings or structures shall not be filled with any materials subject to deterioration. The Building Inspector, upon notification by the permit holder, the owner or his or her agent, in writing and upon forms provided by the Building Inspector for that purpose, shall within 72 hours inspect each excavation, or part thereof, before any excavation is filled.

It shall be unlawful to fill any such excavation without inspection and approval of the Building Inspector. Voids in filled excavations shall not be permitted. In the event of the unavailability of the Building Inspector to conduct an inspection within 72 hours after written notice, the permit holder, owner or his or her agent may retain the services of a certified, qualified municipal inspection service to obtain an opinion that approves filling of the excavation. Said opinion shall be deemed a sufficient approval by the Village, provided that a written copy of the opinion is delivered to the Village Clerk-Treasurer at least 48 hours before filling of the excavation commences.

Removal and disposal of hazardous materials. Removal, transportation and disposal of all hazardous waste, hazardous and toxic substances, and asbestos shall be conducted in compliance with all applicable state, federal and local statutes, ordinances and regulations. The permit holder shall give the Building Inspector 72 hours' written notice prior to any removal, transportation or disposal of hazardous waste, hazardous and toxic substances and asbestos.

Permit fee. Application for a demolition permit shall be accompanied by a permit fee set by the Village Board.

§ 147-10 Basements; excavations.

Basement subflooring. First-floor subflooring shall be completed within 60 days after the basement is excavated.

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 so 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.

Closing of abandoned excavations. Any excavation for building purposes or any uncovered foundation which shall remain open for more than 60 days 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 Village Board from the date of the report by the Building Inspector on the cost thereof pursuant to the provisions of § 66.0627, Wis. Stats.

§ 147-11 Discharge of clear waters.

Discharge. No person shall cause, allow or permit any roof drain, surface drain, subsoil drain, drain from any mechanical device, gutter, ditch, pipe, conduit, sump pump or any other object or thing used for the purposes of collecting, conducting, transporting, diverting, draining or discharging clear water from any part of any private premises owned or occupied by said person to discharge into a sanitary sewer.

Nuisance. The discharge into a sanitary sewer from any roof drain, surface drain, subsoil drain, drain from any mechanical device, gutter, ditch, pipe, conduit, sump pump or any other object or thing used for the purposes of collecting, conducting, transporting, diverting, draining or discharging clear water from any part of any private premises is hereby declared to be a public nuisance and a hazard to the health, safety and well-being of the residents of the Village and to the protection of property.

Storm sewer lateral. Where municipal storm sewers are provided and it is deemed necessary by the property owner and/or the Village to discharge clear waters from a parcel of land, a storm sewer lateral shall be installed and connected to the storm sewer main at the expense of the owner.

Conducting tests. If the Building Inspector or his or her designated agent suspects an illegal clear water discharge as defined by this chapter or by any other applicable provision of the Wisconsin Administrative Code as it may, from time to time, be amended, he or she may, upon reasonable notice and at reasonable times, enter the private premises where such illegal clear water discharge is suspected and conduct appropriate tests to determine whether such suspected illegal clear water discharge actually exists.

§ 147-12 Regulations for moving buildings.

General requirements.

No person shall move any building or structure upon any of the public ways of the Village without first obtaining a permit therefor from the Village Clerk-Treasurer and paying the required fee. Every such permit issued by the Village Clerk-Treasurer for the moving of a building shall designate the route to be taken and the conditions to be complied with and shall limit the time during which said moving operations shall be continued.

A report shall be made by Village employees with regard to possible damage to trees. The estimated cost of trimming, removal and replacement of public trees, as determined by the Village, shall be paid to the Village Clerk-Treasurer prior to issuance of the moving permit.

Issuance of a moving permit shall further be conditioned on approval of the moving route by the Village Board.

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.

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 Director of Public Works 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 streets or highways, the person to whom the permit was issued shall forthwith place them in as good repair as they were before the permit was granted. On the failure of the permittee to do so within 10 days thereafter to the satisfaction of the Village Board, the Village shall repair the damage done to such streets and hold the person obtaining such permit responsible for the repairs.

Review by Building Inspector. No permit shall be issued to move a building within or into the Village and to establish it upon a location within the Village 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 chapter in all respects. A complete plan of all further repairs, improvements and remodeling with reference to such building shall be submitted to the Building Inspector, and he or she shall make a finding of fact to the effect that all such repairs, improvements and remodeling are in conformity with the requirements of this chapter and that, when the same are completed, the building as such will so comply with this chapter. In the event a building is to be moved from the Village to some point outside the boundaries thereof, the provisions with respect to the furnishing of plans and specifications for proposed alterations to such building may be disregarded.

Insurance. The Village Clerk-Treasurer shall require public liability insurance covering injury to one person in a sum 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.

§ 147-13 Water utility shutoff valve.

It shall be unlawful for any person constructing a new dwelling or commercial or industrial building upon any premises within the Village to damage the water utility shutoff valve situated upon such premises. The height of the water shutoff valve following completion of construction and landscaping shall be at grade level. At the time of final inspection of construction by the Building Inspector and following completion of landscaping, the Building Inspector shall determine whether the water utility shutoff valve has been damaged during construction and whether the valve is at grade level. Nothing herein shall preclude the Village from exercising any remedies available by law to compensate the Village for any loss suffered due to damage to any water utility shutoff valve.

§ 147-14 Fees.

The fees for all building, electrical, plumbing and HVAC permits shall be adopted by the Village Board by resolution. If work commences prior to obtaining a building permit, double fees will be charged or triple fees as provided in the Uniform Building Code.

§ 147-15 Enforcement; violations and penalties.

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 shall promptly report all such violations to the Village Board which shall bring an action to enjoin the erection, enlargement, alteration, repair or moving of such building or structure or the establishment of such use in violation of this chapter or to cause such building, structure or use to be removed. 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 Village officials constitute a defense. Compliance with the provisions of this chapter may also be enforced by injunctional order at the suit of the owner.

Notice of violation; stop-work order.

If an inspection reveals a noncompliance with this chapter, the Uniform Dwelling Code or the Uniform Building 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.

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.

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

If any construction or work governed by the provisions of this chapter, the Uniform Dwelling Code or the Uniform Building Code is commenced prior to the issuance of a permit, double fees shall be charged or triple fees as provided in the Uniform Building Code.

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.

No person shall erect, use, occupy or maintain any one- or two-family dwelling in violation of any provision of this chapter, the Uniform Dwelling Code or the Uniform Building Code or cause or permit any such violation to be committed. Whoever violates this section is subject to a penalty as set forth in § 1-2 of the Code.

[Amended 3-7-2023 by Ord. No. 2023-04]

Liability for damages.

This chapter shall not be construed as an assumption of liability by the Village for damages because of injuries sustained or property destroyed by any defect in any dwelling or equipment.