Town of Koshkonong, WI
Jefferson County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Koshkonong as Title 15, Ch. 1, of the 1996 Code. Amendments noted where applicable.]
A. 
Title. This chapter shall be known as the "Building Code of the Town of Koshkonong, Jefferson County, Wisconsin" and will be referred to in this chapter as "this Code," "this chapter," or "this Ordinance."
B. 
Purpose. This chapter 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 building hereafter moved within or into the Town of Koshkonong, shall conform to all the requirements of this chapter 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 chapter whenever it is used for dwelling, commercial or industrial purposes, unless it is being used for such purpose at the time this chapter was enacted. The provisions of this chapter supplement the laws and administrative rules of the State of Wisconsin pertaining to construction and use and the Zoning Code of Jefferson County and amendments thereto (and other zoning regulations adopted after the original enactment date of this chapter) to the date this chapter was adopted and in no way supersede or nullify such laws and said supplementary codes and regulations.
D. 
Definition. For purposes of this chapter, these terms shall have the following meaning:
BUILDING INSPECTOR
The Building Inspector serving the Town of Koshkonong. For purposes of this chapter, the term shall also include the Town's plumbing, electrical, heating, ventilating and air conditioning (HVAC) inspectors.
TOWN
The Town of Koshkonong, Jefferson County, Wisconsin.
A. 
Permit required.
(1) 
General permit requirement. No building of any kind shall be moved within or into the Town 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 Town of Koshkonong, per Town Fee Schedule,[1] until a permit therefor shall first have been obtained by the owner, or his authorized agent, from the Building Inspector or his designee. No person shall perform, or authorize the performance of such within the Town, building, heating, ventilating, air conditioning, plumbing, electrical or gas installation work, whether initial or new construction, or remodeling, alteration, additions or replacement regulated by this chapter, unless the required permit or license therefor is first obtained from the Building Inspector, or his designee.
[Amended 3-13-2019 by Ord. No. 1]
[1]
Editor's Note: The Fee Schedule is on file in the Town office.
(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.
[Amended 3-13-2019 by Ord. No. 1]
(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) 
Alterations when 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. The Town Board, upon the recommendation of the Building Inspector, may exempt specific properties from the deterioration standards of this subsection in the case of unique historic structures. 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 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.
B. 
Application. Application for a building permit shall be made, in writing, upon a form furnished by the Town of Koshkonong 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.
C. 
Dedicated street and approved subdivision required. Except for permits for agricultural buildings, no building permit shall be issued unless the property on which the building is proposed to be built abuts a street that has been dedicated for street purposes. No building permits shall be issued until the subdivision and/or certified survey and required improvements are accepted by the Town Board, except as otherwise authorized by the Town Board.
D. 
Utilities required.
(1) 
Utility service not available. If municipal sewer and water are not required by the Town, no nonagricultural building permit or occupancy permit will be issued until plans are provided for a private domestic sewage treatment and disposal system and an approved well system. The installation of the above-mentioned systems must be approved by the Town Building Inspector and the county agency in charge of issuing the applicable state permits.
(2) 
Occupancy. No person shall occupy any building until sewer, water, grading and graveling are installed in the streets necessary to service the property and a certificate of occupancy shall not be issued until such utilities are available to service the property.
(3) 
Residential buildings. 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 and a receipt for payment of electrical hookup is presented to the Building Inspector.
E. 
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 Town 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 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 Building Inspector. Plans for buildings involving the State Building Code shall bear the stamp of approval of the State Department of Safety and Professional Services. One plan shall be submitted which shall remain on file in the office of the Building Inspector, or Town office. All plans and specifications shall be signed by the designer. Plans for all new one and two-family dwellings shall comply with the provisions of § SPS 320.09(4), Wis. Adm. Code.
F. 
Waiver of plans. If the Building Inspector finds that the character of the work is sufficiently described in the application, he may waive the filing of plans for alterations, repairs or moving, provided the cost of such work does not exceed $2,000.
G. 
Minor repairs. Minor repairs or maintenance work on any structure or to heating, ventilating or air conditioning systems installed therein with an estimated fair market value (including value of labor and materials) less than $1,500, which do not change the occupancy area, exterior aesthetic appearance, structural strength, fire protection, exits, light or ventilation of the building or structure do not require issuance of a Town building permit. Other permits may be required.
H. 
Approval of plans.
(1) 
If the Building Inspector determines that the building will comply in every respect with all ordinances and orders of the Town of Koshkonong and all applicable laws and orders of the State of Wisconsin, he shall 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.
I. 
Issuance of permits.
[Amended 3-13-2019 by Ord. No. 1]
(1) 
Payment of fees. Except as otherwise specifically provided, all permit, license and inspection fees required under this chapter shall be collected by the Town Clerk or designee prior to the issuance of the permit or license and the Town Clerk shall notify the various inspectors when such fee is paid. No permit or license shall be issued or reissued, or inspection performed, until the required fees are paid.
(2) 
Monthly reports. The Building Inspector shall make a monthly report to the Town of permits issued, fees collected and inspections made.
J. 
Inspection of work.
(1) 
The owner or his agent shall have all lot corners and bends visibly staked prior to requesting an inspection. The builder shall notify the Building Inspector when ready for inspections and the Building Inspector shall inspect within two business days after notification all buildings at the following states of construction:
(a) 
Footings and foundation. Prior to pouring of the foundation, the builder shall supply an adequate site plan;
(b) 
General framing, rough electrical, plumbing and heating;
(c) 
Insulation; and
(d) 
Completion of the structure.
(2) 
If he finds that the work conforms to the provisions of this chapter, he shall issue a certificate of occupancy which shall contain the date and the result of such inspection, a duplicate of which shall be filed in the office of the Building Inspector.
(3) 
If the owner of the premises refuses to grant the Building Inspector permission to inspect the premises, the Building Inspector may request that an inspection warrant to be obtained as authorized by § 66.0119, Wis. Stats.
K. 
Permit lapses.
(1) 
General. Permits issued under this chapter, except permits for one- and two-family dwelling units, shall lapse and be void unless construction or work thereunder has commenced within six months, or if construction has not been completed within 18 months, from the date of issuance. Construction has commenced if the footings or foundation has been excavated to a point where footings or foundation work can begin.
(2) 
One- and two-family dwellings. Permits for one- and two-family dwelling unit construction, remodeling and additions shall be valid for a period of 24 months from date of issuance.
(3) 
Reissuance of permits. In the event any work for which a permit was issued is not completed within 24 months for one- and two-family dwelling units and within one year for other construction or work authorized by a valid permit issued under this chapter, then said permit shall lapse and be void and no construction or work shall begin or resume until a new permit is obtained and the fee prescribed under this chapter is paid. No permit shall be reissued until all approvals required by this chapter at the time of reapplication have been given. The fee for reissuance of a permit shall be 1/2 of the required fee at the time of reapplication unless work has proceeded without a permit or under a lapsed permit, in which event full fees shall be paid.
L. 
Revocation of permits.
(1) 
The Building Inspector or the Town Board (or its designee) may revoke any building, plumbing or electrical permit, certificate of occupancy, 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:
(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 construction order has been issued.
[Amended 3-13-2019 by Ord. No. 1]
(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 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 or certificate of occupancy given by the Building Inspector for the use of all new materials, equipment, methods or construction devices or appliances.
[Amended 3-13-2019 by Ord. No. 1]
(2) 
The notice revoking a building, plumbing or electrical permit, certificate of occupancy or approval shall be in writing and may be served upon the applicant of the permit, owner of the premises and his agent, if any, and on the person having charge of construction. The Town is to be notified by Building Inspector in writing.
(3) 
A revocation placard shall also be posted upon the building, structure equipment or 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 chapter, shall be procured and fees paid therefor, and thereafter the resumption of any construction or operation shall be in compliance with the regulation 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 may require for the preservation of life and safety.
M. 
Report of violations. Town officials and employees shall report to the Building Inspector any building which is being carried on without a permit as required by this chapter.
N. 
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.
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 325 of the Wisconsin Administrative Code are hereby adopted and by reference made a part of this chapter 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 chapter. Any future amendments, revisions or modifications of the Administrative Code provisions incorporated herein are intended to be made part of this chapter to secure uniform statewide regulation of one and two-family dwellings in the Town of Koshkonong. A copy of these administrative code provisions and any future amendments shall be kept on file in the Town Clerk's Office.
B. 
Existing buildings. The "Wisconsin Uniform Dwelling Code" shall also apply to buildings and conditions where:
(1) 
An existing building to be occupied as a one or two-family dwelling, which building was not previously so occupied.
(2) 
An existing structure that 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 Town Assessor.
(3) 
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 chapter for new buildings. The provisions of § 218-2 shall also apply.
(4) 
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 chapter.
(5) 
Additions and alterations. Any addition or alteration, regardless of cost, made to a building shall be made in conformity with applicable Sections of this chapter.
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.
(1) 
Any building, the initial construction of which is commenced on or after the effective date of this chapter 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, Administrative 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) 
Certified inspector to enforce. The Building Inspector and his delegated representatives are hereby authorized and directed to administer and enforce all of the provisions of the Uniform Dwelling Code. The Building Inspector shall be certified for inspection purposes by the Department in each of the categories specified under § SPS 305.63, Wis. Adm. Code.
(2) 
Subordinates. The Building Inspector may appoint, as necessary, subordinates as authorized by the Town Board.
(3) 
Duties. The Building Inspector shall administer and enforce all provisions of this chapter and the Uniform Dwelling Code.
(4) 
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 agent while in performance of his duties.
(5) 
Records. The Building Inspector shall perform all administrative tasks required by the Department under the Uniform Dwelling Code. In addition, the Building Inspector shall keep a record of all applications for building permits in a book 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.
A. 
Portions of State Building Code adopted.
(1) 
Codes adopted. Chapters SPS 361 through 366, Wis. Adm. Code (Wisconsin State Building Code) are hereby adopted and made a part of this chapter with respect to those classes of buildings to which this Building Code specifically applies. Any future amendments, revisions and modifications of said Chs. SPS 361 through 366 incorporated herein are intended to be made a part of this Code. A copy of said Chapters SPS 361 through 366 and amendments thereto shall be kept on file in the office of the Town Clerk.
(2) 
Requirements. Permits for buildings, structures or work under Subsection A(1) above shall be issued by the Building Inspector only for plans which have been approved under Subsection A(3) below. Approvals may be obtained in any order, provided no permit shall be issued by the Building Inspector until plans stamped or endorsed by all approving authorities are on file in his office.
(3) 
State approval required. Except when authority to approve plans has been delegated to the Building Inspector, all plans for commercial, industrial or other classes of buildings or places of employment described in § 101.12, Wis. Stats., shall be approved by the Wisconsin Department of Safety and Professional Services.
B. 
State plumbing code adopted. The provisions and regulations of Ch. 145, Wis. Stats., and Wis. Adm. Code Chs. SPS 381, SPS 382 and SPS 383 and SPS 325 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 Town of Koshkonong. Any further amendments, revisions and modifications of said Wisconsin Statutes and Administrative Code herein are intended to be made part of this chapter.
C. 
State electrical code adopted.
(1) 
Wis. Adm. Code § SPS 324 is hereby adopted by reference and made a part of this chapter and shall apply to the construction and inspection of new one and two-family dwellings and additions or modifications to existing one and two-family dwellings.
(2) 
Subject to the exceptions set forth in this chapter, 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 section and shall apply to all buildings, except those covered in Subsection C(1) above.
D. 
Conflicts. If, in the opinion of the Building Inspector and/or the Town Board, 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 Inspector and/or the Town shall apply the most stringent provisions in determining whether or not the proposed building meets the requirements of this section.
A. 
When required. It shall be unlawful for any person to use or permit the use of any building or premises, or part thereof, hereafter erected, changed, converted or enlarged, wholly or partially, in use or structure until a certificate of occupancy shall have been issued by the Building Inspector. Such certificate of occupancy shall not be issued until all final inspections under this Code have been satisfactorily completed.
B. 
Inspections.
(1) 
The Building Inspector, and other Town Inspectors, shall make a final inspection of all new buildings, additions and alterations. If no violations of this Code or any other ordinance are found, the Building Inspector shall issue a certificate of occupancy, stating the purpose for which the building is to be used. Action to approve or deny any application for a permit or certificate of occupancy under this chapter shall be taken promptly and in no case longer than 14 days from the date the application is filed with the Building Inspector.
(2) 
No building, nor part thereof, shall be occupied until a certificate of occupancy has been issued, nor shall any building be occupied in any manner which conflicts with the conditions set forth in the certificate of occupancy.
(3) 
If the Building Inspector determines after final inspection that the building, structure or work has substantially complied with every respect with all ordinances and orders of the Town and applicable laws and orders of the State of Wisconsin, he shall officially approve the work and shall issue the certificate of occupancy to the owner.
(4) 
No person shall alter any plans or specifications in any respect after a permit or certificate of occupancy has been issued therefor, except with the written consent of the Building Inspector or appropriate Town authority.
C. 
Use discontinued.
(1) 
Whenever any nonagricultural building or portion thereof is being used or occupied contrary to the provisions of this chapter, the Building Inspector shall order such use or occupancy discontinued and the building or portion thereof vacated by notice served on the building owner or any person using or causing such use or occupancy to be continued and such person shall vacate such building or portion thereof within 10 days after receipt of the notice or make the building or portion thereof comply with the requirements of the Code.
(2) 
Any building, structure, or premises, or any part thereof, hereafter vacated or damaged by any cause whatsoever so as to jeopardize public safety or health, shall not hereafter be occupied or used under an existing certificate of occupancy or without the same, until an application has been filed and a new certificate of occupancy issued.
D. 
Hardship. The Building Inspector, and other Town Inspectors, shall have the authority and power to permit the occupancy of any building or structure in the Town, prior to issuance of an occupancy certificate, in all such cases of hardship as in his judgment and discretion warrant occupancy before final stage of completion as set forth in this chapter. Before granting such permission, the Building Inspector shall first examine the premises and determine if it is safe and sanitary. The Building Inspector shall determine the time within which such building or structure can be completed, such time not to exceed 120 days.
A. 
State code adopted. All electrical work, including the placing of wires and other equipment, shall conform to the Wisconsin State Electrical Code. A copy of such code shall be kept on file in the office of the Town Clerk.
B. 
Permit. No electric wiring or other equipment shall be installed or altered without first securing a permit therefor from the Building Inspector, except that repairs or replacements of broken or defective sockets, switches or base receptacles may be made without a permit. The application for such permit shall be on a form furnished by the Building Inspector and shall state clearly the work planned, alterations to be made and equipment and materials to be used. All later deviations from such plan shall be submitted to and approved by the Building Inspector. The fees for such permit shall be paid when application is made. The fee schedule for electrical permits shall be as established by resolution of the Town Board.
C. 
Inspection of work. After roughing in the wiring of any building and before any such work is covered up or upon completion of any outside wiring construction work, the person doing such work shall notify the Building Inspector who shall at once inspect the same. Upon completion of such wiring, the Building Inspector shall be notified and shall inspect the finished work. If he finds that the work conforms to the State Electrical Code, he shall issue a certificate of compliance which shall contain the date and an outline of the result of such inspection, a duplicate of which shall be filed in the office of the Building Inspector. No such electrical equipment shall be used until such certificate has been issued.
D. 
Access to buildings. The Building Inspector or his authorized agent may during reasonable hours enter any public building in the discharge of his official duties or for the purpose of making any inspection or tests of the electrical wiring or equipment contained therein.
E. 
Authority to discontinue electrical inspection. When any electrical wiring or equipment is found by the Building Inspector to be dangerous to person or property because it is defective, defectively installed, or not installed according to applicable codes, the person, firm or corporation responsible for the electrical wiring or equipment shall be notified, in writing, and shall make any changes, alterations, or repairs required, in the judgment of the Building Inspector, to place such wiring or equipment in safe conditions. If such work is not completed within the period specified by the Building Inspector in the notice, the Building Inspector shall have the authority to order the disconnection of electrical service, and the wiring or equipment shall not be re-energized until written permission is obtained from the Building Inspector.
A. 
Plumbing defined. For the purpose of this chapter, "plumbing" is defined as follows:
(1) 
As defined in § 145.01(10)(a), Wis. Stats.
(2) 
The construction, connection to or alteration of any drain, soil or waste pipe to carry domestic sewage, stormwater or industrial waste from a point three feet outside of the foundation walls of any building to the sewer lateral at the curb or other disposal terminal including the private sewage disposal or treatment plant. This definition does not include minor repairs to faucets and the removal of stoppages in soil or waste pipes.
B. 
State code adopted. The provisions and regulations of Ch. 145, Wis. Stats., and Chs. SPS 381 through 385, Wis. Adm. Code, are hereby made a part of this chapter by reference and shall extend over and govern the installations of plumbing installed, altered or repaired in the Town. Any further amendments, revisions and modifications of said Wisconsin Statutes and Administrative Code provisions incorporated herein are intended to be part of this chapter.
C. 
Inspectors. The plumber in charge shall notify the Plumbing Inspector whenever any work is ready for inspection. All plumbing work shall be left exposed until the Inspector has completed his examination and inspection. When, in the opinion of the Plumbing Inspector, a test in addition to the provisions of § SPS 382.21, Wis. Adm. Code, is necessary, he may require a water or air test on all or part of the installation.
D. 
Applications. No plumbing shall be installed in the Town without first filing an application and receiving a permit. Each application shall be approved by the Plumbing Inspector before a permit to install plumbing may be issued. Only licensed master plumbers may receive such permits, except that a permit may be issued to a property owner to install plumbing in a single-family residence which is owned and occupied by such owner as his home. The fees for such permit shall be paid when application is made. The Fee Schedule for plumbing permits shall be as established by resolution of the Town Board.
[Amended 3-13-2019 by Ord. No. 1]
E. 
Access to buildings. The Plumbing Inspector or his authorized agent may during reasonable hours enter any public building in the discharge of his official duties or for the purpose of making any inspection or tests of the plumbing contained therein.
A. 
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 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 Wisconsin Department of Safety and Professional Services. The data, test and other evidence necessary to prove the merits of such material, method of construction or device shall be determined by the Wisconsin Department of Safety and Professional Services.
A. 
Whenever the Building Inspector and/or Town Board (or its designee) find any building or part thereof within the Town of Koshkonong to be, in their 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, they 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. The Building Inspector may require the owner or occupant of any premises within the Town to remove therefrom and dispose of, within a reasonably stated time, any unsightly articles or material visible to the public, and which he reasonably finds detrimental to the appearance, neatness and cleanliness of the neighborhood or the Town in general.
B. 
Where 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 expenses of such work may be recovered by the Town in an action against the owner or tenant.
The purpose of the inspections under this chapter is to improve the quality of housing in the Town of Koshkonong. 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."
Private garages shall be built in accordance with the general construction standards established in the Wisconsin Uniform Dwelling Code.
A. 
No buildings within the Town of Koshkonong shall be razed without written notification to the Town board members. 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 week for the work that was done on that week. No combustible material shall be used for backfill, but shall be hauled away. 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. During the course of razing, the permittee shall ensure that all debris is controlled and removed from the site.
[Amended 3-13-2019 by Ord. No. 1]
A. 
Basement subflooring. First floor subflooring shall be completed within 60 days after the basement is excavated. Any excavation which exists for 60 days or more where construction has not been commenced therein shall be considered abandoned and shall be refilled and leveled to grade by the owner of such lot or parcel of land within 10 days after receiving a written notice from the Building Inspector of such requirement; upon the failure of such owner to comply with such requirement within the stated period, the work may be done by the Town or its agent and the expense thereof shall be assessed against such lot or parcel of land as a special tax pursuant to § 66.0627, Wis. Stats., to be collected in the same manner as are other real estate taxes.
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 make 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 Town Board from the date of the report by the Building Inspector on the cost thereof, pursuant to the provisions of § 66.0703, Wis. Stats.
D. 
Vacant buildings. Whenever any building or structure is vacant and the doors and windows or any part thereof have been removed or opened, leaving the interior of such building or structure exposed to the elements and accessible to trespassers, then such building or structure shall be deemed to be dangerous, unsafe and a menace to public safety. The Building Inspector shall give the owner thereof written notice to secure said building or structure and comply with Town Code requirements within 30 days of the date of said notice. Failure to comply with said written notice shall be sufficient grounds for the Building Inspector to condemn and raze said building or structure in accordance with the applicable provisions of § 66.0413(1)(f) and (j), Wis. Stats.
A. 
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.
B. 
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 Town and to the protection of the property.
C. 
Groundwater. Where deemed necessary by the Building Inspector, every house shall have a sump pump installed for the purpose of discharging clear waters from foundation drains and ground infiltration and where the building is not serviced by a storm sewer shall either discharge into an underground conduit leading to a drainage ditch, gutter, dry well or shall discharge onto the ground surface in such other manner as will not constitute a nuisance as defined herein.
D. 
Stormwater. All roof drains, surface drains, drains from any mechanical device, gutters, pipe, conduits or any other objects or things used for the purpose of collecting, conducting, transporting, diverting, draining or discharging stormwaters shall be discharged either to a storm sewer, a dry well, an underground conduit leading to a drainage ditch or onto the ground surface in such other manner as will not constitute a nuisance as defined herein.
E. 
Storm sewer lateral. Where municipal storm sewers are provided and it is deemed necessary by the property owner and/or the Town 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.
F. 
Conducting tests. If the Building Inspector or his 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 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.
A. 
General requirements.
(1) 
No person shall move any building or structure upon any of the public ways of the Town without first obtaining a permit therefor from the Town Building Inspector or Town designee and upon the payment of the required fee in an amount determined by the Town Board pursuant to § 218-18. Every such permit issued by the Town Building Inspector or Town designee for the moving of a building shall designate the route to be taken, the conditions to be complied with and shall limit the time during which said moving operations shall be continued. Such permit shall not be required for moving agricultural buildings designed to be portable or transportable. The permittee must provide all information to the Town Clerk as the Town Board may reasonably require.
(2) 
A report shall be made by Town employees with regard to possible damage to trees. The estimated cost of trimming, removal and replacement of public trees, as determined by the Town, shall be paid to the Town Clerk prior to issuance of the moving permit.
(3) 
Issuance of moving permit shall further be conditioned on approval of the moving route by the Town Building Inspector.
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 Town designee, who shall inspect the streets, highways and curbs and gutters over which said building, accompanied by a representative of the Town, 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 them in as good repair as they were before the permit was granted. On the failure of the said permittee to do so within 10 days thereafter to the satisfaction of the Town Board, the Town shall repair the damage done to such streets and hold the person obtaining such permit and the sureties on his letter of credit responsible for the payment of same.
[Amended 3-13-2019 by Ord. No. 1]
D. 
Conformance with code. No permit shall be issued to move a building within or into the Town of Koshkonong and to establish it upon a location within the said Town 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 Town 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. 
Letter of credit.
(1) 
Before a permit is issued to move any building over any public way in the Town, the party applying therefor shall give a letter of credit to the Town of Koshkonong in a sum to be fixed by the Building Inspector and which shall not be less than $5,000, said letter of credit to be executed by a corporate surety or two personal sureties to be approved by the Town Building Inspector conditioned upon, among other things, the indemnification to the Town 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 Town 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, filling 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 letter of credit above indicated, public liability insurance covering injury to one person in the sum of not less than $500,000 and for one accident in a sum not less than $500,000, together with property damage insurance in a sum not less than $500,000, or such other coverage as deemed necessary. The Town of Koshkonong shall be named as a third party insured on the policy.
G. 
Town board review.
(1) 
No such permit shall be issued unless it has been found as a fact by the Town Board by at least a majority vote, after an examination of the application for the permit which shall include exterior elevations of the building and accurate photographs of all sides and views of the same, and in case it is proposed to alter the exterior of said building, plans and specifications of such proposed alterations and after a view of the building proposed to be moved and of the site at which it is to be located, that the exterior architectural appeal and functional plan of the building to be moved or moved and altered, will not be so at variance with either the exterior architectural appeal and functional plans of the buildings already constructed or in the course of construction in the immediate neighborhood or the character of the applicable district established by the Jefferson County Zoning Code or any ordinance amendatory thereof or supplementary thereto, as to cause a substantial depreciation in the property values of said neighborhood within said applicable district. In case the applicant proposed to alter the exterior of said building after moving the same, he shall submit with his application papers, complete plans and specification for the proposed alterations. Before a permit shall be issued for a building to be moved and altered, the applicant shall give a bond to the Town, which shall not be less than $5,000 to be executed in the manner provided in Subsection E hereof to the effect that he will within a time to be set by the Town Board, complete the proposed exterior alterations to said building in the manner set forth in his plans and specifications. This bond shall be in addition to any other bond or surety which may be required by other applicable ordinances of the Town. No occupancy permit shall be issued for said building until the exterior alterations proposed to be made have been completed.
(2) 
Upon application being made to the Building Inspector, he shall request meeting of the Town Board to consider applications for moving permits which he has found comply in all respects with all other ordinances of the Town. The Town Board may, if it desires, hear the applicant for the moving permit in question and/or the owner of the lot on which it proposed to locate the building in question, together with any other persons, either residents or property owners, desiring to be heard, giving such notice of hearing as they may deem sufficient.
(3) 
The Town Board shall, in writing, make or refuse to make, a finding required by this subsection and file it in the office of the Town Clerk, who shall send a copy of it to the Building Inspector.
[Amended 3-11-2015]
A. 
Definitions. For the purpose of this section, the following terms shall have the meaning indicated:
FENCE
An enclosed barrier consisting of wire, wood, stone, metal or vinyl intended to control ingress or egress. This section shall not regulate agricultural fences, which shall be governed by the Wisconsin Statutes.
PROTECTIVE MEASURE FENCE
A fence erected for the express purpose of protecting an enclosed area and the property therein, or a fence intended to deny access to a dangerous property or location.
B. 
Fence permit required.
(1) 
Before work is commenced on the construction or erection of a residential or commercial fence, in a platted subdivision, or on any major alterations, alterations, additions, reconstruction or other improvements thereto, a fence permit shall first be obtained from the Building Inspector or his designee.
(2) 
Plans and specifications and pertinent explanatory data, including location and type of construction and materials, shall be submitted to the Building Inspector at the time of application.
(3) 
No work or any part of the work shall be commenced until a written fence permit for such work is first obtained by the applicant.
(4) 
The Building Inspector or Town designee may refuse to issue a fence permit if the proposed material or design is unsightly, hazardous or would create a nuisance.
[Amended 3-13-2019 by Ord. No. 1]
(5) 
The minimum building permit fee pursuant to the Town Building Code shall accompany such application.
C. 
Fences categorized. Fences shall be categorized into three design classifications:
(1) 
Boundary fence. A fence placed within one inch of the property lines of adjacent properties.
[Amended 3-13-2019 by Ord. No. 1]
(2) 
Protective fence. A fence constructed to enclose a hazard to the public health, safety and welfare erected for the express purpose of protecting an enclosed area and the property therein, or a fence intended to deny access to a dangerous property or location.
(3) 
Architectural or aesthetic fence. A decorative fence constructed to enhance the appearance of the structure or the landscape and which does not control ingress or egress.
D. 
Height of fences regulated.
(1) 
A fence or wall may be erected, placed or maintained on residentially zoned property or adjacent thereto to a height not exceeding six feet above the ground level, except that no such fence or wall which is located in a required front or corner side yard shall not exceed a height of four feet and not more than 50% opacity. Where such lot line is adjacent to a property zoned commercial or industrial, there shall be an eight-foot limit on the height of a fence or wall along such lot line.
(2) 
No fence or wall shall be erected, placed or maintained along a lot line on any nonresidentially zoned property, adjacent to a residentially zoned property, to a height exceeding eight feet.
(3) 
In any residential district, no fence or wall shall be erected, constructed or maintained to a height exceeding four feet above the street grade nearest thereto, within 25 feet of the intersection of any street lines or of street lines projected.
E. 
Requirements.
(1) 
The property owner erecting the fence shall be responsible for properly locating his/her fence in a legal location, and is responsible for any surveying work necessary to determine such legal location.
(2) 
The property owner erecting the fence shall place the finished or decorative side of the fence facing his neighbor. The average distance between the base of the fence panels and the finished elevation shall not exceed six inches.
(3) 
Posts sunk at least two feet or more as necessary to support the fence.
(4) 
No fence shall be connected with an electrical current in such manner as to transmit said current to persons, animals, or things which intentionally or unintentionally transmitted might come in contact with it.
F. 
Setback for residential fences. Fences in or adjacent to a residential property shall have a minimum one-inch side and rear yard setback. Fences may be constructed parallel alongside lot lines but shall not extend into the front setback area as extended to the side lot lines. The property owner erecting the fence shall be responsible for properly locating his/her fence in a legal location, and is responsible for any surveying work necessary to determine such legal location.
[Amended 3-13-2019 by Ord. No. 1]
G. 
Security fences. Security fences are permitted on the property lines in all districts except residential districts, but shall not exceed 10 feet in height and shall be of an open type similar to woven wire or wrought iron fencing.
H. 
Prohibited fences.
(1) 
No residential or commercial fence shall be constructed which is of a dangerous condition, conducts electricity, is designed to electrically shock or which uses barbed wire.
(2) 
Barbed wire may be used in industrially zoned areas if the devices securing the barbed wire to the fence are 10 feet above the ground or height and project toward the fenced property and away from any public area.
(3) 
No fence shall be constructed or maintained of unsightly or dangerous materials which would constitute a nuisance.
(4) 
Fences shall have no signs attached except manufacturer's identity.
I. 
Fences to be repaired. All fences shall be maintained and kept safe and in a state of good repair. The finished or decorative side of a fence shall face the adjoining property.
J. 
Temporary fences. Fences erected for the protection of plantings or to warn of a construction hazard, or for similar purposes, shall be clearly visible or marked with colored streamers or other such warning devices at four-foot intervals. Such fences shall comply with the setback requirements set forth in this section. The issuance of a fence permit shall not be necessary for temporary fences as described herein, but said fences shall not be erected for more than 60 days.
K. 
Architectural and aesthetic fence standards. Architectural and aesthetic fences, as defined in Subsection C, do not require issuance of a fence permit; such fences shall comply with setback, height and construction standards established by this section.
L. 
Swimming pool fences.
(1) 
Definition. A "private or residential swimming pool" is an outdoor structure containing a body of water in a receptacle or other container having a depth for water at any point of 18 inches or greater located above or below the surface of ground elevation, used or intended to be used solely by the owner, operator or lessee thereof and his family, and by friends invited to use it, and includes all structural facilities, appliances and appurtenances, equipment and other items used and intended to be used for the operation and maintenance of a private or residential swimming pool.
(2) 
Exempt pools. Portable children's swimming or wading pools, with a maximum dimension of 15 feet and a maximum wall height of 15 inches and which are so constructed that it may be readily disassembled for storage and reassembled to its original integrity are exempt from the provisions of this section.
[Amended 3-13-2019 by Ord. No. 1]
(3) 
Pool fence standards.
(a) 
In-ground pools within the scope of this section which are not enclosed within a permanent building shall be completely enclosed by a fence of sufficient strength to prevent access to the pool. A pool fence is required even if a pool cover is utilized. Such fence shall not be less than four feet or more than six feet in height, and shall be constructed so as not to have voids, holes or openings larger than four inches in one dimension. The fence shall be located no closer than three feet to the pool water. Pool fences shall be constructed with lockable gates or doors, which shall be kept locked when the pool is not in actual use.
(b) 
Aboveground pools capable of containing water at any point of a depth of 18 inches or greater with completely unobstructed sidewalls, without decking, of three feet or greater, and with lockable entrance stairs/ladders, are exempt from the fence requirements of this section. If an aboveground pool does not meet the above sidewall standards due to inadequate sidewall height, lack of lockable stairs/ladders, construction of the pool into a hillside or raised decks around all or part of the pool perimeter, the fence requirements of Subsection L(3)(a) shall be complied with.
[Amended 3-13-2019 by Ord. No. 1]
M. 
Nonconforming fences.
(1) 
Any boundary or architectural fence existing on the effective date of this section and not in conformance with this section may be maintained, but any alteration, modification or improvement of said fence shall comply with this section.
(2) 
Swimming pools existing at the date of adoption of this section shall comply with the fencing requirements in Subsection L above within six months of the effective date of this section, unless a hardship is demonstrated, to the satisfaction of the Town Board.
[Amended 3-13-2019 by Ord. No. 1]
No person, firm or corporation shall dump or place upon lands, public or private, fill material, as defined in Subsection C herein, of more than 200 yards total quantity within the Town of Koshkonong without first obtaining a permit therefor:
A. 
Application.
(1) 
Application for a permit to transfer, place or dump solid fill within or through the Town of Koshkonong shall be made by the owner of the lands to be filled or his designated agent, in writing, to the Town office upon an application furnished by the Town. The applicant shall set forth upon the application form the following information:
[Amended 3-13-2019 by Ord. No. 1]
(a) 
Location of filling operation;
(b) 
Proposed route for hauling;
(c) 
Number, type and size of trucks to be used;
(d) 
Proposed trucking schedule, number of days and time of day;
(e) 
Other equipment involved in fill operations;
(f) 
Descriptions and source of fill material;
(g) 
Grading plan indicating final limits and finished grade of fill area;
(h) 
The amount of material to be dumped;
(i) 
The elevation of the land before and after dumping;
(j) 
The period of time over which said transfer of fill is to take place; and
(k) 
The effect on the surrounding properties.
(2) 
Issuance of a permit by the Town Clerk or Building Inspector shall be conditioned upon compliance with the information submitted in the application or such other conditions imposed by the Town.
B. 
Fee. A fee shall accompany the application of permit (see Fee Schedule).
C. 
Fill material. Fill material shall be clean, inert material free from organic material, brush, garbage and material subject to organic decomposition. Where necessary, to avoid dust or similar litter, all material shall be wetted down before transporting. Hazardous waste, asphalt or fill containing items such as hollow containers, appliances and equipment subject to subsequent collapse or settlement are prohibited. Generally, material such as earth fill and broken concrete of a size approved by the Building Inspector or Town Clerk will be classified as acceptable fill subject to other permit requirements.
D. 
Permits. The Building Inspector or Town Clerk are authorized to issue a Filling Permit to each applicant when satisfied that the fill material meets the requirements in Subsections A through C above and that the filling operation will not create noise, traffic or other problems detrimental to the residents of the area of the community in which said filling is taking place; the Building Inspector or Town Clerk shall not authorize any filling between the hours of 7:00 p.m. and 7:00 a.m. on weekdays, nor at any time on Sunday or on a statutory holiday; the hours of filling or the number of trucks involved based upon the location of the filling operation and the traffic conditions of the area where the filling is being placed may by restricted. The permit shall be for a period not to exceed three consecutive months in a calendar year.
E. 
Other regulations.
(1) 
Filling operations also shall be subject to all applicable county, state or federal license or permit regulations.
(2) 
Filling operations shall not block a natural drainage course.
(3) 
Fill shall not be placed within 300 feet of a navigable body of water without first obtaining all necessary permits from applicable agencies.
F. 
Exceptions. The provisions of this section relating to the transfer of solid fill shall not apply to customary top dressing or fertilizing of lawns and gardens nor shall they apply to the construction of block or concrete patios, or platforms permitted under Town Ordinances.
G. 
Appeal. Any person, firm or corporation who is denied a filling permit or whose filling operation is restricted due to noise, traffic or other conditions may appeal to the Town Board by filing written notice of appeal within 10 days of permit denial as required by the Town Board.
H. 
Letter of credit. Ten thousand dollars per mile.
I. 
Documentation. Roads to be videotaped before and after and documented by Town Board and Contractor.
The fee for all building, electrical, plumbing and HVAC permits shall be as established in the Town's Fee Schedule, as adopted by the Town Board. If work commences prior to obtaining a required permit, double fees shall be charged. The Town Board may amend the amount of the fees pursuant to resolution of the Town Board without amending this section.
If any section, clause, provision or portion of this chapter, 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.
A. 
Violations.
(1) 
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 Town Board, which may authorize the Town Attorney to 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 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 general penalty provisions of the Code of Ordinances.
[Amended 3-13-2019 by Ord. No. 1]
(2) 
In any enforcement action under this chapter, 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 Town officials constitute a defense.
(3) 
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.
B. 
Enforcement.
(1) 
Notice to correct. 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 30 days after written notification unless an extension of time is granted pursuant to §  SPS 320.21(3), Wis. Adm. Code.
(2) 
Stop-work order. 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) 
Separate violations: other remedies. Each day each violation continues after the thirty-day written notice period has runs shall constitute a separate offense. Nothing in this chapter shall preclude the Town from maintaining any appropriate action to prevent or remove a violation of any provision of this chapter or the Uniform Dwelling Code.
(4) 
Double fees. 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.
C. 
Appeals. Any person feeling aggrieved by an order or a determination of the Building Inspector may appeal from such order or determination to the Town Board.
D. 
Liability of Town officials. Except as may otherwise be provided by the Statute or Section, no officer, agent or employee of the Town of Koshkonong charged with the enforcement of this chapter 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 chapter. Any suit brought against any officer, agent or employee of the Town as a result of any act required or permitted in the discharge of his duties under this chapter shall be defended by the legal representative of the Town until the final determination of the proceedings therein.
E. 
Penalties.
[Amended 3-13-2019 by Ord. No. 1]
(1) 
Any person who shall violate any of the provisions of this chapter shall, upon conviction of such violation, be subject to the penalties provided in § 1-3, General penalty.
(2) 
Other remedies.
(a) 
The Town shall have any and all other remedies afforded by the Wisconsin Statutes in addition to the forfeitures and costs of prosecution above.
(b) 
Execution against defendant's property. Whenever any person fails to pay a forfeiture and costs of prosecution upon the order of any court for violation of any ordinance of the Town, the court may, in lieu of ordering imprisonment of the defendant, or after the defendant has been released from custody, issue an execution against the property of the defendant for said forfeiture and costs.
(c) 
Violations of this chapter may be enforced in either Municipal Court (if one is created) or Circuit Court.