City of Amery, WI Building Construction

New buildings hereafter erected in, or any building hereafter moved within or into the City, 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. The provisions of this chapter supplement the laws of the State of Wisconsin pertaining to construction and use and Chapter 450, Zoning, of the City and amendments thereto to the date this chapter was adopted and in no way supersede or nullify such laws and the said Chapter 450, Zoning.

This code applies to all dwellings, commercial buildings/structures, swimming pools, garages, structures, buildings, and residential accessory buildings. Not included are children's play structures and agricultural buildings.

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

§ 193-2 Building permits and inspection.

Permit required.

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

Prior to commencing any of the following work, the owner or his/her agent shall obtain a valid permit for:

[1]

New buildings.

[2]

Additions that increase the physical dimensions of a building including decks.

[3]

Alterations to the building structure, cost shall include market labor value, or alterations to the building's heating, electrical or plumbing systems. Permits are required for re-siding. Exempted are re-roofing and finishing of interior surfaces, installation of cabinetry, and minor repair as deemed by the Building Inspector. However, unless structural calculations are provided, no more than two layers of roofing shall be installed on a roof.

[4]

Any electrical wiring for new construction or remodeling.

[5]

Any HVAC for new construction or remodeling.

[6]

Any plumbing for new construction or remodeling.

Exempt are normal repairs performed in Subsection A(1)(a)[1] through [6].

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.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

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 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. 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.

Application. Application for a building permit shall be made in writing upon a form furnished by the City Administrator/Clerk-Treasurer and shall include the name and address of the owner 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 an attached site plan or plot plan to scale showing the building location, the front, side and rear yard measurements, and such other information as the Building Inspector or Administrator/Clerk-Treasurer may require.

Site plan approval for multifamily and commercial structures.

Site plan approval. All applications for building permits for any construction, reconstruction, expansion or conversion, except for one- and two-family residences in residentially zoned districts shall require site plan approval by the Plan Commission in accordance with the requirements of this section, unless site plan review is required under Chapter 450, Zoning. 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 Building Inspector shall make a preliminary review of the application and plans requiring site plan review and refer them along with a report of his/her findings to the Plan Commission. The Plan Commission shall review the application and may refer the application and determine 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 Building Inspector 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 shall 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 nor impair the intent of 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. Reports may be required from the Zoning Administrator, Building Inspector, Fire Chief, Chief of Police and/or City Administrator/Clerk-Treasurer. Should additional facilities be needed, the Plan Commission shall not issue the final approval until the City has entered into an agreement with the applicant regarding the development of such facilities.

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

Dedicated street and approved subdivision required. 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 required improvements are accepted by the City Council.

Utilities required.

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 or Administrator/Clerk-Treasurer.

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.

Plans. With such application, there shall be submitted three 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 City 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 Wisconsin Department of Safety and Professional Services. One plan shall be submitted which shall remain on file in the office of the Building Inspector. 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.

Waiver of plans; minor repairs.

Waiver. If the Building Inspector finds that the character of the work is sufficiently described in the application, the Building Inspector may waive the filing of plans for alterations, repairs or moving, provided the cost of such work does not exceed $2,000.

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 with a fair market value of less than $1,000, as determined by the Building Inspector including market value of labor, which do not change the occupancy area, exterior aesthetic appearance, structural strength, fire protection, exits, light or ventilation of the building or structure without issuance of a building permit.

Approval of plans.

If the Building Inspector determines that the building will comply in every respect with all ordinances and orders of the City, he/she 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.

In case adequate plans are presented for part of the building only, the Building Inspector, at his/her discretion, may 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 18 months from the date of issuance thereof.

Inspection warrants. If the Building Inspector is denied access to inspect a property, he/she may request the City Attorney to seek an inspection warrant pursuant to § 66.0119, Wis. Stats.

Revocation of permits.

The Building Inspector or the City Council may revoke any building 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 has been issued to him/her.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

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

Whenever there is any violation of any condition or provisions 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 or certificate of occupancy given by the Building Inspector for the use of all new materials, equipment, methods of construction, devices or appliances.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

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 for the permit, owner of the premises and his/her agent, if any, and on the person having charge of construction.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

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

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/she may require for the preservation of life and safety.

Report of violations. City officers shall report at once 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.

§ 193-3 State Uniform Dwelling Code adopted.

Adoption of code.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

The Wisconsin Uniform Dwelling Code, Chapters SPS 320 to SPS 325 of the Wisconsin Administrative Code, and subsequent revisions are adopted for municipal enforcement.

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 this City. A copy of these Administrative Code provisions and any future amendments shall be kept on file in the City Building Inspector's office.

Existing buildings.

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

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

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

Additions and alterations.

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 § 193-2 shall also apply.

Any addition or alteration, regardless of cost, made to a building shall be made in conformity with applicable sections of this chapter.

Definitions. The following definitions shall be applicable in this section:

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 Wisconsin Department of Safety and Professional Services.

DWELLING

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

ONE- OR TWO-FAMILY DWELLING

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.

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:

Chapter SPS 320, Administration and Enforcement

Chapter SPS 321, Construction Standards

Chapter SPS 322, Energy Conservation

Chapter SPS 323, Heating, Ventilating and Air Conditioning

Chapter SPS 324, Electrical Standards

Chapter SPS 325, Plumbing

Method of enforcement.

Certified inspector to enforce. The Building Inspector and his/her 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.

Subordinates. The Building Inspector may appoint, as necessary, subordinates as authorized by the City Council.

Duties. The Building Inspector shall administer and enforce all provisions of this chapter and the Uniform Dwelling 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/her agent while in performance of his/her duties.

§ 193-4 Electrical permits.

State code applies. All electrical work, including the placing of wires and other equipment, shall conform to the Wisconsin State Electrical Code, adopted by the Department of Safety and Professional Services, which is adopted in § 193-6.

Permit. No electrical 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, and all later deviations from such plan must be submitted to and approved by the Building Inspector.

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, it shall be the duty of the person doing such work to notify the Building Inspector who shall inspect the same. Upon completion of such wiring the Inspector shall be notified and shall inspect the finished work. If he/she finds that the work conforms to the State Electrical Code, he/she 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 City Administrator/Clerk-Treasurer. It shall be unlawful to use any such electrical equipment until such certificate has been issued.

§ 193-5 Plumbing permits.

Conformance with state code. The construction, reconstruction, installation and alteration of all plumbing, drainage and plumbing ventilation shall conform to Ch. SPS 382, Wis. Adm. Code (State Plumbing Code), adopted in § 193-6.

Permit. No plumbing or drainage of any kind shall be installed or altered, except that leakage or stoppage repairs may be made, without first securing a permit therefor from the Building Inspector. 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 for such plan must be submitted to and approved by the Building Inspector.

Licensed plumber required. All plumbing work shall be done only by a plumber licensed by the Department of Safety and Professional Services, except that a property owner may make repairs or installation in a single-family building owned and occupied by him/her as his/her home, provided that a permit is issued and the work is done in compliance with the provisions of this section.

Inspection of work. Upon completion of the plumbing work on any premises, the person doing such work shall notify the Building Inspector before such work is covered up, and the Building Inspector shall inspect within 24 hours or cause to be inspected the work. If he/she finds that the work conforms to the State Plumbing Code, he/she 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 by location in the office of the City Administrator/Clerk-Treasurer. No person shall use or permit to be used any plumbing or drainage until it has been inspected and approved by the Building Inspector.

§ 193-6 Construction standards; codes adopted.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

The following chapters of the Wisconsin Administrative Code and subsequent revisions are adopted for municipal enforcement. 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 a part of this chapter. A copy of these Administrative Code provisions and amendments thereto shall be kept on file in the office of the Building Inspector.

Chapter SPS 305, Licenses, Certifications and Registrations.

Chapter SPS 316, Electrical.

Chapters SPS 361 to SPS 366, Commercial Building Code.

Chapters SPS 375 to SPS 379, Buildings Constructed Prior to 1914.

Chapters SPS 381 to SPS 387, Plumbing.

By virtue of adopting § SPS 361.05, Wis. Adm. Code, the following codes are also adopted and incorporated by reference:

IBC. The International Building Code^® 2015, subject to the modifications specified in Chs. SPS 361 and SPS 362, Wis. Adm. Code.

IECC. The International Energy Conservation Code^® 2015, subject to the modifications specified in Chs. SPS 361 and SPS 363, Wis. Adm. Code.

IMC. The International Mechanical Code^® 2015, subject to the modifications specified in Chs. SPS 361 and SPS 364, Wis. Adm. Code.

IFGC. The International Fuel Gas Code^® 2015, subject to the modifications specified in Chs. SPS 361 and SPS 365, Wis. Adm. Code.

IEBC. The International Existing Building Code^® 2015, subject to the modifications specified in Chs. SPS 361 and SPS 366, Wis. Adm. Code.

State Plumbing Code adopted. The provisions and regulations of Ch. 145, Wis. Stats., and Chs. SPS 381 to SPS 387, 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 City. Any further amendments, revisions and modifications of said Wisconsin Statutes and Administrative Code provisions incorporated herein are intended to be made part of this chapter.

State Electrical Code adopted. 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 § 193-3 above.

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

§ 193-7 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 Wisconsin Department of Safety and Professional Services for use in buildings or structures covered by the Wisconsin State Building Code, except sanitary appliances, which shall be approved in accordance with the State Plumbing Code.

Such materials, methods of construction and devices, when approved, must be installed or used in strict compliance with the manufacturer's specifications and any rules or conditions of use established by the Wisconsin 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 Wisconsin Department of Safety and Professional Services.

§ 193-8 Unsafe buildings.

Whenever the City Council finds any building or part thereof within the City to be, in its judgment, so old, dilapidated or out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human occupancy or use and so that it would be unreasonable to repair the same, it shall order the owner to raze and remove such building or part thereof or, if it can be made safe by repairs, to repair and make safe and sanitary, or to raze and remove at the owner's option. Such order and proceedings shall be as provided in § 66.0413, Wis. Stats.

§ 193-9 Disclaimer on inspections.

The purpose of the inspections under this chapter is to improve the quality of housing in the City of Amery. 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."

§ 193-10 Regulation and permit for razing buildings.

Demolition permit required. All persons who demolish or cause to be demolished any structure or part of a structure larger than 400 square feet within the City of Amery shall apply for and obtain a demolition permit from the Building Inspector prior to undertaking any steps to demolish the structure. The fee for such permit shall be as prescribed in the Schedule of Fees.

Application.

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 date of application and, if different, on 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 Ch. NR 661, Wis. Adm. 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 the 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 permit for demolition, 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.

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

Clearing and leveling the site.

When any such building is razed or removed, all subsurface structures, improvements and portions thereof, including but not limited to foundations, footings, water and sewage pipes, etc., shall be removed, except to the extent that the same are to be used for the construction of a new building or other structure thereon, after certification of the Building Inspector that the same are safe for such use. The site of any demolition shall be properly cleared of debris, rubbish and pavement and shall be properly graded and leveled to conform with 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/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 filling any excavation.

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 the 72 hours after written notice, the permit holder, owner or his/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 City provided that a written copy of the opinion is delivered to the City Administrator/Clerk-Treasurer at least 48 hours before filling of the excavation commences.

Removal and disposal. 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.

Miscellaneous provisions.

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.

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.

All debris must be hauled away at the end of each week for the work that was done on that week. Combustible material shall not be used for backfill but shall be hauled away. There shall not be any burning of materials on the site of the razed building.

If any razing or removal operation under this section results in, or would likely result in, an excessive amount of dust particles in the air creating a nuisance in the vicinity thereof, the permittee shall take all necessary steps, by use of water spraying or other appropriate means, to eliminate such nuisance.

The permittee shall take all necessary steps, prior to the razing of a building, through the employment of a qualified person in the field of pest control or by other appropriate means, to treat the building as to prevent the spread and migration of rodents and insects therefrom during and after the razing operations.

§ 193-11 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 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 three months shall be deemed abandoned and a nuisance and the Building Inspector shall order that unless the erection of the building or structure on the excavation or foundation shall commence or continue forthwith suitable safeguards shall be provided to prevent accidental injury to children or other frequenters or that the excavation or foundation be filled to grade. Such order shall be served upon the owner of record or the owner's agent, where an agent is in charge of the premises, and upon the holder of an encumbrance of record in the manner provided for service of a summons in the Circuit Court. If the owner or the holder of an encumbrance of record cannot be found, the order may be served by posting it on the premises and publication in the official newspaper for two consecutive publications at least 10 days before the time for compliance stated in the order commences to run. Such time shall be not less than 14 nor more than 20 days after service. If the owner of the land fails to comply with the order within the time required, the Building Inspector shall cause the excavation or foundation to be filled to grade. The cost of such abatement shall be charged against the real estate and entered on the next succeeding tax roll as a special charge and shall bear interest at a rate established by the City Council from the date of the report by the Building Inspector on the cost thereof, pursuant to the provisions of § 66.0627, Wis. Stats.

§ 193-12 Duplex and multi-service connections.

A duplex structure shall be allowed a common water service to the curb stop, but each unit of said duplex shall have a separate outside curb stop for the purpose of shutting water off in one unit without disturbing the second unit.

Structures over two units, if metered separately, shall also have individual outside curb stops for the purpose of shutting water off in one unit without disturbing other units.

A common sewer service can be used for duplex and multiple-unit structures from the sewer main to the structure.

§ 193-13 Regulations for moving buildings.

General requirements.

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

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

Issuance of moving permit shall further be conditioned on approval of the moving route by the City Council.

Moving damaged buildings. No building shall be repaired, altered or moved within or into the City that has deteriorated or has been damaged by any cause (including such moving and separation from its foundation and service connections in case of moved buildings) 50% or more of its equalized value and no permit shall be granted to repair, alter or move such building within or into the City. Furthermore, if the equalized assessed value of the building is not within 20% of the surrounding buildings where the building is proposed to be moved to, no permit shall be granted unless the building is improved to be within the 20%. Such determination shall be made by the Building Inspector, who may seek a recommendation from the City Assessor.

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 Building Inspector, who shall inspect the streets, highways and curbs and gutters over which said building has been moved and ascertain their condition. If the removal of said building has caused any damage to any 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 said permittee to do so within 10 days thereafter to the satisfaction of the City Council, the City shall repair the damage done to such streets and hold the person obtaining such permit and the sureties on his/her bond responsible for the payment of same.

Conformance with code. No permit shall be issued to move a building within or into the City and to establish it upon a location within the said City until the Building Inspector has made an investigation of such building at the location from which it is to be moved and is satisfied from such investigation that said building is in a sound and stable condition and of such construction that it will meet the requirements of this Building Code in all respects. A complete plan of all further repairs, improvements and remodeling with reference to such building shall be submitted to the Building Inspector, and he/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 Building Code and that, when the same are completed, the building as such will so comply with said Building Code. In the event a building is to be moved from the City to some point outside the boundaries thereof, the provisions with respect to the furnishing of plans and specifications for proposed alterations to such building may be disregarded.

Bond.

Before a permit is issued to move any building over any public way in the City, the party applying therefor shall give a bond to the City of Amery in a sum to be fixed by the Building Inspector and which shall not be less than $5,000, said bond to be executed by a corporate surety or two personal sureties to be approved by the City Council or designated agent conditioned upon, among other things, the indemnification to the City for any costs or expenses incurred by it in connection with any claims for damages to any persons or property, and the payment of any judgment together with the costs and expenses incurred by the City in connection therewith arising out of the removal of the building for which the permit is issued.

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 F(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.

Insurance. The Building Inspector shall require, in addition to said bond above indicated, public liability insurance covering injury to one person in the sum of not less than $500,000 and for one accident, aggregate not less than $1,000,000, together with property damage insurance in a sum not less than $500,000, or such other coverage as deemed necessary.

City Council approval.

No such permit shall be issued unless it has been found as a fact by the City Council 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 plans of the building to be moved, or moved and altered, will not be so at variance with either the exterior architectural appeal and functional plan of the buildings already constructed or in the course of construction in the immediate neighborhood or in the character of the applicable district established by the zoning ordinances of the City or any ordinance amendatory thereof or supplementary thereto as to cause a substantial depreciation of the property values of said neighborhood within said applicable district. In case the applicant proposes to alter the exterior of said building after moving the same, he/she shall submit, with his/her application papers, complete plans and specifications for the proposed alterations. Before a permit shall be issued for a building to be moved and altered, the applicant shall give a cash bond to the City Council, which shall not be less than $5,000, to be executed in the manner provided in Subsection F hereof, to the effect that he/she will, within a time to be set by the City Council, complete the proposed exterior alterations to said building in the manner set forth in his/her 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 City. No certificate of occupancy shall be issued for said building until the exterior alterations proposed to be made have been completed.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Upon application being made to the Building Inspector, he/she shall request a meeting of the City Council to consider applications for moving permits which he/she has found comply, in all respects, with all other ordinances of the City. The City Council may, if it desires, hear the applicant for the moving permit in question and/or the owner of the lot on which it is proposed to locate the building in question, together with any other persons, either residents or property owners, desiring to be heard, give such notice of hearing as it may deem sufficient. Such hearing may be adjourned for a reasonable length of time, and within 48 hours after the close of the hearing the City Council shall, in writing, make or refuse to make the finding required by Subsection H(1) hereof and file it in the office of City Administrator/Clerk-Treasurer, who shall send a copy of it to the Building Inspector.

§ 193-14 Construction sites; maintaining clean streets.

City streets are to be kept clean of dirt and debris from all construction sites. The primary contractor for any construction project shall be responsible for sweeping streets of debris within 24 hours of the incident. The City of Amery will clean said street(s) if the work is not done within 24 hours of the incident and charge the current established costs to the contractor for the work. Failure to pay said costs within 30 days of receipt of the billing shall be deemed a violation of this section and be subject to the penalty provisions of § 1-5 of this Code.

§ 193-15 Smoke detectors.

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

RESIDENTIAL BUILDING

Any public building which is used for sleeping or lodging purposes and includes any apartment house, rooming house, hotel, children's home, community-based residential facility or dormitory but does not include a hospital or nursing home.

SLEEPING AREA

The area of the unit in which the bedrooms or sleeping rooms are located. Bedrooms or sleeping rooms separated by another use area such as a kitchen or living room are separate sleeping areas but bedrooms or sleeping rooms separated by a bathroom are not separate sleeping areas.

SMOKE DETECTOR

A device which detects particles or products of combustion other than heat.

UNIT

A residential building or that part of a residential building which is intended to be used as a home, residence or sleeping place by one person or by two or more persons maintaining a common household, to the exclusion of all others.

Approved types. A smoke detector required under this section shall be approved by Underwriters Laboratories, Inc.

Installation and maintenance.

The owner of a residential building shall install any smoke detector required under this section according to the directions and specifications of the manufacturer of the smoke detector.

The owner of a residential building shall maintain any such smoke detector that is located in a common area of that residential building.

The occupant of a unit in a residential building shall maintain any smoke detector in that unit, except that if an occupant who is not an owner, or a City officer, agent or employee charged under statute or municipal ordinance with powers or duties involving inspection of real or personal property, gives written notice to the owner that a smoke detector in the unit is not functional the owner shall provide, within five days after receipt of that notice, any maintenance necessary to make that smoke detector functional.

General requirement. The owner of a residential building the initial construction of which is commenced before, on or after May 23, 1978, shall install and maintain a functional smoke detector in the basement and at the head of any stairway on each floor level of the building and shall install a functional smoke detector either in each sleeping area of each unit or elsewhere in the unit within six feet of each sleeping area and not in a kitchen.

Requirement for residences under one- and two-family dwelling code.

The owner of a dwelling shall install a functional smoke detector in the basement of the dwelling and on each floor level except the attic or storage area of each dwelling unit. The occupant of such a dwelling unit shall maintain any smoke detector in that unit, except that if any occupant who is not the owner, or any City officer, agent, or employee charged under statute or municipal ordinance with powers or duties involving inspection of real or personal property, gives written notice to the owner that the smoke detector is not functional the owner shall provide, within five days after receipt of that notice, any maintenance necessary to make that smoke detector functional.

City authorities may inspect new dwellings, may inspect the common areas of dwellings and, at the request of the owner or renter, may inspect the interior of a dwelling unit in a dwelling to ensure compliance with this section.

Manufactured homes; mobile homes. As prescribed by § 101.745, Wis. Stats., manufactured homes and mobile homes shall meet the smoke detector requirements of these statutes and this section.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

§ 193-16 Fees.

Fees. Fees shall be paid with application for the appropriate permit designated. Fee amounts shall be as established in the Schedule of Fees.

Special charge for failure or refusal to obtain building permit. Each person who fails or refuses, when required under this chapter, to apply for and obtain a building permit in advance of beginning construction of a building or other structure for which such a permit is required shall, in addition to the ordinary and customary fee established pursuant to this section, pay a special charge equal to double the amount of the building permit fee at the time that the permit is acquired but not to exceed $500 in total. Further, in the event that such a person fails or refuses to apply for and obtain such a permit, despite a demand from the Building Inspector to do so, the Building Inspector shall have the authority to post a cease-work order pending compliance with this section. The Building Inspector shall also have the authority, after notice has been given to an owner or occupant who has failed to obtain a building permit, to, upon approval of the City Council, refer the matter of the unpaid permit fee and special charge to the City Attorney for prosecution, in which event the City Attorney shall, in addition to seeking recovery of the fee and special charge, seek assessment by the court of the penalty under § 193-17.

§ 193-17 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 City Council and City Attorney, who shall bring an action to enjoin the erection, enlargement, alteration, repair or moving of such building or structure or the establishment of such use of buildings in violation of this chapter or to cause such building, structure or use to be removed, and such violation may also be subject to a penalty as provided in the general penalty provisions of § 1-5 of this Code of Ordinances. In any such action, the fact that a permit was issued shall not constitute a defense, nor shall any error, oversight or dereliction of duty on the part of the Building Inspector or other City officials constitute a defense. Compliance with the provisions of this chapter may also be enforced by injunctional order at the suit of the owner or owners of any real estate within the jurisdiction of this chapter.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Noncompliance; correction.

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.

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 City from maintaining any appropriate action to prevent or remove a violation of any provision of this chapter or the Uniform Dwelling Code.