Chapter 72 Building Construction

The Architectural Review Board consists of two Village Trustee members and three citizen members who shall be appointed periodically by the Village President with final approval by the Village Board. The Chairman shall be appointed by the Village President.

§ 72-3 Powers and duties of Building Inspector.

The Architectural Review Board shall meet as needed, subject to sufficient agenda items. All special meetings will be called by the Architectural Review Board Chairman.

Board review powers. The Village Building Inspector shall review all building permits for accuracy and completeness with regard to Village codes. All single-family and two-family residential home construction, reconstruction or addition plans are then to be submitted for review and approval by the Board. Board approvals do not supplant any other approval requirements established by private agreements or covenants of record.

[Amended 8-1-2006 by Ord. No. 655]

Power of police officer. The Building Inspector is hereby authorized and directed to enforce all of the provisions of this chapter and for such purposes has the powers of a police officer and in this capacity shall have the right to call for the aid of the Police Department.

Power to inspect premises. The Building Inspector or his authorized representatives may enter any building or premises upon presentation of the proper credentials for the purpose of inspection or to prevent violation of this chapter.

Power to stop building work. Whenever any building work is done contrary to conditions of permit issuance, the provisions of this chapter, any of the ordinances of the Village, state or federal laws, or where there is a failure to comply with approved plans and specifications, the Building Inspector may order the work stopped by notice in writing served on any persons engaged in doing the work, or by posting at the site of the work. Such person(s) shall immediately stop such work until authorized by the Building Inspector to recommence and proceed with the work.

Power to order building to be vacated. Whenever any 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 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 such notice or make the building or portion thereof comply with the requirements of this chapter; provided, however, that in the event of an emergency, Subsection E shall apply.

Power to condemn. Any building or portion thereof, including buildings or structures in process of erection, found to be dangerous to persons or property, unsafe for the purpose for which it is being used, in danger from fire due to defects in construction, dangerous for use because of insufficient means of egress in case of fire, which violates the provisions of this chapter due to removal, decay, deterioration or the falling off of any thing, appliance, device or requirement originally required by this chapter or which has become damaged by the elements of fire to an extent of 50% of its value, may be condemned by the Building Inspector. The Building Inspector may order portions of the structural frame of a building or structure to be exposed for inspection when, in his opinion, they are in an unsafe condition. In any of the aforesaid cases, the Building Inspector shall serve notice in writing on the owner, reputed owner or person in charge of such a building or premises, setting forth what must be done to make such building safe. The person receiving such notice shall commence, within 48 hours thereafter, to make the changes, repairs or alterations set out in such notice and diligently proceed with such work or demolish the building. The Building Inspector shall also affix a notice of such order in a conspicuous place on the outside wall of the building, and no person shall remove or deface such notice.

Powers when orders are ignored. If at the expiration of the time as set forth in the first notice the instructions as stated have not been complied with, a second notice shall be served personally upon the owner, his agent or the person in possession, charge or control of such building or structure or part thereof, stating therein such precautionary measures as may be necessary or advisable to place such building or structure or part thereof in a safe condition. Should the necessary changes not be made within 30 days after the service of such second notice, the Architectural Review Board may order the Building Inspector to proceed with the work specified in such notice. A statement of the cost of such work shall be transmitted to the Architectural Review Board, which shall cause the same to be paid and levied as a lien against the property. Proper service of either such notices shall be personal service upon the owner of record if he shall be within the Village. If he is not in the Village, such service may be had upon any person accustomed to collect rents on the property in question who may be in the Village and, in the absence of such a person, upon the tenant of the premises. In the event such premises are vacant and the owner is not in the Village, such service will be completed when the notice is sent by registered mail to the last known address of the owner. Whenever the owner, agent or tenant is a corporation or other legal entity, service may be upon an officer or member thereof or, in the absence of these, the local representative of such corporation or legal entity.

Duty to inspect. The Building Inspector shall inspect or cause to be inspected at various intervals during the erection, construction, enlarging, alteration, repairing, moving, demolition, conversion, occupancy and use all buildings or structures referred to in this chapter and located in the Village.

§ 72-4 Minimum building requirements.

[Amended 4-17-2001 by Ord. No. 565]

See Zoning Code for minimum building requirements.

§ 72-5 Violations and penalties.

Except as otherwise provided, any person found to be in violation of any provision of this chapter or any rule or regulation promulgated hereunder shall be subject to a penalty as provided in § 1-19 of this Code.

§ 72-6 Regulation of fences, walls, hedges and screening devices.

Fences, walls and other architectural screening devices, when attached to supports imbedded in the ground, shall be considered permanent structures, and any person desiring to erect any such fence, wall or architectural screening device within the Village shall first obtain a permit from the Public Works Superintendent or his or her designee.

[Amended 4-17-2001 by Ord. No. 565; 6-7-2016 by Ord. No. 766]

The Public Works Superintendent or his or her designee shall not issue a permit for a fence, wall or other architectural screening device until the Public Works Superintendent or his or her designee shall have first examined the plans and specifications for such fence, wall or screening device and shall have approved the same. If the Public Works Superintendent or his or her designee shall, upon due investigation, find that the fence, wall or screening device, by reason of appearance or other objectionable factor, creates a nuisance or a substantial adverse effect upon the property value or reasonable enjoyment of the surrounding property, such application shall be denied. The Public Works Superintendent or his or her designee shall recommend such changes in the fence, wall or screening device as shall in his or her opinion conform to these standards.

[Amended 6-7-2016 by Ord. No. 766]

Any person who shall cause such fence, wall or architectural screening device to be erected without first obtaining the permit therefor as herein provided shall be enjoined from such construction until such permit is obtained.

Any such fence, wall or other architectural screening device so erected without first obtaining a permit therefor is hereby declared a public nuisance, and the person who shall cause its construction shall after five days' notice remove the same. Upon failure to remove after five days' notice, the Village Board shall cause the same to be removed and the cost thereof charged to the person responsible for its erection. Upon failure to pay such costs of removal, the same shall be added to the tax roll and collected in the same manner as all other taxes.

A fence, wall, hedge or screening device shall not exceed six feet in height from the front setback line to the back of the lot.

[Amended 4-17-2001 by Ord. No. 565]

No person shall permit any natural growing hedge being used in place of a regularly constructed fence to exceed the height limits established herein.

Any person which shall erect or cause to be erected any fence or structure without first obtaining the necessary permit therefor as provided in this section or who shall permit a naturally growing hedge as described in Subsection F to exceed the height limitations shall, upon conviction thereof, forfeit not less than $50 nor more than $200, together with the costs of prosecution. In default of payment of such forfeiture and costs, such person shall be imprisoned in the county jail until payment thereof, but not to exceed five days. Each day that a violation is permitted to exist shall constitute a separate violation and may be enjoined at the suit of any interested party or at the suit of the Village.

§ 72-7 Attached garages.

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

ATTACHED PRIVATE GARAGE

A private garage attached directly to the principal building or attached by means of an enclosed breezeway, porch, terrace or vestibule, or a private garage so constructed as to form an integral part of the principal building.

ONE-HOUR FIRE RESISTIVE CONSTRUCTION

Includes the following assemblies and materials:

Four-inch brick or stone veneer.

Metal lath or perforated rock lath and 3/4 inch of plaster.

Five-eighths inch of vermiculite plaster board.

Garage requirement. An attached garage meeting the provisions contained in this section shall be required for all newly constructed one- and two-family residences.

Location. All attached garages must conform to all provisions of the Wisconsin Administrative Code as well as all provisions contained in the Zoning Ordinance.[1]

Editor's Note: See Ch. 205, Zoning.

Area. All attached garages shall have a minimum of 400 square feet.

Gasoline storage. Gasoline storage in a safety can of not more than five gallons' capacity is permitted.

§ 72-8 Building permit fees.

[Added by Ord. No. 466; amended by Ord. No. 501; 1-5-1999 by Ord. No. 527; 4-17-2001 by Ord. No. 565; 12-4-2001 by Ord. No. 577; 6-17-2003 by Ord. No. 595; 1-20-2004 by Ord. No. 610; 8-16-2005 by Ord. No. 636; 1-15-2008 by Ord. No. 675; 10-18-2011 by Ord. No. 720; 6-24-2014 by Ord. No. 748]

The fees for permits required by this chapter shall be as set by resolution of the Village Board.[1]

Editor's Note: See Ch. A211.

§ 72-9 Moving buildings.

[Added 6-17-2003 by Ord. No. 595]

Permit required. No person shall move any building into, within or from the Village without first obtaining a moving permit from the Public Works Director or the Director's designee, as provided herein.

Application for moving permit. Application for a moving permit shall be in writing upon a form furnished by the Public Works Director. An application shall provide the following:

The name and address of the owner of the building to be moved.

Character and size of the building to be moved.

Pictures of the building to be moved.

The present location of the building to be moved.

Reason for the move and the use, purpose and occupancy of the building to be moved.

Proposed route of travel.

The date by which the move will be completed and the building will be ready for occupancy if moved into or within the Village.

The name of the municipality to which the building is to be moved if moving outside the Village.

The legal description of the proposed premises to which the building is to be moved if within the Village.

Proof of permission to locate the building on such premises if within the Village.

A plat of survey showing the proposed location of the building on such premises if within the Village.

(12)

The zoning district in which the building is to be located if within the Village.

(13)

Proof of compliance with any other local, state or federal laws, ordinances or rules applicable to the moving of the building.

Plan commission review and determination.

Prior to the issuance of a moving permit, the Plan Commission shall review the moving permit application regarding the site to which the building is to be moved. Notice of the meeting at which the application will be reviewed shall be mailed to the last known address of the owners of property within 250 feet of the proposed site. The Plan Commission shall determine the following:

Whether the architecture and condition of the building proposed to be moved is compatible with the neighborhood of the proposed site in relation to the building's affect on values incident to ownership of land in that area; if not compatible, the application for a permit shall be denied.

The amount of the bond to be posted pursuant to § 72-9D.

Such other requirements necessary to make such building comply with the general welfare, beauty and harmony of the neighborhood.

The determination of the Plan Commission shall be set forth in writing and shall become a part of the moving permit, if issued.

Approval by Plan Commission shall not constitute approval by other entities with regulatory powers over such activities.

Bond and insurance. Before a moving permit may be issued, the applicant shall give a bond, certified check, cashier's check or money order to the Village in an amount not less than $500 or 10% of the assessed value of the building to be moved, whichever is greater. In addition to the bond indicated above, the applicant shall furnish written proof of public liability insurance in an amount not less than $1,000,000, together with property damage insurance in a sum not less than $100,000, or such other coverage as deemed necessary by the Village.

Permit issuance.

The Public Works Director or designee may issue a moving permit only after being provided with all of the following:

Written confirmation of Plan Commission approval pursuant to § 72-9C.

Written confirmation of Architectural Control Board approval required by Village ordinances.

A completed building permit application if the building is moved into or within the Village.

(d)

A bond and insurance pursuant to § 72-9D.

(e)

Written proof of payment of the permit fee.

(f)

Written proof of all other required permits.

COMMERICAL OR INDUSTRIAL BUILDING

The moving permit is valid for 90 days from the date of issuance.

Failure to complete. If the building move is not completed within 90 days of permit issuance or if the building is to be located within the Village and the building is not ready for occupancy within 90 days of issuance of the permit, the Village may, at its option, pursue any remedy available at law or equity, including but not limited to action for specific performance, action to abate a public nuisance, action to enforce any applicable Village ordinances and action for forfeiture. If the bond amount is insufficient to pay the costs incurred by the Village in pursuing any available remedy, the owner shall be responsible for the Village's costs incurred in excess of the bond amount, including but not limited to attorneys fees, costs of completion of the project and costs of removing or razing the building.

Site restoration. If a building is moved from a site within the Village, the owner shall submit a site restoration plan to the Public Works Director for review and approval. The foundation and all laterals must be removed within 90 days after the building is moved, and laterals shall be capped according to Village requirements.

Permit fee. The owner shall pay a moving permit fee as set forth in § 72-8 of this chapter.

§ 72-10 Property record maintenance.

[Added 10-18-2011 by Ord. No. 720]

Purpose. The purpose of this chapter is to provide for compliance with § 70.32(1), Wis. Stats., which requires that all properties that are issued building permits within the Village are field reviewed, described, and valued by "actual view." Each building permit requires assessment personnel to initially process existing records or create new records, physically review, on site, the purpose of each building permit to document all property description additions and/or alterations, and process the information gathered in the field to determine an assessed value.

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

A building or structure that houses a business or industrial use, enterprise, or activity at a greater scale than home occupation or involving the manufacturing of, distribution of, retail or wholesale marketing of, goods or services.

DWELLING UNIT

A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, cooking, and sanitation.

MULTIFAMILY RESIDENTIAL BUILDING

A single building or structure containing more than one dwelling unit under single ownership and in which the owner rents or leases the right to occupy any of the dwelling units to a tenant(s).

RESIDENTIAL

Used by occupants as a home, abode, domicile, or dwelling that has housekeeping and cooking facilities for the occupants only. A residential property may have multiple dwelling units.

RESIDENTIAL CONDOMINIUM

A multiple dwelling or development containing individually owned dwelling units and jointly owned and shared areas and facilities.

Required property record maintenance fees. Every person receiving an approved building permit from the Village where the Village Assessor is required to physically view on site any descriptive change in an effort to maintain the property record shall pay a property maintenance fee as set by resolution of the Village Board.

[Amended 6-24-2014 by Ord. No. 748[1]]

§ 72-11 Demolition of buildings and structures.

Editor's Note: This ordinance also repealed former Subsection D, Schedule of fees. See now Ch. A211.

(Reserved)

(Reserved)[2]

[2]

Editor’s Note: Former Subsection E, regarding fee increases, was repealed 10-7-2014 by Ord. No. 752. See now Ch. A211.

[Added 11-4-2020 by Ord. No. 805]

Purpose. The purpose of this section is to regulate the demolition or razing of vacated buildings and structures. The Village finds that such demolition may result in the complete abandonment of property and reduce the chance that such property will in the future be devoted to any productive or enjoyable private or public use, and therefore cause conditions which will create health and public safety hazards and aggravate blight, interfere with the enjoyment of and reduce the value of private property, and interfere with the safety and welfare of the public.

Demolition permit required. No person, firm or entity may cause the demolition of any structure or part of a structure, or undertake any steps to demolish such structure, without having first applied for and obtained a demolition permit from the Building Inspector as provided for in this section. A demolition permit is valid for 90 days from issuance, except that the Building Inspector may grant one thirty-day extension for cause.

Application for permit. An application for a demolition permit shall include the following information:

The address of the structure to be demolished;

The name, address and phone number of the owner of the structure on the date of application and, if different, on the date of commencement of demolition;

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

A projected schedule that provides for carrying out all work as expeditiously as possible, including the dates on which demolition work is to commence and be completed;

Site plans showing features to be removed or retained, including existing and proposed landscaping, utilities, and site restoration. The site plan must also show fencing and other safety measures to be utilized and work staging areas;

A list of all hazardous waste and hazardous and toxic substances (as defined by Ch. NR 706, Wis. Adm. Code, as amended) contained in the structure, a statement as to whether the structure contains lead or asbestos (as defined by Ch. NR 445, Wis. Adm. Code, as amended), and a detailed description of the method to be used in removing, transporting and disposing of any hazardous waste, hazardous and toxic substances, lead and asbestos;

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

A description of the method of demolition to be used;

A plan to control water runoff and soil erosion from the site to neighboring properties;

A plan for controlling dust and debris not covered by the water runoff and soil erosion control plan;

Irrevocable permission for the Building Inspector or other Village personnel to enter onto the property subject to the permit during the time the permit is under application or in effect to conduct such inspections as are necessary.

Irrevocable standby letter of credit. As a condition of issuance of the permit, the permit holder shall provide to the Village and maintain in effect an irrevocable standby letter of credit naming the Village as beneficiary, in an amount required by the Plan Commission and in a form approved by the Village Attorney. The irrevocable standby letter of credit shall be the guarantee of performance by the permit holder. The irrevocable standby letter of credit must be issued by a financial institution certified by the state to conduct such business within the State of Wisconsin, allowing for direct draw by the Village upon presentment to the issuing bank, without court action and without approval by the permit holder, to complete work or to repair damage that was the obligation of the permit holder. The irrevocable standby letter of credit must contain as part of its provisions that it will be maintained constantly in force as an obligation to the Village for no less than one year after project completion as reasonably determined by the Plan Commission or one year after the expiration of a permit issued under this section to the permit holder, whichever is later. In considering the required amount of the irrevocable standby letter of credit, the Plan Commission shall consider the recommendation of Village staff; the expertise of the applicant; the longevity of the applicant; the capitalization of the applicant; the scope of the proposed project; the cost of rectifying the possible environmental hazards that could be created; the effect of the proposed operation on the surrounding neighborhood; and the cost of remediation of the Village should the Village have to address any matter due to the unwillingness or inability of the permit holder to fulfill its obligations. The Plan Commission may annually, upon documented request of the permit holder, review the pertinent facts and decide to reduce the amount of the required letter of credit in accordance with work completed or threats mitigated. In the event that the Plan Commission determines that the requirements to obtain an irrevocable standby letter of credit are unreasonable, the Plan Commission may, in the exercise of its discretion, authorize one or more alternate forms of security in lieu of an irrevocable standby letter of credit.

Insurance. As a condition of the permit, a permit holder shall maintain insurance policies during the life of the permit in the following minimum amounts, which policies shall name the Village as additional insured and provide coverage for work performed on the property or associated with the work under the permit, and shall provide certificates issued by the carriers as proof of all required coverages:

Commercial general liability: $2,000,000.

Automobile liability (owned, nonowned, leased):

Bodily injury: $1,000,000 each occurrence.

Property damage: $1,000,000 each occurrence.

Pollution legal liability: $5,000,000 each loss where risk is presented of exacerbation of existing environmental pollution or discharge of any hazardous waste to the environment or asbestos removal abatement, remediation, or dumping/disposal in a federal- or state-regulated facility is required; the Village may require a greater or lesser minimum amount of pollution legal liability insurance policy, depending on the circumstances of the project that is the subject of the permit.

Workers' compensation: statutory limits.

Umbrella liability: $2,000,000 over the primary insurance coverages listed above.

Inspection prior to demolition. In performing any inspection in connection with the demolition of a structure, the Building Inspector shall confirm that the following work is done, that the work is done by permit (if required), and that the work is done to the satisfaction of the Public Works Superintendent or appropriate utility superintendent:

Water service shall be disconnected at the main, unless the service will be reused and is in good condition, and Village personnel shall perform a final meter reading and remove the water meter;

Sewer laterals shall be capped at the main, unless the lateral will be reused and is in good condition;

Sites shall be marked by Digger's Hotline, and the work plan shall give due consideration to conditions determined by Digger's Hotline;

Private utilities shall be disconnected, including, but not limited to, electric, gas, and telephone;

Procedures and requirements of the Wisconsin Administrative Code regarding asbestos shall be followed and a copy of the survey report and DNR approval provided;

Properties shall be checked for, and materials shall be removed as required by, the DNR's Pre-Demolition Environmental Checklist, as amended from time to time;

An erosion control plan shall be in place that includes provisions for addressing airborne dust and debris;

Fencing and other site safety measures as prescribed by the Building Inspector shall be in place.

Inspection after demolition and prior to backfilling. In removing a structure's foundation in connection with the demolition of a structure, the Building Inspector shall confirm that the following work is done:

For the demolition of a residential structure, all underground installations, including walls, foundations, footings and basement floors, were removed. All existing slabs at the grade used in connection with the structures being demolished were removed. Notwithstanding the foregoing, finely broken material of not larger than 1/2 square foot on any side may be utilized for fill to the extent not otherwise prohibited by law; and

For the demolition of a nonresidential structure, all underground installations, including foundations, footings, basement floors, grade beams, walls, piers, caissons, and piles, shall be removed to a depth of two feet below the lowest usable level of the structure being demolished. If underground installations remain below two feet below the lowest usable level of the structure being demolished, the Building Inspector shall confirm that a certified site plan identifying the location of such underground installations was filed with the Building Inspector.

Inspection following backfilling and site restoration. After backfilling and site restoration are completed with respect to the demolition of a structure, the Building Inspector shall confirm the following:

Temporary fencing, safety, erosion and dust control, and other pertinent measures shall be taken as directed by the Building Inspector if the site is to be backfilled or built upon with a new substantial structure within 10 days;

The site shall be completely secured by an approved fence and such other safety, erosion and dust control, and other pertinent measures shall be taken as prescribed by the Building Inspector if the site is to be backfilled or built upon with a new substantial structure within 11 to 30 days;

The site shall be backfilled and graded to match and accommodate the surroundings and promote good drainage within the property to preclude blockage of existing drainage from other parcels and preclude the discharge of drainage from the site onto adjacent parcels. The site shall be sodded or seeded and strawed, or otherwise landscaped, to be compatible with the neighborhood if the site is not to built upon within 30 days.

General conditions for demolition projects. The following general conditions are applicable to all demolition projects:

All work must be conducted in a manner that protects life and property, including neighboring parcels and public property. The demolition contractor(s) shall provide and maintain barricades, lights, fencing, flagmen, watchmen, and such other facilities or personnel as may be necessary and prescribed by the Building Inspector;

Approved fencing shall be strong and secure, a minimum of six feet high, completely surrounding the work area, and of a design and construction so that there is no opening larger than a six-inch sphere from the ground to the top of the fence. If there is a locked gate, provision must be made so the Building Inspector and other Village personnel have access at all times;

Existing trees, shrubs and grass areas that do not have to be disturbed must be preserved, including replacement if damaged in conjunction with demolition work;

All dry mortar, lime, brick dust, or other flying material, before and during removal, must be dampened sufficiently to prevent it from floating or being blown into the street or on adjoining property, and all sidewalks must be protected by fences and scaffolds to the satisfaction of the Building Inspector;

The owner and/or contractor is responsible for cleaning and repairing streets, curbs, driveways, sidewalks, and alleys that are damaged or soiled, or upon which materials were deposited as a result of any demolition activity, to the satisfaction of the Building Inspector;

Waste material and rubbish may not be stored or allowed to accumulate within the structure or in the immediate vicinity, but shall be removed from the property as rapidly as practicable. All materials must be removed from the premises in a safe manner and in compliance with all ordinances, statutes and regulations;

Burning and/or brick cleaning are not permitted on the work site;

No decomposable material or material that contains debris may be used as fill;

The owner is responsible for the successful germination of seed and ongoing condition of the site until vegetation is reestablished, including dust control and erosion control;

The contractor shall furnish and maintain ample sanitary facilities for workers;

§ 72-12 Removal of salvageable nonstructural materials from vacated buildings.

All wells, underground storage tanks, septic tanks, and other subterranean structures must be abandoned or removed in accordance with this section and applicable local, state and federal law;

(12)

No material may be stored in the public right-of-way without approval of the Public Works Superintendent;

(13)

The site shall be restored and backfilled, or construction of a new permitted structure commenced, within 30 days of completion of demolition;

(14)

Upon failure of the owner to comply with this section, the Building Inspector may enter upon the property with such assistance as may be necessary, causing the existing conditions to be corrected and the cost thereof charged against the property; the lien thereon will be collected as a special charge.

Permit fee. At the time the application for a demolition permit is filed, the applicant shall pay the fee established by resolution of the Village Board.

[Added 11-4-2020 by Ord. No. 805]

Purpose. The purpose of this section is to regulate the removal of salvageable materials from vacated buildings, not otherwise occurring as part of an approved demolition plan or for the purposes of remodeling, for any purpose other than personal reuse by the property owner or personal reuse or required removal by a tenant of the property from which it was removed, without immediate functional replacement thereof.

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

OPERATOR

Any person, corporation or other business entity or holder of a security interest that undertakes the removal of salvageable material from a vacated building within the jurisdictional limits of the Village or which directs or allows such removal.

SALVAGEABLE MATERIAL

Real or tangible personal property that is man-made; is affixed to real property or any improvement to real property; is detachable from real property or any improvement to real property; and is removed for potential or intended reuse, repurposing or scrap. Such materials shall include any such materials that were detached from real property or any improvement to real property without a permit after the effective date of this section.

VACATED BUILDING

A building or structure, or portion of a building or structure, that had a principal nonresidential use as its most recent use allowed by law, which principal use has ceased. The cessation of the primary activities constituting the principal use shall be determinative of whether the principal use had ceased. The presence of personnel in the building or structure is not determinative of whether the use has ceased.

Exclusions. This section does not apply to the following:

Salvaging operations at structures where its most recent allowable use by law was residential;

Salvaging operations at nonresidential structures under 400 square feet;

Items/materials removed where replacement will occur as part of a remodeling process over time pursuant to a valid and subsisting building, heating, plumbing, or electrical permit;

Salvaging operations that occur as part of an approved demolition plan, pursuant to a valid demolition permit, in which the permit holder is obligated to complete said demolition within a specified time frame;

Equipment, items, or supplies removed by the property owner for personal reuse; and

Equipment, items or supplies owned and removed by the tenant during the term of a written lease.

Partial exemption. A partial exemption is allowed under this section for items and materials removed for the sole purpose of historical or cultural preservation. A request for exemption shall be filed with the Building Inspector on forms provided by the Village. The request for exemption shall include documentation of historical or cultural significance acceptable to the Building Inspector, which may include written request for preservation by a historical society or equivalent.

Permit. No person, corporation or other business entity or holder of a security interest may remove, direct the removal of, or allow to be removed any salvageable material from a vacated building unless such removal is performed pursuant to a permit issued by the Building Inspector to the applicant pursuant to this section. The property owner and permit holder shall be jointly responsible for complying with any permit issued pursuant to this section.

Permit application.

The applicant may be the owner of the real estate, or a contractor hired by the owner, tenant or the holder of a security interest in the property, vacated building or structure, or the salvageable material. Under all circumstances, the applicant, if other than the owner, shall be jointly and severally responsible for compliance with the terms of this section.

Application for a permit, whether initial or renewal, shall be filed with the Building Inspector on forms provided by the Village. The application shall include:

Location and square footage of occupiable space in the building(s).

Name, address and contact information of the owner of the building(s).

Names, addresses and contact information for contractors engaged to carry out the activity.

(d)

Plan for removal of salvageable material, including the following details:

Project schedule and budget.

[2]

Inventory and projected quantities (by weight or volume) of materials to be removed from the building for salvage purposes.

[3]

Proposed disposition of salvageable materials.

[4]

Dust, noise and odor control.

[5]

Hours of operation.

[6]

Fire suppression.

[7]

Traffic safety and public infrastructure protection.

[8]

Site security.

[9]

Building and grounds management and restoration.

[10]

Proposed post-salvage property ownership and use, if known.

(e)

Plan for removal of hazardous wastes/materials.

Hazardous materials inventory, including raw materials, waste materials, asbestos-containing materials, and (with respect to any portion of the building, structure or salvageable material to be altered in the course of the work) an inventory of lead-painted surfaces and PCB-containing materials.

[2]

Hazardous materials handling, management and disposal prior to salvaging.

[3]

Proposed environmental monitoring or remediation.

(f)

Plan for disposal of waste, including proposed disposition.

(g)

Proof of required demolition/renovation notifications to the appropriate state regulatory agencies.

(h)

Such other information as may be required by the Building Inspector.

(i)

A permit fee must accompany the application. Permit fees shall be as established by resolution of the Village Board.

Permit approval. Permit applications for a vacated building shall be reviewed by the Building Inspector and decided upon by the Village Plan Commission. The Building Inspector shall make a recommendation to the Plan Commission, who shall consider the following matters in granting the permit: the recommendation of the Building Inspector; the amount of the irrevocable standby letter of credit to be required of the permit holder as a condition of issuance of the permit and as a requirement of operation; the justification for drawing against and content of the presentment required to draw against the irrevocable standby letter of credit; reasonable special operating requirements to be required of the permit holder in addition to those listed in Subsection J herein; the expertise of the applicant; the effect of the proposed operation on the surrounding neighborhood; the effect on the community of having a stripped structure remain; and such other matters germane to the decision. The Plan Commission shall consider the permit application only after receiving the recommendation of the Building Inspector and Village staff.

Irrevocable standby letter of credit. As a condition of issuance of the permit, the permit holder shall provide to the Village and maintain in effect an irrevocable standby letter of credit naming the Village as beneficiary, in an amount required by the Plan Commission and in a form approved by the Village Attorney. The irrevocable standby letter of credit shall be the guarantee of performance by the permit holder. The irrevocable standby letter of credit must be issued by a financial institution certified by the state to conduct such business within the State of Wisconsin, allowing for direct draw by the Village upon presentment to the issuing bank, without court action and without approval by permit holder, to complete work or to repair damage that was the obligation of the permit holder. The irrevocable standby letter of credit must contain as part of its provisions that it will be maintained constantly in force as an obligation to the Village for no less than one year after project completion as reasonably determined by the Plan Commission or one year after the expiration of a permit issued under this section to the permit holder, whichever is later. In considering the required amount of the irrevocable standby letter of credit, the Plan Commission shall consider the recommendation of Village staff; the expertise of the applicant; the longevity of the applicant; the capitalization of the applicant; the scope of the proposed project; the cost of rectifying the possible environmental hazards that could be created; the effect of the proposed operation on the surrounding neighborhood; and the cost of remediation of the Village should the Village have to address any matter due to the unwillingness or inability of the permit holder to fulfill its obligations. The Plan Commission may annually, upon documented request of the permit holder, review the pertinent facts and decide to reduce the amount of the required letter of credit in accordance with work completed or threats mitigated. In the event that the Plan Commission determines that the requirements to obtain an irrevocable standby letter of credit are unreasonable, the Plan Commission may, in the exercise of its discretion, authorize one or more alternate forms of security in lieu of an irrevocable standby letter of credit.

Permit term. The initial term of any permit issued under this section shall be 90 days from the date of issue. There is no right of permit renewal, but the permit may be renewed at the discretion of the Plan Commission upon application of a permit holder filed with the Village Clerk prior to expiration of the initial term or any renewal term. Each renewal may be granted for up to 90 days.

General operating requirements. The following general operating requirements shall apply to the permit holder and those working for the permit holder subject to terms of the permit in accordance with the provisions of this section:

The permit issued pursuant to this section shall be plainly displayed on the premises upon which the building is located.

The building and premises shall, at all times, be maintained in as clean, neat and sanitary of a condition as such premises will reasonably permit.

No garbage, refuse or other waste likely or susceptible to give off a foul odor or attract vermin shall be kept on the premises, except for domestic garbage kept in rodentproof covered containers which are removed from the premises as often as necessary to provide a sanitary, odor-free and vermin-free environment.

Work done under this permit shall be performed in accordance with the permit and is subject to inspection by the Building Inspector and other inspectors as provided in this section. Any violation of the permit shall be deemed a violation of this section.

As a condition of the permit, a permit holder shall maintain insurance policies during the life of the permit in the following minimum amounts, which policies shall name the Village as additional insured and provide coverage for work performed on the property or associated with the work under the permit, and shall provide certificates issued by the carriers as proof of all required coverages:

Commercial general liability: $2,000,000.

Automobile liability (owned, nonowned, leased). Combined single limit: $2,000,000.

Pollution legal liability: $1,000,000 each loss where risk is presented of exacerbation of existing environmental pollution or discharge of any hazardous waste to the environment or asbestos removal, abatement, remediation, or dumping/disposal in a federal- or state-regulated facility is required; the Village may require a greater or lesser minimum amount of pollution legal liability insurance policy, depending on the circumstances of the project that is the subject of the permit.

(d)

Workers' compensation: statutory limits.

(e)

Umbrella liability: $2,000,000 over the primary insurance coverages listed above.

The permit holder shall also ensure that subcontractors have appropriate insurance as determined by the Plan Commission. This may include coverage under the permit holder's policy, individual coverage, or a combination thereof. The Plan Commission may also require subcontractors to obtain separate permits pursuant to this section based on the type of proposed activities or extent or complexity of the salvaging activities proposed.

No scrap, salvage or debris which is temporarily stored on the premises shall be allowed to rest or protrude over any public rights-of-way or public property or become scattered about or blown off the premises.

No mechanized process whatsoever shall be utilized on premises to reduce the volume of salvageable material or debris after such salvageable material has been detached from the real property unless a special exception is provided by the Plan Commission in conjunction with a specific permit. Such prohibited mechanized processes include, but are not limited to, crushing and shredding.

There shall be strict compliance with Village ordinances related to noise control and dust and erosion control.

No premises or building subject to a permit shall be allowed to become a public nuisance or be operated in such a manner as to adversely affect the public safety, health, or welfare.

There shall be full compliance with all other Village, county, state and federal laws, rules or regulations which may be applicable.

(12)

The permit holder shall, during the salvage process, maintain the work site in a safe and secure condition.

(13)

The permit holder shall promptly notify the Building Inspector of the identity, function and insurance coverage of any new contractor, subcontractor or other person or entity not specifically identified in the permit that is conducting operations at the property related to removal of salvageable material.

(14)

The permit holder shall identify, handle, manage, store, and dispose of all wastes, lead, asbestos, waste oils, hazardous materials and hazardous substances as provided in the approved permit plan and as otherwise directed by the Village should changing conditions require additional work or precautions to protect the public safety, health or welfare or comply with any other applicable ordinance, law or regulation.

(15)

The permit holder shall dispose of building debris in a licensed landfill, except for salvaged and recycled materials.

(16)

At any time, the permit holder shall produce to the Building Inspector documentation that disposition of materials occurred in compliance with the approved permit and disposition plans.

(17)

The permit holder shall be responsible for disconnections of utilities, including plumbing and electrical, necessary for safe conduct of the salvaging process and shall provide evidence that the necessary disconnections have been accomplished.

(18)

The permit holder shall restore the site and/or vacated building to the conditions set forth in the approved permit.

(19)

The permit holder shall comply with all orders the Plan Commission imposed upon granting of the permit or at any other time.

(20)

The irrevocable standby letter of credit imposed as a condition of issuance of the permit shall be maintained in full force and effect at all times required by this section.

Inspections. Permit holders and property owners shall allow authorized inspection by representatives of any department of the Village and authorized representatives of the State of Wisconsin having enforcement powers to inspect the premises subject to the permit, with or without advance notice, as often as may be required to allow the representatives to perform their duties and assure compliance with this section as well as state and federal laws, without first obtaining a special inspection warrant. Inspections shall be made during normal hours of business operation except when the presence of emergency circumstances requires prompt action to protect the public health, safety, and welfare or to preserve evidence of noncompliance with this section or state or federal laws. The unreasonable failure to allow inspections shall be grounds for denial, suspension or revocation of the permit.

Cessation order. If, in the opinion of the Building Inspector, the public is subject to imminent danger due to violation of any one or combination of more than one of the general operating requirements, the Building Inspector shall issue an order to the violator or the permit holder requiring immediate cessation of those operations giving rise to the imminent danger. The recipient of any such order shall cause such operations to cease as directed by the Building Inspector. Failure to maintain insurance or a letter of credit as required, or to permit inspection as required, are each per se violations implicating imminent danger to the public necessitating an order to cease all operations. In the event an order to the permit holder requiring immediate cessation is issued by the Building Inspector, such order may be appealed to the Plan Commission. The permit holder may submit an appeal, in writing, to the Village Clerk, setting forth the basis for the appeal. The Plan Commission shall hold a hearing on the appeal and provide notice of the hearing to the appellant at least 10 days prior to the hearing. The Plan Commission, after hearing from the Building Inspector, the permit holder, and the public, shall affirm the order, reverse the order, or modify the order.

Nonrenewal, suspension, or revocation hearings. There is no right or expectation of permit renewal. The permit may be renewed at the discretion of the Plan Commission upon application of a permit holder as described in Subsection I. Nonrenewal, suspension, and revocation appeal hearings shall be held before the Plan Commission, which shall submit a report to the Village Board, including findings of fact, conclusions of law, and a recommendation as to what action, if any, the Village Board should take with respect to the permit. The Plan Commission shall provide the Building Inspector and the permit holder with a copy of the report. Either the Building Inspector or permit holder may make an objection, orally or in writing, to the report and shall have the opportunity to present arguments supporting the objection to the Village Board. The Village Board shall determine whether the arguments shall be presented orally or in writing, or both. If the Village Board, after considering the Plan Commission's report and any arguments presented by the Building Inspector and permit holder, finds the complaint to be true, or if there is no objection to a report recommending a suspension, revocation or nonrenewal, the permit shall be suspended, revoked or not renewed as provided by law. If the Village Board finds the complaint untrue, the proceedings shall be dismissed without cost to the accused. The Village Clerk shall give notice of each suspension, revocation or nonrenewal to the party whose permit is affected.

Violations and liability.

It shall be a violation of this section to perform, conduct, direct or allow removal of salvageable material except in conformance with a valid permit issued pursuant to this section.

It shall be a violation of this section to disobey or act contrary to any order issued pursuant to this section.

The property owner and permit holder shall be jointly and severally liable for any violation of this section and any violation of any condition of a permit pursuant to this section, whether caused by act or omission, including applicable fines and penalties, together with the Village's costs of enforcement, including attorneys' fees.

§ 72-13 Recovery of Village costs and expenses.

Any operator involved in the violation of this section shall be found to have committed a separate violation for which it shall be fully liable, including applicable fines and penalties, together with the Village's costs of enforcement, including attorneys' fees.

Enforcement. The Building Inspector shall have the primary responsibility to enforce this section. Any violation of this section constitutes a public nuisance and, in addition to any other remedies provided or allowed, the Village may apply to a court of competent jurisdiction for injunctive relief and the assessment of damages, including attorney's fees and costs.

[Added 11-4-2020 by Ord. No. 805]

General provision. In addition to any other fees to be paid in conjunction with the filing of an application for a permit under § 72-11 or 72-12, the person, firm or entity applying for such permit shall compensate the Village for all costs and expenses the Village incurs in consideration of the application and for inspections and oversight related to such permit. The obligation to compensate the Village for its costs and expenses shall also extend to presubmission discussions with the Village or its representatives which precede a permit application.

Applicant certification. Before the Village shall incur any costs or expenses as described herein, the permit applicant shall sign an acknowledgment on a form provided by the Village Clerk stating the applicant's responsibility for Village costs and expenses directly or indirectly related to the application and to inspections and oversight related to the permit.

Costs recoverable. All costs and expenses incurred by the Village in consideration of a permit application and for inspections or oversight related to the permit under § 72-11 or 72-12 shall be recoverable, including, without limitation by enumeration, the following:

All fees for services of professionals and technical consultants retained by the Village and rendered in review of the application, including, but not limited to, Village Engineer, Village Attorney, Building Inspector, or other professionals or experts;

Legal publication costs;