[HISTORY: Adopted by the Town Board of the Town of Greenville
(now Village Board of the Village of Greenville) 10-26-2020 by Ord. No. 09-20.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 85,
Building Construction, adopted 1-1-2006, as amended 10-13-2014.
This chapter shall be known as the "Building Code of Greenville"
and will be referred to in this chapter as "this code," this chapter"
or "this ordinance."
This chapter provides certain minimum standards, provisions
and requirements for safe and stable design, methods of construction
and uses of materials in buildings and/or structures hereafter erected,
constructed, enlarged, altered, repaired, moved, converted to other
uses or demolished and regulates the equipment, use and occupancy
of all such buildings.
New buildings hereafter erected in or any building hereafter moved within or into Greenville shall conform to all the requirements of this chapter except as they are herein specifically exempted from part or all of its provisions. Any alteration, enlargement or demolition of an existing building and any installation therein of electrical, gas, heating, plumbing, or ventilating equipment which affects the health or safety of the users thereof or any other persons is a new building to the extent of such change. Any existing building shall be considered a new building for the purposes of this chapter whenever it is used for dwelling, commercial or industrial purposes, unless it was being used for such purpose at the time this chapter was enacted. The provisions of this chapter supplement the law of the State of Wisconsin pertaining to construction and use and Chapter 320, Zoning, and amendments thereto to the date this chapter was adopted and in no way supersede or nullify such laws or said Chapter 320, Zoning.
[Amended 1-13-2020 by Ord. No. 02-20]
The Wisconsin State Building Codes, Wisconsin Administrative
Code Chapters SPS 301 to 399, are adopted by reference as a part of
this chapter and shall be referred to in this chapter as "Building
Code." Any future amendments, revisions or modifications of these
codes are intended to be made part of this chapter. A violation of
any provision thereof shall be a violation of this chapter. This shall
apply to all new and existing buildings and structures.
A.
General permit requirement. All new buildings or structures, or any
part thereof, that are erected, or ground broken for the same, or
enlarged, altered, repaired, moved, demolished, razed or used within
Greenville, except as provided in this chapter, shall require a permit
be obtained by the owner, or their authorized agent, from the Building
Inspector.
B.
Repairs. Repairs for purposes of maintenance, or replacements in
any existing building or structure which do not involve the structural
portions of the building or structure or which do not affect room
arrangement, light and ventilation, access to or efficiency of any
existing stairways, or exits, fire protection, or exterior aesthetic
appearance and which do not increase a given occupancy of use shall
be deemed minor repairs.
C.
Application.
(1)
Application for a building permit shall be required in a format required
by the Building Inspector. The following information shall be submitted
with the application:
(a)
Construction plan in a format as required by the Building Inspector.
(b)
Site plan in compliance with Chapter 320 and format as required by the Community and Economic Development Department. The Community and Economic Development Director or designee shall have the discretion to determine what site plan requirements are applicable as requirements may vary due to type of project (i.e., residential v. nonresidential).
D.
Revocation of permits.
(1)
The Building Inspector or designee may revoke permits if compliance
with this chapter, the Building Code or the Greenville Municipal Code
are not met:
(a)
Whenever
the Inspector shall find at any time that applicable ordinances, laws,
orders, plans and specifications are not being complied with and the
holder of the permit refuses to conform after written warning or instruction
has been issued to him.
(b)
Whenever
the continuance of any construction becomes dangerous to life or property.
(c)
Whenever
there is any violation of any condition or provisions of the application
for permit or of the permit.
(d)
Whenever,
in the opinion of the 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 site plan on which the issuance of the permit or approval was based.
(f)
Whenever
there is a violation of any of the conditions of an approval or certificate
of occupancy given by the Building Inspector for the use of all new
materials, equipment, methods or construction devices or appliances.
(2)
The notice revoking a building, plumbing, heating or electrical permit
shall be in writing and may be served upon the applicant of the permit,
owner of the premises or his agent, if any, or on the person having
charge of construction.
(3)
A revocation placard shall also be posted upon the building, structure,
equipment or premises in question by the Inspector.
(4)
After the notice is served upon the persons as aforesaid and posted,
it shall be unlawful for any person to proceed thereafter with any
construction operation whatsoever on the premises, and the permit
which has been so revoked shall be null and void, and before any construction
or operation is again resumed, a new permit, as required by this chapter,
shall be procured and fees paid therefor, and thereafter the resumption
of any construction or operation shall be in compliance with the regulation
of this chapter. However, such work as the Inspector may order as
a condition precedent to the reissuance of the building permit may
be performed, or such work as he may require for the preservation
of life and safety.
E.
Display of permit. Building permits shall be displayed in a conspicuous
place on the premises where the authorized building or work is in
progress at all times during construction or work thereon.
A.
Payment of fees. No permit shall be issued until the fees, which
shall be set from time to time by the Greenville Board, have been
paid.
B.
Compliance with codes. The permit shall be authorization to proceed
with the work and shall not be construed as authority to violate,
cancel or set aside any of the provisions of this chapter or the Building
Code, except as specifically stipulated by modification of legally
granted variation as described in the application.
C.
Compliance with permit. All work shall conform to the approved application
and plans for which the permit has been issued and any approved amendments
thereto.
D.
Compliance with site plan. All new work shall be located strictly
in accordance with the approved site plan.
E.
Cleanliness; removal of debris. Every building shall be kept reasonably
clean during construction and after construction, and shall be kept
reasonably free from any accumulation of dirt, filth, rubbish, garbage,
excess building materials or other matter in or on the same, or in
the yards, courts, passages, areas of alleys connected with or belonging
to the same. Sidewalks and streets shall be kept clear and clean of
boards, nails or other debris, and shall be further kept clean of
accumulation of dirt, and mud or ground. The holder of the permit,
whether it be the owner of the premises upon which construction is
being undertaken or the general construction is being undertaken,
or the general contractor, or any subcontractor on said building project,
shall be responsible for hauling all rubbish and debris away from
the construction site, at the contractor's expense or the expense
of the subcontractor or the owner, as agreed between the parties,
all at no cost to Greenville. This section includes residential, commercial
and industrial construction and any remodeling of existing residential,
commercial and industrial properties.
F.
Damage to public property. If public property is damaged during the
course of construction, it shall be the responsibility of the property
owner to repair the damage as required by the Public Works Director.
If the damage is not repaired, Greenville may repair the damage and
assess the cost back to the property owner.
G.
Other conditions that may be required by the Building Inspector.
A.
Permit required. No building shall be moved over the streets or roads
of Greenville unless a permit has been granted by the Public Works
Director.
B.
Application.
(1)
Any person wishing to move a building over the roads or streets of
Greenville shall make application to the Public Works Director in
a letter of request. Such letters shall also be signed by the owner
of the property to where the building is to be moved.
(2)
The moving of the building shall be continuous during all hours of
the day and day by day if the Public Works Director so orders until
the moving is completed to cause the least possible obstruction to
the streets.
(3)
No building shall be allowed to remain overnight on any street crossing
or intersection.
(4)
Red warning lights shall be placed conspicuously at both ends of
the building during the night.
(5)
If a building being moved must remain stationary on a street for
any period of time, permission for such shall be obtained from Greenville.
C.
Permits to be granted. No permission shall be granted by Greenville
for the moving of buildings over the streets of Greenville without
certain conditions being met.
(1)
The axle load shall be such so that there is no damage to the road
surface as determined by the Public Works Director.
(2)
The building shall be of such length, height and width that it will
not interfere with power lines, trees, and other structures along
the route to be traveled.
(3)
The applicant shall be required to show evidence of public liability
and property damage insurance with limits of $25,000 for injury to
one person and $50,000 for one accident and $25,000 for property damage.
(4)
The applicant shall deposit with the Clerk a bond of $2,000 with
acceptable surety running to Greenville conditioned that he will save
and indemnify Greenville against any costs, expenses, or damages which
may in any way accrue against Greenville by reason of moving and will
keep Greenville harmless against all liabilities, judgments, costs
and expenses as a consequence of the granting of a permit.
D.
Inspector to be appointed. The mover of any building to whom permission
has been granted shall notify the Public Works Director of the time
when moving is to begin. The Public Works Director may appoint an
inspector to be present during the moving operations to supervise
such moving. The appointment of an inspector in no way relieves the
mover from any liability for damage that may be done during the moving
operation. The costs of the inspector and tree trimmers shall be billed
at actual cost to the mover.
E.
Buildings moved within Greenville.
(1)
The Building Inspector shall issue a building permit for the relocation
of said building in compliance with all building and zoning regulations.
F.
Whenever permission is issued for the moving of a building and a
police escort is required in the opinion of the Public Works Director,
the mover shall provide same at his expense.
A.
Dangerous and unsafe buildings. If a building is old, dilapidated
or out of repair and consequently dangerous, unsafe or otherwise unfit
for human habitation and unreasonable to repair, the Building Inspector
may order the owner of the building to raze the building or, if the
building can be made safe by reasonable repairs, order the owner to
either make the building safe and sanitary or to raze the building,
at the owner's option.
B.
Cessation of construction. If there has been a cessation of normal
construction of a building for a period of more than two years, the
Building Inspector may order the owner of the building to raze the
building.
C.
Notice of unfitness. If a building subject to an order under Subsection A of this section is unsanitary and unfit for human habitation, occupancy or use and is not in danger of structural collapse, the Building Inspector shall post a placard on the premises containing the following notice: "This Building May Not Be Used For Human Habitation, Occupancy or Use." The Building Inspector shall prohibit use of the building for human habitation, occupancy or use until necessary repairs have been made. Any person who rents, leases or occupies a building having been condemned for human habitation, occupancy or use shall be fined an amount as set from time to time by the Greenville Board.
D.
Reasonableness of repair. If the Building Inspector determines that
the cost of repairs of a building would exceed 50% of the assessed
value to the building divided by the ratio of the assessed value to
the recommended value as last published by the Department of Revenue,
the repairs are presumed unreasonable.
E.
Service of order. An order under Subsection A of this section shall be served on the owner of record of the building that is subject to the order or on the owner's agent if the agent is in charge of the building in the same manner as a summons is served in Circuit Court. An order under Subsection A shall be served on the holder of an encumbrance of record by first-class mail at the holder's last known address and by publication as a Class 1 notice under Chapter 985, Wis. Stats. If the owner and the owner's agent cannot be found or if the owner is deceased and an estate has not been opened, the order may be served by posting it on the main entrance of the building and by publishing it as a Class 1 notice under Chapter 985, Wis. Stats., before the time limit in the order begins to run. The time limit in the order begins to run from the date of service on the owner or owner's agent or, if the owner and agent cannot be found, from the date that the order was posted on the building.
F.
Effect of recording order. If a raze order issued under Subsection A of this section is recorded with the Register of Deeds, the order is considered to have been served, as of the date the raze order is recorded, on any person claiming an interest in the building or the real estate as a result of a conveyance from the owner of record unless the conveyance was recorded before the recording of the raze order.
G.
Failure to comply with order, razing building. An order shall specify
the time within which the owner of the building is required to comply
with the order and shall specify repairs, if any. If the owner fails
or refuses to comply within the time prescribed, the Building Inspector
may proceed to raze the building through any available public agency
or by contract or arrangement with private persons, or to secure the
building and, if necessary, the property on which the building is
located if unfit for human habilitation, occupancy or use. The cost
of razing or securing the building and, if necessary, the property
on which the building is located if unfit for human habitation, occupancy
or use may be charged in full or in part against the real estate upon
which the building is located, and if that cost is so charged, it
is a lien upon the real estate and may be assessed and collected as
a special tax. Any portion of the cost charged against the real estate
that is not reimbursed from funds withheld from an insurance settlement
may be assessed and collected as a special tax.
A.
Vacating buildings. When, in the opinion of the Building Inspector,
there is actual and immediate danger of failure or collapse of a building
or structure or part thereof which would endanger life, or when any
structure or part of a structure has fallen and life is endangered
by the occupation of the building, the Building Inspector may order
and require the occupants to vacate the same forthwith. The Building
Inspector shall cause to be posted at each entrance to such buildings
a notice reading as follows: DO NOT OCCUPY, and it shall be unlawful
for any person to enter such building or structure except for the
purpose of making the required repairs or demolishing the same.
B.
Costs of emergency repairs. Costs incurred in the performance of
emergency work shall be paid from the Greenville Treasury on certificate
of the Building Inspector; and the Greenville Attorney shall institute
appropriate action against the owner of the premises where the unsafe
building or structure was located for the recovery of such costs.
A.
Certified inspector to enforce. The Building Inspector and his delegated
representatives are hereby authorized and directed to administer and
enforce all of the provisions of this chapter and the Building 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.
B.
Subordinates. The Building Inspector may appoint, as necessary, subordinates
as authorized by the Greenville Board.
C.
Duties. The Building Inspector shall administer and enforce all provisions
of this chapter and the Building Code.
D.
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 by the Building Inspector or his agent while in performance
of his duties.
E.
Records. The Building Inspector shall perform all administrative
tasks required by the Department under the Building Code. In addition,
the Building Inspector shall keep a record of all applications for
building permits.
If any section, clause, provision or portion of this chapter
or of the Building Code adopted by reference is adjudged unconstitutional
or invalid by a court of competent jurisdiction, the remaining provisions
shall not be affected.
A.
Penalties.
(1)
Scope of penalty provision. Any building or structure hereafter erected,
enlarged, altered or repaired or any use hereafter established in
violation of the provisions of this chapter and the Building Code
shall be deemed an unlawful building, structure or use.
(2)
Penalties. The Building Inspector 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 this chapter. Any person who
fails to obtain a building permit before starting construction shall
be charged a fee as determined by the Board from time to time. 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 Greenville 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.
B.
Enforcement.
(1)
Notice to correct. If an inspection reveals a noncompliance with
this chapter and the Building Code, the Building Inspector shall notify
the applicant or the owner of the violation to be corrected in writing
and prior to continuation of any other work.
(2)
Stop-work order. If after notification, the violation is not corrected,
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 the
cited violation has been corrected.
(3)
Separate violations; other remedies. Each day each violation continues
after the written notice shall constitute a separate offense. Nothing
in this chapter shall preclude Greenville from maintaining any appropriate
action to prevent or remove a violation of this chapter or the Building
Code.
(4)
Double fees. If any construction of work governed by the provisions
of this chapter or the Building Code is commenced prior to the issuance
of a permit, double fees shall be charged.
C.
Appeals. Any person feeling aggrieved by an order or a determination
of the Building Inspector may appeal from such order or determination
to the Board of Appeals. Those procedures customarily used to effectuate
an appeal to the Board of Appeals shall apply.
A.
The purpose of the inspections under this chapter is to improve the
quality of housing in Greenville. 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 inspection reports: "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."
B.
Relief from personal responsibility. The Building Inspector, officer
or employee charged with the enforcement of the Building Code, while
acting for Greenville, shall not thereby render himself liable personally,
and he is hereby relieved from all personal liability for any damage
that may accrue to persons or property as a result of any act required
or permitted in the discharge of his official duties. Any suit instituted
against any officer or employee because of an act performed by him
in the lawful discharge of his duties under the provisions of the
Building Code shall be defended by the Greenville Attorney until the
final termination of the proceedings. In no case shall the Building
Inspector or any of his subordinates be liable for cost in any action,
suit or proceeding that may be instituted in pursuance of the provisions
of the Building Code, and any officer of the Department of Building
Inspection, acting in good faith and without malice, shall be free
from liability for acts performed under any of its provisions of by
reason of any act or omission in the performance of his official duties
in connection therewith.
Any person who shall violate any provision of this chapter shall
be subject to a penalty. A stop-work notice will be posted. Failure
to comply after notice will result in court action. The forfeiture
amount for any violation shall be set from time to time by ordinance
by the Greenville Board.
[Added 1-10-2022 by Ord.
No. 01-22]
The following exemptions are permitted for existing buildings/structures
only:
A.
Any one-
or two-family dwelling units built prior to the State of Wisconsin's
adoption of the Uniform Dwelling Code on June 1, 1980, are exempt
from the basement room height requirement in Ch. SPS 321, Wis. Adm.
Code.
