Village of Combined Locks, WI Chapter 237 Building Construction

[HISTORY: Adopted by the Village Board of the Village of Combined Locks as Title 15, Ch. 1, of the 1997 Code of Ordinances. Amendments noted where applicable.]

§ 237-1 Building Code established.

A. Title. This chapter shall be known as the "Building Code of the Village of Combined Locks" and will be referred to in this chapter as "this Code," "this chapter" or "this ordinance."

B. Purpose. This chapter provides certain minimum standards, provisions and requirements for safe and stable design, methods of construction and uses of materials in buildings and/or structures hereafter erected, constructed, enlarged, altered, repaired, moved, converted to other uses or demolished and regulates the equipment, maintenance, use and occupancy of all such buildings and/or structures. Its purpose is to protect and foster the health, safety and well-being of persons occupying or using such buildings and the general public.

C. Scope.

(1) New buildings hereafter erected in, or any building hereafter moved within or into the Village, 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 580, Zoning, of the Village Code and amendments thereto to the date this chapter was adopted and in no way supersede or nullify such laws and the said Chapter 580, Zoning.

(2) This chapter 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.

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

§ 237-2 Building permits and inspection.

A. Permit required.

(1) General permit requirement. No building of any kind shall be moved within or into the Village and no new building or structure, or any part thereof, shall hereafter be erected, or ground broken for the same, or enlarged, altered, moved, demolished, razed or used within the Village, except as herein provided, until a permit therefor shall first have been obtained by the owner, or his authorized agent, from the Building Inspector or his/her designee. Prior to commencing any of the following work, the owner or his agent shall obtain a valid permit for:

(a) New buildings.

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

(c) Alterations to the building structure, cost shall include market labor value, or alterations to the building's heating, electrical or plumbing systems.

(d) Exempted are re-roofing and finishing of interior surfaces, installation of cabinetry, and minor repair as deemed by the Building Inspector.

(e) Any electrical wiring for new construction or remodeling.

(f) Any HVAC for new construction or remodeling.

(g) Any plumbing for new construction or remodeling.

(h) Exempt are normal repairs performed in § 237-2A(1)(e) through (g).

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

(a) Alterations. When any existing building or structure accommodates a legal occupancy and use but is of a substandard type of construction, then alterations which involve beams, girders, columns, bearing or other walls, room arrangement, heating and air-conditioning systems, light and ventilation, or changes in location of exit stairways or exits, or any or all of the above, may be made in order to bring such existing construction into conformity with the minimum requirements of this chapter applicable to such occupancy and use and given type of construction, when not in conflict with any other regulations.

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

(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 exist stairways, or exits, fire protection, or exterior aesthetic appearance and which do not increase a given occupancy or use, shall be deemed minor repairs.

(c) Alterations when not permitted. When any existing building or structure, which, for any reason whatsoever, does not conform to the regulations of this chapter, has deteriorated from any cause whatsoever to an extent greater than 50% of the equalized value of the building or structure, no alterations or moving of such building or structure shall be permitted unless such structure is brought into compliance with this chapter or is otherwise permitted by the Building Inspector.

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

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

B. Application. Application for a building permit shall be made in writing upon a form furnished by the Building Inspector or his/her designee and shall state the name and address of the owner of the land and also the owner of the building if different, the legal description of the land upon which the building is to be located, the name and address of the designer, the use to which said building is to be put and such other information as the Building Inspector may require.

C. Site plan approval.

(1) Site plan approval. All applications for building permits for any construction, reconstruction, expansion or conversion, shall require a site plan, approved by the Building Inspector in accordance with the requirements of this section. The applicant shall submit a site plan and sufficient plans and specifications of proposed buildings, machinery and operations to enable the Building Inspector or expert consultants to determine whether the proposed application meets all the requirements applicable thereto in this chapter.

(2) Administration. The Building Inspector shall be responsible for reviewing, and either approving (issuing building permit) or denying any applications and plans for building permits.

(3) Appeals. Denials of building permits may be appealed to the Board of Appeals by filing a notice of appeal with the Village Administrator within 10 days of the denial.

D. 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 Village Board.

E. Utilities required.

(1) 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.

(2) 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.

(3) Occupancy. No person shall occupy any building until sewer, water, and electrical utilities, grading and graveling are installed in the streets necessary to service the property and a certificate of occupancy shall not be issued until such utilities are available to service the property.

F. Plans. With such application, there shall be submitted two complete sets of plans and specifications, including a plot plan showing the location and dimensions of all buildings and improvements on the lot, both existing and proposed, dimensions of the lot, dimensions showing all setbacks of all buildings on the lot, proposed grade of proposed structure (to Village datum), grade of lot and of the street abutting lot, grade and setback of adjacent buildings (if adjacent lot is vacant, submit elevation of nearest buildings on same side of street), type of monuments at each corner of lot, watercourses or existing drainage ditches, easements or other restrictions affecting such property, seal and signature of surveyor or a certificate signed by the applicant and a construction erosion control plan setting forth proposed information and procedures needed for control of soil erosion, surface water runoff and sediment disposition at the building site. Plans, specifications and plot plans shall be drawn to a minimum scale of 1/4 inch to one foot (fireplace details to 3/4 inch to one foot). One set of plans shall be returned after approval as provided in this chapter. The second set shall be filed in the office of the Building Inspector. Plans for buildings involving the State Building Code shall bear the stamp of approval of the State Department of Safety and Professional Services. One plan shall be submitted which shall remain on file in the office of the Building Inspector. 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 Chapter ILHR 20.09(4), Wis. Adm. Code.

G. Waiver of plans; minor repairs.

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

(2) 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 $500, 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.

H. Approval of plans.

(1) If the Building Inspector determines that the building will comply in every respect with all ordinances and orders of the Village and all applicable laws and orders of the State of Wisconsin, 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.

(2) 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.

I. Inspections.

(1) The following inspections shall be requested 48 hours in advance by the applicant/contractor or property owner as applicable:

(a) Footing/foundation.

(b) Rough carpentry, HVAC, electric and plumbing.

(c) Draintile/basement floor.

(d) Underfloor plumbing/electric service.

(e) Insulation.

(f) Final carpentry, HVAC, electric and plumbing.

(g) Erosion control.

(2) Failure to request any inspection will be the responsibility of the contractor and/or property owner.

J. 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 one year from the date of issuance thereof.

K. Revocation of permits.

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

(a) Whenever the Building Inspector shall find at any time that applicable ordinances, laws, orders, plans and specifications are not being complied with and that the holder of the permit refused to conform after written warning or instruction has been issued to him.

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

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

(c) Whenever there is any violation of any condition or provisions of the application for permit or of the permit.

(d) Whenever, in the opinion of the Building Inspector, there is inadequate supervision provided on the job site.

(e) Whenever any false statement or misrepresentation has been made in the application for permit, plans, drawings, data specifications or certified lot or plot plan on which the issuance of the permit or approval was based.

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

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

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

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

(4) After the notice is served upon the persons as aforesaid and posted, it shall be unlawful for any person to proceed thereafter with any construction operation whatsoever on the premises, and the permit which has been so revoked shall be null and void, and before any construction or operation is again resumed, a new permit, as required by this chapter, shall be procured and fees paid therefor, and thereafter the resumption of any construction or operation shall be in compliance with the regulation of this chapter. However, such work as the Building Inspector may order as a condition precedent to the reissuance of the building permit may be performed, or such work as he may require for the preservation of life and safety.

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

M. 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.

§ 237-3 State Uniform Dwelling Code adopted.

A. Adoption of codes.

(1) The following Wisconsin Administrative Codes and subsequent revisions are adopted for municipal enforcement:

Chs. SPS 320 to 325, Uniform Dwelling Code

Chs. SPS 361 to 366, Commercial Building Code

Chs. SPS 366, Existing Buildings

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

NOTE: The above Administrative Codes are promulgated by the Wisconsin Department of Safety and Professional Services, formerly the Department of Safety and Professional Services.

(2) 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 Village. A copy of these administrative code provisions and any future amendments shall be kept on file in the Village Administrator's Office.

B. Scope of uniform dwelling code expanded. For the purposes of this chapter, the provisions of the Wisconsin Uniform Dwelling Code are the standards for construction of the following:

(1) Additions, alterations and major equipment replacements for one and two-family dwellings built prior to June 1, 1980.

(2) Detached garages greater than 200 square feet serving one and two-family dwellings. Grade beam slabs are required for private, residential garages with a continuous floating slab of reinforced concrete and shall not be less than four inches in thickness. Reinforcement shall be a minimum of six-inch by six-inch, number 10 wire mesh. The slab shall be provided with a thickened edge all around, eight inches wide and eight inches below the top of the slab. (Exempted are frost-free footings for detached residential accessory buildings.) Ch. SPS 322, Wis. Adm. Code, shall not apply.

(3) Other detached accessory buildings. Concrete slabs, frost-free footings, etc., are not required, but if they are installed they shall follow Subsection B(2) above and/or Ch. SPS 321, Wis. Adm. Code.

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

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

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

(3) Additions and alterations, regardless of cost, made to an existing building when deemed necessary in the opinion of the Building Inspector shall comply with the requirements of this chapter for new buildings. The provisions of § 237-2 shall also apply.

(4) Roof coverings. Whenever more than 25% of the roof covering of a building is replaced in any twelve-month period, all roof covering shall be in conformity with applicable sections of this chapter.

(5) Additions and alterations. Any addition or alteration, regardless of cost, made to a building shall be made in conformity with applicable sections of this chapter.

D. Definitions. The following definitions shall be applicable in this chapter:

ADDITION

New construction performed on a dwelling which increases the outside dimensions of the dwelling.

ALTERATION

A substantial change or modification other than an addition or minor repair to a dwelling or to systems involved within a dwelling.

DEPARTMENT

The Department of Safety and Professional Services.

DWELLING

(1) Any building, the initial construction of which is commenced on or after the effective date of this chapter which contains one or two dwelling units; or

(2) An existing structure, or that part of an existing structure, which is used or intended to be used as a one or two-family dwelling.

MINOR REPAIR

Repair performed for maintenance or replacement purposes on any existing one or two-family dwelling which does not affect room arrangement, light and ventilation, access to or efficiency of any exit stairways or exits, fire protection or exterior aesthetic appearance and which does not increase a given occupancy and use. No building permit is required for work to be performed which is deemed minor repair.

ONE- OR TWO-FAMILY DWELLING

A building structure which contains one or separate households intended to be used as a home, residence or sleeping place by an individual or by two or more individuals maintaining a common household to the exclusion of all others.

PERSON

An individual, partnership, firm or corporation.

UNIFORM DWELLING CODE

Those Administrative Code provisions and any future amendments, revisions or modifications thereto, contained in the following chapters of the Wisconsin Administrative Code:

Chapter SPS 320, Administrative 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

E. Method of enforcement.

(1) 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.

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

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

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

(4) Inspection powers. The Building Inspector or an authorized certified agent may at all reasonable hours enter upon any public or private premises for inspection purposes and may require the production of the permit for any building, plumbing, electrical or heating work. No person shall interfere with or refuse to permit access to any such premises to the Building Inspector or his/her agent while in performance of his duties.

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

§ 237-4 Construction standards; codes adopted.

A. Portions of State Building Code adopted. Chapters SPS 361 to 366, Wis. Adm. Code (Wisconsin State Building Code) are hereby adopted and made a part of this chapter with respect to those classes of buildings to which this Building Code specifically applies. Any future amendments, revisions and modifications of said Chs. SPS 361 to 366 incorporated herein are intended to be made a part of this Code. A copy of said Chs. SPS 361 to 366, Wis. Adm. Code, and amendments thereto shall be kept on file in the office of the Village Administrator.

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

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

C. 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 § 237-3 above.

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

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

§ 237-5 Electrical permits and inspections.

A. State code adopted. All electrical work, including the placing of wires and other equipment, shall conform to the Wisconsin State Electrical Code. A copy of such code shall be kept on file in the office of the Village Administrator.

B. Permit. No electric wiring or other equipment shall be installed or altered without first securing a permit therefor from the Building Inspector, except that repairs or replacements of broken or defective sockets, switches or base receptacles may be made without a permit. The application for such permit shall be on a form furnished by the Building Inspector and shall state clearly the work planned, alterations to be made and equipment and materials to be used. All later deviations from such plan shall be submitted to and approved by the Building Inspector.

C. Inspection of work. After roughing in the wiring of any building and before any such work is covered up or upon completion of any outside wiring construction work, the person doing such work shall notify the Building Inspector who shall at once inspect the same. Upon completion of such wiring, the Building Inspector shall be notified and shall inspect the finished work. If he/she finds that the work conforms to the State Electrical Code, he shall issue a certificate of compliance which shall contain the date and an outline of the result of such inspection, a duplicate of which shall be filed in the office of the Building Inspector. No such electrical equipment shall be used until such certificate has been issued.[1]

[1] Editor's Note: Original Sec. 15-1-5(d) of the 1997 Code, Electrical contractor licenses, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

D. Electrical contractor licenses.

(1) License required. No person shall perform the work of an electrical contractor unless licensed by the Village. Qualifications for an electrical contractor's license shall be defined by the Village.

(2) Exemptions.

(a) Employees of electrical, telephone, telegraph and railway utilities may perform the planning or superintending and installation, operation and maintenance of equipment and materials required for the operation of the business of such utilities without a license, but when said employees perform said work on property or premises of others except when making service connections and installing and testing transformers, meters and other equipment ordinarily furnished by and remaining the property of the utility, they shall be licensed in the same manner provided for in this chapter.

(b) The operating engineers and their assistants in charge of power generating plants, prime movers, and all auxiliary equipment, and appliances connected therewith, shall be exempt in the supervision, maintenance, repairs and in the operation of the electrical equipment under their jurisdiction.

(c) Plant electricians regularly employed by an employer may not be licensed while doing electrical maintenance work that is limited exclusively to the plant or shop of their employees.

(d) An indentured apprentice who shall be registered with the Inspection Official may work without a license, but shall work the first three years of his/her indenture under the immediate supervision of a licensed master or journeyman electrician.

(e) A homeowner may personally wire his own single-family dwelling, but a permit must be procured and work inspected and approved in the same manner as for a licensed electrician. An owner must prove his competence to conform with all rules and regulations. Homeowner is a person owning and occupying as his permanent address a single-family dwelling.

(f) Any license under the provisions of this subsection may be revoked by the designated authority if the license violates any ordinance or law relating to electrical work or is guilty of installing electrical construction which is a hazard to life or property.

§ 237-6 Plumbing permits and inspections.

A. Plumbing defined. As used in this section, the following terms shall have the meanings indicated:

PLUMBING

(1) As defined in § 145.01(10), Wis. Stats.

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

(2) The construction, connection to or alteration of any drain, soil or waste pipe to carry domestic sewage, stormwater or industrial waste from a point three feet outside of the foundation walls of any building to the sewer lateral at the curb or other disposal terminal including the private sewage disposal or treatment plant. This definition does not include minor repairs to faucets and the removal of stoppages in soil or waste pipes.

B. Inspectors. The plumber in charge shall notify the Plumbing Inspector whenever any work is ready for inspection. All plumbing work shall be left exposed until the Inspector has completed his/her examination and inspection. When, in the opinion of the Plumbing Inspector, a test in addition to the provisions of § SPS 382.21, Wis. Adm. Code, is necessary, he/she may require a water or air test on all or part of the installation.

C. Applications and permits.

(1) Application. No plumbing shall be installed in the Village without first filing an application and receiving a permit. This shall apply to any building located outside the limits of the Village before such building may be connected to the Village sewer or water system. Each application shall be approved by the Plumbing Inspector, before a permit to install plumbing may be issued. Only licensed master plumbers may receive such permits, except that a permit may be issued to a property owner to install plumbing in a single family residence which is owned and occupied by such owner as his home.

(2) Permit. A permit shall be applied for and received before excavating in any street, alley or other public way to repair, alter or install plumbing. No charge shall be made for such permit, but the applicant shall furnish a bond when street excavations are involved, pursuant to Chapter 460, Streets and Sidewalks, of this Code.

D. Backwater valve requirements.

(1) New construction. An approved automatic-type backwater valve shall be installed in all new residential construction. Backwater valves, when fully open, shall have a capacity not less than that of the pipes in which installed. Backwater valves shall be so located as to be readily accessible for cleaning, repair, or replacement.

(2) Existing buildings where drainage systems subject to backflow. Where a building drainage system is subject to backflow of sewerage, and where the building was erected prior to February 1, 1994, the owner of the building shall, when ordered by the Building Inspector or an authorized representative, install approved automatic-type backwater valves in appropriate fixtures located below the sidewalk grade.

§ 237-7 New methods and materials.

A. All materials, methods of construction and devices designed for use in buildings or structures covered by this section and not specifically mentioned in or permitted by this section 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.

B. Such materials, methods of construction and devices, when approved, must be installed or used in strict compliance with the manufacturer's specifications and any rules or conditions of use established by the Wisconsin Department of Safety and Professional Services. The data, test and other evidence necessary to prove the merits of such material, method of construction or device shall be determined by the Wisconsin Department of Safety and Professional Services.

§ 237-8 Unsafe buildings.

Whenever the Building Inspector finds any building or part thereof within the Village to be, in his/her 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, the Building Inspector 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.

§ 237-9 Disclaimer on inspections.

The purpose of the inspections under this chapter is to improve the quality of housing in the Village of Combined Locks. 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."

§ 237-10 Garages.

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

§ 237-11 Regulation and permit for razing buildings.

[Amended 10-17-2017]

A. Permit. No person shall raze any building larger than 500 square feet within the Village of Combined Locks without first obtaining a permit therefor from the Building Inspector or Zoning Administrator.

(1) Application. The owner of the building to be razed shall sign the permit application. In the alternative, an agent for the owner may sign the permit application upon providing written authorization verifying permission of the owner to apply for the permit. The Zoning Administrator may require additional information and other state or local permits as required by law, rule, or regulation.

(2) Fees. The permit fee to raze a principal building is established from time to time by the Village Board.

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

(3) Surety bond. Any application for a permit to engage in the razing of buildings within the boundaries of the Village shall be accompanied by a surety bond, approved by the Village Attorney as to form, in the amount of the actual cost of the permitted work. Such bond shall guarantee that all work is performed in accordance with this section and other state and local laws, rules and regulations, and hold the Village harmless from any costs and expenses arising from the permitted work and secure timely performance of the work. The Village may reasonably require a bond of a greater amount, on a case-by-case basis, where deemed necessary to protect the Village.

(4) Comprehensive liability insurance. An applicant for a permit shall provide proof of comprehensive liability insurance in the amount of $1,000,000 per occurrence and per person and $50,000 property damage.

(5) Disconnection of utilities. The permit holder shall be responsible for disconnections of utilities necessary for the razing and shall provide evidence that necessary disconnections have been accomplished.

B. Permit conditions. All permits shall be subject to the following conditions:

(1) Permit term. The razing of a building shall be completed within 30 days after the date the permit was issued. The Zoning Administrator may at his/her discretion extend the permit term for cause. "Cause" shall mean the inability of the permittee to act due to circumstances beyond the permittee's reasonable control upon the exercise of due diligence.

(2) Inspection of work. Work done under a raze permit is subject to inspection by the Zoning Administrator or his contracted firm, who shall have the authority to order corrective work. Failure to follow the orders of the Zoning Administrator, or to complete the raze in accordance with this article, shall give the Zoning Administrator authority to seek restitution from the required bond.

(3) Foundation of razed building. Whenever a building has been razed, the foundation thereof, if any, shall be leveled to at least eight feet below grade and filled in with 95% noncombustible fill material, with the top two feet of fill material being of dirt or sand. No combustible material may be placed in said foundation.

(4) Driveway approaches, sidewalks and slabs. Remaining driveway approaches shall be removed and replaced with curb and gutter; damaged public sidewalks shall be replaced; and driveway aprons, remaining slabs and private sidewalks shall be removed from the site prior to final approval. Permits for replacing curb and gutters, driveway approaches and public sidewalks shall be obtained from the Village Administrator.

(5) Site grading. Whenever a building has been razed, the site shall be graded with a minimum of three inches of topsoil, with seed and mulch or sod applied to cover the entire disturbed area.

(6) Disposal of debris. The permit holder shall dispose of all building debris in a licensed landfill, except for salvaged materials. At any time, the license holder shall produce to the Zoning Administrator receipts and/or an itemized list of debris disposed of by dumping or salvage. All debris must be hauled away at the end of each week for the work that was done in that week. There shall not be any burning of materials on the site of the razed building.

(7) Site safety and security. The permit holder shall, during the razing process, maintain the razing site in a safe and secure condition, and the license holder shall promptly report any personal injury and property damage to the Zoning Administrator. The Zoning Administrator may require additional safety and security methods, including fencing and gating, as deemed necessary to protect the site and restrict access to the public.

(8) Dust. 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.

(9) Pests and rodents. 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 razing operations.

C. Exemption. This section shall not be construed to apply to contractors or homeowners doing demolition work on part of a building which is necessary in the course of building construction work being conducted under a building permit.

D. Special assessment. The Zoning Administrator shall recover all costs of enforcement under a raze and repair order through special assessments to be levied and collected as a delinquent tax against the real estate upon which the building is located. Such special assessment shall be a lien upon the real estate. A $100 administrative fee shall be added to the special assessment against the benefited property.

§ 237-12 Basements; excavations.

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

B. Fencing of excavations. The owner of any premises on which there exists an opening or excavation which is located in close proximity to a public sidewalk or street right-of-way as to constitute a hazard to pedestrian or vehicular traffic shall erect a fence, wall or railing at least four feet high between such opening or excavation and the public right-of-way.

C. Closing of abandoned excavations. Any excavation for building purposes or any uncovered foundation which shall remain open for more than 60 days shall be deemed abandoned and a nuisance, and the Building Inspector shall order that unless the erection of the building or structure on the excavation or foundation shall commence or continue forthwith suitable safeguards shall be provided to prevent accidental injury to children or other frequenters or that the excavation or foundation be filled to grade. Such order shall be served upon the owner of record or the owner's agent, where an agent is in charge of the premises, and upon the holder of an encumbrance of record in the manner provided for service of a summons in the circuit court. If the owner or the holder of an encumbrance of record cannot be found, the order may be served by posting it on the premises and make publication in the official newspaper for two consecutive publications at least 10 days before the time for compliance stated in the order commences to run. Such time shall be not less than 14 nor more than 20 days after service. If the owner of the land fails to comply with the order within the time required, the Building Inspector shall cause the excavation or foundation to be filled to grade. The cost of such abatement shall be charged against the real estate and entered on the next succeeding tax roll as a special charge and shall bear interest at a rate established by the Village Board from the date of the report by the Building Inspector on the cost thereof, pursuant to the provisions of § 66.0627, Wis. Stats.

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

§ 237-13 Discharge of clear waters.

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

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

C. Groundwater. Where deemed necessary by the Building Inspector, every house shall have a sump pump installed for the purpose of discharging clear waters from foundation drains and ground infiltration and where the building is not serviced by a storm sewer shall either discharge into an underground conduit leading to a drainage ditch, gutter, dry well or shall discharge onto the ground surface in such other manner as will not constitute a nuisance as defined herein.

D. Stormwater. All surface drains, drains from any mechanical device, pipe, conduits or other objects or things used for the purpose of collecting, conducting, transporting, diverting, draining or discharging stormwaters shall be discharged either within a storm sewer, a dry well, an underground conduit leading to a drainage ditch or onto the ground surface in such other manner as will not constitute a nuisance as defined herein.

E. Prohibited stormwater system connections. Roof drains or roof gutters shall not be connected to a storm sewer system, effective January 1, 2003.

F. Sump pump discharge.

(1) All sump pumps installed for the purpose of discharging clear water from foundation drains, basement drains and ground infiltration shall within 60 days of installation discharge into a storm sewer wherever available. Storm sewers shall be considered available in:

(a) Existing streets with storm sewers when storm sewer laterals are installed.

(b) Nonexisting streets and in existing streets without storm sewers when storm sewers are installed.

(2) Storm sewers shall not be considered available in existing streets with storm sewers until such time as sewer laterals are installed. If no storm sewer is available sump pumps shall discharge into an underground conduit leading to a drainage ditch, gutter, dry well or onto the ground at a point which is not less than three feet from the building and is above permanent grade.

(3) No sump discharge shall be allowed to flow on or across a public sidewalk. Sump discharge shall be directed to flow to the backyard in all cases commencing November 15 and continuing until April 15 each year.

(4) The provisions contained herein shall be in addition to those required and imposed by the State Plumbing Code, Chapters SPS 381 to 383, Wis. Adm. Code, and Chapter 145, Wis. Stats., and shall not amend or alter the provisions therein except insofar as is necessary for the application and enforcement of this subsection.

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

§ 237-14 Duplex and multiservice connections.

A. 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.

B. 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.

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

§ 237-15 Regulations for moving buildings.

A. General requirements.

(1) No person shall move any building or structure upon any of the public ways of the Village without first obtaining a permit therefor from the 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, the conditions to be complied with and shall limit the time during which said moving operations shall be continued.

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

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

B. Moving damaged buildings. No damaged building shall be moved from outside of the corporate limits of the Village of Combined Locks to within the corporate limits of the Village of Combined Locks.

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

C. 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.

D. 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 street or highway, the person to whom the permit was issued shall forthwith place them in as good repair as they were before the permit was granted. On the failure of the said permittee to do so within 10 days thereafter to the satisfaction of the Village Board, the Village shall repair the damage done to such streets and hold the person obtaining such permit and the sureties on his bond responsible for the payment of same.

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

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

F. Bond.

(1) Before a permit is issued to move any building over any public way in the Village, the party applying therefor shall give a bond to the Village of Combined Locks 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 Village Board or designated agent conditioned upon, among other things, the indemnification to the Village 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 Village in connection therewith arising out of the removal of the building for which the permit is issued.

(2) Unless the Building Inspector, upon investigation, shall find it to be a fact that the excavation exposed by the removal of such building from its foundation shall not be so close to a public thoroughfare as to permit the accidental falling therein of travelers or the location, nature and physical characteristics of the premises and the exposed excavation, such as to make intrusion upon the premises and the falling into such excavation of children under 12 years of age unlikely, the bond required by Subsection 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.

G. Insurance. The Building Inspector shall require, in addition to said the 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.

H. Village Board approval.

(1) No such permit shall be issued unless it has been found as a fact by the Village Board by at least a majority vote, after an examination of the application for the permit which shall include exterior elevations of the building and accurate photographs of all sides and views of the same and in case it is proposed to alter the exterior of said building, plans and specifications of such proposed alterations and after a view of the building proposed to be moved and of the site at which it is to be located, that the exterior architectural appeal and functional 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 Chapter 546, Floodplain Zoning, Chapter 559, Shoreland-Wetland Zoning, and Chapter 580, Zoning, of the Village 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 proposed 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 Village Board, which shall not be less than $5,000 to be executed in the manner provided in subsection hereof to the effect that he will, within a time to be set by the Village Board, 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 Village. 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)]

(2) Upon application being made to the Building Inspector, he/she shall request a meeting of the Village Board to consider application for moving permits which he/she has found comply, in all respects, with all other ordinances of the Village. The Village Board 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 they 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 Village Board shall, in writing, make or refuse to make the finding required by Subsection H hereof and file it in the office of Village Administrator, who shall send a copy of it to the Building Inspector.

§ 237-16 Yard grades.

A. Front yards. Front yards shall be established for new construction from the established grade at the location of the inside of the sidewalk. The pitch of the lawn can drop only 1/2 inch per foot from the foundation to the inside of the sidewalk.

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

B. Side yard and back yard grading. No change in the existing topography of any parcel, which has been created through the subdivision control ordinance of the Village, may be made which would result in the damming, filling, relocating or otherwise interfering with the natural flow of surface water as outlined in an approved drainage plan, as exists along any approved surface drainage channel, or exists through a natural watercourse.

C. Drainage plan to be followed. A property owner who fails to follow the approved drainage plan for a subdivision is considered to be in violation of this chapter and subject to remediation at their expense.

D. Changes in yard drainage. A change in any portion of the grade of a side yard or back yard that would, or does interfere with the existing approved drainage capacity of the adjoining property, shall not be permitted, except with the written consent of the abutting property owner and the approval of the Plan Commission. No other alteration of existing drainage or topography shall be permitted which would adversely affect the adjoining property.

E. Time for compliance. The yard grade requirements of this section shall be met within 30 days of completion of construction, unless, because of weather conditions, arrangements for a completion date are made with the Building Inspector.

§ 237-17 Construction sites; maintaining clean streets.

Village 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 by the end of each work day. Any subcontractor depositing debris on road right-of-way is responsible for immediate clean up. Concrete contractors are expressly prohibited from cleaning out residual materials onto road right-of-way. The Village of Combined Locks will clean said streets deemed to be in an unacceptable condition by the Director of Public Works, if the work is not done within 12 hours of the incident; and will charge the current established costs to the contractor for the work, regardless of any penalty imposed under § 1-3 for violation of this section.

§ 237-18 Fees.

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

Fees for building permits required in this chapter shall be established and amended from time to time by the Village Board and a current schedule of fees is on file in the Administrator's office. In the event work is commenced prior to obtaining a building permit required by this chapter, all fees shall be doubled.

§ 237-19 Severability.

If any section, clause, provision or portion of this chapter, or of the Wisconsin Administrative Code adopted by reference, is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remaining provisions shall not be affected.

§ 237-20 Violations and penalties.

A. Any building or structure hereafter erected, enlarged, altered or repaired or any use hereafter established in violation of the provisions of this chapter shall be deemed an unlawful building, structure or use. The Building Inspector shall promptly report all such violations to the Village Board and Village 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 general penalty provisions of the 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 Village officials constitute a defense. Compliance with the provisions of this chapter may also be enforced by injunctional order at the suit of the owner 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)]

B. Enforcement.

(1) If an inspection reveals a noncompliance with this chapter or the Uniform Dwelling Code, the Building Inspector shall notify the applicant and the owner, in writing, of the violation to be corrected. All cited violations shall be corrected within 30 days after written notification unless an extension of time is granted pursuant to § SPS 320.21(3), Wis. Adm. Code.

(2) If, after written notification, the violation is not corrected within 30 days, a stop-work order may be served on the owner or his or her representative and a copy thereof shall be posted at the construction site. Such stop-work order shall not be removed except by written notice of the Building Inspector after satisfactory evidence has been supplied that the cited violation has been corrected.

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

(4) If any construction or work governed by the provisions of this chapter or the Uniform Dwelling Code is commenced prior to the issuance of a permit, double fees shall be charged.

C. 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.

D. Except as may otherwise be provided by the statute or ordinance, no officer, agent or employee of the Village of Combined Locks charged with the enforcement of this chapter shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his/her duties under this chapter. Any suit brought against any officer, agent or employee of the Village as a result of any act required or permitted in the discharge of his duties under this chapter shall be defended by the legal representative of the Village until the final determination of the proceedings therein.

§ 237-21 Removal of salvageable nonstructural materials from vacated buildings.

[Added 10-17-2017]

A. 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 owner or personal reuse or required removal by a tenant of the property from which it was removed, without immediate functional replacement thereof.

B. Authorities. Village Board of the Village of Combined Locks.

C. 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 of Combined Locks, or which directs or allows such removal.[1]

OWNER

The title holder(s) to real property on which stands any vacated building or structure from which any salvageable material is removed.

SALVAGEABLE MATERIAL

(1) Real or tangible personal property that:

(a) Is man-made;

(b) Is affixed to real property or any improvement to real property;

(c) Is detachable from real property or any improvement to real property; and

(d) Is removed for potential or intended reuse, repurposing or scrap.

(2) 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.

TENANT

A person or entity entitled by written agreement, to occupy the building or structure, or portion of the building of structure, from which any salvageable material is removed.

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.

[1] Editor's Note: The original definition of "code official" of the 1997 Code, which immediately preceded this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

D. Exclusions. This section does not apply to the following:

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

(2) Salvage operations at nonresidential structures under 5,000 square feet;

(3) 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;

(4) Salvaging operations that occur as part of an approved demolition plan, pursuant to a valid demolition permit or otherwise, in which the permit holder/owner/operator is obligated to complete said demolition within a specified time frame;

(5) Equipment, items or supplies removed by the owner for personal reuse; and

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

E. Recycling.

(1) The permit holder shall cause to be salvaged, reused or recycled all of the following material/items removed and debris produced on site as part of the salvaging permit activities:

(a) Wood that has not been rendered nonrecyclable or nonreuseable by the application or attachment of paint, stains, varnish or other liquids or solids;

(b) Nontoxic metals; and

(c) Non-asbestos-containing shingles.

(2) The Village of Combined Locks maintains the right to suspend requirements of this section if the market for above materials changes, making compliance unattainable, or if the condition of the material(s) and/or proximity to recycling/re-use facilities makes compliance impracticable, as determined by the Zoning Administrator and/or his or her designee.

F. 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 Village Administrator on forms created by the Zoning Administrator and/or his or her designee and provided by the Village of Combined Locks. The request for exemption shall include documentation of historical or cultural significance acceptable to the Zoning Administrator and/or his or her designee which may include written request for preservation by historic society or equivalent.

G. 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 granted by the issuing body and issued to the applicant pursuant to this section. The owner and permit holder shall be jointly responsible for complying with any permit issued pursuant to this section.

H. Permit application.

(1) 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.

(2) Contents.

(a) Application for a permit, whether initial or renewal, shall be filed with the Village Administrator on forms provided by the Village of Combined Locks The application shall include:

[1] Location and square footage of occupiable space in building(s).

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

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

[4] Plan for removal of salvageable material including the following details:

[a] Project schedule and budget.

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

[c] Proposed disposition of salvageable materials.

[d] Dust, noise and odor control.

[e] Hours of operation.

[f] Fire suppression.

[g] Traffic safety and public infrastructure protection.

[h] Site security.

[i] Building and grounds management and restoration.

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

[5] Plan for removal of hazardous wastes/materials.

[a] 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.

[b] Hazardous materials handling, management and disposal prior to salvaging.

[c] Proposed environmental monitoring or remediation.

[6] Plan for disposal of waste, including proposed disposition.

[7] Proof of required demolition/renovation notifications to the appropriate state regulatory agency(ies).

(b) The issuing body may require additional information of a specific applicant.

(3) A permit fee must accompany the application. Permit fees shall be established by resolution of the Village Board of the Village of Combined Locks.

I. Permit grant. The granting of permits shall be conducted on a two-tiered system based on the occupiable space of the Vacated Building. Occupiable space shall be calculated as one total for all buildings covered under the permit or all buildings on a single property covered under multiple permits.

(1) Tier 1. Permit applications for a vacated building having occupiable space under 5,000 square feet shall be reviewed and decided upon by the Zoning Administrator and/or his or her designee pursuant to this section. In granting the permit, the Zoning Administrator and/or his or her designee shall address the following matters: 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; other state or local permits as required by law, rule, or regulation that must be obtained as a condition of issuance of the permit or as a requirement of operation; reasonable special operating requirements to be required of the permit holder in addition to those listed in Subsection L herein; and such other matters or limitations as the Zoning Administrator and/or his or her designee determines is necessary to protect the public interest.

(2) Tier 2. Permit applications for a vacated building having occupiable space over 5,000 square feet shall be reviewed by the Zoning Administrator and/or his or her designee and decided upon by the Village Board of the Village of Combined Locks. The Zoning Administrator and/or his or her designee shall make a recommendation to the Village Board of the Village of Combined Locks who shall consider the following matters in granting the permit: the recommendation of the Zoning Administrator and/or his or her designee, 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 L 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 Village Board of the Village of Combined Locks shall consider the permit applications only at regular Council meetings, and only after receiving the recommendation of the Zoning Administrator and/or his or her designee.

J. Irrevocable standby letter of credit.

(1) As a condition of issuance of the permit, the permit holder shall provide to the issuing body and maintain in effect an irrevocable standby letter of credit naming the Village of Combined Locks as beneficiary, in an amount required by the issuing body and in a form approved by the Village of Combined Locks' Attorney. The Village of Combined Locks' Attorney shall also approve the form and content of the draw order and all necessary presentment required to compel payment by the issuer to the Village of Combined Locks of all funds subject to the irrevocable standby letter of credit.

(2) 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 of Combined Locks 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 of Combined Locks for no less than one year after project completion as reasonably determined by the issuing body or one year after the expiration of a permit issued under this section to the permit holder, whichever is later.

(3) In considering the required amount of the irrevocable standby letter of credit the issuing body shall consider: 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; the cost of remediation of the Village of Combined Locks should the Village of Combined Locks have to address any matter due to the unwillingness or inability of the permit holder to fulfill its obligations. The issuing body 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 extraordinary circumstance that the issuing body determines that the requirements to obtain an irrevocable standby letter of credit is unreasonable, the issuing body may, in the exercise of its discretion, authorize one or more alternate forms of security in lieu of an irrevocable standby letter of credit.

K. Irrevocable letter of credit or alternative forms of security. Any application for a permit to engage in the razing of buildings within the Village of Combined Locks shall be accompanied by an irrevocable letter of credit which meets the following requirements:

(1) In an amount no less than 120% of the estimated project cost;

(2) Name the Village of Combined Locks as a beneficiary;

(3) Be irrevocable and unconditional;

(4) Be conditioned for payment to the Village of Combined Locks solely upon presentation of the letter of credit and a sight draft, which shall direct the issuing lending institution to pay the Village of Combined Locks without any explanation, affidavit or documentation;

(5) Expire not earlier than one year after completion of the last act by permittee of demolition or salvage (unless the one-year period is waived or modified by the Village Board), or after the expiration of a permit issued under this section to the permittee, whichever is later;

(6) Issued by a company certified by the state to conduct such business within Wisconsin.

L. Permit term and assignment. A permit issued to the applicant is permit holder and limited to the term granted.

(1) Initial term. The initial term of any permit issued under this section shall be 180 consecutive calendar days from the date of issue.

(2) Renewal term. There is no right or expectation of permit renewal. The permit may be renewed at the discretion of the issuing body upon application of a permit holder, filed with the Village Administrator prior to expiration of the initial term or any renewal terms. Each renewal may be granted for up to 60 additional consecutive calendar days.

(3) Assignment. No permit issued pursuant to this section is assignable or transferable without the advance written permission of the issuing body, which shall not be granted unless the permit holder and prospective assignee demonstrate to the satisfaction of the issuing body that assignee is capable of completing the project and all required forms of insurance and financial assurance are made effective prior to the assignment.

M. 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 the ordinance:

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

(2) 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.

(3) 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 rodent-proof covered containers which are removed from the premises as often as necessary to provide a sanitary, odor free and vermin free environment.

(4) Work done under this permit shall be performance in accordance with the permit and is subject to inspection by the Zoning Administrator and/or his or her designee and other inspectors as provided in this section. Any violation of the permit shall be deemed a violation of this section.

(5) 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 of Combined Locks 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:

(a) Automobile liability (owned, nonowned, leased):

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

[2] Property damage: $100,000 each occurrence.

(b) 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 of Combined Locks may require a greater or lesser minimum amount down to and including $0 of pollution legal liability insurance policy, depending on the circumstances of the project that is the subject of the permit.

(c) Workers' compensation: statutory limits.

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

(6) The permit holder shall also ensure that subcontractors have appropriate insurance as determined by the issuing body. This may include coverage under the permit holder's policy, individual coverage, or a combination thereof. The issuing body 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.

(7) 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 premise.

(8) 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 issuing body in conjunction with a specific permit. Such prohibited mechanized processes include, but are not limited to, crushing and shredding.

(9) There shall be strict compliance with Chapter 386, Noise, related to noise control.

(10) There shall be strict compliance with Chapter 237, Building Construction, and Chapter 540, Construction Site and Stormwater Runoff Management, Article II, Post-Construction Stormwater Management, related to dust and erosion control.

(11) 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.

(12) There shall be full compliance with the Village of Combined Locks building, fire and health codes and with all other Village of Combined Locks, county, state and federal laws, rules or regulations which may be applicable.

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

(14) The permit holder shall keep a log of all shipments to and from the work site during the project, including the date, time, transport company, vehicle license number, and description of type and amount of material transported.

(15) The permit holder must provide to the Zoning Administrator and/or his or her designee, and must maintain current, a list of contractors doing work that is subject to a permit issued pursuant to this section, which list of contractors shall include proof of valid and subsisting policies of insurance in satisfaction of the general operating requirements specified herein. As used herein, the phrase "maintain current" means that the list filed with the Village of Combined Locks is updated by the permit holder as necessary to comply with the ordinance prior to each contractor commencing work pursuant to the permit.

(16) The permit holder shall promptly notify the Zoning Administrator and/or his or her designee 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.

(17) 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 of Combined Locks should changed conditions require additional work or precautions to protect the public safety, health or welfare or comply with any other applicable ordinance, law or regulation.

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

(19) At any time, the permit holder shall produce to the Zoning Administrator and/or his or her designee documentation that disposition of materials occurred in compliance with the approved permit and disposition plans.

(20) 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.

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

(22) The permit holder shall comply with all orders the issuing body imposed upon granting of the permit or at any other time.

(23) 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 until one year following the issuing body's finding of project completion.

N. Inspections.

(1) Permit holders and property owners shall allow authorized inspection by representatives of any department of the Village of Combined Locks and authorized representatives of the State of Wisconsin having enforcement powers to inspect the premises subject to the permit, with or without advanced notice, as often as may be required to allow said representative 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 which require prompt action to protect the public health, safety and welfare or to preserve evidence of noncompliance with this section or state or federal laws.

(2) Inspection may include inspection of the entire property subject to the permit, including buildings, structures, basement, subbasements, vaults, and other areas of the property.

(3) The unreasonable failure to allow inspections shall be grounds for denial, suspension or revocation of the permit.

(4) Inspections may include, but are not limited to, taking wipe samples; waste, structural or product sampling; sampling of pits; the logging, gauging and sampling of existing wells; videotaping, preparing site sketches; taking photographs; testing or sampling the groundwater, soil, surface water, sediments, air, soil vapor or other material.

O. Immediate cessation orders.

(1) If in the opinion of the Zoning Administrator and/or his or her designee, 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 Zoning Administrator and/or his or her designee 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 Zoning Administrator and/or his or her designee. 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.

(2) In the event that an order to the permit holder requiring immediate cessation is issued by the Zoning Administrator and/or his or her designee, such order may be appealed to the Village Board of the Village of Combined Locks. The Village Board of the Village of Combined Locks, after hearing from the Zoning Administrator and/or his or her designee, the permit holder, and the public, shall affirm the order, reverse the order, or modify the order. The decision made by the Village Board of the Village of Combined Locks may be appealed to the Outagamie County Circuit Court by either the Zoning Administrator and/or his or her designee or the permit holder in accordance with the procedure of the Village of Combined Locks.

P. Nonrenewal, suspension or revocation hearings.

(1) There is no right or expectation of permit renewal. The permit may be renewed at the discretion of the issuing body upon application of a permit holder as described in Subsection K.

(2) Nonrenewal, suspension, and revocation appeal hearings shall be held before the Village Board of the Village of Combined Locks, which shall include findings of fact, conclusions of law, and a recommendation as to what action, if any, the Village Board of the Village of Combined Locks should take with respect to the permit. The Village Board of the Village of Combined Locks shall provide the Zoning Administrator and/or his or her designee and the permit holder with a copy of the report. Either the Zoning Administrator and/or his or her designee 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 of the Village of Combined Locks. The Village Board of the Village of Combined Locks shall determine whether the arguments shall be presented orally or in writing, or both. If the Village Board of the Village of Combined Locks, after considering the report and any arguments presented by the Zoning Administrator and/or his or her designee 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 of the Village of Combined Locks finds the complaint untrue, the proceedings shall be dismissed without cost to the accused. The Village Administrator shall give notice of each suspension, revocation or nonrenewal to the party whose permit is affected.

Q. Violations and liability.

(1) 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.

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

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

(4) 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 of Combined Locks' costs of enforcement, including attorneys' fees.

R. Enforcement, fines and penalties. The Village Administrator and/or the Building Inspector shall have the primary responsibility to enforce this section. Violations of this section shall be subject to the general provisions of § 237-20. Fines and penalties for violations of this section shall provide sufficient incentive to deter violators and continued violations. For the purpose of calculating fines and penalties, each day of continuing violation shall constitute a separate offense. Any violation of this section constitutes a public nuisance and, in addition to any other remedies provided or allowed, the Village of Combined Locks may apply to a court of competent and local jurisdiction for injunctive relief and the assessment of damages including attorney's fees and costs.

S. Reporting.

(1) Permit holders shall provide reports to the Zoning Administrator and/or his or her designee in accordance with the reporting requirements specified in the permit as approved by the issuing body. These reports shall include the following:

(a) Salvageable materials report that identifies the type, quantity and disposition of salvageable materials removed from the property during the reporting period and supporting documentation.

(b) Hazardous wastes/materials report that identifies the type, quantity and disposition of hazardous wastes/materials removed from the site during the reporting period. This report should be accompanied by supporting documentation of disposal, name and contact information on haulers, and copies of any applicable permits/exemptions.

(c) Waste report that identifies the type, quantity, and disposition of waste materials removed from the site during the reporting period and supporting documentation.

(d) Any instances of environmental monitoring performed during the reporting period and the results of same.

(2) These reports shall also include:

(a) Supporting documentation of removal and disposition of materials which shall include weigh tickets, bills of lading, sales receipts, chain of custody logs or equivalent documentation.

(b) A statement by the permit holder that documentation supporting compliance with this section will be maintained for two years from submission of the reports.

(c) A statement from the permit holder that the information in the reports is truthful and accurate.