The purpose of this ordinance 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 re-use by the owner or personal
re-use or required removal by a tenant of the property from which
it was removed, without immediate functional replacement thereof.
(A)
OWNER — The title holder(s) to real property on which
stands any vacated building or structure from which any salvageable
material is removed.
(B)
TENANT — A person or entity by written agreement, to occupy
the building or structure, or portion of the building of structure,
from which any salvageable materials is removed.
(C)
OPERATOR — Any person, corporation or other business entity
or holder of a security interest that undertakes the removal of salvageable
materials from a vacated building within the jurisdictional limits
of the Village which directs or allows such removal.
(D)
SALVAGEABLE MATERIAL — Real or tangible personal property
that:
(1)
Is man-made;
(2)
Is affixed to real property or any improvement to real property;
(3)
Is detachable from real property or any improvement to real
property; and
(4)
Is removed for potential or intended re-use, repurposing or
scrap.
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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 ordinance.
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(E)
VACATED BUILDING — A building or structure, or portion
of a building or structure, that had a principal non-residential use
as its most recent use allowed by law, which principal use has ceased
and in which there has been no legal occupancy for more than 90 days
as determined by the Building Inspector. The cessation of the primary
activities constituting the principal use shall be determinative of
whether the principal use has ceased. The presence of personnel in
the building or structure is not determinative of whether the use
has ceased.
(F)
CODE OFFICIAL(S) — Village Building Inspector, Public
Works Director or Village Administrator.
(G)
ISSUING BODY — Refers to the code official in the case
of Tier 1 permits, and the Village Board in the case of Tier 2 permits.
This ordinance does not apply to the following:
(A)
Salvaging operations at structures where its most recent allowable
use by law was residential;
(B)
Salvage operations at non-residential structures under 10,000
square feet;
(C)
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;
(D)
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;
(E)
Equipment, items or supplies removed by the owner for personal
re-use; and
(F)
Equipment, items or supplies owned and removed by the tenant
during the term of a written lease.
(A)
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:
(1)
Wood that has not been rendered non-recyclable or nonreusable
by the application or attachment of paint, stains, varnish or other
liquids or solids;
(2)
Non-toxic metals;
(3)
Non-asbestos containing shingles;
(4)
Recyclable plastics;
(5)
Computerized equipment and electronics; and
(6)
Recyclable cardboard and paper products.
(B)
The Village 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 code official.
A partial exemption is allowed under this ordinance for items
and materials removed for the sole purpose of historical or cultural
preservation. A request for exemption shall be filed with the Village
Clerk/Treasurer on forms created by the code official and provided
by the Village. The request for exemption shall include documentation
of historical or cultural significance acceptable to the code official
which may include written request for preservation by historic society
or equivalent.
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 ordinance. The owner
and permit holder shall be jointly responsible for complying with
any permit issued pursuant to this ordinance.
(A)
The applicant may be the title holder 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. Applicant, if not the title holder, is assumed to have authority
from the title holder or the security interest holder to undertake
salvage operations. The Village will be held harmless of any dispute
arising from applicant's legal authority to undertake salvage
operations. Under all circumstances, the applicant, if other than
the owner, shall be jointly and severally responsible for compliance
with the terms of this ordinance.
(B)
Application for a permit, whether initial or renewal, shall
be filed with the Village Clerk/Treasurer on forms provided by the
Village. The application shall include, but the issuing body may require
additional information of a specific applicant:
(1)
Location and square footage of occupiable space in building(s).
(2)
Name, address and contact information of the title holder of
buildings or the name, address and contact information of the security
interest holder, if applicable.
(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). Removal of any hazardous
materials or debris that is not salvageable is to be disposed with
a licensed landfill or agency approved to handle said materials.
(C)
A permit fee of $400 must accompany the application.
The granting of permits shall be conducted on a two-tiered system
based on the occupied space of the vacated building including ancillary
structures. 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.
(A)
Tier 1. Permit applications for a vacated building having occupiable
space under 10,000 square feet shall be reviewed and decided upon
by the code official pursuant to this ordinance.
In granting the permit, the code official 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 letter of credit; other state and 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 § 28.11 herein; and such other matters or limitations as the code official determines is necessary to protect the public interest.
(B)
Tier 2. Permit applications for a vacated building having occupiable space over 10,000 square feet shall be reviewed by the code official and decided upon by the Village Board. The code official shall make a recommendation to the Village Board who shall consider the following matters in granting the permit: the recommendation of the code official, 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 § 28.11 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 shall consider the permit applications only
at regular Board meetings, and only after receiving the recommendations
of the code official. Any additional cleanup by the Village from salvage
operations shall be billed to the title holder of the building or
the security holder as a special assessment to the real estate tax
bill.
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 as beneficiary, in an
amount required by the issuing body and in a form approved by the
Village Attorney. The Village 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 all funds subject
to the irrevocable standby letter of credit.
The irrevocable standby letter of credit shall be the guarantee
of performance by the permit holder. The irrevocable standby letter
of credit must be issued by a financial institution certified by the
state to conduct such business within the State of Wisconsin, allowing
for direct draw by the Village upon presentment to the issuing bank
without court action and without approval by permit holder, to complete
work or to repair damage that was the obligation of the permit holder.
The irrevocable standby letter of credit must contain as part of its
provisions that it will be maintained constantly in force as an obligation
to the Village for no less than one year after project completion
as reasonably determined by the issuing body or one year after the
expiration of a permit issued under this section to the permit holder,
whichever is later.
In considering the required amount of the irrevocable standby
letter of credit, the 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 should the Village 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 circumstances
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.
A permit issued to the applicant is permit holder and limited
to the term granted.
(A)
Initial Term. The initial term of any permit issued under this
section shall be six months from the date of issue.
(B)
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 Clerk/Treasurer
prior to expiration of the initial term or any renewal terms. Each
renewal may be granted for up to six months in length.
(C)
Assignment. No permit issued pursuant to this ordinance 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.
The following general operating requirements shall apply to
the permit holder and those working for permit holder subject to terms
of the permit in accordance with the provisions of the ordinance:
(A)
The permit issued pursuant to this ordinance shall be plainly
displayed on the premises upon which the building is located.
(B)
The building and premises shall, at all times, be maintained
in a clean, neat and sanitary of a condition as such premises will
reasonably permit.
(C)
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.
(D)
Work done under this permit shall be performance in accordance
with the permit and is subject to inspection by the code official
and other inspectors as provided in this ordinance. Any violation
of the permit shall be deemed a violation of this ordinance.
(E)
As a condition of the permit, a permit holder shall maintain
insurance policies during the lift of the permit in the following
minimum amounts which policies shall name the Village as additional
insured and provide coverage for work performed on the property or
associated with the work under the permit, and shall provide certificates
issued by the carriers as proof of all required coverages:
(2)
Pollution Legal Liability: $5,000,000 for each loss where risk
is presented for exacerbation of existing environmental pollution
or discharge of any hazardous waste to the environment or asbestos
removal, abatement, remediation or dumping/disposal in a federal or
state regulated facility is required; the Village may require a greater
or lesser minimum amount down to and including $0 Pollution Legal
Liability insurance policy, depending on the circumstances of the
project that is the subject of the permit.
(3)
Worker's Compensation: Statutory limits.
(4)
Umbrella Liability: $2,000,000 over the primary insurance coverages
listed above.
(F)
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 ordinance
based on the type of proposed activities or extent or complexity of
the salvaging activities proposed.
(G)
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.
(H)
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.
(I)
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.
(J)
There shall be full compliance with the Village building and
fire codes and with all other Village, county, state and federal laws,
rules and regulations which may be applicable.
(K)
Any costs incurred to repair utilities, plumbing, and operational
functions damaged during salvage operations are the direct responsibility
of the permit holder.
Permit holders and property owners shall allow authorized inspection
by representatives of any department of the Village and authorized
representatives of the State of Wisconsin having enforcement powers
to inspect the premises subject to the permit, with or without advanced
notice, as often as may be required to allow said representative to
perform their duties and assure compliance with this ordinance 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 ordinance
or state or federal laws.
Inspection may include inspection of the entire property subject
to the permit, including buildings, structures, basement, sub-basements,
vaults and other areas of the property.
The unreasonable failure to allow inspections shall be grounds
for denial, suspension or revocation of the permit. A $50 per day
fine will be assessed by the Building Inspector to permit holder for
denial of inspection.
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.
If in the opinion of the code official, 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 code official
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 code official. Failure to maintain insurance
or a letter of credit as required, or to permit inspection as required
are each per se violations implicating imminent danger to the public
necessitating an order to cease all operations.
In the event that an order to the permit holder requiring immediate
cessation is issued by the code official, such order may be appealed
to the Plan Commission. The Plan Commission, after hearing from the
code official, the permit holder and the public, shall affirm the
order, reverse the order, or modify the order. The decision made by
the Plan Commission may be appealed to the Village Board by either
the code official or the permit holder in accordance with the procedure
of the Village.
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 § 28.10.
Non-renewal, suspension and revocation appeal hearings shall
be held before the Plan Commission which shall submit a report to
the Village Board, including Findings of Fact, Conclusions of Law
and a recommendation as to what action, if any, the Village Board
should take with respect to the permit. The Plan Commission shall
provide the code official and the permit holder with a copy of the
report. Either the code official or permit holder may make an objection,
orally or in writing, to the report and shall have the opportunity
to present arguments supporting the objection to the Village Board.
The Village Board shall determine whether the arguments shall be presented
orally or in writing, or both. If the Village Board, after considering
the Plan Commission report and any arguments presented by the code
official and permit holder, finds the complaint to be true, of if
there is no objection to a report recommending a suspension, revocation
or nonrenewal, the permit shall be suspended, revoked or not renewed
as provided by law. If the Village Board finds the complaint untrue,
the proceedings shall be dismissed without cost to the accused. The
Village Clerk/Treasurer shall give notice of each suspension, revocation
or nonrenewal to the party whose permit is affected.
(A)
It shall be a violation of this ordinance to perform, conduct,
direct or allow removal of salvageable material except in conformance
with a valid permit issued pursuant to this ordinance.
(B)
It shall be a violation of this ordinance to disobey or act
contrary to any order issued pursuant to this ordinance.
(C)
The owner and permit holder shall be jointly and severally liable
for any violation of this ordinance and any violation of any condition
of permit pursuant to this ordinance, whether accused by act or omission,
including applicable fines and penalties together with the Village's
costs of enforcement, including attorney's fees.
(D)
Any operator involved in the violation of this ordinance shall
be found to have committed a separate violation for which it shall
be fully liable, including applicable fines and penalties together
with the Village's costs of enforcement, including attorney's
fees.
The Building Inspector shall have the primary responsibility to enforce this ordinance. Violations of this ordinance shall be subject to the general provisions of § 25.04 of these ordinances. A fine of $50 per day for each violation shall be administered upon the responsible party as described within this ordinance. Any violation of this ordinance or additional cleanup by the Village from salvage operations shall constitute a public nuisance and, in addition to any other remedies provided or allowed, the Village may apply to a court of competent and local jurisdiction for injunctive relief and the assessment of damages including attorney's fees and costs.
Permit holders shall provide reports to the code official 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.
These reports shall also include:
(E)
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.
(F)
A statement by the permit holder that documentation supporting
compliance with this ordinance will be maintained for two years from
submission of the reports.
(G)
A statement from the permit holder that the information in the
reports is truthful and accurate.
