[HISTORY: Adopted by the City Council of the City of Edgerton as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-1-1993 by Ord. No. 2-93 (§§ 20.01 through 20.16 of the 1993 Municipal Code)]
A. 
Title. This article shall be known as the "One- and Two-Family Dwelling Code of the City of Edgerton."
B. 
Purpose. The purpose and intent of this article is to:
(1) 
Exercise jurisdiction over the construction and inspection of new one- and two-family dwellings and additions to existing one- and two-family dwellings;
(2) 
Provide plan review and on-site inspections of one- and two-family dwellings by inspectors certified by the Department of Safety and Professional Services;
(3) 
Establish and collect fees to defray administrative and enforcement costs;
(4) 
Establish remedies and penalties for violations; and
(5) 
Establish use of the Wisconsin uniform building permit as prescribed by the Department of Safety and Professional Services.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The Administrative Code provisions describing and defining regulations with respect to one- and two-family dwellings in Chs. SPS 320 to 325, Wis. Adm. Code, whose effective dates are generally June 1, 1980, are hereby adopted and by reference made a part of this article as if fully set forth herein. Any act required to be performed or prohibited by an Administrative Code provision incorporated herein by reference is required or prohibited by this article. Any future amendments, revisions or modifications of the Administrative Code provisions incorporated herein are intended to be made part of this article to secure uniform statewide regulation of one- and two-family dwellings in this City of the State of Wisconsin. A copy of these Administrative Code provisions and any future amendments shall be kept on file in the City Administrator's office.
As used in this article, the following terms shall have the meanings indicated:
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
A. 
Any building, the initial construction of which is commenced on or after the effective date of this article, which contains one or two dwelling units; or
B. 
An existing structure, or that part of an existing structure, which is used or intended to be used for 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
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 Standards
Chapter SPS 323, Heating, Ventilating and Air Conditioning
Chapter SPS 324, Electrical Standards
Chapter SPS 325, Plumbing
For the purpose of administering and enforcing the provisions of this article and the Uniform Dwelling Code, the City shall establish the office of Building Inspector which shall be filled by that method prescribed under § 192-5 and § 101-14 of this Municipal Code.
A. 
Creation and appointment. There is hereby created the office of Building Inspector. The Building Inspector shall be appointed in accordance with § 101-15 of the Municipal 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, and by the Department of Safety and Professional Services in the category of plumbing.
B. 
Subordinates. The Building Inspector may appoint, as necessary, subordinates, which appointment shall be subject to confirmation by the Council. Any subordinate hired to inspect buildings shall be certified under Ch. SPS 305, Wis. Adm. Code, by the department.
C. 
Duties. The Building Inspector shall administer and enforce all provisions of this article and the Uniform Dwelling Code.
D. 
Powers. The Building Inspector or an authorized certified agent may at all reasonable hours enter upon any pubic 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 the performance of his/her duties.
E. 
Records. The Building Inspector shall perform all administrative tasks required by the Department under the Uniform Dwelling Code.
A. 
Building permits required. No one- or two-family dwelling of which initial construction shall be commenced after June 1, 1980, shall be built, enlarged, altered, or repaired unless a building permit for the work shall first be obtained by the owner, or his agent, from the Building Inspector. Application for a building permit shall be made in writing upon that form, designated as the Wisconsin Uniform Dwelling Permit Application, furnished by the Department of Safety and Professional Services.
B. 
Repairs and additions requiring permit.
(1) 
No addition, alteration or repair to an existing one- or two-family dwelling not deemed minor repair by the Building Inspector shall be undertaken unless a building permit for this work shall first be obtained by the owner, or his agent, from the Inspector.
(2) 
Where any building or other structure is erected, moved or structurally altered so as to change its use or increase its floor area.
(3) 
Where 50% or more of the full assessed value of a structure is destroyed and it is being repaired or altered.
(4) 
For any accessory buildings.
C. 
Cases where building permit is not required.
(1) 
For any improvements or alterations to an existing building in the amount of $2,000 or less which shall not effect a structural change in use or encroach upon any yard or open space.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(2) 
For any maintenance repairs regardless of cost.
D. 
Application for building permit. An application for building permit shall be made to the Building Inspector upon forms furnished. The applicant shall submit two sets of plans for all new repairs or additions to existing one- or two-family dwellings at the time that the building permit application is filed. The application shall include, for the purpose of proper enforcement of these regulations, the following data:
(1) 
An accurate map of the property, in duplicate and properly dimensioned, showing:
(a) 
The boundaries of the property involved.
(b) 
The location of the center line of any abutting streets or highways.
(c) 
The location of the lot of an existing buildings, proposed additions or proposed new buildings, including the measured distances between such buildings, and from the lot lines, and from the center line of any abutting streets or highways to the nearest portion of such building.[1]
[1]
Editor's Note: Former § 20.06D(1)(d) of the 1993 Municipal Code, regarding high-water lines, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
The use to be made of the building, structure, or land, and such other information as may be required by the Building Inspector for the proper enforcement of this chapter.
(3) 
Any other requirements of this chapter and Chapter 450, Zoning.
E. 
Issuance of building permit. If the Building Inspector finds that the proposed building or repair or addition complies with all City ordinances and the Uniform Dwelling Code, the Inspector shall officially approve the application and a building permit shall be subsequently issued to the applicant. The issued building permit shall be posted in a conspicuous place at the building site. A copy of any issued building permit shall be kept on file with the City Administrator.
F. 
Building permit fee. The applicant, upon filing of building permit application with the Building Inspector, shall pay a fee to the Building Inspector in accordance with the building permit requirements of this chapter.
[Amended by Ord. No. 97-29]
[Amended by Ord. No. 02-23]
At anytime the application for a building permit is filed, the applicant shall pay the fees in accordance with the current Building Fees Resolution adopted by the City Council.[1]
[1]
Editor's Note: The current Building Fees Resolution is on file in the City Hall.
A. 
No person shall erect, use, occupy or maintain any one- or two-family dwelling in violation of any provision of this article or the Uniform Dwelling Code or cause to permit any such violation to be committed. Any person violating any provisions of this article shall, upon conviction, be subject to a penalty in accordance with § 192-16.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B. 
If an investigation reveals a noncompliance with this article or the Uniform Dwelling Code, the Building Inspector shall notify the applicant and the owner, in writing, of the violation(s) 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, Wis. Adm. Code.
C. 
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.
D. 
Each day each violation continues after the thirty-day written notice period has run shall constitute a separate offense. Nothing in this article shall preclude the City from maintaining any appropriate action to prevent or remove a violation of any provision of this article or the Uniform Dwelling Code.
E. 
If any construction or work governed by the provisions of this article or the Uniform Dwelling Code is commenced prior to the issuance of a permit, double fees shall be charged.
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.
This article shall not be construed as an assumption of liability by the City for damages because of injuries sustained or property destroyed by any defect in any dwelling or equipment.
If any section, clause, provision or portion of this article or of Chs. SPS 320, 321, 322, 323, 324 and 325, Wis. Adm. Code, is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remaining provisions shall not be affected.
A. 
Moving of building. Before a permit to move any building is granted by the Building Inspector, the party applying therefor shall give a bond providing the building is moved into, across, or along any street, alley, or other public property, to an amount determined by the Building Inspector, with good and sufficient sureties to be approved by the City Administrator, conditioned among other things that said party will save and indemnify judgments, costs and expenses which may in any way accrue against the City of Edgerton, and keep the City harmless against all liabilities, judgments, costs and expenses in consequence of the granting of such permit; provided, further, that there shall be an agreement made with the proper officials of the electric and telephone companies satisfactory to said officials to cover costs of the removal, cutting or raising or wires, poles and fixtures. Streets or alleys shall not be blocked so traffic cannot pass, without the consent of the Building Inspector. There shall be no object projecting on either side of the building into the passageway unless such object is protected with a lighted lantern. Lanterns shall be kept burning continuously from sunset to sunrise.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B. 
Additional requirements for permit to move building.
(1) 
A permit fee as set by the City Council in the current Fee Schedule, on file in City Hall, shall be paid to the City Administrator.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(2) 
An application for permit must be completed on the forms designated by the Building Inspector.
(3) 
The building must conform to Chapter 450, Zoning, and all building codes of the City of Edgerton for the zoning district of the proposed location.
(4) 
The architectural styles and appraised value of the building to be moved must be compatible with neighboring buildings of the proposed location.
(See also § 314-11 of this Code.)
A. 
Building Inspector's duties: license revocation. Whenever the Building Inspector shall find, or any citizen represents, that any building, structure, or door, stairway, corridor, exit or fire escape thereof is unsafe, by reason of bad condition, defective construction, overloaded floors, decay, lack of guards against fire or other cause, in any theater, church, school, public building, factory or workshop, or any other place of employment, he shall notify the owner or tenant thereof to cause the same to be made safe, and shall also affix a notice of the dangerous character thereof in a conspicuous place on the outside wall thereof, and no person shall remove or deface such notice. The owner or tenant of such building or structure shall thereupon immediately cause the same to be made safe, and if any such building is used for a purpose requiring a license, the Mayor may revoke such license until the building is made safe to the satisfaction of the Building Inspector.
B. 
Building Inspector may make building safe. Where the public safety requires immediate action, the Building Inspector shall enter upon the premises, with such assistance as may be necessary, and cause the building or structure to be made safe or to be removed and the expense of such work may be recovered by the City in an action against the owner or tenant. The Fire Department shall give all reasonable assistance to the Building Inspector in such work.
C. 
Repair to damaged buildings. No building or part of a building which may hereafter be damaged by fire or other elements to the extent of 50% of the fair market value thereof shall be repaired or rebuilt, nor shall such building, when damages are less than 50% of its fair market value, be so repaired as to be raised higher than the highest part left standing after such damage shall have occurred, or so as to occupy a greater space than before the damage thereto.
(1) 
Fair market value, as used in this section, shall mean that price which the building will sell for in negotiations resulting in a sale between an owner willing, but not obligated, to sell and a willing buyer not obligated to buy. The percentage of damage shall be determined by a comparison of fair market value before and a fair market value of the building after the damage.
D. 
Determination of damage and appeal. The Building Inspector shall determine the extent of damage that may have been done to any building, and the City Assessor shall determine the fair market value. However, an appeal may be taken from their decision to the Zoning Board of Appeals, whose decision shall be final.
E. 
Emergency authority of Fire Chief. In circumstances where, in the opinion of the Fire Chief of the Edgerton Fire Protection District, the State of Wisconsin Fire Code violation presents a situation so dangerous as to be an immediate threat of damage or injury to any property or any person's life, safety or health, the Fire Chief may cause the immediate abatement, removal or correction of the violation. Any and all costs incurred by the City and/or Fire District in the performance of the abatement, removal or correction of such violation shall be charged to the owner, occupant, person in control of or person responsible for such violation. In case of a failure to pay these costs, a statement of such costs shall be filed with the City Administrator, and any and all costs thereof shall be charged against the real estate upon which the violation was located, shall be a lien upon the real estate, and shall be assessed and collected as a special charge.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
F. 
Demolition of buildings damaged by fire; abatement of nuisances. The Building Inspector or Fire Chief shall have the authority to order the owner or occupant of any premises to remove or abate any nuisance caused by destruction or partial demolition of any building seriously damaged by fire. If such owner or occupant shall neglect or refuse to comply with such order, the Building Inspector or Fire Chief shall order the removal and abatement of the said premises and the cost thereof shall be reported to the City Administrator who shall enter it on the tax roll and levy a special charge against said property and the same shall be collected in all respects like other taxes entered upon the tax roll. Furthermore, the person or persons neglecting or refusing to obey such order shall be subject to the penalty as set forth in § 192-13H. The power hereby conferred on the Building Inspector and the Fire Chief of the Edgerton Fire Protection District may be exercised by any other individual designated by the Mayor or the City Council.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
G. 
Appeal of decision. Any owner, occupant, tenant of any affected building may appeal the decision of the Building Inspector to the City of Edgerton Public Safety Committee.
H. 
Penalty. Any person violating any provision of this section shall be subject to a penalty in accordance with § 192-16.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
Required. The owner of any commercial building(s) having a sprinkler system or remote alarm system, or any apartment building containing three or more apartments within the City of Edgerton, shall have on the outside of the building at the location of the front door not more than five feet nor less than three feet off the ground a locked key box which shall contain a master key that will open all apartment units in the building. Said key box shall be purchased from the Edgerton Fire Department and said Fire Department shall keep a master box key so that the Fire Department shall have access to all apartments in the event of a fire or other calamity.
B. 
Penalty. Any owner failing to provide said key box or failing to provide a master key in said box shall be subject to a penalty in accordance with § 192-16. Each day without the required key box or required master key to all apartments shall constitute a separate offense.[1]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
[1]
Editor's Note: Original Section 20.15, Burglary alarms and fire alarm systems, which immediately follows this subsection, was repealed by Ord. No. 14-05.
A. 
Definitions. As used in this section, the following terms shall have the meaning given:
DWELLING
Any building which contains one or two dwelling units.
DWELLING UNIT
A structure or that part of a structure which is used or intended to be used as a home, residence, or sleeping place by one person or by two or more persons maintaining a common household, to the exclusion of all others.
OWNER
Any person having a legal or equitable interest in the dwelling. "Owner" does not include any person whose legal or equitable interest in the dwelling is a security interest derived solely from the extension of credit to permit construction or remodeling of the dwelling or purchase of the dwelling by a third party.
SMOKE DETECTOR
A device which detects particles or products of combustion other than heat.
B. 
Approval. A smoke detector required under this section shall be approved by Underwriters Laboratory.
C. 
Installation and maintenance. A smoke detector required under this section shall be installed according to the directions and specifications of the manufacturer and maintained in good working order.
D. 
Requirement. The owner of a dwelling shall install a functional smoke detector in the basement of the dwelling and on each floor level except the attic or storage area of each dwelling unit. The occupant of such a dwelling unit shall maintain a smoke detector in that unit, except that if any occupant who is not the owner gives written notice to the owner that the smoke detector is not functional, the owner shall provide, within five days after receipt of that notice, any maintenance necessary to make that smoke detector functional.
E. 
Penalty. Whoever violates this section shall be subject to a penalty in accordance with § 192-16. Each day that such violation continues constitutes a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Any person violating any of the provisions of this chapter shall forfeit not less than $25 nor more than $500; and shall be subject to any other specific penalties listed in this chapter or the general penalty as set forth in § 1-6 of this Code.