[HISTORY: Adopted by the Village Board of the Village of
Birnamwood as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-26-2000 by Ord. No. 00-06-26]
These regulations are adopted under the authority granted by
§ 101.65, Wis. Stats.
The purpose of this article is to promote the general health,
safety and welfare and to maintain required local uniformity with
the administrative and technical requirements of the Wisconsin Uniform
Dwelling Code.
The scope of this article includes the construction, alteration,
and inspection of one- and two-family dwellings built since June 1,
1980; additions, alterations, and inspections of one- and two-family
dwellings built prior to June 1, 1980; and the construction, alteration,
and inspection of garages and other residential outbuildings over
300 square feet in size.
The Wisconsin Uniform Dwelling Code, Chs. SPS 320 to 325, Wis.
Adm. Code, and all amendments thereto, is adopted and incorporated
by reference and shall apply to all buildings within the scope of
this article.
There is hereby created the position of Building Inspector,
who shall administer and enforce this article and shall be certified
by the Department of Safety and Professional Services, as specified
by § 101.66(2), Wis. Stats., in the category of uniform
dwelling code construction inspector. Additionally, this or other
assistant inspectors shall possess the certification categories of
UDC HVAC, UDC electrical, and UDC plumbing.
No person shall alter in excess of $1,000 value in any twelve-month
period, build, add onto or alter any building within the scope of
this article without first obtaining a building permit for such work
from the Building Inspector. Any structural changes or major changes
to mechanical systems that involve extensions shall require permits.
Restoration or repair of an installation to its previous code-compliant
condition, as determined by the Building Inspector, is exempted from
permit requirements. Re-siding, reroofing, finishing of interior surfaces
and installation of cabinetry shall be exempted from permit requirements.
The building permit fees shall be determined by resolution.
The enforcement of this article and all other laws and ordinances
relating to building shall be by means of the withholding of building
permits, imposition of forfeitures and injunctive action. Forfeitures
shall be not less than $10 nor more than $100 for each day of noncompliance.
This article shall be effective September 1, 2000, upon passage
and publication as provided by law.
[Adopted 8-24-2020 by Ord. No. 20-8-6]
A.
The purpose of this article is for the Village to have information
and a record regarding the type, size and location of all buildings
and structures constructed, reconstructed, remodeled, removed or demolished
after the effective date of this article.
B.
The purpose of this article also requires all utility companies to
obtain a permit from the Village prior to the start of any and all
utility work, including but not limited to the following: telephone,
cable, gas, electric and sewer and water.
As used in this article, the following terms shall have the
meanings indicated:
Any building or structure and any installation constructed,
reconstructed, remodeled, enlarged, altered, removed or demolished
for any use within the Village, including but not limited to one-
and two-family dwellings, manufactured homes, mobile homes, temporary
or seasonal dwellings, garages, agricultural structures, and outbuildings.
Any person having a legal or equitable interest in a building.
"Owner" does not include any person whose legal or equitable interest
in a building is a security interest derived solely from the extension
of credit to permit construction or remodeling of the building or
purchase of the building by a third party.
The Village of Birnamwood, Wisconsin, and includes the Village's
officers, employees, and agents when appropriate.
The Board of Trustees for the Village of Birnamwood or any
person designated to act for said Board.
The Clerk-Treasurer of the Village of Birnamwood or his or
her deputy or agent.
The Wisconsin Statutes, including successor provisions.
The owner of any building or structure in the Village, unless
exempt under this article, who constructs, installs, remodels, reconstructs,
enlarges, alters, removes, or demolishes any building or structure
within the Village shall seek and obtain from the Village a village
building information permit prior to commencing, or causing the commencement
of, any construction, installation, remodeling, reconstruction, enlargement,
altering, removing, or demolishing of any building.
The requirement in § 71-12 to obtain a village building information permit shall not apply to any of the following:
A.
Buildings or structures owned by the Village.
B.
Additions, remodeling, reconstruction, enlargement, or alterations
to buildings, when the cost of the work, including labor, shall be
less than $1,000 within a twelve-month period.
C.
The restoration or repair of building equipment, such as furnaces,
central air conditioners, water heaters, and similar mechanical equipment
without the alteration or addition to the building or structure.
The issuance of the village building information permit does
not relieve the owner from any of the following:
The Village Board is authorized to approve by resolution a village
building information permit form, designate the person or persons
authorized to issue the permits, and establish a fee for issuance
of the permits.
Any person that fails to comply with the provisions of this
article shall, upon conviction, pay a forfeiture of not less than
$25 nor more than $100, plus the applicable surcharges, assessments
and costs for each violation. Each day a violation exists or continues
constitutes a separate offense under this article. In addition, the
Village Board may seek injunctive relief from a court of record to
enjoin further violations.
If any provision of this article or its application to any person
or circumstance is held invalid, the invalidity does not affect other
provisions or applications of this article that can be given effect
without the invalid provision or application, and to this end the
provisions of this article are severable.
This article is in effect as of its date of adoption by the
Village Board, Village of Birnamwood. The article can be revised,
suspended or revoked by the Village Board at any time.
