[Adopted as Title 10, Ch. 2, of the 1985 Code]
A. 
Title. This article shall be known as the "One- and Two-Family Dwelling Code of the City of Neillsville."
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.
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 Clerk-Treasurer's Office.
[Amended 9-13-2000 by Ord. No. 973; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
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 as a one- or two-family dwelling.
MANUFACTURED DWELLING
A. 
Any structure or component thereof which is intended for use as a dwelling, that:
(1) 
Is of closed construction and fabricated or assembled on site or off site in manufacturing facilities for installation, connection or assembly and installation at the building site; or
(2) 
Is a building of open construction, which is made or assembled in manufacturing facilities away from the building site and for installation, connection, or assembly and installation on the site and for which certification is sought by the manufacturer.
B. 
The term "manufactured dwelling" does not include a building of open construction, which is not subject to Subsection A(2). A single or double width manufactured (mobile) home is not considered a manufactured dwelling and is not subject to this article.
MANUFACTURED HOME
A structure or structures certified and labeled as a manufactured home under 42 U.S.C. §§ 5401 to 5406, built since June 15, 1976, that bears a seal indicating it has met the mobile home construction and safety standards of the United States Department of Housing and Urban Development (HUD) standards, is used as a permanent, single-family residential dwelling, is installed in accordance with the manufacturer's instructions, is properly connected to all applicable utilities, and is set on an enclosed foundation in accordance with § 180-14C(4), Neillsville Ordinances, and Subchapters iii, iv and v of Ch. SPS 321, Wis. Adm. Code, as certified by the Building Inspector prior to occupancy.
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.
MOBILE HOME
A single-family dwelling built on or before June 15, 1976, designed to be towed or transported and use as a residential dwelling, does not include a manufactured home. "Mobile home" also means any coach, cabin, travel trailer, mobile home, house, car or other structure which is/was originally constructed or designed to be transported by any motor vehicle upon a public highway and designed, equipped, or used for sleeping, eating or living quarters or as a place of business, or is intended to be so used, whether mounted upon wheels or supports or capable of being moved by its own power or transported by another vehicle, and includes any additions, attachments, foundations annexed or appurtenances thereto.
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:
Ch. SPS 320, Administration and Enforcement
Ch. SPS 321, Construction Standards
Ch. SPS 322, Energy Conservation
Ch. SPS 323, Heating, Ventilating and Air Conditioning
Ch. SPS 324, Electrical Standards
Ch. SPS 325, Plumbing
For the purpose of administering and enforcing the provisions of this article and the Uniform Dwelling Code, the City shall contract with a certified individual inspector or an independent inspection agency or contract with the Department of Safety and Professional Services.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
Contract. The City shall contract with an individual who is certified by the Department in each category specified under § SPS 305.63, Wis. Adm. Code, and by the Department of Safety and Professional Services in the category of plumbing or an independent inspection agency, which is certified by the Department in each category specified under § SPS 305.63, Wis. Adm. Code, and by the Department of Safety and Professional Services in the category of plumbing, for the purpose of administering and enforcing the provisions of this article and the Uniform Dwelling Code. The City Clerk-Treasurer shall forward all building permit applications and submitted plans to the certified inspector or independent inspection agency with whom the City has contracted.
B. 
In the context of this article, these terms "certified inspector" and "independent inspection agency" shall be deemed synonymous and interchangeable.
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 that work shall first be obtained by the owner, or his/her 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. 
Submission of plans. The applicant shall submit two sets of plans for all new or repairs or additions to existing one- or two-family dwellings at the time that the building permit application is filed.
C. 
Issuance of 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 Clerk-Treasurer.
[Amended 2-8-1994 by Ord. No. 915; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Fees for building permits and inspections are as established by the Common Council from time to time by resolution.
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 of the provisions of this article shall, upon conviction, be subject to a forfeiture of not less than $50 nor more than $500, together with the costs of prosecution and, if in default of payment thereof, shall be imprisoned for a period of not less than one day or more than six months or until such forfeiture and costs are paid.
B. 
If an inspection 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/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 through 325, Wis. Adm. Code, is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remaining provisions shall not be affected.