(1) 
Purpose. The purpose of this Chapter is to provide 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.
(2) 
Scope. 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 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. Any existing building shall be considered a "new building" for the purposes of this chapter whenever it is used for dwelling, commercial or industrial purposes, unless it was being used for such purpose at the time this chapter was enacted. The provisions of this chapter supplement the laws of the State of Wisconsin pertaining to construction and use and the Zoning Code of the Village and amendments thereto to the date this chapter was adopted and in no way supersede or nullify such laws and said Zoning Code.
(1) 
The following Chapters of the Wisconsin Administrative Code, as well as all subsequent revisions, are adopted by the Village of Belleville and shall be enforced by the Building Inspector.
(a) 
Wis. Adm. Code Chapter ATCP 93, Flammable, Combustible and Hazardous Liquids.
(b) 
Wis. Adm. Code Chapter SPS 302, Fee Schedule, Subchapter III, Buildings.
(c) 
Wis. Adm. Code Chapter SPS 305, Credentials.
(d) 
Wis. Adm. Code Chapter SPS 316, Electrical Code.
(e) 
Wis. Adm. Code Chapter SPS 318, Elevators, Escalators and Lift Devices.
(f) 
Wis. Adm. Code Chapters SPS 320 to SPS 325, Uniform Dwelling Code.
(g) 
Wis. Adm. Code Chapter SPS 327, Camping Units.
(h) 
Wis. Adm. Code Chapter SPS 328, Smoke Detectors and Carbon Monoxide Detectors.
(i) 
Wis. Adm. Code Chapter SPS 340, Gas Systems.
(j) 
Wis. Adm. Code Chapter SPS 341, Boilers and Pressure Vessels.
(k) 
Wis. Adm. Code Chapters SPS 361 to SPS 366, Commercial Building Code.
(l) 
Wis. Adm. Code Chapters SPS 375 to SPS 379, Buildings Constructed Prior to 1914.
(m) 
Wis. Adm. Code Chapters SPS 381 to SPS 387, Uniform Plumbing Code.
(n) 
Fire Code adopted. The Fire Code of the National Fire Protection Association (NFPA 1) is hereby adopted and made a part of this chapter by reference. Any future amendments, revisions and modifications of said Fire Code incorporated herein are intended to be made a part of this chapter.
(2) 
Scope of Uniform Dwelling Code expanded.
(a) 
For the purposes of this ordinance, the standards contained in the Wisconsin Uniform Dwelling Code shall be expanded to apply as the standards for construction of the following:
1. 
Additions, alterations and major equipment replacements for one (1) and two (2) family dwellings built prior to June 1, 1980.
2. 
Detached accessory buildings greater than two hundred (200) sq. ft. serving one (1) and two (2) family dwellings.
3. 
Frost Protection for Footings and Foundations.
4. 
Grade-beam slabs are required for structures with a continuous floating slab of reinforced concrete. Slab shall not be less than four (4) inches in thickness. Reinforcement shall be a minimum of six by six (6 x 6) inch, number ten (10) wire mesh or by using one and one-half (1.5) pounds of fiber mesh per cubic yard of concrete with varying fiber mesh lengths. The slab shall be provided with a thickened edge all around, eight (8) inches wide and eight (8) inches below the top of the slab. v. Structures not constructed with a floating slab shall have footings and foundations placed below frost penetration level, but in no case less than forty-eight (48) inches below grade per Chapter SPS 321, Wis. Adm. Code.
(b) 
Detached accessory buildings less than two hundred (200) square feet in size, concrete slabs, frost-free footings, and the like are not required, but if they are installed, they shall follow (ii) above and/or Chapter SPS 321, Wis. Adm. Code. Wood bearing beams, walls or members in contact with the ground shall be pressure treated or decay resistant type wood per Section SPS 321.10, Wis. Adm. Code.
(3) 
Conflicts. If, in the opinion of the Building Inspector and the Village Board, the standards adopted by this section conflict with the provisions of the Federal Housing Administration standards in their application to any proposed building or structure, the Building Inspector and/or the Village Board shall apply the most restrictive provisions in determining whether the proposed building meets the requirements of this section.
(1) 
Delegated municipality. The Village has adopted the Delegated Municipality Status as described in Section SPS 361.60, Wis. Adm. Code.
(2) 
Responsibilities. The Village shall assume the following responsibilities for the Department of Safety and Professional Services (Department):
(a) 
Provide inspection of commercial buildings with certified commercial building inspectors.
(b) 
Provide plan examination of commercial buildings with certified commercial building inspectors.
(3) 
Plan examination. Drawings, specifications and calculations for all the types of buildings and structures, except state-owned buildings and structures, to be constructed within the limits of the Village of Belleville shall be submitted, if the plans are for any of the following:
(a) 
A new building or structure containing less than fifty thousand (50,000) cubic feet of total volume.
(b) 
An addition to a building or structure where the area of the addition results in the entire building or structure containing less than fifty thousand (50,000) cubic feet of total volume.
(c) 
An addition containing no more than twenty-five hundred (2,500) square feet of total floor area and no more than one (1) floor level, provided the largest roof span does not exceed eighteen (18) feet, and the exterior wall height does not exceed twelve (12) feet.
(d) 
An alteration of a space involving less than one hundred thousand (100,000) cubic feet of total volume.
(e) 
A certified or delegated municipality may waive its jurisdiction for the plan review of a specific project or types of projects, or components thereof, in which case plans and specifications shall be submitted to the Department for review and approval.
(f) 
The department may waive its jurisdiction for the plan review of a specific project, where agreed to by a certified municipality, in which case plans and specifications shall be submitted to the certified municipality for review and approval.
(4) 
Plan submission procedures. All commercial buildings, structures and alterations, including new buildings and additions less than twenty-five thousand (25,000) cubic feet, require plan submission as follows:
(a) 
Building permit application;
(b) 
Application for review – State of Wisconsin SBD-118 or Municipal Equivalent;
1. 
Fees per municipal fee schedule.
2. 
Fees apply to all commercial projects.
(c) 
Four (4) sets of plans;
(d) 
Signed and sealed per Section SPS 361.31, Wis. Adm. Code;
(e) 
One (1) set of specifications;
(f) 
Component and system plans; and
(g) 
Calculations showing code compliance.
(1) 
General permit requirements. 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 or her authorized agent, from the Building Inspector or his or her designee.
(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.
(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 existing 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) 
When alterations are 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 fifty percent (50%) of the assessed value of the building or structure, no alterations or moving of such building or structure shall be permitted. Any such building or structure shall be considered a menace to public safety and welfare and shall be ordered vacated and thereafter demolished, and debris removed from the premises.
(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.
(3) 
Application. Application for a building permit shall be made in writing upon a form furnished by the Building Inspector or his or 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.
(4) 
Site plan approval. The procedures in Section 16.128 of the Zoning Code, Site plan approval, shall be followed.
(a) 
Before a building permit may be issued under this section proof that an adequate trash receptacle has been or will be replaced on the premises or that an enclosed structure on the premises will be adequate to store the trash and rubbish resulting from the construction, improvement, addition or repair must be shown. The Building Inspector shall determine whether the trash receptacle or enclosed structure is adequate. All trash and rubbish resulting from the construction, improvement, addition or repair of the premises shall either be placed neatly and securely in the trash receptacle or stored in an enclosed structure on the premises.
(b) 
A letter of Zoning Compliance shall be a requirement for site plan approval. This letter will serve to prove that the setbacks and elements of the site plan conform to the Village Zoning Code at the time of submittal.
(5) 
Utility and street requirements for 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.
(6) 
Utilities required.
(a) 
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. Requirements for sewer and water may be waived for buildings intended for Agricultural Use in Agriculturally Zoned Districts.
(b) 
Occupancy. No person shall occupy any building until sewer, water, 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 servicing the property.
(7) 
Waiver of plans; minor repairs.
(a) 
Waiver. If the Building Inspector finds that the character of the work is sufficiently described in the application, he or she may waive the filing of plans for alterations, repairs or moving, provided that the cost of such work does not exceed two thousand dollars ($2,000.00).
(b) 
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 valued at less than one thousand dollars ($1,000.00), as determined by the Building Inspector, 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.
(8) 
Submission of plans. The owner or contractor shall, with respect to any proposed construction or demolition, submit two (2) sets of building plans to the Inspector for any work which expands the size of a building, any new building or as required by the Building Inspector. If a new building or building addition is proposed, a plat of survey stamped by a surveyor licensed by the State of Wisconsin, drawn to scale showing such proposed work and existing buildings and property lines shall be submitted. A third set of plans may be requested at the discretion of the Building Inspector for the Assessor. The Building Inspector may require the owner or contractor to submit plans for any construction or demolition project when the Building Inspector determines that it is necessary to review such plans to assure that the proposed project will comply with all applicable codes.
(9) 
Approval of plans.
(a) 
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 or 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.
(b) 
In case adequate plans are presented for part of the building only, the Building Inspector, at his or her discretion, may issue a permit for that part of the building before receiving the plans and specifications for the entire building.
(10) 
Permit lapses. A building permit shall lapse and be void unless building operations are commenced within six (6) months or if construction has not been completed within twelve (12) months from the date of issuance thereof.
(11) 
Revocation of permit.
(a) 
The Building Inspector or the Village Board may revoke any building, HVAC, 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:
1. 
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 had been issued to him or her.
2. 
Whenever the continuance of any construction becomes dangerous to life or property.
3. 
Whenever there is any violation of any condition or provisions of the application for permit or of the permit.
4. 
Whenever, in the opinion of the Building Inspector, there is inadequate supervision provided on the job site.
5. 
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.
6. 
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 of construction, devices or appliances.
(b) 
The notice revoking a building, HVAC, plumbing or electrical permit, certificate of occupancy or approval shall be in writing and may be served upon the applicant for the permit, owner of the premises and his or her agent, if any, and on the person having charge of construction.
(c) 
A revocation placard shall also be posted upon the building, structure, equipment or premises in question by the Building Inspector.
(d) 
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 or she may require for the preservation of life and safety.
(12) 
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.
(13) 
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.
(14) 
Extension of permit. Permit extensions may be granted at the discretion of the Building Inspector. The fee for a permit extension will be the base fee for the specific permit or permits which are to be extended. Work performed after the expiration of original permit shall be deemed as work being commenced without permit and will be subject to Section 12.15 of this code.
(1) 
Existing buildings.
(a) 
The Wisconsin Uniform Dwelling Code shall also apply to buildings and conditions where an existing building is to be occupied as a one (1)- or two (2)-family dwelling, which building was not previously so occupied.
(b) 
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 Section 12.04 shall also apply.
(c) 
Roof coverings. Whenever more than twenty-five percent (25%) of the roof covering of a building is replaced in any twelve (12)-month period, all roof covering shall be in conformity with applicable sections of this chapter.
(d) 
Additions and alterations. Any addition or alteration, regardless of cost, made to a one (1)- or two (2)-family building shall be made in conformity with applicable sections of this chapter.
(2) 
Method of enforcement.
(a) 
Certified inspector to enforce. The Building Inspector and his or her delegated representatives are hereby authorized and directed to administer and enforce all 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 Section SPS 305.63, Wis. Adm. Code.
(b) 
Subordinates. The Building Inspector may appoint, as necessary, subordinates as authorized by the Village Board.
(c) 
Duties. The Building Inspector shall administer and enforce all provisions of this chapter and the Uniform Dwelling Code.
(d) 
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 or her agent while in performance of his or her duties.
(e) 
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 purpose 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 (1)- and two (2)-family dwellings shall be kept.
(3) 
Requirements for dwelling units.
(a) 
No dwelling unit shall be erected or installed in any zoning district unless it meets all of the following:
1. 
It is set on an enclosed foundation in accordance with Section 70.17(3), Wis. Stats., which meets the standards set forth in Subchapters III, IV and V of Chapter SPS 321, Wis. Adm. Code. The Building Inspector may require a plan certified by a registered architect or registered professional engineer to be submitted to ascertain that a proposed comparable foundation system provides proper support for the structure.
2. 
It is properly connected to utilities per this chapter.
(b) 
Living area, not including finished basements, enclosed porches, garages or decks, shall be measured from the outside edge of the exterior walls for each floor level.
(1) 
Permit required. No owner or contractor may commence construction of any commercial building or mechanical system prior to obtaining a valid permit from the Building Inspector.
(a) 
The construction which shall require a building permit includes, but is not limited to:
1. 
New commercial buildings including agricultural buildings, detached structures (decks), and detached accessory buildings.
2. 
Additions that increase the physical dimensions of a building, including, but not limited to, decks.
3. 
Alterations to the building structure cost shall include market labor value, or alterations to the building’s heating, electrical, or plumbing systems.
4. 
Replacement of major building equipment, including furnaces and central air conditioners, water heaters, and any other major piece of equipment.
5. 
Any electrical wiring for new construction or remodeling excluding new wiring for existing industrial and manufacturing facilities that do not require State mandated building plan review.
6. 
Any HVAC for new construction or remodeling.
7. 
Any plumbing for new construction or remodeling.
8. 
Any new or re-wired electrical service, including services for agricultural buildings.
(2) 
Building-HVAC-Electrical-Plumbing Inspector.
(a) 
The Building Inspector shall be certified for inspection purposes by the Department in the required categories specific under Chapter SPS 305, Wisconsin Administrative Code.
(b) 
Assistants. The Building Inspector may employ, assign, or appoint, as necessary, assistant inspectors. Any assistant hired to inspect buildings shall be certified as defined in Chapter SPS 305, Wisconsin Administrative Code, by the Department.
(c) 
Duties. The Building Inspector shall administer and enforce all provisions of this section.
(d) 
Powers. The Building Inspector or an authorized certified agent of the Building Inspector may, at all reasonable hours, enter upon any public or private premises for inspection purposes. The Building Inspector may require the production of the permit for any building, plumbing, electrical, or heat work. No person shall interfere with or refuse to permit access to any such premises to the Inspector or his/her agent while in the performance of his/her duties. If the Inspector is refused access to any such premises, then the Inspector is authorized to apply for a special inspection warrant pursuant to Section 66.0119, Wis. Stats.
(3) 
Violations and penalties.
(a) 
Prohibition. No person, entity, or firm may construct, remodel, demolish, or repair any building in a manner which violates any provision or provisions of this ordinance.
(b) 
Every person, firm, or entity which violates this code shall, upon conviction, forfeit not less than twenty-five dollars ($25.00) and nor more than one thousand dollars ($1,000.00) for each day of non-compliance, together with the costs of prosecution. Each day of non-compliance shall be a separate violation.
(c) 
Violations discovered by the Building Inspector shall be corrected within thirty (30) days, or more if allowed by the Building Inspector, after written notice is given. Violations involving life safety issues shall be corrected in a reasonable time frame established by the Building Inspector.
(d) 
Compliance with the requirements of this ordinance is necessary to promote the safety, health, and well-being of the community and the owners, occupants, and frequenters of buildings. Therefore, violations of this ordinance shall constitute a public nuisance that may be enjoined in a civil action.
(1) 
Basement subflooring. First floor subflooring shall be completed within sixty (60) days after the basement is excavated.
(2) 
Fencing of excavations. The owner of any premises on which there exists an opening or excavation which is located one hundred (100) feet from 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 (4) feet high between such opening or excavation and the public right-of-way. The Building Inspector, at their sole discretion, may require a fence to be erected around an excavation at any time where there is a circumstance that may exist which threatens public safety.
(3) 
Closing of abandoned excavations. Any excavation for building purposes or any uncovered foundation which shall remain open for more than sixty (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 oversees 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 publication in the official newspaper for two (2) consecutive publications at least ten (10) days before the time for compliance stated in the order commences to run. Such time shall be not less than fourteen (14) nor more than twenty (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 Section 66.0703, Wis. Stats.
(1) 
All materials, methods of construction and devices designed for use in buildings or structures covered by this chapter and not specifically mentioned in or permitted by this chapter shall not be so used until approved in writing by the State 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.
(2) 
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 State Department of Safety and Professional Services. The data, tests and other evidence necessary to prove the merits of such material, method of construction or device shall be determined by the State Department of Safety and Professional Services.
(1) 
General requirements.
(a) 
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 and the conditions to be complied with and shall limit the time during which said moving operations shall be continued.
(b) 
A report shall be made by the Village Forester or their designee regarding 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 Clerk prior to issuance of the moving permit.
(c) 
Issuance of moving permit shall further be conditioned on approval of the moving route by the Village Board.
(2) 
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.
(3) 
Street repair. Every person receiving a permit to move a building shall, within one (1) day after said building reaches its destination, report that fact to the Director of Public Works, who shall cause the inspection of all right-of-way and infrastructure over which or adjacent to that used for said building to be moved and ascertain their condition. If the removal of said building has caused any damage to any right of way or infrastructure, the person to whom the permit was issued shall forthwith place it in as good repair as it was before the permit was granted. On the failure of said permittee to do so within ten (10) days thereafter to the satisfaction of the Village Board, the Village shall repair the damage done to such street right of way or infrastructure and hold the person obtaining such permit and the sureties on his or her bond responsible for the payment of the same.
(4) 
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 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 or she 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 that 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.
(5) 
Bond.
(a) 
Before a permit is issued to move any building over any public right of way in the Village, the party applying therefor shall give a bond to the Village of Belleville in a sum to be determined by the Village Engineer and approved by the Village Board, said bond to be executed by a corporate surety or two (2) personal sureties to be approved by the Village Board or designated agent, conditioned upon, among other things, the indemnification of 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.
(b) 
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 unlikely, the bond required by Section 12.09(5)(a) shall be further conditioned upon the permittee erecting adequate barriers and, within forty-eight (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.
(c) 
Insurance. The Building Inspector shall require, in addition to said bond above indicated, public liability insurance covering injury and property damage in a sum deemed necessary by the Village Attorney and approved by the Village Board.
Whenever the Building Inspector, Zoning Administrator or Village Board finds any building or part thereof within the Village to be, in his or its 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, he or it 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 Sections 11.014 and 11.015 of this code and Section 66.0413, Wis. Stats.
(1) 
Raze permit required. All persons who demolish or cause to be demolished any structure or part of a structure within the Village of Belleville shall apply for and obtain a demolition permit from the Building Inspector prior to undertaking any steps to demolish the structure.
(2) 
Application.
(a) 
An application for a permit to demolish all or part of a building shall include the following information:
1. 
The name and address of the owner of the building on the date of application and, if different, on the date of demolition.
2. 
The name, address and telephone number of the contractor(s) performing the demolition work.
3. 
The date upon which demolition is to commence.
4. 
The date by which demolition shall be complete.
5. 
A list of all hazardous waste and hazardous and toxic substances (as defined by standards promulgated by the Department of Natural Resources as amended from time to time) contained in the building, a statement as to whether the building contains asbestos as defined by Section 254.11(1), Wis. Stats., and a detailed description of the method to be used in removing, transporting and disposing of any hazardous waste, hazardous and toxic substances, and asbestos;
6. 
A detailed description of how and where the waste materials resulting from the demolition will be transported and disposed of (including the description of the route to be used by trucks in hauling the waste);
7. 
A description of the method of demolition to be used; and
8. 
A description in detail of all methods to be used to prevent water runoff and soil erosion from the site to neighboring properties and to prevent releasing unreasonable amounts of dust from the site.
(b) 
Along with the application for a permit for demolition, the applicant shall present a release from all utilities serving the property stating that their respective service connections and appurtenant equipment, such as meters and regulators, have been removed or sealed and plugged in a safe manner.
(3) 
Demolition.
(a) 
The demolition shall be conducted in a manner that is safe and that does not adversely affect the environment.
(b) 
A refuse collection dumpster shall be used at the demolition site.
(4) 
Site clearing, grading and reclamation.
(a) 
The site of any demolition shall be properly cleared of debris, rubbish and pavement and shall be properly graded and leveled to conform to the adjoining grade of the neighboring property, and when so graded and leveled the site shall be seeded, sodded, or treated in some other manner acceptable to the Building Inspector to prevent blowing dust, dirt, or sand. Excavations remaining after demolition shall be filled, graded and leveled off not later than thirty (30) consecutive days after demolition is completed.
(b) 
Excavations from demolished buildings or structures shall not be filled with any materials subject to deterioration. The Building Inspector, upon notification by the permit holder, the owner or his or her agent, in writing and upon forms provided by the Building Inspector for that purpose, shall within seventy-two (72) hours inspect each excavation, or part thereof, before filling any excavation.
(c) 
It shall be unlawful to fill any such excavation without inspection and approval of the Building Inspector. Voids in filled excavations shall not be permitted. In the event of the unavailability of the Building Inspector to conduct an inspection within the seventy-two (72) hours after written notice, the permit holder, owner or his or her agent may retain the services of a certified, qualified municipal inspection service to obtain an opinion that approves filling of the excavation. Said opinion shall be deemed a sufficient approval by the Village, provided that a written copy of the opinion is delivered to the Clerk at least forty-eight (48) hours before filling of the excavation commences.
(5) 
Removal and disposal. Removal, transportation and disposal of all hazardous waste, hazardous and toxic substances, and asbestos shall be conducted in compliance with all applicable state, federal and local statutes, ordinances and regulations. The permit holder shall give the Building Inspector seventy-two (72) hours' written notice prior to any removal, transportation or disposal of hazardous waste, hazardous and toxic substances and asbestos.
(6) 
Permit fees. Application for a demolition permit shall be accompanied by a permit fee as prescribed in the Village Fee Schedule.
The purpose of the inspections under this chapter is to improve the quality of housing in the Village of Belleville. The inspections and the reports and findings issued after the inspections are not intended as, nor are they to be construed as, a guarantee. 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."
(1) 
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 purpose 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.
(2) 
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 purpose 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.
(3) 
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, or dry well or shall discharge onto the ground surface in such other manner as will not constitute a nuisance as defined herein.
(4) 
Stormwater. All roof drains, surface drains, drains from any mechanical device, gutters, pipes, conduits or any other objects or things used for the purpose of collecting, conducting, transporting, diverting, draining or discharging stormwaters shall be discharged either to 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.
(5) 
Storm sewer lateral. Where municipal storm sewers are provided and it is deemed necessary by the property owner and/or the Village to discharge clear waters from a parcel of land, a storm sewer lateral shall be installed and connected to the storm sewer main at the expense of the owner.
(6) 
Conducting tests. If the Building Inspector or his or her 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 or she 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.
(1) 
Required fees. The fees for all building, electrical, plumbing and HVAC permits shall be as established in the Village's Fee Schedule, as adopted by the Village Board. If work commences prior to obtaining a building permit, double fees will be charged.
(2) 
Payment of water shutoff valve deposit fee. It shall be unlawful for any person constructing a new dwelling or commercial and industrial building upon any premises within the Village to damage the Water Utility shutoff valve situated upon such premises. The height of the water shutoff valve following completion of construction and landscaping shall be at grade level. At the time of application for a building permit for construction of a new dwelling or commercial and industrial building, the applicant shall pay the fee as prescribed in the Village Fee Schedule as the deposit to insure that the Water Utility shutoff valve on the premises shall not be damaged during the course of construction and that the valve is at grade level following completion of construction and landscaping. At the time of final inspection of construction by the Building Inspector and following completion of landscaping, the Director of Public Works shall determine whether the Water Utility shutoff valve has been damaged during construction and whether the valve is at grade level. If no damage has occurred and the valve is at grade level, the Director of Public Works shall certify to the Village Finance Director/Treasurer and the amount held on deposit shall be returned to the applicant. If the Director of Public Works determines that the Water Utility shutoff valve has been damaged during construction, the Director of Public Works shall certify to the Village Finance Director/Treasurer and the fee held as a deposit shall be forfeited by the applicant to the Village. Nothing herein shall preclude the Village from exercising any remedies available by law to compensate the Village for any loss suffered due to the damage to any Water Utility shutoff valve.
(3) 
No permit issuance until payment. No building or other permit shall be issued until all fees and assessments relating to the property and imposed by the Village or owed to the Village have been paid.
(1) 
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 Section 1.08 of this Code. 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 an injunctional order at the suit of the owner or owners of any real estate within the jurisdiction of this chapter.
(2) 
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 thirty (30) days after written notification unless an extension of time is granted pursuant to Section SPS 320.21, Wis. Adm. Code.
(a) 
If, after written notification, the violation is not corrected within thirty (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.
(b) 
Each day each violation continues after the thirty (30)-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.
(c) 
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, or after the expiration of a permit where no extension is sought, double fees shall be charged.
(3) 
Any person feeling aggrieved by an order, or a determination of the Building Inspector may appeal from such order or determination to the Zoning Board of Appeals. Those procedures customarily used to effectuate an appeal to the Zoning Board of Appeals shall apply.
(4) 
Except as may otherwise be provided by statute or ordinance, no officer, agent or employee of the Village of Belleville charged with the enforcement of this chapter shall render himself or herself 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 or 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 or her duties under this chapter shall be defended by the legal representative of the Village until final determination of the proceedings therein.