These regulations are adopted under the authority
granted by §§ 101.65 and 101.12, Wis. Stats.
The purpose of this article is to promote the
general health, safety and welfare.
[Amended 2-2-2009 by Ord. No. 2009-001]
A. The fees for permits required under this chapter shall be as established under §
1-19 of this Code.
B. In addition to the fees under Subsection
A, applicants for any permit under this section may be required to submit a deposit of up to $1,000 to cover the cost of extraordinary inspections or to cover repairs to public facilities, including, but not limited to, roads, sidewalks and curbs.
(1) An extraordinary inspection is any additional inspection
required beyond expected, routine code inspections which occur as
a result of any violation of any rule or regulation under this chapter,
premises not being ready for scheduled inspection or inability of
the inspector to access areas scheduled for inspection.
(2) For each extraordinary inspection required, $250 shall
be withdrawn from the deposit. Upon withdrawal, written notice of
withdrawal shall be sent to the applicant explaining the date and
reason for withdrawal.
(3) Deductions for damages to public facilities shall
be made in an amount equal to the actual cost of repair.
(4) Upon issuance of an occupancy permit or final satisfactory
inspection, whichever constitutes the final action of the Building
Inspector with regard to the permitted project, the balance of the
deposit shall be returned to the applicant.
C. Should the amount collectable under this section exceed
the amount of the deposit, the Town may assess such costs against
the property as a special charge pursuant to § 66.0627,
Wis. Stats. Before any such charge is placed on the tax roll, notice
shall be sent to the permit applicant and the property owner, if different
from the applicant, indicating the amount of additional charges and
giving 30 days to pay such charges. Special charges shall not be paid
in installments.
[Amended 2-2-2009 by Ord. No. 2009-002]
A. Purpose. The purpose of this section is to specify
procedures used by the Building Inspector when issuing stop-work orders
or stop-use orders as part of the Building Inspector's responsibility
to protect public safety and health and the waters of the state.
B. Scope. This section specifies the reasons and the
procedures for issuing a stop-work order or stop-use order and the
procedures for a review and appeal of the order.
C. Stop-work and stop-use procedures.
(1) Reasons for issuance. To further the Town's interest
in the protection of public safety and health, the Building Inspector
may, without advance written notice, issue an order to immediately
cease any construction, installation, operation or activity or the
use of a building, building component, structure or mechanical device
for any of the following reasons:
(a)
There is reasonable cause to believe that the
construction, installation, activity, existing condition or method
of operation creates an imminent danger to public safety or health
as a result of a violation of an ordinance, statute or administrative
rule administered by the Building Inspector.
(b)
There is reasonable cause to believe that the
construction, installation, activity, existing condition or method
of operation constitutes a violation of an ordinance, statute or administrative
rule administered by the Building Inspector and continuation of work
creates the substantial likelihood that the improper construction,
installation, activity, existing condition or method of operation
will be concealed or rendered more difficult to correct.
(c)
The activity is being performed or conducted
by an individual who does not hold the appropriate license, certification
or registration as required by ordinance, statute or administrative
rule administered by the Building Inspector.
(d)
The construction, installation, activity or
operation has not been approved or been issued the appropriate permit
as required by ordinance, statute or administrative rule administered
by the Building Inspector.
(2) Issuance of order.
(a)
A stop-work order or stop-use order shall be
in writing and shall include at least all of the following:
[1]
Citation of each ordinance, statute or administrative rule involved and a description of the ordinance's, statute's or administrative rule's relationship to the reasons for issuance under Subsection
C(1) above.
[2]
Identifying the application and the extent of
the order describing the object, component or activity covered by
the order.
(b)
A stop-work order or stop-use order shall include
instructions for appealing the order.
(c)
A stop-work order or stop-use order shall remain in effect until the conditions of the order are fulfilled or the order is rescinded or overturned under either Subsection
C(3) or
(4).
(d)
The Building Inspector may post a sign or notice to the public regarding the issuance of a stop-work order or stop-use order. The sign or notice shall be posted in a conspicuous location and shall remain where posted until the conditions of the order are fulfilled, or the order is rescinded or overturned under Subsection
C(3) or
(4).
(e)
Relating to the construction of a building, a stop-work order or stop-use order may not extend to other activities or portions of a building, structure, building component or mechanical device that is not reasonably associated with the reason for issuance under Subsection
C(1).
(3) Review of order.
(a)
The recipient of a stop-work order or stop-use
order or any person adversely affected by a stop-work order or stop-use
order may, within 48 hours of receipt of such order, file a request
for review of the order with the Building Inspector.
(b)
The request for review shall be in writing,
filed with the Building Inspector, and shall describe why the order
should not have been issued or should be rescinded.
(c)
The Building Inspector shall review the request
for review and provide a response within 72 hours of receiving the
request unless further inspection is required which cannot be accomplished
within 72 hours. In any event, the request for review shall be acted
upon as soon as practicable and without unnecessary delay. This subsection
is directed to the Building Inspector, and failure to provide a response
shall not operate to invalidate the order or create any other right
or remedy.
(d)
This section shall not be interpreted to preclude
attempts to resolve any issues in any other manner.
(4) Appeal of order.
(a)
The recipient of a stop-work order or stop-use
order or any person who is adversely affected by a stop-work order
or stop-use order may request a review of the order by the Town Board.
(b)
A request for a review of a stop-work order
or stop-use order by the Town Board shall be in writing, filed with
the Town Clerk, and shall include a statement of the specific reasons
why the person believes that the issuance of the order is incorrect
or inappropriate.
(c)
The request for a review of a stop-work order
or stop-use order shall be denied if the request for review is received
more than 15 days after the date of the order.
(5) Hearing by Town Board.
(a)
Upon the filing of a request for review, a hearing
shall be held at the next following regular Town Board meeting, provided
that the request is filed no less than five days prior to such scheduled
meeting. A special meeting may be called in the Town Board's discretion.
(b)
The Town Board may consider any testimony or
documentary evidence it deems relevant to the issues raised by the
request for review.
(c)
The Town Board shall make its decision based
upon evidence entered into the record at the hearing.
D. Enforcement. Any violation of a stop-work order or stop-use order issued pursuant to this section shall be a violation of this section punishable by a forfeiture under §
1-16B and
C of this Code of Ordinances. Nothing in this section shall be construed as a limitation on the Town's ability to pursue any other legal or equitable remedy authorized by law.
The property owner(s) and/or duly appointed
agent(s) representing said owner(s) for any property upon which a
new residential dwelling or nonresidential building is to be constructed
shall provide temporary on-site septic, i.e., portable toilet, and
solid waste containers, e.g., dumpster, for the temporary storage
of waste during and subsequent removal after building construction
has been completed. Said containers shall be installed prior to commencement
of construction, maintained in working condition and capacity throughout
the duration of all construction activities, and be removed from the
property not later than 10 days after the date the Building Inspector
has completed final inspection and/or occupancy has been permitted.
[Added 1-21-2003 by Ord. No. 2003-02; amended 1-18-2005 by Ord. No. 2005-003; 5-2-2003 by Amendment No. 001]
A. Placement of the building permit that has been issued
by the Building Inspector or authorized agent of the Town of Ledgeview
will be properly displayed when the foundation has been completed.
The proper location for the building permit will be on the side of
the property that is opposite of the driveway. The building permit
will be visible in said spot throughout the duration of the project
and until an occupancy permit has been issued.
B. A red tag will be issued if work has/is commencing
without the building permit being properly displayed.
[Added 1-21-2003 by Ord. No. 2003-03]
A. No work shall be done on any part of a building or
structure beyond the point indicated in each successive inspection
without first obtaining approval of the Building Inspector. Upon notification
by the permit holder or agent of the completion of each of the respective
steps in construction, the Building Inspector or authorized agent
shall make successive inspections and shall either approve that portion
of the construction as completed or notify the permit holder or an
agent wherein the same fails to comply with the law.
B. The Building Inspector shall keep a record of such
inspections and include them on a sign-off sheet that will remain
properly located on the job site on the doorframe of the first floor
bathroom. No work shall commence on any portion of the building or
structure without signature by the Building Inspector on the proper
line item on the sign-off sheet. The sign-off sheet will remain on
the job site until the occupancy permit is issued. If removed by anyone
other than the Building Inspector at such time, the permit holder
or agent will be issued a red tag.
[Adopted 10-6-2003 by Ord. No. 2003-07]
The Wisconsin Administrative Code Chapters Comm
20 to 25 and all subsequent amendments, additions and recodifications
thereto are hereby adopted and shall apply to new one- and two-family
residential buildings and structures, as well as additions or alterations
to all existing one- and two-family residential buildings and structures.
The Wisconsin Administrative Code Chapters Comm
61 to 65 and all subsequent amendments, additions and recodifications
thereto arc hereby adopted and shall apply to the design, construction,
maintenance and inspection of public buildings, including multifamily
dwellings, and places of employment, as well as additions or alterations
to all existing public buildings, including multifamily dwellings,
and places of employment.