Village of Johnson Creek, WI
Jefferson County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Johnson Creek as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 134.
Mobile homes — See Ch. 166.
Water and sewers — See Ch. 228.
Floodplain zoning — See Ch. 240.
Subdivision of land — See Ch. 245.
Zoning — See Ch. 250.
[Adopted 12-1-1994 by Ord. No. 12-94 as Ch. 30 of the 1994 Code]
A. 
Building Inspector. The Building Inspector and his duly appointed deputies shall enforce the provisions of this article and all orders of the State of Wisconsin relating to building construction, electrical wiring, heating, ventilating, air-conditioning, energy conservation, and plumbing installations in the Village. The Building Inspector shall be certified by the State of Wisconsin as provided in the Wisconsin Department of Commerce Administrative Code.
B. 
Deputy Building Inspectors. The Building Inspector, if he requires the assistance of an expert, may appoint, subject to the approval of the Village Board, one or more persons as Deputy Building Inspectors and may delegate to them the powers and duties of his office. The Village Board may provide reasonable compensation for such Deputy Building Inspectors.
C. 
Access to premises. The Building Inspector and his deputies may, at all reasonable times and for any proper purpose, enter upon any public or private premises and make inspection thereof and require the production of the permit for any building construction, electrical wiring, heating, ventilation, air-conditioning, energy conservation, and plumbing work or installation or the required license therefor. In the event any person having possession or ownership of premises which is the subject of inspection or investigation refuses to consent to entry for the purpose of inspection, the Building Inspector may apply for a special inspection warrant in accordance with the provisions of § 66.0119, Wis. Stats.
D. 
Interference with inspector. No person shall interfere with the Building Inspector or his representatives in the performance of their duties.
E. 
Records. The Building Inspector shall keep a record of all applications for building, electrical, heating, ventilating, air-conditioning and plumbing permits in a book for such purpose and regularly number each permit in the order of its issue. He shall keep a record showing the number, description and size of all buildings erected during his term of office, indicating the kind of materials used and the cost of each building. He shall keep a record of all inspections made and of all removals and condemnations of buildings. The Building Inspector shall make a monthly report to the Village Board on these matters.
A. 
State Code adopted. The most current and any subsequent editions of the Wisconsin Department of Commerce Administrative Code are adopted by reference and made a part hereof, as if fully set forth herein.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Permit required. No building or structure or any part thereof shall be built, enlarged, improved, altered, moved or demolished within the Village, except as provided in this article, unless a permit shall first be obtained by the owner or his agent from the Building Inspector as provided in § 112-5 of this article. Permit fees shall be as provided in Chapter 33, Fees.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Submission of plans; lot survey.
(1) 
Each applicant for a building permit shall submit to the Building Inspector plans and specifications furnished by the owner, including a site plan showing the necessary details of the proposed construction. Plans which fail to include details necessary to enable the Building Inspector to make a complete review shall be rejected. Plans for all new buildings, structures and additions to existing buildings not exempt pursuant to the most current and any subsequent editions of the Wisconsin Department of Commerce Administrative Code shall bear the approval of the Wisconsin Department of Commerce.
(2) 
Each applicant for a building permit for new buildings or structures shall submit plans and specifications. The plans shall contain a grading plan showing finished yard grade elevations that meet the standards of the Village's approved grading for the site or, if not practical, the grading plan must demonstrate an alteration to the approved plan that is acceptable to the Building Inspector. In the event an approved grading plan is not available for the site, because it is not incorporated within an overlying development or subdivision, the plan shall contain a proposed finished yard grade a certain distance above the center line of the adjoining existing street which shall provide, at minimum, that the final finished grade shall be eight inches below the top of the foundation wall and the garage elevation shall be four inches down from the top of the foundation wall.
[Amended 9-4-2003 by Ord. No. 28-03]
(3) 
The Building Inspector shall review all building permit applications for new construction or substantial improvements to determine whether proposed building sites shall be reasonably safe from flooding. If a proposed building site is in a location subject to flood hazard as shown on the map titled "Flood Hazard Boundary Map, Village of Johnson Creek, Jefferson County, Wisconsin," dated September 30, 1982, the proposed new construction or substantial improvement shall be designed (or modified) and anchored to resist flotation, collapse or lateral movement of the structure, shall use construction materials and utility equipment that are resistant to flood damage, and shall use construction methods and practices that will minimize flood damage.[3]
[3]
Editor's Note: See Ch. 240, Floodplain Zoning.
(4) 
All plans and specifications shall be submitted in duplicate. One set shall be returned to the owner after approval as provided in this article. The other set shall remain on file in the office of the Building Inspector.
D. 
Waiver of plans. If in the opinion of the Building Inspector the character of the work is sufficiently described in the application, he may waive the filing of plans, provided the cost of such work does not exceed $2,000.
E. 
Approval of plans. If the Building Inspector finds that the proposed building will comply in every respect with all ordinances of the Village and all laws and lawful orders of the state, he shall stamp both sets "conditionally approved" and return one set to the owner and shall issue a building permit, which permit shall be kept at the site of the proposed building. After being approved, the plans and specifications shall not be altered in any respect which involves the safety of the building, except with the written consent of the Building Inspector. In case inadequate plans are presented, the Building Inspector may, at his discretion, issue a permit for a part of the building before receiving the plans and specifications for the entire building. It shall be unlawful to commence work on any building or alteration before the building permit has been issued.
F. 
Minor repairs. No building permit shall be required for any minor repairs or alterations which do not change the occupancy, area, structural strength, fire protection, exits, lights or ventilation of the building and which increase the fair market value less than $500.
G. 
Inspection of work.
(1) 
All new construction and/or existing buildings shall be subject to a building and fire inspection. All existing buildings undergoing a change of occupancy shall also be subject to a building and fire inspection before being granted an occupancy permit.
[Added 7-8-2003 by Ord. No. 20-03]
(2) 
The builder shall notify the Building Inspector on the same day he excavates or creates any open ditch or hole and the Building Inspector shall inspect such excavation within 48 hours. Upon completion of the foundation forms and again when ready for lath and plaster, or before paneling is applied, the builder shall notify the Building Inspector and he shall make a final inspection of all new buildings and alterations within 48 hours. Upon approval of the final work, the Building Inspector shall issue an occupancy permit which shall be filed in his office. Inspection by the Building Inspector can be waived if a Federal Housing Administration (FHA) or other qualified government inspector has inspected and the owner submits certification of such inspection.
H. 
Unsafe buildings.
(1) 
Whenever the Building Inspector finds any building or any part of a building within the Village to be in his judgment so old, dilapidated or out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation, occupancy or use, and so that it would be unreasonable to repair the same, he shall order the owner to raze or 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 expense. Such order and proceedings shall be as provided in § 66.0413, Wis. Stats.
[Amended 7-8-2003 by Ord. No. 20-03]
(2) 
Cessation of construction. Where there has been a cessation of normal construction of any building or structure for a period of more than two years, the Building Inspector shall order the owner to complete the construction or raze it, at the owner's option.
(3) 
Cost of repairs exceed 50% of assessed value. Whenever the Village Board determines that the cost of repairs of a building would exceed 50% of the assessed value of such building divided by the ratio of the assessed value to the recommended value as last published by the State Supervisor of Assessments for Johnson Creek, such repairs shall be presumed unreasonable and it shall be presumed that such building is a public nuisance and must be razed.
(4) 
Buildings which offend aesthetic character of neighborhood or produce blight. Whenever any building deteriorates, for any reason, to the extent where windows, doors, or other openings or plumbing or heating fixtures or facilities or appurtenances offend the aesthetic character of the immediate neighborhood or produce blight or deterioration, the Village Board shall order the owner to remedy the defects or raze the building, at his option. Such buildings are public nuisances.
(5) 
Notices; time limits. All orders issued under this section shall be served on the owner or his agent and upon the holder of record of any encumbrance on the building in the manner provided for service of a summons in Circuit Court. Such notice shall give the owner or agent a reasonable period of time to comply, not less than 30 days from the service of such notice, unless the problem causes a dangerous condition.
(6) 
Village can act. If the owner or agent fails to comply within the time prescribed, the Village Board shall cause such building to be razed and removed or closed if unfit for human occupancy. The cost of such razing and removal shall be charged against the real estate upon which the building is located, shall be a lien against the real estate, and shall be assessed and collected as a special tax. The provisions of § 66.0413(1), Wis. Stats., specifying the procedure, including the right to prosecute in Circuit Court for an order of such Court, and § 66.0413(1), Wis. Stats., relating to the disposition of personal property in such buildings, are incorporated by reference and made a part of this article.
I. 
Regulation and permit for razing buildings.
[Added 7-8-2003 by Ord. No. 20-03]
(1) 
No building within the Village of Johnson Creek shall be razed without a permit from the Building Inspector. A snow fence or other approved barricade shall be provided as soon as any portion of the building is removed and shall remain during razing operations. After all razing operations have been completed, the foundation shall be filled at least one foot above the adjacent grade, the property raked clean, and all debris hauled away. Razing permits shall lapse and be void unless the work authorized thereby is commenced within six months from the date thereof or completed within 30 days from the date of commencement of said work. Any unfinished portion of work remaining beyond the required 30 days must have special approval from the Building Inspector.
(2) 
All debris must be hauled away at the end of each day for the work that was done on that day. Combustible material shall not be used for backfill but shall be hauled away. There shall not be any burning of materials on the site of the razed building. If any razing or removal operation under this section results in, or would likely result in, an excessive amount of dust particles in the air creating a nuisance in the vicinity thereof, the permittee shall take all necessary steps, by use of water spraying or other appropriate means, to eliminate such nuisance. The permittee shall take all necessary steps, prior to the razing of a building, through the employment of a qualified person in the field of pest control or by other appropriate means, to treat the building so as to prevent the spread and migration of rodents and insects therefrom during and after the razing operations.
(3) 
The permit fee shall be as provided in Chapter 33, Fees. The Village Board may also require daily inspections of the razing operations.
J. 
Public improvements deposit.
[Added 4-12-2004 by Ord. No. 07-04; amended 1-4-2006 by Ord. No. 23-05; 1-22-2007 by Ord. No. 34-06]
(1) 
Any applicant and/or property owner who applies for and receives a building permit shall, if required by the Building Inspector, deposit with the Village Clerk/Treasurer a cash deposit as provided in Chapter 33, Fees. Of such non-interest-earning deposit, 95% shall be held until all driveways, driveway approaches, sidewalks and required landscaping have been constructed according to Village standards and/or until any damage to Village curbs, sidewalks, driveway approaches, culverts, ditches, drainage rights-of-way, curb stops or public streets have been repaired to the satisfaction of the Building Inspector and/or Public Works Department. The remaining 5% of such deposit shall be kept by the Village to cover administrative and inspection costs relative to the above-listed improvements.
(2) 
In the event the applicant and/or property owner fails to comply with written directives from the Building Inspector and/or Public Works Department requiring construction of any required driveway, driveway approach, sidewalk or landscaping requirements, and/or repair required as a result of construction damage to any curb, sidewalk, driveway approach, culvert, ditch, drainage right-of-way, curb stop or public street, the Village may construct or repair the required public or private improvement, as necessary, and deduct the cost incurred as a result of those activities from the refundable portion of the cash deposit.
(3) 
Notwithstanding forfeiture of the refundable portion of the public improvements deposit, the applicant and/or property owner shall remain responsible for reimbursing the Village for all actual costs and expenses incurred to insure compliance with the requirements of this subsection.
(4) 
In the event an occupancy permit is not issued and/or an extension is not applied for within six months after the expiration date of the building permit, the entire deposit is forfeited. Forfeiture of the public improvements deposit is not a license to occupy the premises contrary to the Building Code.
[Amended 7-8-2003 by Ord. No. 20-03; 4-27-2020 by Ord. No. 04-20]
A. 
Adoption of Wisconsin Administrative Code. Wisconsin Administrative Code Chapter SPS 316, as the same currently exists or as the same may be amended, from time to time, is hereby adopted in its entirety.
B. 
Permits. Except for electrical wiring projects described in § 101.875(2), Wis. Stats., and as provided in SPS 316.012(1)(a), no electrical wiring project may commence unless the owner of the premises where the installation is to occur or their agents hold a permit from the designated inspection agency if the project involves the installation of new or any addition to any electrical service, feeder, or branch circuit of any of the following:
(1) 
A farm.
(2) 
A public building, structure, or premises.
(3) 
A place of employment.
(4) 
A campground.
(5) 
A manufactured home community.
(6) 
A public marina, pier, dock or wharf.
(7) 
A recreational vehicle park.
C. 
Minor repairs. No permit shall be required for minor repair work, such as repairing flush and snap switches, replacing fuses, changing lamp sockets and receptacles, taping bare joints and repairing drop cords, nor shall a permit be required by power users who employ their own licensed plant electricians.
D. 
Construction requirements.
(1) 
Installations. All electrical wiring and equipment for the production, modification, regulation, control, distribution, utilization or safeguarding of electrical energy for mechanical, chemical, heating, lighting or similar purposes shall be so installed and maintained as to be safe to life and property.
(2) 
Approved materials. No electrical materials, devices or appliances shall be used or installed in the Village unless they are in conformity with the provisions of this Code, the Wisconsin Statutes and the rules and regulations issued by the Public Service Commission.
E. 
Inspection of work.
(1) 
Inspections required. Except as provided under § 101.875(2), Wis. Stats., electrical wiring installations shall be subject to inspection. Inspections of electrical wiring installations described under SPS 316.012(1)(a) shall be conducted by a certified commercial electrical inspector.
(2) 
Request for inspection.
(a) 
The building owner or their agent shall notify the inspection agency designated by the development to provide electrical inspections when the electrical wiring installation is ready for inspection.
(b) 
Except as provided in Subsection E(2)(c), to facilitate inspection all of the following shall apply:
[1] 
Electrical wiring shall remain accessible and exposed for inspection purposes.
[2] 
Electrical wiring may not be energized.
(c) 
Concealment and energizing of electrical wiring.
[1] 
The concealment or energizing of electrical wiring, other than an electrical service, may proceed if inspection has not been completed within two business days after notification is received or as otherwise agreed between the wiring installer and the designated inspection agency providing the inspection.
[2] 
The notification that an electrical wiring installation is ready for final inspection shall be made to indicate when all electrical fixtures, outlets and face plates are in place and the installation or that portion of the installation is energized.
(d) 
Approval; order to correct.
[1] 
If, upon inspection, it is found that the installation is in compliance with this chapter, the certified inspector shall approve the installation prior to concealment or energizing of the electrical wiring.
[2] 
If, upon inspection, it is found that the installation is incomplete or not in compliance with this chapter, orders to correct shall be issued. An order may include the condition that the electrical wiring is to remain unconcealed and nonenergized until reinspected.
F. 
Certificate of inspection.
(1) 
When final inspection has been made, and provided the electrical wiring and equipment have been found to be fully in compliance with the requirements of this section, the Building Inspector shall issue a certificate of inspection, authorizing the connection to the electric service and turning on of the current. The final inspection shall be made within 48 hours of notification to the Building Inspector. Failure to request a final inspection within 10 days of completion of electrical work constitutes a violation of this section.
(2) 
It shall be unlawful to use any such wiring and equipment until a certificate of inspection has been issued.
G. 
Wiring interfering with firefighting.
(1) 
Whenever the Building Inspector shall find electrical wires or equipment in a dangerous condition or so placed so as to constitute an interference for the Fire Department or Company in the performance of its duties, the Building Inspector shall give a ten-day notice to the owner or occupant of the premises on which such wiring or equipment is located to place the same in a safe and noninterfering condition. Failure to comply with such notice shall constitute a violation of this subsection.
(2) 
The Building Inspector may cause the removal of all electrical wiring and discontinuance of electric current where the same may interfere with the work of the Fire Department or Company during the progress of a fire.
A. 
Adoption of State Plumbing Code. The current and any subsequent editions of the Wisconsin Department of Commerce Administrative Code are hereby adopted by reference and made a part hereof and shall be complied with by all persons, firms or corporations performing work which falls under this section.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
(1) 
All piping, fixtures, appliances and appurtenances in connection with the water supply and drainage systems within a building and to a point from three to five feet outside the building.
(2) 
The construction, connection to or alteration of any drain, soil or waste pipe to carry domestic sewage, stormwater or industrial waste from a point three feet outside of foundation walls of any building to the sewer lateral at the curb or other disposal terminal.
(3) 
The water service piping from a point within three to five feet outside of the foundation walls of any building to the mains in the street, alley or other terminal and the connecting of domestic hot water storage tanks, water softeners, and water heaters with the water supply system.
(4) 
The water pressure systems other than municipal systems as provided in Ch. 281, Wis. Stats.
C. 
Permit required.
(1) 
No plumbing, drainage or drain laying of any kind shall be done in the Village without a permit being first issued by the Building Inspector as provided in § 112-5 of this article. Permit fees shall be as provided in Chapter 33, Fees.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
Such permits may be issued only to persons duly licensed as master plumbers under the laws of Wisconsin.
(3) 
The Building Inspector shall require new or replacement water supply systems and/or sanitary sewage systems to be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters and require waste disposal systems to be located so as to avoid impairment of them or contamination from them during flooding.
D. 
Indemnity bond. Before a permit may be issued for plumbing in any public street, way, alley or building, the applicant for such permit shall execute to the Village and deposit with the Village Clerk-Treasurer a corporate surety bond to be approved by the Village in the sum of $100,000, conditioned that he will perform faithfully all work with due care and skill, in accordance with the laws, rules and regulations relating to plumbing. The bond shall state that the person will indemnify and save harmless the Village of Johnson Creek and the owner of the premises against all damages, costs, expenses, outlays and claims of every nature and kind arising out of unskillfulness or negligence on his part in connection with the plumbing or excavating for plumbing. No excavation in any street, alley or other public way to repair, alter, or install plumbing shall be commenced prior to issuance of a permit pursuant to this section and also § 210-4 of this Code.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
E. 
Minor repairs. No permit shall be required for minor repairs to faucets, valves, pipes and appliances and removing of stoppages.
F. 
Inspection of work. It shall be the duty of the plumber in charge to notify the Building Inspector whenever any work is completed or ready for inspection. All plumbing work shall be left exposed until such time as the Building Inspector has completed his examination and inspection. When in the opinion of the Building Inspector a test is necessary, he may require a water or air test on the entire installation or any part thereof. Upon approval of such work, the Building Inspector shall issue a certificate of inspection, a duplicate of which shall be filed in his office. The Building Inspector shall make his inspection within 48 hours of being notified. No person shall use or permit to be used any plumbing or drainage until it has been inspected and approved by the Building Inspector.
G. 
Record of drain junctions. The Building Inspector shall keep a record of all sewer connections and make maps showing the location of the same and position of all house drains, connections, junctions and other data necessary for the efficient services of the Sewer Utility.
[Amended 7-8-2003 by Ord. No. 20-03]
H. 
Location of junctions. No persons except licensed plumbers shall tap or make connections with the general sewage system or any part thereof. Such information as the Building Inspector may have in regard to the location of sewer junctions or slants shall be furnished to drain layers and plumbers, the Village of Johnson Creek assuming no risk as to the accuracy of the same. When in accordance with the measurements furnished by the Building Inspector the junction is not found, a slant connection and one-eighth bend shall be used and such connection shall be made under the directions of the Building Inspector.
I. 
Sump, pump and rigid pipe method of installation.
[Added 12-28-2017 by Ord. No. 12-17]
(1) 
All newly constructed buildings shall have a drain tile placed around the inside or outside perimeter of the foundation connected to a sump pit. All baseboard seepage collection systems shall be discharged to the sump pit. The sump pit shall be located at least 10 feet away from the inside sanitary floor drain.
(2) 
A discharge pipe shall be installed to the outside wall of the building with rigid pipe (plastic, copper, galvanized or black pipe) one-inch inside diameter minimum. The discharge pipe must have a check valve within one foot of the floor grade and a union or other approved coupling for easy disconnection for repair or replacement. The discharge shall extend at least three feet outside of the foundation wall.
(3) 
Alternate methods of installation. Subject to submittal of a plan which shall be reviewed and approved by the Village Engineer, the following alternate methods of installation shall be permitted:
(a) 
The discharge pipe may be connected directly to the municipal underground storm sewer system, provided the discharge is at a higher elevation than the normal flow level and that an approved backflow prevention device is installed.
(b) 
The discharge may be connected directly to the municipal curb and gutter system, provided the pipe is placed under the sidewalk or boulevard and through the driveway apron and that an approved backflow prevention device is installed. In the event the Village Engineer concludes that there is no other reasonable or functional way to drain the sump pump anywhere on the property, or by accessing the municipal curb and gutter through the driveway apron, then, in that event, the Village Board may approve placement of the pipe through the back of the curb. Such discharge shall be permitted only during the months of April through October.
A. 
Applications for permits. All applications for building, electrical and plumbing permits shall be in writing and filed with the Building inspector on forms furnished by him. Each application shall contain the following information as well as such other information as may be required by the Building Inspector:
(1) 
Building permit applications. Each application for a building permit shall state the name and address of the applicant, the name and address of the owner of the land on which the building is situated that is to be constructed, the name and address of the owner of the building, if different from that of the landowner, the legal description of the land and the name and address of the designer. Plans required under § 112-2 shall be submitted with each application.
(2) 
Electrical and plumbing permit application. Each application for an electrical or plumbing permit shall state clearly the name and address of the applicant, the address of the premises, the nature of the work planned, the alterations to be made thereon and the materials and equipment to be used. When requested by the Building Inspector, the application shall be accompanied by a plan or sketch showing in detail the work to be done.
B. 
Permit fees. Permit fees shall be as provided in Chapter 33, Fees.
[Amended 7-8-2003 by Ord. No. 20-03]
C. 
Inspections required. It shall be the duty of the Building Inspector to determine the number and type of inspections necessary for complete inspection of the work and issuance of an occupancy permit.
D. 
Issuance of permits. Upon approval by the Building Inspector of the application and upon compliance by the applicant with all requirements and payment of the required fee, a permit shall be issued by the Building Inspector to the owner or his agent for the work set forth in the application.
E. 
Lapse of permits. A building, HVAC, electrical or plumbing permit shall have lapsed and be void unless operations under the permit are commenced within six months from the date the permit was issued, unless an extension of time shall be granted by the Building Inspector. For new one- and two-family dwellings the provisions of the Wisconsin Department of Commerce Administrative Code shall prevail.
F. 
Revocation of permits; remedies. If the Building Inspector shall find at any time that the sections of this article or any laws, plans or specifications or any orders of the Building Inspector are not being complied with, he shall revoke the building permit by written notice posted at the site of the work. When any such permit is revoked, it shall be unlawful to do any further work upon such building until the permit is reissued, excepting work as the Building Inspector shall order to be done as a condition precedent to the reissuance of the permit, or as he may require for the preservation of human life and safety. The Village Board shall have the authority to bring action to enjoin such violations or for mandamus, abatement or any other appropriate action to prevent or abate or remove such unlawful action.
G. 
Report of violations. All police officers shall report at once to the Building Inspector any building, electrical or plumbing work being carried on without a permit as required by this article.
[Amended 7-8-2003 by Ord. No. 20-03]
The Building Inspector shall enforce the provisions of the Wisconsin Department of Commerce Administrative Code relating to flammable liquids.
Any person feeling himself aggrieved by an order or ruling of the Building Inspector may file a written appeal from such order or ruling to the Board of Appeals within five days after written notice of such order or ruling shall have been received by him. Such appeal shall set forth the order appealed from and shall be filed with the Village Clerk-Treasurer. The notice of appeal shall state clearly and briefly the grounds of his complaint and be accompanied by originals or copies of all papers and drawings submitted to the Building Inspector as well as all decisions, notices or orders issued by him.[1]
[1]
Editor's Note: Original § 30.008, Solar access permits, which immediately followed this section, was deleted 7-8-2003 by Ord. No. 20-03.
A. 
Nonliability of Village. This article shall not be construed as assuming any liability on the part of the Village for damages to anyone injured or for any property destroyed by any defect in any building or equipment, in any gas appliance or installation, or in any plumbing or electric wiring or equipment or by reason of any inspections made or permits issued.
B. 
Penalty. Except as otherwise provided, any person found in violation of any provision of this article or any order, rule or regulation made hereunder shall be subject to a penalty as provided in § 60-1 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 constitute a defense. In addition, the equitable action set forth in § 212-5F may be initiated and pursued by the Village Board or its designated officials.
[Adopted 12-1-1994 by Ord. No. 12-94 as §§ 24.01, 24.02, 24.03, 24.11 and 24.12 of the 1994 Code]
[Amended 7-8-2003 by Ord. No. 20-03]
The following definitions shall apply in the interpretation and enforcement of this article:
DWELLING
Any building which is wholly or partly used or intended to be used for living or sleeping by human occupants.
DWELLING UNIT
Any room or group of rooms located within a dwelling and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating.
HEALTH OFFICER
Director of the County Health Department.
[Amended 6-12-2006 by Ord. No. 15-06]
OCCUPANT
Any person, over one year of age, living, sleeping, cooking or eating in, or having actual possession of, a dwelling unit or rooming unit.
OPERATOR
Any person who has charge, care or control of a building, or part thereof, in which dwelling units or rooming units are offered for rent.
OWNER
Any person who, alone or jointly or severally with others, shall have:
A. 
Legal title to any dwelling or dwelling unit, without accompanying actual possession thereof;
B. 
A contract right under such terms that the person shall be entitled to a conveyance of title upon payment of a specified sum; or
C. 
Charge, care or control of any dwelling or dwelling unit, as owner or agent of the owner, or as executor, executrix, administrator, administratrix, trustee or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this article and of rules and regulations adopted pursuant thereto, to the same extent as if he were the owner.
PERSON
Any individual, firm, corporation, association or partnership.
A. 
The Building Inspector is hereby authorized and directed to make inspections to determine the condition of dwellings, dwelling units, rooming units and premises located within this Village in order that this officer may perform his duty of safeguarding the health and safety of the occupants of dwellings and of the general public.
[Amended 7-8-2003 by Ord. No. 20-03; 6-12-2006 by Ord. No. 15-06]
B. 
For the purpose of making such inspections the Building Inspector is hereby authorized to enter, examine, and survey at all reasonable times all dwellings, dwelling units, rooming units and premises. The owner or occupant of every dwelling, dwelling unit, and rooming unit, or the person in charge thereof, shall give the Building Inspector free access to such dwelling, dwelling unit or rooming unit and its premises at all reasonable times for the purpose of such inspection, examination and survey.
[Amended 7-8-2003 by Ord. No. 20-03; 6-12-2006 by Ord. No. 15-06]
C. 
Every occupant of a dwelling or dwelling unit shall give the owner thereof or his agent or employee access to any part of such dwelling or dwelling unit, or its premises, at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this article or with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions of this article.
[Amended 7-8-2003 by Ord. No. 20-03]
A. 
Whenever the Building Inspector or Police Chief determines that there are reasonable grounds to believe that there has been a violation of any provision of this article which affects the health of the occupants of any dwelling, dwelling unit or rooming unit or the health of the general public, or affects the safety of any such occupants or the safety of the general public, the Building Inspector or Police Chief shall give notice of such alleged violation to the person or persons responsible therefor and to any known agent of such person as hereinafter provided.
[Amended 6-12-2006 by Ord. No. 15-06]
(1) 
Such notice shall:
(a) 
Be in writing.
(b) 
Include a statement of the reasons why it is being issued.
(c) 
Allow a reasonable time for the performance of any act it requires.
(d) 
Be served upon the owner or his agent or the occupant, as the case may require, provided that such notice shall be deemed to be properly served upon such owner or agent or upon such occupant if a copy thereof is served upon him personally or if a copy thereof is posted in a conspicuous place in or about the dwelling affected by the notice or if he is served with such notice by any other method authorized or required under the laws of this state.
(2) 
Such notice must contain an outline of remedial action which, if taken, will effect compliance with the provisions of this article.
B. 
Any person affected by any such notice issued by the Building Inspector or Police Chief may request and shall be granted a hearing on the matter before the Village Board, provided that such person shall file in the office of the Building Inspector or Police Chief, within 10 days after service of the notice, a written statement of the grounds therefor. Upon receipt of such petition, the Building Inspector or Police Chief respectively shall arrange a time and place for such hearing and shall give the petitioner written notice thereof. Such hearing shall be held as soon as practicable after the receipt of request therefor. At such hearing the petitioner shall be given an opportunity to be heard and to show cause why such notice should not be complied with.
[Amended 6-12-2006 by Ord. No. 15-06]
C. 
After such hearing the Board shall sustain, modify or withdraw the notice, depending upon its findings in regard to compliance with the provisions of this article. If the Board shall sustain or modify such notice it shall be deemed to be an order. Any notice served pursuant to Subsection A shall automatically become an order if a written petition for a hearing is not filed in the office of the Building Inspector or Police Chief within 10 days after such notice is served. Any permit which has been suspended by a notice shall be deemed to be automatically revoked if a petition for hearing is not filed in the office of the Building Inspector or Police Chief within 10 days after such notice is served. In any case in which a hearing is held and the notice sustained, the permit shall be deemed to have been revoked.
[Amended 6-12-2006 by Ord. No. 15-06]
D. 
The proceedings at such hearing, including the findings and decision of the Board, shall be summarized, reduced to writing and entered as a matter of public record in the offices of the Board. Such record shall also include a copy of every notice or order issued in connection with the matter. Any person aggrieved by the decision of the Board may seek relief therefrom in any court of competent jurisdiction as provided by the laws of this state.
E. 
Whenever the Building Inspector or Police Chief finds that an emergency exists which requires immediate action to protect the public health or safety, he may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency. Notwithstanding the other provisions of this article, such order shall be effective immediately but, upon petition to the Building Inspector or Police Chief, shall be afforded a hearing as soon as possible, in the manner provided in Subsection B. After such hearing, depending upon the findings in regard to compliance with the provisions of this article, the Board shall continue such order in effect or modify it or revoke it.
[Amended 6-12-2006 by Ord. No. 15-06]
[Added 4-5-1999 by Ord. No. 5-99]
A. 
Scope. These standards shall apply to all improved properties, irrespective of whether the property is used for business, residential, or industrial purposes, unless the application of standards is otherwise limited by the terms of this section.
B. 
Minimum standards. No person shall occupy, use, let, or hold out to another for occupancy or use any building, structure, or premises which does not comply with the requirements of this section.
C. 
Foundations, exterior walls and roofs. The foundation shall be substantially watertight, protected against rodents, and kept in good condition and repair. The foundation elements shall adequately support the building at all points. Every exterior wall shall be substantially watertight, weathertight, protected against rodents, kept in good condition and repair, and free of deterioration, holes, breaks, loose or rotting boards or timber, and any other condition which might admit rain or dampness to the interior portions of the walls or exterior spaces of the dwelling. All exterior wood surfaces shall be protected by paint, stain, or other water- and weather-resistant treatment. Every roof shall be watertight, weathertight, kept in good condition and repair, and have no dangerous defects. Roof drainage shall be adequate to prevent rainwater from causing dampness in the walls. All cornices, copings, parapets, moldings, belt courses, lintels, sills, and similar projections shall be kept in good repair, free from cracks or defects which make them hazardous or dangerous.
D. 
Windows, doors and hatchways. Every window shall be fully supplied with transparent or translucent windowpanes, substantially without cracks or holes, substantially tight, and kept in good condition and repair. Windows, other than fixed windows, shall be easily opened and shall be held in position by window hardware. Every exterior door shall fit substantially tight within its frame and be kept in good condition. Window and door frames shall be kept in good condition and shall exclude rain and substantially exclude wind from entering the building or structure. Every basement hatchway shall prevent the entrance of rodents, rain, and surface drainage water into the building or structure.
E. 
Screens. From June 1 to September 15, screens shall be installed on doors or windows when they are required for ventilation. Screening shall be at least a 14 mesh and shall be attached to the frame in a manner which does not leave openings larger than those in the screen itself. Frames shall be in good condition and repair and fit tightly into the window or door frame so as not to allow the passage of insects or rodents. Screens shall be provided with positive attachment devices to ensure that inserts will not fall from, or be dislodged from, the door or window frame. A self-closing device shall be provided for screen doors.
F. 
Stairways and porches. Every exterior stairway and porch, and its supports, shall be kept in good and safe condition and repair, free of deterioration, with every rail and balustrade firmly fastened and maintained.
G. 
Chimneys. Every chimney and chimney flue shall be in good and safe condition and repair.
H. 
Grading and drainage of lots. Every yard, court, driveway, or other portion of the lot shall be graded or drained so as to prevent the accumulation of stagnant water on any such surface. Driveways shall be maintained in good condition and repair.
I. 
Yards. Yards shall be kept substantially clear of debris and be provided with adequate lawn or ground cover of vegetation, hedges, or bushes. All areas not covered by any of the foregoing shall be treated to prevent dust or the blowing or scattering of dust particles into the air. All trees, bushes, or vegetation which overhangs a public entrance shall be properly trimmed to avoid obstruction of the view and movements of vehicles and pedestrians.
J. 
Infestation. Every building, structure, and all exterior appurtenances on the premises shall be adequately protected against rats, mice, termites, and other vermin. Occupants and operators shall be responsible for extermination of rodents and vermin from that part of the premises under their exclusive control, except where more than one unit is infested at the same time. The owner shall also be responsible for extermination of the infestation.
K. 
Exterior appearance. Every building, structure, and all exterior appurtenances on the premises shall be kept neat, free from graffiti, and attractive in appearance. All wooden portions shall be painted, stained, or receive other similar treatment as often as necessary to maintain such appearance. Stone, brick, or other masonry shall be kept adequately painted and maintained.
L. 
Refuse, garbage and rubbish storage requirements. Every building or structure shall have adequate refuse, garbage, or rubbish storage containers. Garbage containers shall be kept in an enclosed area such as a garage or building; however Village-provided garbage containers may be stored outside where they are not visible from the street. No occupant shall accumulate rubbish, boxes, lumber, metal, or other materials which may attract rodents or vermin.
[Amended 6-8-2009 by Ord. No. 07-09]
M. 
Accessory structures. Every accessory structure shall be kept in good condition and repair, not obstruct light and air of doors or windows, not obstruct a safe means of access to any building or structure, not create fire or safety hazard, and not provide rat or vermin harborage. All accessory structures in deteriorated condition and not repairable shall be removed.
N. 
Parking lots. Every parking lot used for business or industrial purposes shall be kept substantially clear of debris and shall be maintained in conformance with any standards or conditions imposed upon the business or industrial use at the time of any site plan and/or development plan approval.
O. 
Maintenance of property complaint. Complaints alleging a violation of this section shall be commenced by service of written notice from the Village of Johnson Creek or its Building Inspector of noncompliance upon the property owner. In the event that a property owner fails to take action to bring said property into compliance with this section within five business days of the date of said written notice, the Village of Johnson Creek may take any and all steps necessary to place the building, structure, or appurtenances in a condition consistent with this section, including but not limited to directing the Public Works Department to complete any necessary repairs and place the costs incurred by the Village of Johnson Creek in taking said action on the owner's tax bill as a special assessment.
[Amended 7-8-2003 by Ord. No. 20-03]
The designation of dwellings or dwelling units as unfit for human habitation and the procedure for the condemnation and placarding of such unfit dwellings or dwelling units shall be carried out in compliance with the following requirements:
A. 
Any dwelling or dwelling unit which shall be found to have any of the following defects shall be condemned as unfit for human habitation and shall be so designated and placarded by the Building Inspector or Police Chief:
[Amended 6-12-2006 by Ord. No. 15-06]
(1) 
One which is so damaged, decayed, dilapidated, unsanitary, unsafe, or vermin infested that it creates a serious hazard to the health or safety of the occupants or of the public.
(2) 
One which lacks illumination, ventilation, or sanitation facilities adequate to protect the health or safety of the occupants or of the public.
(3) 
One which because of its general condition or location is unsanitary, or otherwise dangerous, to the health or safety of the occupants or of the public.
B. 
Any dwelling or dwelling unit condemned as unfit for human habitation and so designated and placarded by the Building Inspector or Police Chief shall be vacated within a reasonable time as ordered by the Building Inspector or Police Chief.
[Amended 6-12-2006 by Ord. No. 15-06]
C. 
No dwelling or dwelling unit which has been condemned and placarded as unfit for human habitation shall again be used for human habitation until written approval is secured from and such placard is removed by the Building Inspector or Police Chief. The Building Inspector or Police Chief shall remove such placard whenever the defect or defects upon which the condemnation and placarding action was based have been eliminated.
[Amended 6-12-2006 by Ord. No. 15-06]
D. 
No person shall deface or remove the placard from any dwelling or dwelling unit which has been condemned as unfit for human habitation and placarded as such, except as provided in Subsection C.
E. 
Any person affected by any notice or order relating to the condemning and placarding of a dwelling or dwelling unit as unfit for human habitation may request and shall be granted a hearing on the matter before the Building Inspector or Police Chief, under the procedure set forth in § 112-11.
[Amended 6-12-2006 by Ord. No. 15-06]
[Amended 7-8-2003 by Ord. No. 20-03; 6-12-2006 by Ord. No. 15-06]
Any person who shall violate any provision of this article or any rules or regulations adopted by the Building Inspector or Police Chief pursuant to authority granted by this article shall, upon conviction, be punished by a civil forfeiture as provided in Chapter 60, Penalties, and in default of payment of such forfeiture by imprisonment for not less than one day nor more than 20 days. Each day of failure to comply with any such provision shall constitute a separate violation.