[HISTORY: Adopted by the Village Board of
the Village of Johnson Creek as indicated in article histories. Amendments
noted where applicable.]
[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]
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]
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]
(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.
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:
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.
(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]
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)
(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]
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.
