[HISTORY: Adopted by the Town Board of the
Town of Linn 11-13-1995 (Ch. 12 of the 1995 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Subdivisions — See Ch.
11.
These regulations are adopted under the authority
granted by Chs. 59, 60, 61, 62, 66 and 101, Wis. Stats.
The purpose of this Building Code is to promote
the health, safety and welfare of our municipality.
[Amended 2-14-2022 by Ord. No. 2022-002; 5-25-2023 by Ord. No. 2023-005]
This Building Code applies to all dwellings, commercial buildings,
swimming pools, garages and other outbuildings. Unless a project includes
installation of electrical wiring, excepted are outbuildings of less
than 100 square feet used exclusively for agricultural purposes, children's
play structures, dog kennels, or storage sheds.
[Amended 6-9-2014; 5-25-2023 by Ord. No. 2023-005]
No owner or contractor may commence construction of any building
or mechanical system prior to obtaining a valid permit from the Municipal
Building Inspector.
(1) The construction which shall require a building permit includes,
but is not limited to:
(a) New one- and two-family and commercial building including agricultural
buildings, detached structures (decks), and detached accessory buildings.
(b) Additions that increase the physical dimensions of a building, including
decks.
(c) Alterations to an existing building structure cost shall include
market labor value, all as determined by the Building Inspector, or
alterations to the existing building's heating, electrical or
plumbing system.
(d) Replacement of major building equipment, including furnaces and central
air conditioners. Water heater replacements shall require a permit
if the plumbing, venting, electrical or gas supply system is altered.
(e) Any electrical wiring for new construction or remodeling excluding
new wiring for existing industrial and manufacturing facilities that
do not require state-mandated building plan review.
(f) New public building containing less than 50,000 cubic feet in total
volume or alteration of a public building involving less than 100,000
cubic feet in total volume.
(g) All SPS 361.60, Wis. Adm. Code, building occupancies and storage
garages of less than 25,000 cubic feet.
(h) All larger commercial buildings which must be state reviewed but
locally inspected.
(i) Any HVAC or plumbing for new construction or remodeling.
(j) Any new or re-wired electrical service, including services for agricultural
buildings.
(2) Moving buildings across, along or upon a public highway.
(a) Before a permit to move any building along, across or upon a public
highway or across land not the property of the owner of the building
is granted by the Building Inspector, the party applying therefor
shall give a bond in the sum of $1,000 with good and sufficient sureties
to be approved by the Town Board, conditioned among other things that
said party will save and indemnify judgment, costs and expenses which
may in any way accrue against the Town and keep the Town harmless
against all liabilities, judgments and costs.
(b) Every permit to move a building shall designate the route to be taken
and limit the time for removal. The removal of buildings shall be
continuous all hours of the day and day by day and at night, if the
Building Inspector and the Town Board order, until completion with
the least possible obstruction to the thoroughfares. Lighted lanterns
shall be kept in conspicuous places at each end of the building during
the night.
(c) No bond shall be required for the moving of a building from one location
to another on the same premises, but such an operation will require
a permit.
(3) Restoration or repair of an installation to its previous code-compliant
condition as determined by the Building Inspector is exempted from
permit requirements. Residing, reroofing and finishing of interior
surfaces and installation of cabinetry shall be exempted from permit
requirements. However, unless structural calculations are provided,
no more than two layers of roofing shall be installed on a roof.
[Amended 5-25-2023 by Ord. No. 2023-005]
The following Wisconsin Administrative Code
chapters and subsequent revisions are adopted for municipal enforcement:
Ch. SPS 302.31, Buildings, structures, heating, ventilation
and fire protection systems
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Ch. SPS 305, Credentials
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Ch. SPS 316, Electrical Code
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Chs. SPS 320 through 325 and 327, Uniform Dwelling Code
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Chs. SPS 361 through 366, Commercial Building Code
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Chs. SPS 375 through 379, Buildings Constructed Prior to 1914
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Chs. SPS 381 through 387, Uniform Plumbing Code
|
For the purposes of this code, the scope of
the Wisconsin Uniform Dwelling Code is revised to include:
A. Additions, alterations and major equipment replacements
for one- and two-family dwellings built prior to June 1, 1980.
B. Detached garages serving one- and two-family dwellings.
C. Residential sheds of over 120 square feet in area.
[Amended 5-25-2023 by Ord. No. 2023-005]
A. Creation and appointment. There is hereby created the office of Building
Inspector. The Building Inspector shall be appointed by the Town.
The Building Inspector shall be certified for inspection purposes
by the state in the required categories specified under-SPS 305, Wis.
Adm. Code.
B. Assistants. The Building Inspector may appoint as necessary and by
approval of the Town Board or Town Chairman, if necessary, assistant
inspectors. Any assistant hired to inspect buildings shall be certified
as defined in SPS 305, Wis. Adm. Code by the Department.
C. Duties. The Building Inspector shall administer and enforce all provisions
of this chapter.
D. Powers. The Building Inspector or an authorized agent of the Building
Inspector may, at all reasonable hours, enter upon any public or private
premises for inspection purposes. The Building Inspector may require
the production of the permit for any building, plumbing, electrical,
or heat work. No person shall interfere with or refuse to permit access
to any such premises to the Building Inspector or his/her agent while
in the performance of his/her duties. In the event that the Inspector
is refused access to any such premises, then the Inspector is authorized
to apply for a special inspection warrant pursuant to § 66.0119,
Wis. Stats.
E. Records. The Building Inspector shall perform all administrative
tasks required by the applicable codes. In addition, the Inspector
shall keep a record of all applications for building permits in a
book for such purpose and shall regularly number each permit in the
order of its issuance.
Two sets of building plans shall be submitted
to the Building Inspector for any work valued over $5,000, any work
which expands the size of a building, any new building, or as required
by the Building Inspector. If a new building or building addition
is proposed, then a plot plan showing such proposed work and existing
buildings and property lines shall be submitted.
The Building Inspector shall issue the requested
permit after all state, county and local submission requirements are
satisfied. If a permit card is issued, it shall be posted at the job
site in a visible location. Permits are valid for two years.
A deposit of $100 is required for all projects of over $5,000 in total value. It shall be refunded after the project is completed and no noncompliances are found by the Building Inspector and all other fees are paid. It shall be forfeited if occupancy occurs before permit or extends after a temporary occupancy permit expires. It shall also be forfeited if the exterior is not finished per §
12-12 within two years of permit issuance.
If no noncompliances are found by the Building
Inspector, then the Building Inspector shall allow occupancy. If minor
noncompliances, other than health or safety items, are in existence,
the Inspector may allow temporary occupancy for a specified term.
Occupancy may not be taken until occupancy is allowed by the Inspector.
All buildings shall have a weather-resistent,
uniform and neighborhood-compatible exterior finish. Tar paper or
similar material is not acceptable.
All buildings shall be maintained so that they
do not lose value or become noncomplying with applicable codes.
Yards shall be kept free of weeds, trash, open
storage or nonlicensed or disabled vehicles.
At the time of building permit application,
the applicant shall pay fees as established periodically by the Town
Board. If work commences prior to permit issuance, double fees may
be charged by the Building Inspector.
A. Definitions. As used in this section, the following
words and phrases shall have the meanings as hereinafter set forth:
APPROVED
(1)
As applied to automatic fire sprinkler equipment
means approval by the authority charged with the enforcement of this
section.
(2)
As applied to automatic fire sprinklers and
devices means approval by a recognized testing laboratory.
AREA
The maximum horizontal projected area on one floor of buildings
or structures within the exterior walls or between approved fire walls.
AUTOMATIC FIRE SPRINKLER EQUIPMENT
A system of piping connected to an adequate water supply
provided with approved automatic fire sprinklers and devices so arranged
and located as to discharge water automatically to the seat of the
fire.
BASEMENT
Any story where less than half the height between the floor
and ceiling is above the average level of street, sidewalk or finished
grade.
COMBUSTIBLE
A material or structure which can burn. "Combustible" is
a relative term; many materials which will burn under one set of conditions
will not burn under others, e.g., structural steel is noncombustible,
but fine steel wool is combustible. The term "combustible" does not
usually indicate ease of ignition, burning intensity or rate of burning,
except when modified by a word such as "highly" as in "highly combustible
interior finish."
FIRE-RESISTIVE
The type of construction in which the structural members,
including walls, partitions, columns, floor and roof construction,
are of noncombustible materials with fire-resistive ratings not less
than those specified in the following table. (The two classifications
are identified by the required fire resistance as a matter of convenience.)
|
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Classification
|
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Fire Resistance Rating of Structural Members
in Hours
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3-Hour
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2-Hour
|
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Bearing walls, or bearing portion of walls,
exterior or interior
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4
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4
|
|
Nonbearing walls or portions of walls, exterior
or interior
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NC
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NC
|
|
Principal supporting members, including columns,
trusses, girders and beams for more than 1 floor or roof
|
4
|
3
|
|
Secondary floor construction members such as
beams, slabs and joints not affecting the stability of the building
|
3
|
2
|
|
Secondary roof construction members such as
beams, purlins and slabs not affecting the stability of the building
|
2
|
1 1/2
|
|
Interior partitions enclosing stairways and
other openings through floors
|
2
|
2
|
FIRE WALL
A wall which has a fire-resistance rating of not less than
four hours and which subdivides a building or separate buildings to
restrict the spread of fire, including a three-foot parapet wall.
INCOMBUSTIBLE
The same as "noncombustible." Because it is subject to misunderstanding,
"noncombustible" is preferred.
MULTIFAMILY HOUSE
A building or portion thereof containing three or more dwelling
units, including a tenement house, apartment house or flat.
STORY
That part of a building comprised between a floor and the
floor or roof next above.
B. Installation required. Approved automatic fire sprinkler
equipment shall be installed and maintained in the following buildings
or structures in the Town of Linn as follows:
(1) Buildings for the manufacture, storage or sale of
combustible goods or merchandise.
(a)
Throughout every fire-resistive building occupied
in whole for the manufacture, storage or sale of combustible goods
or merchandise if:
[1]
Over 10,000 square fee in area.
[2]
Over one story in height and exceeding 6,000
square feet in average area.
[3]
Over four stores in height, regardless of area.
(b)
Throughout every nonfire-resistive building
occupied, in whole or in part, for the manufacture, storage, sale
of combustible goods or merchandise if:
[1]
Over 7,000 square feet in area;
[2]
Over one story in height and exceeding 4,000
square feet per floor in average area; or
[3]
Over three stories in height, regardless of
area.
(2) Garages.
(a)
In fire-resistive buildings over 10,000 square
feet in total area exceeding four stories in height;
(b)
In nonfire-resistive buildings over 6,000 square
feet in total or exceeding four stories in height;
(c)
Basement and subbasement garages and garages
above or below other occupancies in excess of three passenger vehicles;
and
(d)
Garages used as passenger terminals.
(3) Basements. Basements having an area exceeding 2,500
square feet when for the sale or storage of combustible goods or merchandise
(not including garages).
(a)
Where automatic sprinklers are required in a
basement only, the supply shall be from a Town water main. Where there
is no Town water supply, such basement sprinklers need not be installed,
but at such time as a Town water supply becomes available, such required
basement sprinklers shall be installed.
(b)
Every basement sprinkler system shall also include
sprinklers in all shafts (except elevator shafts) leading to the story
above.
(4) Multifamily houses.
(a)
In fire-resistive buildings in basements, stairways
and all corridors.
(b)
In nonfire-resistive buildings in:
[1]
Basements, stairways and all corridors.
[2]
Throughout entire buildings if over two stories.
(5) Theaters and assembly halls.
(a)
Throughout all buildings of nonfire-resistive
construction; and
(b)
In buildings of fire-resistive construction
in such places as the stage, under the roof of the stage, gridiron,
fly galleries and bridges, in dressing rooms, work rooms, property
rooms and on the stage side of the proscenium opening.
(6) Hospitals.
(a)
Throughout all buildings of nonfire-resistive
construction; and
(b)
In buildings of fire-resistive construction
throughout all basements, kitchens, shops, laundries, laboratories,
stairways, corridors and throughout all other areas where combustible
materials are handled.
(7) Nursing, convalescent, old age and other like institutional
buildings. Throughout all nursing, convalescent, old age and other
like institutional buildings.
(8) Schools, colleges and universities.
(a)
Throughout all buildings of nonfire-resistive
construction.
(b)
In buildings of fire-resistive construction
throughout basements, workshops, laboratories, stairways, corridors,
stage area of auditoriums, janitor closets, kitchens, cafeterias and
throughout all other areas where combustible materials are handled
or stored. An Underwriters' Laboratories approved automatic fire or
smoke detection system wired to fire stations may be substituted for
automatic sprinkler protection.
(9) Dormitories, fraternities and sorority houses.
(a)
Throughout all buildings of nonfire-resistive
construction; and
(b)
In buildings of fire-resistive construction
in such places as linen rooms, storage rooms, boiler rooms, kitchens,
stairways, corridors and throughout all other areas where combustible
materials are handled or stored.
(10) Hazardous properties. In buildings or structures,
the occupancy or use of which involves a highly combustible, highly
flammable or explosive material or that has characteristics that constitute
a special fire hazard, including among others:
(a)
Aluminum powder factories.
(b)
Cellulose nitrate plastic factories.
(e)
Explosives and pyrotechnics and manufacturing.
(i)
Lacquer and paint factories and paint shops,
linseed oil and varnish works.
(j)
Liquefied petroleum gas (LPG) bulk plants.
(o)
Linoleum and oil cloth, shade, and cloth manufacturing.
(q)
Pytoxlin plastic manufacturing and processing.
(r)
Other occupancies involving the processing,
mixing, storage and dispensing of volatile liquids.
(11) Condominiums. Throughout all buildings of nonfire-resistive
construction.
C. Installation.
(1) Approved automatic fire sprinkler equipment shall
be installed in accord with the current edition of Pamphlet No. 13,
titled "Standards for the Installation of Sprinkler Systems," and
other applicable standards of the National Fire Protection Association
and Ch. Comm 14, Wis. Adm. Code, or other applicable State of Wisconsin
regulations, all of which are in effect at the time of installation.
(2) Required automatic sprinkler systems shall be designed
and constructed in conformity with good established practice. Reinstallation
of used sprinkler heads is prohibited, and other secondhand devices
may be installed only by special permission of the Town Fire Chief
and the Town Board.
D. Applicability of section.
(1) This section shall apply to all new buildings and structures listed in Subsection
B hereof and to existing buildings in which the Fire Chief shall determine a severe life hazard exists to the occupants and users thereof without automatic sprinklers, subject to appeal to the Town Board of such determination.
(2) Nothing contained herein shall be construed as requiring
the installation of automatic fire sprinklers in safe deposit or other
vaults; places where the application of water may cause or increase
combustion; or in any other location where the installation of sprinklers
may increase the hazard, nor shall it be construed in any way to prohibit
the substitution of other automatic protective equipment when approved
by and under conditions acceptable to the Fire Chief and the Town
Board.
[Added 2-14-2000; amended 9-11-2023 by Ord. No. 2023-007]
A. Purpose. The purpose of this section is to regulate outdoor night
lighting fixtures, including pier lights, to improve nighttime public
safety utility and security by restricting the nighttime emission
of light rays which are the source of light trespass and/or unnecessary
glare, and/or are detrimental to the safety and/or security of persons,
property or vehicular traffic, and/or are detrimental to the traditional
aesthetic values of the Town, and/or unnecessarily restrict persons
from the peaceful enjoyment of their property.
B. The provisions of this section shall apply to all outdoor luminaires
used, installed, replaced, altered, moved, or repaired after the effective
date of this section, except as this applicability is specifically
expanded or reduced herein.
C. Definitions. As used in this section, the following terms shall have
the meanings indicated:
FOOTCANDLE
A unit for measuring illumination of a surface one foot distant
from a source of light is equivalent to one candle.
OUTDOOR LIGHTING FIXTURE
An outdoor artificial illuminating device, whether permanent
or portable, including pier lights, used for illumination or advertisement,
including searchlights, spotlights, and floodlights, whether for architectural
lighting, parking lot lighting, landscape lighting, billboards or
streetlighting.
SHIELDED
Any attachment which interrupts and blocks the path of light
emitted from a luminaire or fixture.
D. Light trespass. The maximum allowable light trespass shall be 0.5
horizontal footcandle four feet above the ground. The point of measurement
of this offending light shall be beyond the boundaries of the property
on which the luminaire is located and/or 150 feet from that property's
shoreline when measured on the water.
E. Open parking facilities. The illumination requirements of an open
parking facility depend on the amount of usage the facility receives.
Three levels of activity shall be established as High, Medium and
Low, reflecting both traffic and pedestrian activity. The following
examples are nonexclusive and include:
(1) High activity: Facilities for major or league athletic events or
major cultural or civic events.
(2) Medium activity: Shopping centers, retail parking areas, hospital,
and clinic parking areas, cultural or recreational events, and fast-food
facilities.
(3) Low activity: Employee parking, education facility parking, office
parks, and church parking.
General Parking and Pedestrian Areas
|
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Level of Activity
|
Minimum Average Footcandle
|
Maximum Average Footcandles on Pavement
|
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High
|
0.6
|
3.75
|
Medium
|
0.4
|
2.5
|
Low
|
0.2
|
1.5
|
F. Shielding of outdoor lighting fixtures. All outdoor luminaires shall
be located, sized, shielded and/or directed in such a manner that
they do not constitute light trespass as defined herein.
G. Hours of operation. All outdoor luminaires must be turned off between
11:00 p.m. (local time) and sunrise except when used for:
(1) Lighting necessary for security purposes, provided the light source
shall be shielded so that the light source is not visible from streets,
adjacent properties, or navigable waters beyond the nearest pierhead
line;
(2) Lighting necessary to illuminate public street and/or private roads;
or
(3) Recreational use that continues after 11:00 p.m., but only for so
long as such use continues.
H. Illuminating elevated objects. In the case of state and national
flags, statues, entranceway markers, or other top-of-pole mounted
objects which cannot be illuminated with downward directed lighting,
upward directed lighting may be used only in the form of one or two
narrow-cone spotlights which confines the illumination to the object
of interest, and provided that the lighting is restricted to an angle
of not less than 75° up from horizontal.
I. Safety. No outdoor luminaire may be operated in such manner as to
constitute a hazard or danger to persons, or to safe vehicular or
boating operation.
J. Display lot lighting. Display lot lighting shall be turned off within
30 minutes after closing of the business. Under no circumstances shall
the full illumination of the lot be permitted after 11:00 p.m. Any
lighting used after 11:00 p.m. shall be used as security lighting.
K. Exemptions. The following are exempt from the requirements of this
section:
(1) Outdoor lighting fixtures existing and legally installed prior to
the effective date of this section; however, any replacement of said
lighting fixtures must comply with this section as set forth above.
(2) Temporary exemption. Request for temporary exemption from the provisions
of this section may be submitted to the Town Board in written form
describing the reason for the request and the nature of the request.
If approved and granted in writing by the Town Board, such exemption
shall be in force for not more than 30 days. Request for a maximum
of one thirty-day renewal may be made in a similar manner. In the
event of an emergency, the Town Chair may terminate any temporary
exemption including concerns about safety or light trespass.
(3) Low voltage. All low-voltage landscape or accent lighting and holiday lighting are exempt from the requirements of this ordinance, except for the requirements of Subsections
D and
I.
(4) Security. Motion detector security lights, which are normally off and which are activated on for less than four minutes occasionally when motion is detected, are exempt from the requirements of this ordinance, but are not exempt from Subsections
D and
I.
(5) Streetlighting. Outdoor luminaires used to provide illumination for
public streets and private roads are exempt from the requirements
of this section except as described in this section. After the effective
date of this section, where private streetlighting is installed, public
or private roads, shall be fully shielded.
(6) Commercial establishments. Commercial establishments are exempt from the provisions of this section except for Subsections
D,
E and
I and regardless of whether or not the commercial establishment as defined herein is subject to a conditional use permit which contains language that the petitioner agrees to comply with any lighting ordinance which may, at any time, be adopted by the Town. Said commercial establishments by this ordinance are only subject to any other specific lighting requirement of the specific conditional use permit and Subsections
D,
E and
I of this section.
(7) Agricultural properties. Any property appropriately zoned and actively
used for agricultural purposes pursuant to the provisions of the Walworth
County zoning ordinances.
(8) Town-owned properties. Any property owned by the Town of Linn.
L. Violations and penalties. Any person, firm, entity or corporation
violating the provisions of this section shall be required to pay
a forfeiture of not more than $500 for each day the violation continues
after being issued a citation.
[Added 1-8-2001]
A. General provisions. In addition to any other fees
required to be paid in conjunction with the filing of an application
requesting any consideration on the part of the Town Board (hereinafter
"Board") or the Town Plan Commission (hereinafter "Plan Commission")
to establish or modify any use of land or subdivision of land within
the Town, the person, partnership or entity requesting such consideration
(hereinafter "applicant") shall compensate the Town for all costs
and expenses the Town incurs in the consideration of any such application
or request. The obligation to compensate the Town for its costs or
expenses shall extend to presubmission discussions with the Town or
its representatives which precede an application to the Town.
[Amended 6-9-2008]
B. Applicant certificate. Before the Town shall incur
any costs or expense in consideration of any application as described
in this section, the applicant shall sign an acknowledgment and certificate
on a form to be made available by the Town Clerk acknowledging the
applicant's responsibility for all Town costs and expenses directly
or indirectly related to the applicant's request. The original of
said acknowledgment and certificate shall be kept on file with the
Town Clerk. A copy shall be given to the applicant at the time of
signing.
[Amended 9-9-2019]
C. Costs recoverable. All costs incurred by the Town
in the consideration of any requests by an applicant related to the
Town shall be recoverable, including, without limitation by enumeration,
the following:
(1) All professional and technical consultant services
and fees retained by the Town and rendered in review of any application,
including but not limited to the Town Engineer, Planner, Town Attorney
or any other professional or expert hired by the Town for purposes
of review of the application or presubmission request.
(3) Court reporter costs, as deemed necessary by the Town
Board or Town Plan Commission.
[Amended 6-9-2008]
(6) Inspection fees incurred by the Town Building Inspector.
(7) Document recordation (if required).
D. Billing of costs. The Town Clerk shall, on a monthly
basis, bill all costs recoverable pursuant to this section to the
applicant, which said costs shall be paid by the applicant within
10 days of receipt of the Town's billing. The Town Board may require
an applicant to submit an advance deposit against future billings
by the Town for the recovery of costs provided by this section. Surplus
deposits shall be returned to the applicant at the conclusion of the
project if such deposits exceed the amount of billings for recoverable
costs. Any billed costs from the Town unpaid at the expiration of
said ten-day period shall bear interest at the rate of 18% per annum.
[Amended 9-9-2019]
E. Condition of all applications. Notwithstanding anything
in the Town Code to the contrary, payment in full of all recoverable
costs pursuant to this section shall be a precondition to the final
approval of any application. This precondition shall extend to any
Board request for an advance deposit against future billings for recoverable
costs as called for herein.
F. Enforcement. In addition to those provisions for enforcement
contained in the Town Code, in the event that the Town is not paid
billed recoverable fees as called for herein, the Town shall be entitled
to recover all actual attorney fees, litigation expenses, witness
fees, filing fees, expert witness fees and all other costs or expenses
incurred by the Town in the prosecution of a violation of this section,
regardless of whether the Town prevails in such prosecution or not.
[Amended 6-9-2008]
Except where another penalty is provided, violations
of this code shall, upon conviction, be subject to a forfeiture of
not less than $50 nor more than $1,000 for each day of noncompliance,
together with the costs of prosecution. Violations discovered by the
Building Inspector shall be corrected within 30 days, or more if allowed
by the Inspector, after written notice is given.
The inspector may issue a stop-work order against
a project to prevent further noncomplying work.
This chapter shall not be construed as an assumption
of liability by the municipality or inspector for damages because
of injuries sustained or property destroyed by any defect in any installation
or on any premises.