[HISTORY: Adopted by the Village Board of
the Village of Theresa 6-3-1996 as Title 15, Ch. 1 of the 1996 Code. Amendments noted where
applicable.]
GENERAL REFERENCES
Blasting and rock crushing — See Ch. 122.
Driveways and curb cuts— See Ch. 148.
Erosion control and stormwater management — See Ch. 155.
Fire prevention — See Ch. 172.
Floodplain zoning — See Ch. 180.
Sewers — See Ch. 280.
Subdivision of land — See Ch. 308.
Water — See Ch. 343.
Zoning — See Ch. 350.
A.
Title. This chapter shall be known as the "Building
Code of the Village of Theresa" and will be referred to in this chapter
as "this chapter" or "this code."
B.
Purpose. This chapter provides certain minimum standards,
provisions and requirements for safe and stable design, methods of
construction and uses of materials in buildings and/or structures
hereafter erected, constructed, enlarged, altered, repaired, moved,
converted to other uses or demolished and regulates the equipment,
maintenance, use and occupancy of all such buildings and/or structures.
Its purpose is to protect and foster the health, safety and well-being
of persons occupying or using such buildings and the general public.
C.
Authority. These regulations are adopted under the
authority granted by § 101.65, Wis. Stats.
D.
Scope. This code applies to all dwellings, commercial
buildings/structures, swimming pools, garages, structures, buildings,
and residential accessory buildings. Not included are children's play
structures and agricultural buildings.
A.
Permit required.
(1)
General permit requirements.
(a)
Prior to commencing any of the following work,
the owner or his agent shall obtain a valid permit from the Municipal
Building Inspector:
(b)
Permits are not required for replacement of
major building equipment, including furnaces, central air conditioners,
water heaters, other major pieces of equipment, and plumbing, venting,
electrical or gas supply systems when altered, when the work is being
done by a licensed contractor. Signatures will be obtained from all
homeowners, signing off that there is a contractor on the job, hired
to do the work necessary. Otherwise, a permit is required and the
necessary inspections will be done by the Village Building Inspector
as required by law.
(c)
Exempted are reroofing and finishing of interior
surfaces, installation of cabinetry, and minor repair as deemed by
the Building Inspector. However, unless structural calculations are
provided, no more than two layers of roofing shall be installed on
a roof.
(e)
Agricultural buildings are exempt.
(2)
Alterations and repairs. The following provisions
shall apply to buildings altered or repaired:
(a)
Alterations. When any existing building or structure
accommodates a legal occupancy and use but is of a substandard type
of construction, then alterations which involve beams, girders, columns,
bearing or other walls, room arrangement, heating and air-conditioning
systems, light and ventilation, or changes in location of exit stairways
or exits, or any or all of the above, shall be made in order to bring
such existing construction into conformity with the minimum requirements
of this chapter applicable to such occupancy and use and given type
of construction, when not in conflict with any other regulations.
[Amended 8-1-2005 by Ord. No. 1-10]
(b)
Repairs. Repairs for purposes of maintenance
or replacements in any existing building or structure which do not
involve the structural portions of the building or structure or which
do not affect room arrangement, light and ventilation, access to or
efficiency of any exit stairways or exits, fire protection, or exterior
aesthetic appearance and which do not increase a given occupancy or
use shall be deemed minor repairs.
(c)
When alterations not permitted. When any existing
building or structure which, for any reason whatsoever, does not conform
to the regulations of this chapter has deteriorated from any cause
whatsoever to an extent greater than 50% of the equalized value of
the building or structure, no alteration or moving of such building
or structure shall be permitted. Any such building or structure shall
be considered a menace to public safety and welfare and shall be ordered
vacated and thereafter demolished and debris removed from the premises.
(d)
Alterations and repairs required. When any of
the structural members of any building or structure have deteriorated
from any cause whatsoever to less than their required strength, the
owner of such a building or structure shall cause such structural
members to be restored to their required strength, failing in which
the building or structure shall be considered a menace to public safety
and shall be vacated and thereafter no further occupancy or use of
the same shall be permitted until the regulations of this chapter
are complied with.
(e)
Extent of deterioration. The amount and extent
of deterioration of any existing building or structure shall be determined
by the Building Inspector.
B.
Application. Application for a building permit shall
be made in writing upon a form furnished by the Building Inspector
or his designee and shall state the name and address of the owner
of the land and also the owner of the building, if different, the
legal description of the land upon which the building is to be located,
the name and address of the designer, the use to which said building
is to be put and such other information as the Building Inspector
may require.
C.
Waiver of plans; minor repairs.
(1)
Waiver. If the Building Inspector finds that the character
of the work is sufficiently described in the application, he/she may
waive the filing of plans for alterations, repairs or moving, provided
that the cost of such work does not exceed $4,000.
(2)
Minor repairs. The Building Inspector may authorize
minor repairs or maintenance work on any structure or to heating,
ventilating or air-conditioning systems installed therein valued at
less than $2,500, as determined by the Building Inspector, which do
not change the occupancy area, exterior aesthetic appearance, structural
strength, fire protection, exits, light or ventilation of the building
or structure without issuance of a building permit.
D.
Site plan approval.
(1)
When required. All applications for building permits
for any construction, reconstruction, expansion or conversion, excluding
single-family residences in residentially zoned districts, shall require
site plan approval by the Village Board in accordance with the requirements
of this section. Single-family residential site plans shall be received
and reviewed by the Building Inspector in either case. The applicant
shall submit a site plan and sufficient plans and specifications of
proposed buildings, machinery and operations to enable the Village
Board or its expert consultants to determine whether the proposed
application meets all the requirements applicable thereto in this
chapter.
[Amended 8-1-2005 by Ord. No. 1-10; 9-11-2006]
(2)
Administration. The Building Inspector shall make
a preliminary review of the application and plans and refer them along
with a report of his findings to the Village Board. The Village Board
shall review the application and may refer the application and plans
to one or more expert consultants selected by the Village Board to
advise whether the application and plans meet all the requirements
applicable thereto in this chapter. Within 30 days of its receipt
of the application, the Village Board shall authorize the Building
Inspector to issue or refuse a building permit.
(3)
Requirements. In acting on any site plan, the Village
Board shall consider the following:
(a)
The appropriateness of the site plan and buildings
in relation to the physical character of the site and the usage of
adjoining land areas.
(b)
The layout of the site with regard to entrances
and exits to public streets; the arrangement and improvement of interior
roadways; and the location, adequacy and improvement of areas for
parking and for loading and unloading and shall, in this connection,
satisfy itself that the traffic pattern generated by the proposed
construction or use shall be developed in a manner consistent with
the safety of residents and the community, and the applicant shall
so design the construction or use as to minimize any traffic hazard
created thereby.
(c)
The adequacy of the proposed water supply, drainage
facilities and sanitary and waste disposal.
(d)
The landscaping and appearance of the completed
site. The Village Board may require that those portions of all front,
rear and side yards not used for off-street parking shall be attractively
planted with trees, shrubs, plants or grass lawns and that the site
be effectively screened so as not to impair the value of adjacent
properties nor impair the intent or purposes of this section.
(4)
Effect on municipal services. Before granting any
site approval, the Village Board may, besides obtaining advice from
consultants, secure such advice as may be deemed necessary from the
Building Inspector or other municipal officials, with special attention
to the effect of such approval upon existing municipal services and
utilities. Should additional facilities be needed, the Village Board
shall not issue the final approval until the Village has entered into
an agreement with the applicant regarding the development of such
facilities.
(5)
Appeals. Denials of building permits contingent upon
site plan approval may be appealed to the Zoning Board of Appeals
by filing a notice of appeal with the Village Clerk-Treasurer within
10 days of the denial.
E.
Dedicated street and approved subdivision required.
No building permit shall be issued unless the property on which the
building is proposed to be built abuts a street that has been dedicated
for street purposes.
[Amended 9-11-2006]
F.
Utilities required. Residential and nonresidential
buildings. No building permit shall be issued for the construction
of any residential or nonresidential building until sewer, water,
grading and graveling are installed in the streets necessary to service
the property for which the permit is required and a receipt for payment
of electrical hookup is presented to the Building Inspector.
[Amended 8-1-2005 by Ord. No. 1-10; 9-11-2006]
G.
Submission of plans.
[Amended 8-1-2005 by Ord. No. 1-10; 9-11-2006]
(1)
Two sets of building plans shall be submitted to the
Building Inspector for any work which expands the size of a building,
any new building or as required by the Building Inspector. If a new
building or building addition is proposed, then a site plan showing
such proposed work and existing buildings and property lines shall
be submitted. A third set of plans may be requested at the discretion
of the Building Inspector for the Assessor. The Building Inspector
may require the owner or contractor to submit plans for any construction
or demolition project when the Building Inspector determines that
it is necessary to review such plans to assure that the proposed project
will comply with all applicable codes.
(2)
The above-described site plan for a new building shall
show the following:
(a)
Location and dimensions of all existing and
proposed buildings.
(b)
Lot dimensions and all existing and proposed
lot corner elevations and proposed buildings.
(c)
Building setbacks.
(d)
The elevation of the proposed structure using
NGS datum (must be in accordance with the approved grading plan).
(e)
Elevation of the lot and relation to sidewalk,
street, etc., using NGS datum.
(f)
Watercourse, easements and drainage pattern.
(g)
Seal and signature of surveyor or professional
engineer.
(h)
All submissions shall include two copies of
the site plan.
(3)
The builder/contractor shall post a bond of $1,000
to cover the cost of any street cleaning, drainage problems or silt
fence issues that may arise during the construction and are not dealt
with in a timely manner by the builder/contractor. The bond will be
returned, minus any amount used, to the builder/contractor when full
occupancy is granted by the Building Inspector. A detailed accounting
of services required, if any, will be included.
(4)
The Building Inspector shall issue a building permit
as a result of the above submittals, subject, however, to the owner
confirming the actual elevations and location of the foundation once
it is installed. No further construction work can be completed on
a new building until submission of a recertification of the foundation
elevations and location confirming that the foundation elevations
and location conform to the original permit and application regulations.
H.
Approval of plans; permit issuance.
[Amended 8-1-2005 by Ord. No. 1-10]
(1)
Recertification. Upon completion of the foundation,
the owner or contractor shall submit a recertification by a registered
land surveyor or registered professional engineer identifying setbacks
and elevations. Said recertification shall be submitted to the Building
Inspector, who, along with the Village Engineer, will review it to
determine that local setbacks and elevation requirements are satisfied.
If the existing foundation conforms to the local requirements, construction
can commence; a permit card will be issued and shall be posted at
the job site in a visible location from the street. Building permits
are valid for two years. A building permit may be extended for a specific
time frame upon the Building Inspector's approval and payment of appropriate
fees.
[Amended 9-11-2006]
(2)
Right of inspection access. By accepting a permit,
the applicant, owner or contractor grants the Building Inspector the
right of access to the real estate on which the permitted construction
or demolition will occur.
(3)
Building permits conditioned upon compliance with
codes. Permits are issued conditionally on the condition that the
owner and/or contractor(s) shall conform to the requirements of all
applicable codes, zoning ordinances and setback requirements on constructing
the building.
(4)
Final grade contours inspection. Upon completion of
construction and final grading, the owner/contractor shall provide
notice to the Building Inspector and the Village shall check the elevations
of the final grade contours to ensure that they conform to the approved
drainage plans and yard elevation. The cost of determining the elevations
of final grade contours shall be borne by the property owner. If the
elevations are not correct, the Building Inspector shall notify the
property owner and contractor and the final grade contours shall be
brought to their proper elevations by the owner/contractor within
30 days of notice by the Building Inspector of the violation. Thereafter,
any cost incurred in rechecking the elevations shall be borne by the
property owner, who shall pay said costs within 30 days of receipt
of an invoice as provided herein; the Building Inspector shall certify
the amount of the unpaid invoice to the Village Clerk-Treasurer, who
shall cause said amount to added to the tax bill for the separate
parcel. Before a final occupancy permit is given and the bond returned,
the final grade must be recertified for compliance with the master
grading plan by the Village Engineer.
[Amended 9-11-2006]
(5)
Drainage and elevations. The elevation for drainage plans shall be as set forth in the subdivision drainage plan or as determined by the Village Engineer if the building site is not subject to a formal drainage plan. Elevations for new residences shall be as required by Chapter 308, Subdivision of Land, of this Code.
(6)
Completion deposit required. A deposit in the amount
of $500 is required for all newly constructed homes, newly constructed
commercial buildings, and newly constructed duplexes and condominiums
($500 per unit). It shall be refunded after the project is complete,
all other fees are paid, the Building Inspector finds no noncompliances
and final grade is approved by the Village Engineer. It shall be forfeited
if occupancy occurs before final inspection or extends after a temporary
occupancy permit expires. It shall also be forfeited if the exterior
if not finished within two years of permit issuance.
I.
Inspections.
(1)
The following inspections shall be requested 48 hours
in advance by the applicant/contractor or property owner as applicable:
(2)
Failure to request any inspection will be the responsibility
of the contractor and/or property owner.[2]
[2]
Editor's Note: Original § 15-1-2(i)(3),
Completion deposit required, which immediately followed this subsection,
was deleted 8-1-2005 by Ord. No. 1-10. See now Subsection H(7) of
this section.
J.
Permit lapses. A building permit shall lapse and be
void unless building operations are commenced within six months or
if construction has not been completed within two years from the date
of issuance thereof.
K.
Revocation of permits.
(1)
The Building Inspector or the Village Board may revoke
any building, plumbing or electrical permit, occupancy permit, or
approval issued under the regulations of this chapter and may stop
construction or use of approved new materials, equipment, methods
of construction, devices or appliances for any of the following reasons:
[Amended 8-1-2005 by Ord. No. 1-10]
(a)
Whenever the Building Inspector shall find at
any time that applicable ordinances, laws, orders, plans and specifications
are not being complied with and that the holder of the permit refused
to conform after written warning had been issued to him.
(b)
Whenever the continuance of any construction
becomes dangerous to life or property.
(c)
Whenever there is any violation of any condition
or provisions of the application for permit or of the permit.
(d)
Whenever, in the opinion of the Building Inspector,
there is inadequate supervision provided on the job site.
(e)
Whenever any false statement or misrepresentation
has been made in the application for permit, plans, drawings, data
specifications or certified lot or plot plan on which the issuance
of the permit or approval was based.
(f)
Whenever there is a violation of any of the
conditions of an approval or occupancy permit given by the Building
Inspector for the use of all new materials, equipment, methods or
construction devices or appliances.
(2)
The notice revoking a building, plumbing or electrical
permit, occupancy permit or approval shall be in writing and may be
served upon the applicant for the permit, owner of the premises and
his agent, if any, and on the person having charge of construction.
[Amended 8-1-2005 by Ord. No. 1-10]
(3)
A revocation placard shall also be posted upon the
building, structure, equipment or premises in question by the Building
Inspector.
(4)
After the notice is served upon the persons as aforesaid
and posted, it shall be unlawful for any person to proceed thereafter
with any construction operation whatsoever on the premises, and the
permit which has been so revoked shall be null and void, and before
any construction or operation is again resumed, a new permit, as required
by this chapter, shall be procured and fees paid therefor, and thereafter
the resumption of any construction or operation shall be in compliance
with the regulation of this chapter. However, such work as the Building
Inspector may order as a condition precedent to the reissuance of
the building permit may be performed, or such work as he may require
for the preservation of life and safety.
L.
Report of violations. Village officers shall report
at once to the Building Inspector any building which is being carried
on without a permit as required by this chapter.
M.
Display of permit. Building permits shall be displayed
in a conspicuous place on the premises where the authorized building
or work is in progress at all times during construction or work thereon.
A.
Adoption of codes. The Wisconsin Administrative Code
and subsequent revisions are adopted for municipal enforcement as
follows:
(1)
Chapter COMM 5, Licenses, Certifications and Registrations.
(2)
The state electrical code, Wis. Admin. Code ch. SPS
316, which incorporates by reference the National Electrical Safety
Code (NFPA-70) with state amendments thereto, is hereby adopted and
shall be complied with by all persons, firms or corporations performing
electrical work within the scope of this code within the Village.
All revisions to the state electrical code shall be considered to
be adopted by the Village as they occur and become effective within
the state electrical code, without further revisions of this article
or action on the part of the Village.
[Amended 10-7-2019]
(3)
Chapters COMM 20 to 25, Uniform Dwelling Code.
(4)
Chapters COMM 61 to 65, Commercial Building Code.
(5)
Chapter COMM 70, Historic Buildings.
(6)
Chapters COMM 75 to 79, Existing Buildings.
(7)
Chapters COMM 81 to 87, Plumbing.
B.
Scope of Uniform Dwelling Code expanded. For the purposes
of this code, the Wisconsin Uniform Dwelling Code is the standard
for construction of the following:
(1)
Additions, alterations and major equipment replacements
for one- and two-family dwellings built prior to June 1, 1980.
(2)
Detached garages greater than 200 square feet serving
one- and two-family dwellings. Grade beam slabs are required for private,
residential garages with a continuous floating slab of reinforced
concrete and shall not be less than four inches in thickness. Reinforcement
shall be a minimum of six-by-six-inch No. 10 wire mesh. The slab shall
be provided with a thickened edge all around, eight inches wide and
eight inches below the top of the slab. (Exempted are frost-free footings
for detached residential accessory buildings.) Chapter COMM 22, Wis.
Adm. Code, shall not apply.
C.
Method of enforcement.
(1)
Certified inspector to enforce. The Building Inspector
and his delegated representatives are hereby authorized and directed
to administer and enforce all of the provisions of the Uniform Dwelling
Code. The Building Inspector shall be certified for inspection purposes
by the Department in each of the categories specified under § ILHR
26.06, Wis. Adm. Code.
(2)
Subordinates. The Building Inspector may appoint,
as necessary, subordinates as authorized by the Village Board.
(3)
Duties. The Building Inspector shall administer and
enforce all provisions of this chapter and the Uniform Dwelling Code.
(4)
Inspection powers. The Building Inspector or an authorized
certified agent may at all reasonable hours enter upon any public
or private premises for inspection purposes and may require the production
of the permit for any building, plumbing, electrical or heating work.
No person shall interfere with or refuse to permit access to any such
premises to the Building Inspector or his agent while in performance
of his duties.
(5)
Records. The Building Inspector shall perform all
administrative tasks required by the Department under the Uniform
Dwelling Code. In addition, the Building Inspector shall keep a record
of all applications for building permits in a book for such purposes
and shall regularly number each permit in the order of its issue.
Also, a record showing the number, description and size of all buildings
erected indicating the kind of materials used and the cost of each
building and aggregate cost of all one- and two-family dwellings shall
be kept.
A.
Portions of State Building Code adopted. Chapters
COMM 61 through 65, Wis. Adm. Code (Wisconsin State Building Code),
are hereby adopted and made a part of this chapter with respect to
those classes of buildings to which this Building Code specifically
applies. Any future amendments, revisions and modifications of said
Chs. 61 to 65 incorporated herein are intended to be made a part of
this code. A copy of said Chs. 61 to 65 and amendments thereto shall
be kept on file in the office of the Village Clerk-Treasurer.
B.
State Plumbing Code adopted. The provisions and regulations
of Ch. 145, Wis. Stats., and Chs. COMM 81 to 87, Wis. Adm. Code, are
hereby made a part of this chapter by reference and shall extend over
and govern the installation of all plumbing installed, altered or
repaired in the Village. Any further amendments, revisions and modifications
of said Wisconsin Statutes and Administrative Code herein are intended
to be made part of this chapter.
C.
State Electrical Code adopted.
(1)
Chapter COMM 16, Wis. Adm. Code, is hereby adopted
by reference and made a part of this chapter and shall apply to the
construction and inspection of new one- and two-family dwellings and
additions or modifications to existing one- and two-family dwellings.
(2)
Subject to the exceptions set forth in this chapter, the Electrical Code, Volume 1, and Rules of Electrical Code, Volume 2, of the Wisconsin Administrative Code are hereby adopted by reference and made a part of this section and shall apply to all buildings, except those covered in Subsection C(1) above.
D.
Conflicts. If, in the opinion of the Building Inspector and the Village Board, the provisions of the State Building Code adopted by Subsection A of this section shall conflict with the provisions of the Federal Housing Administration standards in their application to any proposed building or structure, the Building Inspector and/or the Village shall apply the most stringent provisions in determining whether or not the proposed building meets the requirements of this section.
A.
All materials, methods of construction and devices
designed for use in buildings or structures covered by this chapter
and not specifically mentioned in or permitted by this chapter shall
not be so used until approved in writing by the State Department of
Commerce for use in buildings or structures covered by the Wisconsin
State Building Code, except sanitary appliances, which shall be approved
in accordance with the State Plumbing Code.
B.
Such materials, methods of construction and devices,
when approved, must be installed or used in strict compliance with
the manufacturer's specifications and any rules or conditions of use
established by the State Department of Commerce. The data, test and
other evidence necessary to prove the merits of such material, method
of construction or device shall be determined by the State Department
of Commerce.
Whenever the Building Inspector or Village Board
finds any building or part thereof within the Village of Theresa to
be, in his or its judgment, so old, dilapidated or out of repair as
to be dangerous, unsafe, unsanitary or otherwise unfit for human occupancy
or use and so that it would be unreasonable to repair the same, the
Building Inspector or Village Board shall order the owner to raze
and remove such building or part thereof or, if it can be made safe
by repairs, to repair and make safe and sanitary, or to raze and remove
at the owner's option. Such order and proceedings shall be as provided
in § 66.0413, Wis. Stats.
The purpose of the inspections under this chapter
is to improve the quality of housing in the Village of Theresa. The
inspections and the reports and findings issued after the inspections
are not intended as, nor are they to be construed as, a guarantee.
In order to so advise owners and other interested persons, the following
disclaimer shall be applicable to all inspections under this chapter:
"These findings of inspection contained herein are intended to report
conditions of noncompliance with code standards that are readily apparent
at the time of inspection. The inspection does not involve a detailed
examination of the mechanical systems or the closed structural and
nonstructural elements of the building and premises. No warranty of
the operation, use or durability of equipment and materials not specifically
cited herein is expressed or implied."
Private garages shall be built in accordance
with the general construction standards established in the Wisconsin
Uniform Dwelling Code.
A.
Demolition permit required. All persons who demolish
or cause to be demolished any structure or part of a structure larger
than 400 square feet within the Village shall apply for and obtain
a demolition permit from the Building Inspector prior to undertaking
any steps to demolish the structure.
B.
Application.
(1)
An application for a permit to demolish all or part
of a building shall include the following information:
(a)
The name and address of the owner of the building
on the date of application and, if different, on the date of demolition;
(b)
The name, address and telephone number of the
contractor(s) performing the demolition work;
(c)
The date upon which demolition is to commence;
(d)
The date by which demolition shall be complete;
(e)
A list of all hazardous waste and hazardous
and toxic substances [as defined by §§ NR 181.12 and
158.03(4), Wis. Adm. Code, as amended from time to time] contained
in the building, a statement as to whether the building contains asbestos
[as defined by § 254.11(1), Wis. Stats.], and a detailed
description of the method to be used in removing, transporting and
disposing of any hazardous waste, hazardous and toxic substances,
and asbestos;
(f)
A detailed description of how and where the
waste materials resulting from the demolition will be transported
and disposed of (including the description of the route to be used
by trucks in hauling the waste);
(g)
A description of the method of demolition to
be used; and
(h)
A description in detail of all methods to be
used to prevent water runoff and soil erosion from the site to neighboring
properties and to prevent releasing unreasonable amounts of dust from
the site.
(2)
Along with the application for permit for demolition,
the applicant shall present a release from all utilities serving the
property stating that their respective service connections and appurtenant
equipment, such as meters and regulators, have been removed or sealed
and plugged in a safe manner.
C.
Demolition. The demolition shall be conducted in a
manner that is safe and that does not adversely affect the environment.
D.
Clearing and leveling the site.
(1)
The site of any demolition shall be properly cleared
of debris, rubbish and pavement and shall be properly graded and leveled
to conform to the adjoining grade of the neighboring property, and
when so graded and leveled the site shall be seeded, sodded or treated
in some other manner acceptable to the Building Inspector so as to
prevent blowing dust, dirt, or sand. Excavations remaining after demolition
shall be filled, graded and leveled off not later than 30 consecutive
days after demolition is completed.
(2)
Excavations from demolished buildings or structures
shall not be filled with any materials subject to deterioration. The
Building Inspector, upon notification by the permit holder, the owner
or his agent, in writing and upon forms provided by the Building Inspector
for that purpose, shall within 72 hours inspect each excavation, or
part thereof, before filling any excavation.
(3)
It shall be unlawful to fill any such excavation without
inspection and approval of the Building Inspector. Voids in filled
excavations shall not be permitted. In the event of the unavailability
of the Building Inspector to conduct an inspection within 72 hours
after written notice, the permit holder, owner or his agent may retain
the services of a certified, qualified municipal inspection service
to obtain an opinion that approves filling of the excavation. Said
opinion shall be deemed a sufficient approval by the Village, provided
that a written copy of the opinion is delivered to the Clerk-Treasurer
at least 48 hours before filling of the excavation commences.
E.
Removal and disposal of hazardous materials. Removal,
transportation and disposal of all hazardous waste, hazardous and
toxic substances, and asbestos shall be conducted in compliance with
all applicable state, federal and local statutes, ordinances and regulations.
The permit holder shall give the Building Inspector 72 hours' written
notice prior to any removal, transportation or disposal of hazardous
waste, hazardous and toxic substances, and asbestos.
A.
Basement subflooring. First floor subflooring shall
be completed within 60 days after the basement is excavated.
B.
Fencing of excavations. The owner of any premises
on which there exists an opening or excavation which is located in
close proximity to a public sidewalk or street right-of-way so as
to constitute a hazard to pedestrian or vehicular traffic shall erect
a fence, wall or railing at least four feet high between such opening
or excavation and the public right-of-way.
C.
Closing of abandoned excavations. Any excavation for
building purposes or any uncovered foundation which shall remain open
for more than three months shall be deemed abandoned and a nuisance,
and the Building Inspector shall order that unless the erection of
the building or structure on the excavation or foundation shall commence
or continue forthwith, suitable safeguards shall be provided to prevent
accidental injury to children or other frequenters or that the excavation
or foundation be filled to grade. Such order shall be served upon
the owner of record or the owner's agent, where an agent is in charge
of the premises, and upon the holder of an encumbrance of record in
the manner provided for service of a summons in the Circuit Court.
If the owner or the holder of an encumbrance of record cannot be found,
the order may be served by posting it on the premises and publication
in the official newspaper for two consecutive publications at least
10 days before the time for compliance stated in the order commences
to run. Such time shall be not less than 14 nor more than 20 days
after service. If the owner of the land fails to comply with the order
within the time required, the Building Inspector shall cause the excavation
or foundation to be filled to grade. The cost of such abatement shall
be charged against the real estate and entered on the next succeeding
tax roll as a special charge and shall bear interest at a rate established
by the Village Board from the date of the report by the Building Inspector
on the cost thereof, pursuant to the provisions of § 66.0627,
Wis. Stats.
A.
Discharge. No person shall cause, allow or permit
any roof drain, surface drain, subsoil drain, drain from any mechanical
device, gutter, ditch, pipe, conduit, sump pump or any other object
or thing used for the purposes of collecting, conducting, transporting,
diverting, draining or discharging clear water from any part of any
private premises owned or occupied by said person to discharge into
a sanitary sewer.
B.
Nuisance. The discharge into a sanitary sewer from
any roof drain, surface drain, subsoil drain, drain from any mechanical
device, gutter, ditch, pipe, conduit, sump pump or any other object
or thing used for the purposes of collecting, conducting, transporting,
diverting, draining or discharging clear water from any part of any
private premises is hereby declared to be a public nuisance and a
hazard to the health, safety and well-being of the residents of the
Village and to the protection of the property.
C.
Groundwater. Where deemed necessary by the Building
Inspector, every house shall have a sump pump installed for the purpose
of discharging clear waters from foundation drains and ground infiltration
and, where the building is not serviced by a storm sewer, shall either
discharge into an underground conduit leading to a drainage ditch,
gutter, dry well or shall discharge onto the ground surface in such
other manner as will not constitute a nuisance as defined herein.
D.
Stormwater. All roof drains, surface drains, drains
from any mechanical device, gutters, pipe, conduits or any other objects
or things used for the purpose of collecting, conducting, transporting,
diverting, draining or discharging stormwaters shall be discharged
either to a storm sewer, a dry well, an underground conduit leading
to a drainage ditch or onto the ground surface in such other manner
as will not constitute a nuisance as defined herein.
E.
Storm sewer lateral. Where municipal storm sewers
are provided and it is deemed necessary by the property owner and/or
the Village to discharge clear waters from a parcel of land, a storm
sewer lateral shall be installed and connected to the storm sewer
main at the expense of the owner.
F.
Conducting tests. If the Building Inspector or his
designated agent suspects an illegal clear water discharge as defined
by this chapter or by any other applicable provision of the Wisconsin
Administrative Code as it may, from time to time, be amended, he may,
upon reasonable notice and at reasonable times, enter the private
premises where such illegal clear water discharge is suspected and
conduct appropriate tests to determine whether such suspected illegal
clear water discharge actually exists.
Each unit of a duplex shall have a separate
water and sewer services.
A.
General requirements.
(1)
No person shall move any building or structure greater
than 200 square feet upon any of the public ways of the Village without
first obtaining a permit therefor from the Building Inspector and
upon the payment of the required fee. Every such permit issued by
the Building Inspector for the moving of a building shall designate
the route to be taken and the conditions to be complied with and shall
limit the time during which said moving operations shall be continued.
(2)
A report shall be made by Village employees with regard
to possible damage to trees. The estimated cost of trimming, removal
and replacement of public trees, as determined by the Village, shall
be paid to the Village Clerk-Treasurer prior to issuance of the moving
permit.
(3)
Issuance of the moving permit shall further be conditioned
on approval of the moving route by the Village Board.
B.
Moving damaged buildings. No building shall be repaired,
altered or moved within or into the Village that has deteriorated
or has been damaged by any cause (including such moving and separation
from its foundation and service connections in case of moved buildings)
to 50% or more of its equalized value, and no permit shall be granted
to repair, alter or move such building within or into the Village.
Furthermore, if the equalized assessed value of the building is not
within 20% of the surrounding buildings where the building is proposed
to be moved to, no permit shall be granted unless the building is
improved to be within the 20%.
C.
Continuous movement. The movement of buildings shall
be a continuous operation during all the hours of the day and at night,
until such movement is fully completed. All such operations shall
be performed with the least possible obstruction to thoroughfares.
No building shall be allowed to remain overnight upon any street crossing
or intersection or so near thereto as to prevent easy access to any
fire hydrant or any other public facility. Lights shall be kept in
conspicuous places at each end of the building during the night.
D.
Street repair. Every person receiving a permit to
move a building shall, within one day after said building reaches
its destination, report that fact to the Director of Public Works,
who shall inspect the streets, highways and curbs and gutters over
which said building has been moved and ascertain their condition.
If the removal of said building has caused any damage to any street
or highway, the person to whom the permit was issued shall forthwith
place them in as good repair as they were before the permit was granted.
On the failure of said permittee to do so within 10 days thereafter
to the satisfaction of the Village Board, the Village shall repair
the damage done to such streets and hold the person obtaining such
permit and the sureties on his bond responsible for the payment of
the same.[1]
E.
Conformance with code. No permit shall be issued to
move a building within or into the Village and to establish it upon
a location within said Village until the Building Inspector has made
an investigation of such building at the location from which it is
to be moved and is satisfied from such investigation that said building
is in a sound and stable condition and of such construction that it
will meet the requirements of this Building Code in all respects.
A complete plan of all further repairs, improvements and remodeling
with reference to such building shall be submitted to the Building
Inspector, and he shall make a finding of fact to the effect that
all such repairs, improvements and remodeling are in conformity with
the requirements of this Building Code and that, when the same are
completed, the building as such will so comply with said Building
Code. In the event a building is to be moved from the Village to some
point outside the boundaries thereof, the provisions with respect
to the furnishing of plans and specifications for proposed alterations
to such building may be disregarded.
F.
Bond.
(1)
Before a permit is issued to move any building over
any public way in the Village, the party applying therefor shall give
a bond to the Village of Theresa in a sum to be fixed by the Building
Inspector and which shall not be less than $10,000, said bond to be
executed by a corporate surety or two personal sureties to be approved
by the Village Board or designated agent, conditioned upon, among
other things, the indemnification to the Village for any costs or
expenses incurred by it in connection with any claims for damages
to any persons or property and the payment of any judgment together
with the costs and expenses incurred by the Village in connection
therewith arising out of the removal of the building for which the
permit is issued.[2]
(2)
Unless the Building Inspector, upon investigation, shall find it to be a fact that the excavation exposed by the removal of such building from its foundation shall not be so close to a public thoroughfare as to permit the accidental falling therein of travelers or the location, nature and physical characteristics of the premises and the exposed excavation such as to make intrusion upon the premises and the falling into such excavation of children under 12 years of age unlikely, the bond required by Subsection F(1) shall be further conditioned upon the permittee erecting adequate barriers and, within 48 hours, filling in such excavation or adopting and employing such other means, devices or methods approved by the Building Inspector and reasonably adopted or calculated to prevent the occurrences set forth herein.
G.
Insurance. The Building Inspector shall require, in
addition to said bond above indicated, public liability insurance
covering injury to one person in the sum of not less than $1,000,000
and for one accident, aggregate not less than $5,000,000, together
with property damage insurance in a sum not less than $1,000,000,
or such other coverage as deemed necessary.
H.
Village Board approval.
(1)
No such permit shall be issued unless it has been found as a fact by the Village Board, by at least a majority vote, after an examination of the application for the permit which shall include exterior elevations of the building and accurate photographs of all sides and views of the same and, in case it is proposed to alter the exterior of said building, plans and specifications of such proposed alterations and after a view of the building proposed to be moved and of the site at which it is to be located, that the exterior architectural appeal and functional plans of the building to be moved or moved and altered will not be so at variance with either the exterior architectural appeal and functional plan of the buildings already constructed or in the course of construction in the immediate neighborhood or in the character of the applicable district established by the zoning ordinances of the Village or any ordinance amendatory thereof or supplementary thereto as to cause a substantial depreciation of the property values of said neighborhood within said applicable district. In case the applicant proposed to alter the exterior of said building after moving the same, he shall submit, with his application papers, complete plans and specifications for the proposed alterations. Before a permit shall be issued for a building to be moved and altered, the applicant shall give a cash bond to the Village Board, which shall not be less than $5,000, to be executed in the manner provided in Subsection F hereof, to the effect that he will, within a time to be set by the Village Board, complete the proposed exterior alterations to said building in the manner set forth in his plans and specifications. This bond shall be in addition to any other bond or surety which may be required by other applicable ordinances of the Village. No occupancy permit shall be issued for said building until the exterior alterations proposed to be made have been completed.
(2)
Upon application being made to the Building Inspector, he shall request a meeting of the Village Board to consider application for moving permits which he has found comply, in all respects, with all other ordinances of the Village. The Village Board may, if it desires, hear the applicant for the moving permit in question and/or the owner of the lot on which it is proposed to locate the building in question, together with any other persons, either residents or property owners, desiring to be heard, give such notice of hearing as it may deem sufficient. Such hearing may be adjourned for a reasonable length of time, and within 48 hours after the close of the hearing the Village Board shall, in writing, make or refuse to make the finding required by Subsection H(1) hereof and file it in the office of Clerk-Treasurer, who shall send a copy of it to the Building Inspector.
If no noncompliances are found by the Building
Inspector, then the Inspector shall issue an occupancy permit. If
minor noncompliances, other than health or safety items, are in existence,
the Building Inspector may issue a temporary occupancy permit for
a specified term. Occupancy may not be taken until an occupancy permit
is issued.
If any section, clause, provision or portion
of this chapter, or of the Wisconsin Administrative Code adopted by
reference, is adjudged unconstitutional or invalid by a court of competent
jurisdiction, the remaining provisions shall not be affected.
A.
Any building or structure hereafter erected, enlarged, altered or repaired or any use hereafter established in violation of the provisions of this chapter shall be deemed an unlawful building, structure or use. The Building Inspector shall promptly report all such violations to the Village Board and Village Attorney, who shall bring an action to enjoin the erection, enlargement, alteration, repair or moving of such building or structure or the establishment of such use of buildings in violation of this chapter or cause such building, structure or use to be removed, and violations may also be subject to a penalty as provided in Chapter 1, § 1-5 of this Code. In any such action, the fact that a permit was issued shall not constitute a defense, nor shall any error, oversight or dereliction of duty on the part of the Building Inspector or other Village officials constitute a defense. Compliance with the provisions of this chapter may also be enforced by injunctional order at the suit of the owner or owners of any real estate within the jurisdiction of this chapter.
B.
Notice of violation.
(1)
If an inspection reveals a noncompliance with this
chapter or the Uniform Dwelling Code, the Building Inspector shall
notify the applicant and the owner, in writing, of the violation to
be corrected. All cited violations shall be corrected within 30 days
after written notification unless an extension of time is granted
pursuant to § COMM 20.10(1)(c), Wis. Adm. Code.
(2)
If, after written notification, the violation is not
corrected within 30 days, a stop-work order may be served on the owner
or his or her representative and a copy thereof shall be posted at
the construction site. Such stop-work order shall not be removed except
by written notice of the Building Inspector after satisfactory evidence
has been supplied that the cited violation has been corrected.
(3)
Each day each violation continues after the thirty-day
written notice period has run shall constitute a separate offense.
Nothing in this chapter shall preclude the Village from maintaining
any appropriate action to prevent or remove a violation of any provision
of this chapter or the Uniform Dwelling Code.
(4)
If any construction or work governed by the provisions
of this chapter or the Uniform Dwelling Code is commenced prior to
the issuance of a permit, double fees shall be charged.
C.
Any person feeling aggrieved by an order or a determination
of the Building Inspector may appeal from such order or determination
to the Zoning Board of Appeals. Those procedures customarily used
to effectuate an appeal to the Zoning Board of Appeals shall apply.
D.
Except as may otherwise be provided by statute or
ordinance, no officer, agent or employee of the Village of Theresa
charged with the enforcement of this chapter shall render himself
personally liable for any damage that may accrue to persons or property
as a result of any act required or permitted in the discharge of his
duties under this chapter. Any suit brought against any officer, agent
or employee of the Village as a result of any act required or permitted
in the discharge of his duties under this chapter shall be defended
by the legal representative of the Village until the final determination
of the proceedings therein.
A.
Restricted. No person shall store junked or discarded
property, including automobiles, automobile parts, trucks, tractors,
refrigerators, furnaces, washing machines, stoves, machinery or machinery
parts, wood, bricks, cement blocks or other unsightly debris, which
substantially depreciates property values in the neighborhood, except
in an enclosure which screens such property from public view or upon
permit issued by the Village Board.
B.
Order for compliance. The Building Inspector may require
by written order any premises in violation of this section to be put
in compliance within the time specified in such order and if the order
is not complied with may have the premises put in compliance and the
cost thereof assessed as a special tax against the property.
A.
Fees for building permits and inspections. At the
time the application for a building permit is filed, the applicant
shall pay the fees as set forth on the fee schedule adopted by the
Village Board and on file at the office of the Village Clerk-Treasurer
and any other fees which may be specifically designated by state statute
or Village ordinance.[1]
B.
Miscellaneous. Where work for which a permit is required
under this code is started or proceeded with prior to obtaining such
permit, the fees as specified shall be doubled, but the payment of
such double fee shall not relieve any person from fully complying
with the requirements of this code or prosecution therefor.