[HISTORY: Adopted by the Town Board of the
Town of Cedarburg 1-2-1991 as Title 10, Ch. 4 of the 1991 Code. Amendments noted where
applicable.]
This chapter shall be known as the "Building
Code of the Town of Cedarburg" and will be referred to in this chapter
as "this code" or "this chapter."
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 buildings and/or structures.
Its purpose is to protect and foster the health, safety and well-being
of persons occupying or using buildings and the general public.
New buildings hereafter erected in or any building
hereafter moved within the Town shall conform to all the requirements
of this chapter except as they are herein specifically exempted from
part or all of its provisions. Any alteration, enlargement or demolition
of an existing building and any installation therein of electrical,
gas, heating, plumbing or ventilating equipment which affects the
health or safety of the users thereof or any other persons is a "new
building" to the extent of such change. Any existing building shall
be considered a "new building" for the purposes of this chapter whenever
it is used for dwelling, commercial or industrial purposes, unless
it was being used for such purpose at the time this chapter was enacted.
The provisions of this chapter supplement the laws of the State of
Wisconsin pertaining to construction and use and the Zoning Code of
the Town and amendments thereto to the date this chapter was adopted
and in no way supersede or nullify such laws and said Zoning Code.[1]
As used in this chapter, the following terms
shall have the meaning indicated:
New construction performed on a dwelling which increases
the outside dimensions of the dwelling.
A substantial change or modification other than an addition
or minor repair to a dwelling or to systems involved within a dwelling.
The State of Wisconsin Department of Safety and Professional
Services.
[Amended 3-4-2015 by Ord.
No. 2015-4]
Repair performed for maintenance or replacement purposes
on any existing one- or two-family dwelling which does not affect
room arrangement, light and ventilation, access to or efficiency of
any exit stairway or exits, fire protection or exterior aesthetic
appearance and which does not increase a given occupancy and use.
No building permit is required for work to be performed which is deemed
minor repair.
A building structure which contains one or separate households
intended to be used as a home, residence or sleeping place by an individual
or by two or more individuals maintaining a common household to the
exclusion of all others.
An individual, partnership, firm or corporation.[1]
The following chapters of the Wisconsin Administrative Codes,
as well as all subsequent revisions, are adopted by the Municipality
and shall be enforced by the Building Inspector:
[Added 3-4-2015 by Ord.
No. 2015-4]
|
§ SPS 302.31
|
Plan Review Fee Schedule
|
|
§ SPS 305
|
Credentials
|
|
§ SPS 316
|
Electrical Code
|
|
§§ SPS 320 through 325
|
Uniform Dwelling Code
|
|
§§ SPS 361 through 366
|
Commercial Building Code
|
|
§§ SPS 375 through 379
|
Buildings Constructed Prior to 1914
|
|
§§ SPS 381 through 387
|
Uniform Plumbing Code
|
[1]
Editor's Note: The former definition of "Uniform Dwelling
Code," which immediately followed this definition, was repealed 3-4-2015
by Ord. No. 2015-4
[Added 3-4-2015 by Ord.
No. 2015-4; amended 7-1-2020 by Ord. No. 2020-6]
A.
Certified municipality. The Town has adopted the certified municipality
status as described in § SPS 361.60 of the Wisconsin Administrative
Code.
(1)
Responsibilities. If the Town is delegated by the Department
of Safety and Professional Services (Department) under SPS 361.60,
the Town may assume the following responsibilities:
(2)
Plan examination. Drawings, specifications and calculations
for all the types of buildings and structures, except state-owned
buildings and structures, to be constructed within the limits of the
municipality shall be submitted, if the plans are for any of the following:
(a)
A new building or structure containing less than 50,000 cubic
feet of total volume.
(b)
An addition to a building or structure where the area of the
addition results in the entire building or structure containing less
than 50,000 cubic feet of total volume.
(c)
An addition containing no more than 2,500 square feet of total
floor area and no more than one floor level, provided the largest
roof span does not exceed 18 feet and the exterior wall height does
not exceed 12 feet.
(d)
An alteration of a space involving less than 100,000 cubic feet
of total volume.
(e)
A certified municipality may waive its jurisdiction for the
plan review of a specific project or types of projects, or components
thereof, in which case plans and specifications shall be submitted
to the Department for review and approval.
(f)
The Department may waive its jurisdiction for the plan review
of a specific project, where agreed to by a certified municipality,
in which case plans and specifications shall be submitted to the certified
municipality for review and approval.
A.
General permit requirement. No building of any kind
shall be moved within the Town and no new building or structure, plumbing,
electric, HVAC, or any part thereof shall hereafter be erected, or
ground broken for the same, or enlarged, altered, moved, demolished,
razed or used within the Town, except as herein provided, until a
permit therefor shall first have been obtained by the owner, or his
authorized agent, from the Building Inspector or his representative.
Any application for a permit submitted to the Building Inspector involving
a designated landmark, landmark site or improvement in an historic
district shall be filed with the Landmarks Commission. Unless written
approval has been granted by the Commission, the Building Inspector
shall not issue any permit for any such work.[1]
B.
Issuance of permits.
(1)
Payment of fees. Except as otherwise specifically
provided, all permit, license and inspection fees required under this
chapter shall be collected by the Town Administrator or Clerk prior
to the issuance of the permit or license, and the Town Administrator
or Clerk shall notify the various inspectors when such fee is paid.
No permit or license shall be issued or reissued or inspection performed
until the required fees are paid.
(2)
Monthly reports. The Building Inspector shall make
a monthly report to the Town Board of permits issued, fees collected
and inspections made.
C.
Permit lapses
[Amended 7-1-2020 by Ord. No. 2020-6]
(1)
General. Permits issued under this chapter, except permits for one-
and two-family dwelling units, shall lapse and be void unless construction
or work thereunder has commenced within six months or if construction
has not been completed within one year from the date of issuance.
Construction has commenced if the footings or foundation has been
excavated to a point where footing or foundation work can begin.
(2)
One- and two-family dwellings. Permits for one- and two-family dwelling
unit construction, remodeling and additions shall be valid for a period
of 24 months from date of issuance.
(3)
Commercial electrical permits. Permits for commercial electrical
work shall be in accordance with SPS 316.
(4)
Reissuance of permits. In the event any work for which a permit was
issued is not completed within 24 months for one- and two-family dwelling
units and within one year for other construction, or work authorized
by a valid permit issued under this chapter, then said permit shall
lapse and be void and no construction or work shall begin or resume
until a new permit is obtained and the fee prescribed under this chapter
is paid. No permit shall be reissued until all approvals required
by this chapter at the time of reapplication have been given. The
fee for reissuance of a permit shall be 1/2 of the required fee at
the time of reapplication unless work has proceeded without a permit
or under a lapsed permit, in which event full fees shall be paid.
D.
Revocation of permits.
(1)
The Building Inspector may revoke any building, plumbing,
HVAC, or electrical permit, certificate of occupancy, 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:
(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 or instruction has 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.
(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 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, electrical,
or HVAC permit or certificate of occupancy 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.
(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 regulations 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.
E.
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.
F.
Application. Application for a building permit shall
be made in writing upon a form furnished by the Town of Cedarburg
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 or other Town
officials may require.
G.
Site plan approval. All applications for building permits for any construction, reconstruction, expansion or conversion, except for one- and two-family residences in residentially zoned districts, shall require site plan approval by the Plan Commission and Town Board in accordance with Article XII of the Zoning Code.[2] As a part of said site plan approval requirement, any building permit application for construction, except in an industrial zoned district, of new developments and/or new structures shall comply with the design standards as set forth in § 320-10J of the Zoning chapter and conform to the applicable standards of the Town of Cedarburg Design Guidelines and Standards Manual.[3]
[Amended 8-6-2014 by Ord. No. 2014-8]
H.
One- and two-family plans.
[Amended 3-4-2015 by Ord.
No. 2015-4]
(1)
Construction plans. With such application, there shall
be submitted two complete sets of constructions plans and specifications
for one- and two-family dwellings and three complete sets of construction
plans and specifications for commercial and industrials buildings.
Plans shall be drawn to a minimum scale of 1/4 inch to one foot. One
set of plans shall be returned after approval as provided in this
chapter. The second set shall be filed in the office of the Building
Inspector. Plans for buildings involving the State Building Code shall
bear the stamp of approval of the State Department of Safety and Professional
Services. One plan shall be submitted which shall remain on file in
the office of the Building Inspector. All plans and specifications
shall be signed by the designer. Plans for all new one and two-family
dwellings shall comply with the provisions of § SPS 320.09(4),
Wis. Adm. Code.
(2)
Plot plans. A plot plan showing the location and dimensions
of all buildings and improvements on the lot, both existing and proposed,
dimensions of the lot, dimensions showing all setbacks of all buildings
on the lot, proposed grade of proposed structure (to Town datum),
grade of lot and of the street abutting the lot, grade and setback
of adjacent buildings (if adjacent lot is vacant, submit elevation
of nearest buildings on same side of street), type of monuments at
each corner of lot, watercourses or existing drainage ditches, easements
or other restrictions affecting such property, seal and signature
of surveyor or a certificate signed by the applicant and a construction
erosion control plan setting forth proposed information and procedures
needed for control of soil erosion, surface water runoff and sediment
disposition at the building site. Plot plans shall be drawn to a recognized
scale.
I.
Waiver of plans. If the Building Inspector finds that
the character of the work is sufficiently described in the application,
he may waive the filing of plans for alterations, repairs or moving.
J.
Approval of plans.
(1)
If the Building Inspector determines that the building
will comply in every respect with all ordinances and orders of the
Town and all applicable laws and orders of the State of Wisconsin,
he shall issue a building permit which shall state the use to which
said building is to be put, which shall be kept and displayed at the
site of the proposed building. After being approved, the plans and
specifications shall not be altered in any respect which involves
any of the above-mentioned ordinances, laws or orders, or which involves
the safety of the building or the occupants, except with the written
consent of the Building Inspector.
(2)
In case adequate plans are presented for part of the
building only, the Building Inspector, at his discretion, may issue
a permit for that part of the building before receiving the plans
and specifications for the entire building.
K.
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. No building permits shall be issued until the
subdivision and required improvements are accepted by the Town Board,
upon the recommendation of the Plan Commission.
L.
Improvements and deposit required.
[Amended 10-4-2006 by Ord. No. 2006-11; 7-1-2020 by Ord. No. 2020-6]
(1)
Driveway. No building permit shall be issued by the Building Inspector
for the construction of any type of building or structure on any land
adjacent to a public street until a driveway for vehicular traffic
has been provided from the public street; such driveway shall be constructed
of approved granular materials placed over a culvert pipe located
in the drainage adjacent to such street in accordance with a culvert
permit issued by the Town Director of Public Works of the Town of
Cedarburg. In no case shall the granular material or subsequent permanent
surfacing be constructed higher than the adjacent shoulder of the
public street, and said granular driveway shall extend to the right-of-way
line before a building permit is issued. The bottom course of the
driveway shall be installed over its full length and width from the
public street right-of-way to the residential garage immediately after
the building foundation has been approved by the Building Inspector
and should be maintained until the completion of the house, but in
no case shall an occupancy certificate be issued until the upper course
of the granular driveway has been installed. The bottom course of
the driveway may be constructed of large-size stones or crushed rock,
except along that part adjacent to the culvert pipe, and the upper
course shall consist of fine to medium well-graded crushed gravel
or crushed rock.
(2)
Cash deposit. No building permit shall be issued by the Building
Inspector for construction of a residential, commercial, industrial
or agricultural building on any land adjacent to a public street until
a cash deposit as noted in the Annual Fee Schedule has been made by
the applicant for each building permit. Such payment shall be made
to the Building Inspector at the time of application for issuance
of a building permit and the amount of such deposit shall be retained
by the Town Treasurer until an occupancy permit has been granted for
such building on the premises. In the event that any damage is done
to the drainage as a result of such construction or any dirt, ground,
soil, organic material or any other debris is deposited, tracked,
pushed or left on the pavement or shoulder of any public street as
a result of such construction, said deposit shall be used to defray
the Town's expenses to repair any such damage or do such cleanup
work as is necessary. In the event that no damage has occurred to
such drainage and roadway and cleanup by the Town is not necessary,
said deposit shall be refunded to the applicant for the building permit
at the time a certificate of occupancy has been granted for such building.
(3)
Penalty. Any person, firm, company or corporation who or which violates any of the provisions of this Subsection L, who by means of a vehicle enters or leaves a parcel of land from or onto a public road without doing so over an approved driveway, or who resists the enforcement of this Subsection L shall upon conviction be subject to a penalty as provided in § 108-19 of this chapter.
M.
Inspection of work.
(1)
The builder shall notify the Building Inspector when
ready for inspections and the Building Inspector shall inspect within
two business days after notification all buildings at the following
states of construction:
(b)
General framing, rough electrical, plumbing
and heating.
(c)
Insulation.
(d)
Completion of the structure. For commercial
and industrial buildings only, this means that the entire building,
interior and exterior, shall be completed and comply with all provisions
of the State Building Codes, conditional use permit and the approved
plans as submitted to the Building Inspector. Signs, landscaping and
decorative lighting do not need to be completed before the occupancy
permit can be issued unless specifically noted by the Plan Commission.
Requests to occupy a building prior to the aforementioned requirements
being completed require approval of the Town Board.
(2)
If the Building Inspector finds that the work conforms
to the provisions of this chapter, he/she shall issue a certificate
of occupancy which shall contain the date and the result of such inspection,
a duplicate of which shall be filed in the office of the Building
Inspector.
N.
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 and the Wisconsin Commercial Building Code. The Building Inspector
shall be certified for inspection purposes by the Department in each
of the categories specified under Ch. SPS 305 Wis. Adm. Code.
[Amended 3-4-2015 by Ord.
No. 2015-4]
(2)
Subordinates. The Building Inspector may appoint,
as necessary, subordinates, which appointments shall be subject to
confirmation by the Town Board.
(3)
Duties. The Building Inspector shall administer and
enforce all provisions of this chapter and the Uniform Dwelling Code
and the Wisconsin Commercial Building Code.
[Amended 3-4-2015 by Ord.
No. 2015-4]
(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/her agent while in performance
of his/her duties.
(5)
Records. The Building Inspector shall perform all
administrative tasks required by the Department under the Uniform
Dwelling Code. 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 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.
(6)
Report of violations. Town officers shall report at
once to the Building Inspector any building that is being carried
on without a permit as required by this chapter.
A.
State Uniform Dwelling Code adopted. The Administrative
Code provisions describing and defining regulations with respect to
one- and two-family dwellings in Chs. SPS 320 through 325, Wis. Adm.
Code, are hereby adopted and by reference made a part of this chapter
as if fully set forth herein. Any act required to be performed or
prohibited by an Administrative Code provision incorporated herein
by reference is required or prohibited by this chapter. Any amendments,
revisions or modifications of the Administrative Code provisions incorporated
herein are intended to be made part of this chapter to secure uniform
statewide regulation of one- and two-family dwellings in the Town.
A copy of these Administrative Code provisions and any future amendments
shall be kept on file in the Town Clerk's office.
[Amended 3-4-2015 by Ord.
No. 2015-4]
B.
State Commercial Building Code adopted. Chapters SPS
361 through 366, 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. SPS
361 through 366 incorporated herein are intended to be made a part
of this code. A copy of said Chs. SPS 361 through 366 and amendments
thereto shall be kept on file in the office of the Building Inspector.
C.
State Plumbing Code adopted. The provisions and regulations
of Ch. 145, Wis. Stats., and Chs. 381 through 387, 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 Town. Any further amendments, revisions and modifications
of said Wisconsin Statutes and Administrative Code herein are intended
to be made part of this chapter.
[Amended 3-4-2015 by Ord.
No. 2015-4]
D.
State Electrical Code adopted. The provisions and
regulations of Ch. SPS 316, Wis. Adm. Code, are hereby made a part
of this chapter by reference and shall extend over and govern the
installation of all electrical installed, altered or repaired in the
Town. Any further amendments, revisions and modifications of said
Wisconsin Statutes and Administrative Code herein are intended to
be made part of this chapter.
[Amended 3-4-2015 by Ord.
No. 2015-4; 7-1-2020 by Ord. No. 2020-6]
(1)
All electrical work shall be done by qualified persons
and/or State of Wisconsin licensed and insured electrical contractors,
with the following exceptions:
(a)
Residential property owners may replace electrical
fixtures, appliances and equipment or make minor repairs with a proper
permit (if required) and approval from the Town Electrical Inspector.
All work shall conform to this chapter and Ch. SPS 316, Wis. Adm.
Code.
(b)
Residential property owners may move electrical
fixtures, switches, boxes, etc., if part of a construction project
where a building permit is issued and inspections are made. All work
shall conform to this chapter and Ch. SPS 316, Wis. Adm. Code.
(c)
Electrical wiring may be done which involves
adding not more than two circuits provided that proper permits and
approvals are obtained from the Town Electrical Inspector prior to
that work being done. All work shall conform to this chapter and Ch.
SPS 316, Wis. Adm. Code.
E.
Existing buildings.
(1)
An existing building to be occupied as a one- or two-family
dwelling, which building was not previously so occupied, shall conform
to the Wisconsin Uniform Dwelling Code.
(2)
Any existing structure that is altered or repaired,
when the cost of such alteration or repair during the life of the
structure exceeds 50% of the assessed value of the structure, said
value to be determined by the Town Assessor, shall be brought up to
code existing at the time of the proposed alteration or repair. Existing
electrical installations shall conform to the electrical code that
applied when the installations were installed. An existing electrical
installation may be required to be brought into compliance with SPS
316 and within the time period determined by the Town Building Inspector
when a hazard to life, health or property exists or is created by
the installation.
[Amended 7-1-2020 by Ord. No. 2020-6]
(4)
Roof coverings. Whenever more than 25% of the roof
covering of a building is replaced in any twelve-month period, all
roof covering shall be in conformity with applicable sections of this
chapter.
(5)
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, may 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 10-4-2006 by Ord. No. 2006-11]
(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.
[Amended 3-4-2015 by Ord.
No. 2015-4]
A.
State approval needed. 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 Safety and Professional Services 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.
Installation. 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 Safety and Professional
Services. The data, tests and other evidence necessary to prove the
merits of such material, method of construction or device shall be
determined by the State Department of Safety and Professional Services.
A.
Razing order. Whenever the Building Inspector and
Town Board find any building, plumbing, electrical, HVAC, or part
thereof within the Town to be, in their 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, they shall order the owner to raze and remove
such building, plumbing, electrical, HVAC, or part thereof or, if
it can be made safe by repairs, to repair so as to make it 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.
B.
When alterations or moving 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 assessed
value of the building or structure, no alterations 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.
C.
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.
D.
Extent of deterioration. The amount and extent of
deterioration of any existing building or structure shall be determined
by the Building Inspector.
The purpose of the inspections under this chapter
is to improve the quality of housing in the Town. 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, a disclaimer shall
be included in each inspection report as follows: "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."
All Wisconsin Uniform Dwelling Code and construction
standards shall apply to residential garages and detached accessory
buildings. The State of Wisconsin Commercial Building Code shall apply
to all other structures, except noncommercial agricultural buildings.
A.
Permit and completion requirements. No building within
the Town of Cedarburg 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.
B.
Cleanup and mitigation. 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 as to
prevent the spread and migration of rodents and insects therefrom
during and after the razing operations.
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 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 the excavation
or foundation shall 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 making 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 Town 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 purpose 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
or onto a sanitary disposal system.
B.
Nuisance. The discharge into or onto a sanitary disposal
system 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 Town 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, or dry well or shall discharge 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 Town 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.
[Added 10-1-2008 by Ord. No. 2008-18]
A.
ILLICIT CONNECTION
PERSON
STORM DRAIN SYSTEM
Definitions.
The following definitions shall be applicable in this section:
Any drain or conveyance, whether on the surface or subsurface,
which allows an illegal discharge to enter the storm drain system,
including, but not limited to, any conveyances which allow any non-stormwater
discharge including sewage, process wastewater, and wash water to
enter the storm drain system and any connections to the storm drain
system from indoor drains and sinks, regardless of whether said drain
or connection had been allowed, permitted, or approved by a government
agency, prior to the adoption of this section.
Any individual, association, organization, partnership, firm,
corporation or other entity recognized by law and acting as either
the owner or as the owner’s agent.
Publicly owned facilities by which stormwater is collected
and/or conveyed, including but not limited to any roads with drainage
systems, municipal streets, gutters, curbs, inlets, piped storm drains,
pumping facilities, retention and detention basins, natural and human-made
or altered drainage channels, reservoirs, and other drainage structures.
B.
Discharges
prohibited. No person shall discharge, spill or dump substances or
materials which are not entirely composed of stormwater into receiving
bodies of water or onto driveways, sidewalks, parking lots or other
areas that drain into the storm drainage system. Unless otherwise
approved by the Town Board, no person shall discharge roof drains,
yard drains or sump pumps onto streets, sidewalks, or other areas
within Town right-of-way that drain into the storm drainage system.
Roof drains, yard drains, and sump pumps shall discharge onto pervious
areas at grade on private property.
C.
Connections
prohibited. The construction, use, maintenance or continued existence
of illicit connections to the storm drainage system is prohibited.
This prohibition expressly includes, without limitation, illicit connections
made prior to the adoption of this section, regardless of whether
the connections was permissible under law or practice applicable or
prevailing at the time of connection. Unless otherwise approved by
the Town Board, roof drain and sump pump discharge connections to
the storm drainage system shall be prohibited.
D.
Exemptions.
The following activities are exempt from the provisions of this section
unless found to have an adverse impact on the stormwater:
(1)
Discharges authorized by a permit issued by the Wisconsin Department
of Natural Resources.
(2)
Discharges resulting from fire-fighting activities.
(3)
Discharges from uncontaminated groundwater, potable water sources,
air-conditioning condensation, springs, lawn watering, individual
residential car washing, water main and hydrant flushing and swimming
pools if the water has been dechlorinated.
E.
Enforcement;
penalties.
(1)
Whenever the Building Inspector, Director of Public Works, or its
designated agent finds a person has violated a prohibition or failed
to meet a requirement of this section, the Town of Cedarburg may order
compliance by written notice of violation to the responsible person.
Such notice may require, without limitation:
(2)
In the event the person fails to eliminate the illicit connection
or discharge, fails to cease and desist in discharge, practices or
operations in violation of this section or fails to abate or remediate
the stormwater pollution or contamination hazards, that person may
be subject to a forfeiture of not less than $50 nor more than $500
for each offense, together with the costs of prosecution. Each day
that the violation exists shall constitute a separate offense.
F.
Effective
date. This section shall be in force and effect from and after its
adoption and publication. The above and foregoing section was duly
adopted by the Town Board of Town of Cedarburg on the first day of
October, 2008.
Each unit of a duplex shall have a separate
water and sewer service.
A.
General requirements.
(1)
No person shall move any building or structure upon
any of the public ways of the Town without first obtaining a permit
therefor from the Building Inspector, posting the required bond, filing
proof of adequate insurance coverage, and paying 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 to the Town Administrator with
regard to possible damage to trees. The estimate shall be made by
the moving contractor who shall also be responsible for trimming the
trees in a manner which is least harmful to them.
(3)
Issuance of moving permit shall further be conditioned
on approval of the moving route by the Town Administrator.
(4)
No building shall be moved into the Town of Cedarburg
from outside of the Town.
(5)
Before the Building Inspector shall issue a permit
for the removal and relocation of an existing building, it shall first
be presented to the Town Board for approval. This section is not intended
to prohibit the relocation of a building within the boundary of the
lot on which said building is located, provided that it meets all
the provisions of the Zoning Code.[1]
B.
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.
C.
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 Building Inspector who shall
thereupon, in the company of the Town Administrator, 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 it in as good repair as it
was before the permit was granted. On the failure of said permittee
to do so within 10 days thereafter to the satisfaction of the Town
Board, the Town 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.
D.
Conformance with code. No permit shall be issued to
move a building within the Town and to establish it upon a location
within said Town 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 Town 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.
E.
Bond.
(1)
Before a permit is issued to move any building over
any public way in the Town, the party applying therefor shall give
a bond to the Town of Cedarburg in the sum of $5,000, said bond to
be executed by corporate surety or two personal sureties to be approved
by the Town Attorney and Town Board conditioned upon, among other
things, the indemnification to the Town 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 Town in connection therewith arising
out of the removal of the building for which the permit is issued.
(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 E(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.
F.
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 $100,000
and for one accident in a sum not less than $200,000, together with
property damage insurance in a sum not less than $50,000, or such
other coverage as deemed necessary.
[Amended 3-6-1991 by Ord. No. 1991-7, 12-1-2004 by Ord. No.
2004-15; 10-4-2006 by Ord. No. 2006-13]
A.
Fire numbers. The Town of Cedarburg shall furnish
to each property owner the numbers, which may variously be described
as the fire numbers for the property and/or the address number. The
numbers are primarily to indicate the address and assist the Ozaukee
County Sheriff’s Department or the Fire Department for an emergency
response call by or for locating a specific property. These numbers
shall be installed on a steel post by the Town of Cedarburg. The height
of the post shall be between four and five feet so that the numbers
are clearly visible from the driven portion of a street or highway
adjoining the property. Said post and numbers shall be installed within
10 feet of either side of the driveway entrance leading into the property
and within 10 feet of the road right-of-way limits. The sign shall
be perpendicular to the adjacent roadway center line and project towards
the roadway from the post.
B.
Driveway length designations. For addresses within
the Town that have driveways of 1,000 feet or greater, the Town of
Cedarburg shall furnish additional signage to be on the same post
with fire numbers required above. The additional signage shall provide
the Fire Department with the necessary information regarding the length
of the driveway. The Town Board, by resolution, shall officially approve
the size, color, content, form, and location of the driveway length
sign on the post of the fire numbers. All new building construction
within the Town, which has driveways of 1,000 feet or greater, shall
indicate the total length of the driveway in the building permit application
and pay the appropriate fee for issuance of the appropriate sign with
said application as listed on the Town’s Annual Fee Schedule.
C.
Unlawful removal or relocation of fire numbers/ driveway length designations. It shall be unlawful for any person to relocate or remove any such designated fire number, driveway length sign and/or post once it has been installed in accordance with Subsections A and B. Removal or relocation of the said signs and/or post may result in the assessment of a reinstallation fee of $75.[1]
The fees for building permits shall be as determined
by resolution of the Town Board.
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.
Unlawful buildings or structures. 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 Town Board and Town 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 or to cause such building, structure or use to be removed, and such violation may also be subject to a penalty as provided in Chapter 1, § 1-3 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. 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.
Process for noncompliance.
(1)
If an inspection reveals a noncompliance with this
chapter, 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 10 days after written notification unless
an extension of time is granted.
(2)
If, after written notification, the violation is not
corrected within 10 days, a stop-work order may be served on the owner
or his 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 ten-day
written notice period has run shall constitute a separate offense.
Nothing in this chapter shall preclude the Town 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 and a stop-work
order shall be posted at the site.
C.
Appeal. 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.[1]
D.
Liability. Except as may otherwise be provided by
statute or ordinance, no officer, agent or employee of the Town of
Cedarburg 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 Town 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 Town until the final determination
of the proceedings therein.
[Added 1-4-2012 by Ord. No. 2012-3]
A.
Within one year of the issuance of an occupancy permit or a final
inspection for a new residence, agricultural, commercial or industrial
building, an addition to a residence, farm or business structure or
other accessory structure where the surface conditions have been affected
by final grading, excavating, constructing or filling operations,
a cover growth of plant material containing no noxious weeds shall
be established by the owner of such land over all remaining disturbed
areas to prevent erosion, dust, noxious weeds, or unsightly conditions.
B.
The provisions of this section shall apply to any parcel of land,
except lands in farming operations, where surface conditions have
been disturbed by the aforementioned activities, even if new construction
has not taken place, or no permit or inspection by the Town is required.
Under this subsection, the one year time requirement shall commence
upon the date of issuance of written notice from the Town official
to the owner of the land that compliance is mandatory.
C.
Any person, firm, company, or corporation who violates, disobeys or refuses to comply with the provisions of this section shall be subject to the enforcement, violations and penalties as provided in § 108-19, and in addition thereto is hereby deemed and declared a public nuisance of the Town.
D.
Existing structures or buildings on such lands where surface conditions
remain disturbed without said cover growth established prior to the
effective date of this section shall comply with the requirements
of this section within six months of the effective date except that
in no case shall compliance be required within less than one year
after the issuance of an occupancy permit or final inspection.
