[HISTORY: Adopted by the Common Council of the City of Manawa 10-18-1993
as Title 15, Ch. 1 of the 1989 Code of Ordinances. Amendments noted where
applicable.]
GENERAL REFERENCES
Erosion control — See Ch. 136.
Fair housing — See Ch. 142.
Fire prevention — See Ch. 152.
Health and sanitation — See Ch. 169.
Mobile homes — See Ch. 206.
Access to public buildings — See Ch. 245.
Floodplain zoning — See Ch. 300.
Shoreland-wetland zoning — See Ch. 301.
Subdivision of land — See Ch. 302.
Zoning — See Ch. 303.
A.
Title. This chapter shall be known as the "Building Code
of the City of Manawa" and will be referred to in this chapter as "this code"
or "this chapter."
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.
A.
New buildings hereafter erected in, or any building hereafter
moved within or into, the city shall conform to all the requirements of this
chapter except as they are herein specifically exempted from part or all of
its provisions.
(1)
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.
(2)
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.
A.
General permit requirement. No building of any kind shall
be moved within or into the city and no new building or structure, or any
part thereof, shall hereafter be erected or have ground broken for the same
or be enlarged, altered, moved, demolished, razed or used within the city,
except as herein provided, until a permit therefor shall first have been obtained
by the owner or the owner's authorized agent from the City Building Inspector.[1]
B.
Alterations and repairs. The following provisions shall
apply to buildings altered or repaired:
(1)
Alterations. When not in conflict with any regulations,
if alterations to any existing building or structure accommodating a legal
occupancy and use but of substandard type of construction involve either beams,
girders, columns, bearing or other walls, room arrangement, heating and air-conditioning
systems, light and ventilation, changes in location of exit stairways or exits
or any or all of the above, then such existing construction shall be made
to conform to the minimum requirements of this chapter applicable to such
occupancy and use and given type of construction.
(2)
Repairs. Repairs for purposes of maintenance or replacement
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 existing stairways or
exits, fire protection or exterior aesthetic appearance and which do not increase
a given occupancy or use shall be deemed minor repairs.
(3)
Alterations when 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 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.
(4)
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 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.
C.
Application. Application for a building permit shall
be made in writing upon a form furnished by the City Building Inspector 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 City
Building Inspector may require.[3]
D.
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 permit shall be issued until the subdivision and required
improvements are accepted by the Common Council, upon the recommendation of
the Plan Commission.
E.
Utilities required.
(1)
Residential buildings. No building permit shall be issued
for the construction of any residential building until sewer, water, grading
and graveling are installed in the streets necessary to service the property
for which the permit is required.
(2)
Nonresidential building. No building permit shall be
issued for the construction of any building other than residential until contracts
have been let for the installation of sewer, water, grading and graveling
in the streets necessary to service the property for which the permit is requested.
(3)
Occupancy. No person shall occupy any building until
sewer, water, grading and graveling are installed in the streets necessary
to service the property, and a certificate of occupancy shall not be issued
until such utilities are available to service the property.
F.
Plans. With such application, there shall be submitted
a complete set of plans and specifications, including a plot plan showing
the location of the proposed building with respect to adjoining roads, highways,
streets, alleys, lot lines and buildings. Plans for buildings involving the
State Building Code shall bear the stamp of approval of the State Department
of Commerce. One plan shall be submitted which shall remain on file in the
office of the City Building Inspector. All plans and specifications shall
be signed by the designer.[4]
G.
Waiver of plans; minor repairs.[5]
(1)
Waiver of plans. If the City Building Inspector finds
that the character of the work is sufficiently described in the application,
the City Building Inspector may waive the filing of plans for alterations,
repairs or moving.
(2)
Minor repairs. The City 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 $500 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.
H.
Approval of plans.
(1)
If the City Building Inspector determines that the building
will comply in every respect with all ordinances and orders of the city and
an applicable laws and orders of the State of Wisconsin, the City Building
Inspector 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 City Building Inspector.[6]
(2)
In case adequate plans are presented for part of the
building only, the City Building Inspector, at his or her discretion, may
issue a permit for that part of the building before receiving the plans and
specifications for the entire building.[7]
(3)
No building permit for any single-family residence structure shall be issued if the exterior architectural appeal and functional plan of the proposed structure will, when erected, be so at variance with or so similar to either the exterior architectural appeal or functional plan of the structures already constructed, in the course of construction in the neighborhood, or the character of the applicable district established by Chapter 303, Zoning, as to cause a substantial depreciation in the property values of said neighborhood.
I.
Permit lapse. A building permit shall lapse and be void
unless building operations are commenced within six months or if construction
has not been completed within one year from the date of issuance thereof.
J.
Revocation of permit.
(1)
The Common Council, or its designee, may revoke any building,
plumbing 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 Common Council or its designee 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 instructions had been issued to him or her.[8]
(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 Common Council or its
designee, 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 given by the Common Council or its designee for
the use of all new materials, equipment, methods or construction devices or
appliances.
(2)
The notice revoking a building, plumbing or electrical
permit, 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 or
her 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 Common Council or its
designee.
(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 Common Council may order as a condition precedent to the
reissuance of the building permit may be performed, or such work as it may
require for the preservation of life and safety.
K.
Report of violations. The police or other city officers
shall report at once to the Common Council any building which is being carried
on without a permit as required by this chapter.
L.
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 times during construction or work thereon.
A.
State code adopted. The Administrative Code provisions
describing and defining regulations with respect to one- and two-family dwellings
in Chapters ILHR 20 through 25 of the Wisconsin Administrative 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 future 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 City of Manawa. A copy of these Administrative Code provisions
and any future amendments shall be kept on file in the City Building Inspector's
office.[1]
B.
Existing buildings.
(1)
The Wisconsin Uniform Dwelling Code shall also apply
to buildings and conditions where:
(a)
An existing building is to be occupied as a one- or two-family
dwelling, which building was not previously so occupied.
(b)
An existing structure is altered or repaired, when the
cost of such alteration or repair during the life of the structure exceeds
50% of the equalized value of the structure, said value to be determined by
the City Assessor.
(2)
(3)
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.
(4)
Additions and alterations. Any addition or alteration,
regardless of cost, made to a building shall be made in conformity with applicable
sections of this chapter.
C.
ADDITION
ALTERATION
DEPARTMENT
DWELLING
MINOR REPAIR
ONE- OR TWO-FAMILY DWELLING
PERSON
UNIFORM DWELLING CODE
(1)
(2)
(3)
(4)
(5)
(6)
Definitions. As used in this section, the following terms
shall have the meanings 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 Department of Commerce.[3]
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 stairways 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.
Those Administrative Code provisions and any future amendments, revisions
or modifications thereto contained in the following chapters of the Wisconsin
Administrative Code:
Chapter ILHR 20, Administrative and Enforcement.
Chapter ILHR 21, Construction Standards.
Chapter ILHR 22, Energy Conservation Standards.
Chapter ILHR 23, Heating, Ventilating and Air Conditioning.
Chapter ILHR 24, Electrical Standards.
Chapter ILHR 25, Plumbing and Potable Water Standards.
D.
Method of enforcement.[4]
(1)
Certified inspector provided. The City of Manawa, as
a municipality under 2,500 in population, shall contract with or provide a
building inspector certified by the Department of Commerce in each category
specified under Section 26.06 of the Wisconsin Administrative Code and by
the Department of Health and Social Services in the category of plumbing for
the purpose of enforcing the provisions of the One- and Two-Family Uniform
Dwelling Code adopted in this chapter.
(2)
(Reserved)
(3)
Inspection powers. The Common Council or an authorized
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 City Building
Inspector or his or her agent while in performance of his or her duties.
A.
Portions of State Building Code adopted. Chapters ILHR
50 through 64 of the Wisconsin Administrative 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 Chapters 50 to 64 incorporated
herein are intended to be made a part of this code. A copy of said Chapters
50 to 64 and amendments thereto shall be kept on file in the office of the
City Building Inspector.[1]
B.
State Plumbing Code adopted. The provisions and regulations
of W.S.A. Ch. 145 and Wisconsin Administrative Code Chapters H 81, H 82, H
83 and ILHR 25 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 city. Any further amendments, revisions and modifications
of said Wisconsin statutes and Administrative Code incorporated herein are
intended to be made part of this chapter.
C.
State Electrical Code adopted.
(1)
Wisconsin Administrative Code Chapter ILHR 24 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 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 chapter and shall apply to all buildings, except those covered in Subsection C(1) above.
D.
Conflicts. If, in the opinion of the City Building Inspector and/or the Common Council, 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 inspector and/or the city shall apply the most stringent provisions in determining whether or not the proposed building meets the requirements of this section.[2]
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, 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 Commerce.
Whenever the Common Council finds any building or part thereof within
the city to be, in 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, it shall order
the owner to raze and remove such building or part thereof or, if it can be
made safe by repairs, to repair it and make it safe and sanitary or to raze
and remove it, at the owner's option. Such order and proceedings shall
be as provided in W.S.A. s. 66.05.
The purpose of the inspections under this chapter is to improve the
quality of housing in the city. The inspections and the reports and findings
issued after the inspections are not intended as, nor are they to be construed
as, a guaranty. In order to so advise owners and other interested persons,
the following disclaimer shall be applicable to all inspections:
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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.
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Private garages shall be built in accordance with the general construction
standards established in the Wisconsin Uniform Dwelling Code.
A.
No building within the City of Manawa shall be razed
without a permit from the City 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 Common Council[1]
B.
All debris must be hauled away at the end of each day
for the work that was done on that day. Combustible material shall not be
used for backfill but shall be hauled away. There shall not be any burning
of materials on the site of the razed building. If any razing or removal operation
under this section results in, or would likely result in, an excessive amount
of dust particles in the air creating a nuisance in the vicinity thereof,
the permittee shall take all necessary steps, by use of water spraying or
other appropriate means, to eliminate such nuisance. The permittee shall take
all necessary steps prior to the razing of a building, through the employment
of a qualified person in the field of pest control or by other appropriate
means, to treat the building so as to prevent the spread and migration of
rodents and insects therefrom during and after the razing operations.
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 Common
Council 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 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.
(1)
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
by 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.
(2)
If the owner of the land fails to comply with the order
within the time required, the Common Council 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 Common Council
from the date of the report on the cost thereof, pursuant to the provisions
of W.S.A. s. 66.60.
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 city and to the protection of the property.
C.
Groundwater. Where deemed necessary by the Common Council,
every house shall have a sump pump installed for the purpose of discharging
clear water 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.
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 stormwater 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 city
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 Common Council or its 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, the Common Council or its designated
agent 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 upon any
of the public ways of the city without first obtaining a permit therefor from
the City Building Inspector and upon payment of the required fee. Every such
permit issued by the City 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]
(2)
A report shall be made by the Director of Public Works
with regard to possible damage to trees. The estimated cost of trimming, removal
and replacement of public trees, as determined by the Director of Public Works,
shall be paid to the City Building Inspector prior to issuance of the moving
permit.[3]
(3)
Issuance of the moving permit shall further be conditioned
on approval of the moving route by the Director of Public Works and Chief
of Police.
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 Director of Public Works, who shall thereupon in the
company of the Chief of Police 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
Common Council, the city shall repair the damage done to such streets and
hold the person obtaining such permit and the sureties on his or her bond
responsible for the payment of the same.
D.
Bond.
(1)
Before a permit is issued to move any building over any
public way in the city, the party applying therefor shall give a bond to the
City of Manawa in a sum to be fixed by the City Building Inspector and which
shall not be less than $5,000, said bond to be executed by a corporate surety
or two personal sureties to be approved by the Mayor or designated agent,
conditioned upon, among other things, the indemnification of the city 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 city in connection therewith arising out
of the removal of the building for which the permit is issued.[4]
(2)
Unless the Common Council or its agent 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 Common Council and reasonably
adopted or calculated to prevent the occurrences set forth herein.
E.
Insurance. The city 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 of 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.
F.
Plan Commission review.
(1)
No such permit shall be issued unless it has been found as a fact by the Plan Commission of the city, 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 said 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 plan 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 the character of the applicable district established by Chapter 303, Zoning, of this Code or any ordinance amendatory thereof or supplementary thereto as to cause a substantial depreciation in the property values of said neighborhood with said applicable district.
(a)
In case the applicant proposes to alter the exterior
of said building after moving the same, the applicant shall submit with his
or her application papers complete plans and specifications for the proposed
alterations.
(b)
Before a permit shall be issued for a building to be moved and altered, the applicant shall give a bond to the city, which shall not be less than $5,000, to be executed in the manner provided in Subsection D hereof, to the effect that he or she will, within a time to be set by the Plan Commission, complete the proposed exterior alterations to said building in the manner set forth in his or her 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 city.
(c)
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 City Building Inspector,
the City Building Inspector shall request a meeting of the Plan Commission
to consider applications for moving permits which the City Building Inspector
has found comply in all respects with all other ordinances of the city. The
Plan Commission 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, giving 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 Plan Commission
shall, in writing, make or refuse to make the finding required by this subsection
and file it in the office of the City Building Inspector.[5]
The fees for building permits under this chapter shall be as established
by resolution of the Common Council.
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 city officials shall promptly report all such violations to the Common Council and City 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 to cause such building, structure or use to be removed and may also subject the violator to a penalty as provided in Chapter 1, § 1-21, General penalty, 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 city 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.
If an inspection reveals a noncompliance with this chapter
or the Uniform Dwelling Code, the 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 Section ILHR 20.10(1)(c) of the Wisconsin Administrative
Code.
C.
If, after written notification, the violation is not
corrected within 30 days, a stop-work order may be served on the owner or
the owner's 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 Common Council after satisfactory evidence has been supplied
that the cited violation has been corrected.
D.
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 city from maintaining any appropriate action
to prevent or remove a violation of any provision this chapter or the Uniform
Dwelling Code.
E.
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.
Any person feeling aggrieved by an order or a determination of the City
Building Inspector in administering this chapter 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.
Except as may otherwise be provided by statute or ordinance, no officer,
agent or employee of the City of Manawa charged with the enforcement of this
chapter shall render himself or herself 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 or her duties under this chapter. Any suit brought
against any officer, agent or employee of the city as a result of any act
required or permitted in the discharge of his or her duties under this chapter
shall be defended by the legal representative of the city until the final
determination of the proceedings therein.
