[Amended 8-1-2006 by Ord. No. 655; 5-16-2016 by Ord. No. 765; 12-4-2019 by Ord. No. 801]
A. Adoption
of standards. Except as otherwise specifically provided in this chapter,
all provisions of the Wisconsin Administrative Code (including, but
not limited to, Ch. SPS 360 through 366, Commercial Building Code,
Ch. SPS 370, Historic Building Code, and Ch. SPS 375 through 379,
Existing Building Code) and the following International Code Council
codes with Wisconsin amendments—2015 International Building
Code (IBC), 2015 International Energy Conservation Code, 2015 International
Mechanical Code (IMC), 2015 International Fuel Gas Code (IFCG) and
2015 International Existing Building Code (IEBC)—governing the
construction, maintenance, repair, remodeling, razing, moving, plumbing,
heating, ventilating, wiring, fire protection and sanitation requirements
of buildings and premises, including all subsequent revisions, amendments
and additions thereto, are hereby adopted by reference as if fully
set forth herein. Any act required to be performed or prohibited by
any code section incorporated herein by reference is required or prohibited
by this chapter.
B. Enforcement.
The Building Inspector, as certified by the Department of Safety and
Professional Services, is hereby authorized and directed to administer
and enforce all of the construction codes and standards adopted by
this section.
[Amended by Ord. No. 409; 5-4-1999 by Ord. No. 531; 8-1-2006 by Ord. No.
655]
A. Purpose. To promote a built environment in the residential districts of the Village that provides architectural compatibility as well as economic stability, and to preserve and enhance property values, the Architectural Review Board shall enforce the exterior design principles for all single-family and two-family structures in the Village as identified in §
205-96.
B. Board composition and meetings.
(1) The Architectural Review Board consists of two Village
Trustee members and three citizen members who shall be appointed periodically
by the Village President with final approval by the Village Board.
The Chairman shall be appointed by the Village President.
(2) The Architectural Review Board shall meet as needed,
subject to sufficient agenda items. All special meetings will be called
by the Architectural Review Board Chairman.
C. Board review powers. The Village Building Inspector
shall review all building permits for accuracy and completeness with
regard to Village codes. All single-family and two-family residential
home construction, reconstruction or addition plans are then to be
submitted for review and approval by the Board. Board approvals do
not supplant any other approval requirements established by private
agreements or covenants of record.
[Amended 8-1-2006 by Ord. No. 655]
A. Power of police officer. The Building Inspector is
hereby authorized and directed to enforce all of the provisions of
this chapter and for such purposes has the powers of a police officer
and in this capacity shall have the right to call for the aid of the
Police Department.
B. Power to inspect premises. The Building Inspector
or his authorized representatives may enter any building or premises
upon presentation of the proper credentials for the purpose of inspection
or to prevent violation of this chapter.
C. Power to stop building work. Whenever any building
work is done contrary to conditions of permit issuance, the provisions
of this chapter, any of the ordinances of the Village, state or federal
laws, or where there is a failure to comply with approved plans and
specifications, the Building Inspector may order the work stopped
by notice in writing served on any persons engaged in doing the work,
or by posting at the site of the work. Such person(s) shall immediately
stop such work until authorized by the Building Inspector to recommence
and proceed with the work.
D. Power to order building to be vacated. Whenever any building or portion thereof is being used or occupied contrary to the provisions of this chapter, the Building Inspector shall order such use or occupancy discontinued and the building or portion thereof vacated by notice served on any person using or causing such use or occupancy to be continued, and such person shall vacate such building or portion thereof within 10 days after receipt of such notice or make the building or portion thereof comply with the requirements of this chapter; provided, however, that in the event of an emergency, Subsection
E shall apply.
E. Power to condemn. Any building or portion thereof,
including buildings or structures in process of erection, found to
be dangerous to persons or property, unsafe for the purpose for which
it is being used, in danger from fire due to defects in construction,
dangerous for use because of insufficient means of egress in case
of fire, which violates the provisions of this chapter due to removal,
decay, deterioration or the falling off of any thing, appliance, device
or requirement originally required by this chapter or which has become
damaged by the elements of fire to an extent of 50% of its value,
may be condemned by the Building Inspector. The Building Inspector
may order portions of the structural frame of a building or structure
to be exposed for inspection when, in his opinion, they are in an
unsafe condition. In any of the aforesaid cases, the Building Inspector
shall serve notice in writing on the owner, reputed owner or person
in charge of such a building or premises, setting forth what must
be done to make such building safe. The person receiving such notice
shall commence, within 48 hours thereafter, to make the changes, repairs
or alterations set out in such notice and diligently proceed with
such work or demolish the building. The Building Inspector shall also
affix a notice of such order in a conspicuous place on the outside
wall of the building, and no person shall remove or deface such notice.
F. Powers when orders are ignored. If at the expiration
of the time as set forth in the first notice the instructions as stated
have not been complied with, a second notice shall be served personally
upon the owner, his agent or the person in possession, charge or control
of such building or structure or part thereof, stating therein such
precautionary measures as may be necessary or advisable to place such
building or structure or part thereof in a safe condition. Should
the necessary changes not be made within 30 days after the service
of such second notice, the Architectural Review Board may order the
Building Inspector to proceed with the work specified in such notice.
A statement of the cost of such work shall be transmitted to the Architectural
Review Board, which shall cause the same to be paid and levied as
a lien against the property. Proper service of either such notices
shall be personal service upon the owner of record if he shall be
within the Village. If he is not in the Village, such service may
be had upon any person accustomed to collect rents on the property
in question who may be in the Village and, in the absence of such
a person, upon the tenant of the premises. In the event such premises
are vacant and the owner is not in the Village, such service will
be completed when the notice is sent by registered mail to the last
known address of the owner. Whenever the owner, agent or tenant is
a corporation or other legal entity, service may be upon an officer
or member thereof or, in the absence of these, the local representative
of such corporation or legal entity.
G. Duty to inspect. The Building Inspector shall inspect
or cause to be inspected at various intervals during the erection,
construction, enlarging, alteration, repairing, moving, demolition,
conversion, occupancy and use all buildings or structures referred
to in this chapter and located in the Village.
[Amended 4-17-2001 by Ord. No. 565]
See Zoning Code for minimum building requirements.
Except as otherwise provided, any person found to be in violation of any provision of this chapter or any rule or regulation promulgated hereunder shall be subject to a penalty as provided in §
1-19 of this Code.
[Added by Ord. No. 466; amended by Ord. No. 501; 1-5-1999 by Ord. No. 527; 4-17-2001 by Ord. No. 565; 12-4-2001 by Ord. No. 577; 6-17-2003 by Ord. No.
595; 1-20-2004 by Ord. No. 610; 8-16-2005 by Ord. No. 636; 1-15-2008 by Ord. No. 675; 10-18-2011 by Ord. No. 720; 6-24-2014 by Ord. No.
748]
The fees for permits required by this chapter shall be as set
by resolution of the Village Board.
[Added 6-17-2003 by Ord. No. 595]
A. Permit required. No person shall move any building
into, within or from the Village without first obtaining a moving
permit from the Public Works Director or the Director's designee,
as provided herein.
B. Application for moving permit. Application for a moving
permit shall be in writing upon a form furnished by the Public Works
Director. An application shall provide the following:
(1) The name and address of the owner of the building
to be moved.
(2) Character and size of the building to be moved.
(3) Pictures of the building to be moved.
(4) The present location of the building to be moved.
(5) Reason for the move and the use, purpose and occupancy
of the building to be moved.
(6) Proposed route of travel.
(7) The date by which the move will be completed and the
building will be ready for occupancy if moved into or within the Village.
(8) The name of the municipality to which the building
is to be moved if moving outside the Village.
(9) The legal description of the proposed premises to
which the building is to be moved if within the Village.
(10) Proof of permission to locate the building on such
premises if within the Village.
(11) A plat of survey showing the proposed location of
the building on such premises if within the Village.
(12) The zoning district in which the building is to be
located if within the Village.
(13) Proof of compliance with any other local, state or
federal laws, ordinances or rules applicable to the moving of the
building.
C. Plan commission review and determination.
(1) Prior to the issuance of a moving permit, the Plan
Commission shall review the moving permit application regarding the
site to which the building is to be moved. Notice of the meeting at
which the application will be reviewed shall be mailed to the last
known address of the owners of property within 250 feet of the proposed
site. The Plan Commission shall determine the following:
(a) Whether the architecture and condition of the building
proposed to be moved is compatible with the neighborhood of the proposed
site in relation to the building's affect on values incident to ownership
of land in that area; if not compatible, the application for a permit
shall be denied.
(b) The amount of the bond to be posted pursuant to §
72-9D.
(c) Such other requirements necessary to make such building
comply with the general welfare, beauty and harmony of the neighborhood.
(2) The determination of the Plan Commission shall be
set forth in writing and shall become a part of the moving permit,
if issued.
(3) Approval by Plan Commission shall not constitute approval
by other entities with regulatory powers over such activities.
D. Bond and insurance. Before a moving permit may be
issued, the applicant shall give a bond, certified check, cashier's
check or money order to the Village in an amount not less than $500
or 10% of the assessed value of the building to be moved, whichever
is greater. In addition to the bond indicated above, the applicant
shall furnish written proof of public liability insurance in an amount
not less than $1,000,000, together with property damage insurance
in a sum not less than $100,000, or such other coverage as deemed
necessary by the Village.
E. Permit issuance.
(1) The Public Works Director or designee may issue a
moving permit only after being provided with all of the following:
(a) Written confirmation of Plan Commission approval pursuant to §
72-9C.
(b) Written confirmation of Architectural Control Board
approval required by Village ordinances.
(c) A completed building permit application if the building
is moved into or within the Village.
(d) A bond and insurance pursuant to §
72-9D.
(e) Written proof of payment of the permit fee.
(f) Written proof of all other required permits.
(2) The moving permit is valid for 90 days from the date
of issuance.
F. Failure to complete. If the building move is not completed
within 90 days of permit issuance or if the building is to be located
within the Village and the building is not ready for occupancy within
90 days of issuance of the permit, the Village may, at its option,
pursue any remedy available at law or equity, including but not limited
to action for specific performance, action to abate a public nuisance,
action to enforce any applicable Village ordinances and action for
forfeiture. If the bond amount is insufficient to pay the costs incurred
by the Village in pursuing any available remedy, the owner shall be
responsible for the Village's costs incurred in excess of the bond
amount, including but not limited to attorneys fees, costs of completion
of the project and costs of removing or razing the building.
G. Site restoration. If a building is moved from a site
within the Village, the owner shall submit a site restoration plan
to the Public Works Director for review and approval. The foundation
and all laterals must be removed within 90 days after the building
is moved, and laterals shall be capped according to Village requirements.
H. Permit fee. The owner shall pay a moving permit fee as set forth in §
72-8 of this chapter.
[Added 10-18-2011 by Ord. No. 720]
A. Purpose. The purpose of this chapter is to provide for compliance
with § 70.32(1), Wis. Stats., which requires that all properties
that are issued building permits within the Village are field reviewed,
described, and valued by "actual view." Each building permit requires
assessment personnel to initially process existing records or create
new records, physically review, on site, the purpose of each building
permit to document all property description additions and/or alterations,
and process the information gathered in the field to determine an
assessed value.
B. Definitions. As used in this section, the following terms shall have
the meanings indicated:
COMMERICAL OR INDUSTRIAL BUILDING
A building or structure that houses a business or industrial
use, enterprise, or activity at a greater scale than home occupation
or involving the manufacturing of, distribution of, retail or wholesale
marketing of, goods or services.
DWELLING UNIT
A single unit providing complete, independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, cooking, and sanitation.
MULTIFAMILY RESIDENTIAL BUILDING
A single building or structure containing more than one dwelling
unit under single ownership and in which the owner rents or leases
the right to occupy any of the dwelling units to a tenant(s).
RESIDENTIAL
Used by occupants as a home, abode, domicile, or dwelling
that has housekeeping and cooking facilities for the occupants only.
A residential property may have multiple dwelling units.
RESIDENTIAL CONDOMINIUM
A multiple dwelling or development containing individually
owned dwelling units and jointly owned and shared areas and facilities.
C. Required property record maintenance fees. Every person receiving
an approved building permit from the Village where the Village Assessor
is required to physically view on site any descriptive change in an
effort to maintain the property record shall pay a property maintenance
fee as set by resolution of the Village Board.
[Amended 6-24-2014 by Ord. No. 748]
[Added 11-4-2020 by Ord.
No. 805]
A. Purpose. The purpose of this section is to regulate the demolition
or razing of vacated buildings and structures. The Village finds that
such demolition may result in the complete abandonment of property
and reduce the chance that such property will in the future be devoted
to any productive or enjoyable private or public use, and therefore
cause conditions which will create health and public safety hazards
and aggravate blight, interfere with the enjoyment of and reduce the
value of private property, and interfere with the safety and welfare
of the public.
B. Demolition permit required. No person, firm or entity may cause the
demolition of any structure or part of a structure, or undertake any
steps to demolish such structure, without having first applied for
and obtained a demolition permit from the Building Inspector as provided
for in this section. A demolition permit is valid for 90 days from
issuance, except that the Building Inspector may grant one thirty-day
extension for cause.
C. Application for permit. An application for a demolition permit shall
include the following information:
(1) The address of the structure to be demolished;
(2) The name, address and phone number of the owner of the structure
on the date of application and, if different, on the date of commencement
of demolition;
(3) The name, address and phone number of the contractor(s) performing
the demolition work;
(4) A projected schedule that provides for carrying out all work as expeditiously
as possible, including the dates on which demolition work is to commence
and be completed;
(5) Site plans showing features to be removed or retained, including
existing and proposed landscaping, utilities, and site restoration.
The site plan must also show fencing and other safety measures to
be utilized and work staging areas;
(6) A list of all hazardous waste and hazardous and toxic substances
(as defined by Ch. NR 706, Wis. Adm. Code, as amended) contained in
the structure, a statement as to whether the structure contains lead
or asbestos (as defined by Ch. NR 445, Wis. Adm. Code, as amended),
and a detailed description of the method to be used in removing, transporting
and disposing of any hazardous waste, hazardous and toxic substances,
lead and asbestos;
(7) A detailed description of how and where materials resulting from
the demolition will be transported and disposed of (including a description
of the route to be used by trucks in hauling the materials);
(8) A description of the method of demolition to be used;
(9) A plan to control water runoff and soil erosion from the site to
neighboring properties;
(10)
A plan for controlling dust and debris not covered by the water
runoff and soil erosion control plan;
(11)
Irrevocable permission for the Building Inspector or other Village
personnel to enter onto the property subject to the permit during
the time the permit is under application or in effect to conduct such
inspections as are necessary.
D. Irrevocable standby letter of credit. As a condition of issuance
of the permit, the permit holder shall provide to the Village and
maintain in effect an irrevocable standby letter of credit naming
the Village as beneficiary, in an amount required by the Plan Commission
and in a form approved by the Village Attorney. The irrevocable standby
letter of credit shall be the guarantee of performance by the permit
holder. The irrevocable standby letter of credit must be issued by
a financial institution certified by the state to conduct such business
within the State of Wisconsin, allowing for direct draw by the Village
upon presentment to the issuing bank, without court action and without
approval by the permit holder, to complete work or to repair damage
that was the obligation of the permit holder. The irrevocable standby
letter of credit must contain as part of its provisions that it will
be maintained constantly in force as an obligation to the Village
for no less than one year after project completion as reasonably determined
by the Plan Commission or one year after the expiration of a permit
issued under this section to the permit holder, whichever is later.
In considering the required amount of the irrevocable standby letter
of credit, the Plan Commission shall consider the recommendation of
Village staff; the expertise of the applicant; the longevity of the
applicant; the capitalization of the applicant; the scope of the proposed
project; the cost of rectifying the possible environmental hazards
that could be created; the effect of the proposed operation on the
surrounding neighborhood; and the cost of remediation of the Village
should the Village have to address any matter due to the unwillingness
or inability of the permit holder to fulfill its obligations. The
Plan Commission may annually, upon documented request of the permit
holder, review the pertinent facts and decide to reduce the amount
of the required letter of credit in accordance with work completed
or threats mitigated. In the event that the Plan Commission determines
that the requirements to obtain an irrevocable standby letter of credit
are unreasonable, the Plan Commission may, in the exercise of its
discretion, authorize one or more alternate forms of security in lieu
of an irrevocable standby letter of credit.
E. Insurance. As a condition of the permit, a permit holder shall maintain
insurance policies during the life of the permit in the following
minimum amounts, which policies shall name the Village as additional
insured and provide coverage for work performed on the property or
associated with the work under the permit, and shall provide certificates
issued by the carriers as proof of all required coverages:
(1) Commercial general liability: $2,000,000.
(2) Automobile liability (owned, nonowned, leased):
(a)
Bodily injury: $1,000,000 each occurrence.
(b)
Property damage: $1,000,000 each occurrence.
(3) Pollution legal liability: $5,000,000 each loss where risk is presented
of exacerbation of existing environmental pollution or discharge of
any hazardous waste to the environment or asbestos removal abatement,
remediation, or dumping/disposal in a federal- or state-regulated
facility is required; the Village may require a greater or lesser
minimum amount of pollution legal liability insurance policy, depending
on the circumstances of the project that is the subject of the permit.
(4) Workers' compensation: statutory limits.
(5) Umbrella liability: $2,000,000 over the primary insurance coverages
listed above.
F. Inspection prior to demolition. In performing any inspection in connection
with the demolition of a structure, the Building Inspector shall confirm
that the following work is done, that the work is done by permit (if
required), and that the work is done to the satisfaction of the Public
Works Superintendent or appropriate utility superintendent:
(1) Water service shall be disconnected at the main, unless the service
will be reused and is in good condition, and Village personnel shall
perform a final meter reading and remove the water meter;
(2) Sewer laterals shall be capped at the main, unless the lateral will
be reused and is in good condition;
(3) Sites shall be marked by Digger's Hotline, and the work plan
shall give due consideration to conditions determined by Digger's
Hotline;
(4) Private utilities shall be disconnected, including, but not limited
to, electric, gas, and telephone;
(5) Procedures and requirements of the Wisconsin Administrative Code
regarding asbestos shall be followed and a copy of the survey report
and DNR approval provided;
(6) Properties shall be checked for, and materials shall be removed as
required by, the DNR's Pre-Demolition Environmental Checklist,
as amended from time to time;
(7) An erosion control plan shall be in place that includes provisions
for addressing airborne dust and debris;
(8) Fencing and other site safety measures as prescribed by the Building
Inspector shall be in place.
G. Inspection after demolition and prior to backfilling. In removing
a structure's foundation in connection with the demolition of
a structure, the Building Inspector shall confirm that the following
work is done:
(1) For the demolition of a residential structure, all underground installations,
including walls, foundations, footings and basement floors, were removed.
All existing slabs at the grade used in connection with the structures
being demolished were removed. Notwithstanding the foregoing, finely
broken material of not larger than 1/2 square foot on any side may
be utilized for fill to the extent not otherwise prohibited by law;
and
(2) For the demolition of a nonresidential structure, all underground
installations, including foundations, footings, basement floors, grade
beams, walls, piers, caissons, and piles, shall be removed to a depth
of two feet below the lowest usable level of the structure being demolished.
If underground installations remain below two feet below the lowest
usable level of the structure being demolished, the Building Inspector
shall confirm that a certified site plan identifying the location
of such underground installations was filed with the Building Inspector.
H. Inspection following backfilling and site restoration. After backfilling
and site restoration are completed with respect to the demolition
of a structure, the Building Inspector shall confirm the following:
(1) Temporary fencing, safety, erosion and dust control, and other pertinent
measures shall be taken as directed by the Building Inspector if the
site is to be backfilled or built upon with a new substantial structure
within 10 days;
(2) The site shall be completely secured by an approved fence and such
other safety, erosion and dust control, and other pertinent measures
shall be taken as prescribed by the Building Inspector if the site
is to be backfilled or built upon with a new substantial structure
within 11 to 30 days;
(3) The site shall be backfilled and graded to match and accommodate
the surroundings and promote good drainage within the property to
preclude blockage of existing drainage from other parcels and preclude
the discharge of drainage from the site onto adjacent parcels. The
site shall be sodded or seeded and strawed, or otherwise landscaped,
to be compatible with the neighborhood if the site is not to built
upon within 30 days.
I. General conditions for demolition projects. The following general
conditions are applicable to all demolition projects:
(1) All work must be conducted in a manner that protects life and property,
including neighboring parcels and public property. The demolition
contractor(s) shall provide and maintain barricades, lights, fencing,
flagmen, watchmen, and such other facilities or personnel as may be
necessary and prescribed by the Building Inspector;
(2) Approved fencing shall be strong and secure, a minimum of six feet
high, completely surrounding the work area, and of a design and construction
so that there is no opening larger than a six-inch sphere from the
ground to the top of the fence. If there is a locked gate, provision
must be made so the Building Inspector and other Village personnel
have access at all times;
(3) Existing trees, shrubs and grass areas that do not have to be disturbed
must be preserved, including replacement if damaged in conjunction
with demolition work;
(4) All dry mortar, lime, brick dust, or other flying material, before
and during removal, must be dampened sufficiently to prevent it from
floating or being blown into the street or on adjoining property,
and all sidewalks must be protected by fences and scaffolds to the
satisfaction of the Building Inspector;
(5) The owner and/or contractor is responsible for cleaning and repairing
streets, curbs, driveways, sidewalks, and alleys that are damaged
or soiled, or upon which materials were deposited as a result of any
demolition activity, to the satisfaction of the Building Inspector;
(6) Waste material and rubbish may not be stored or allowed to accumulate
within the structure or in the immediate vicinity, but shall be removed
from the property as rapidly as practicable. All materials must be
removed from the premises in a safe manner and in compliance with
all ordinances, statutes and regulations;
(7) Burning and/or brick cleaning are not permitted on the work site;
(8) No decomposable material or material that contains debris may be
used as fill;
(9) The owner is responsible for the successful germination of seed and
ongoing condition of the site until vegetation is reestablished, including
dust control and erosion control;
(10)
The contractor shall furnish and maintain ample sanitary facilities
for workers;
(11)
All wells, underground storage tanks, septic tanks, and other
subterranean structures must be abandoned or removed in accordance
with this section and applicable local, state and federal law;
(12)
No material may be stored in the public right-of-way without
approval of the Public Works Superintendent;
(13)
The site shall be restored and backfilled, or construction of
a new permitted structure commenced, within 30 days of completion
of demolition;
(14)
Upon failure of the owner to comply with this section, the Building
Inspector may enter upon the property with such assistance as may
be necessary, causing the existing conditions to be corrected and
the cost thereof charged against the property; the lien thereon will
be collected as a special charge.
J. Permit fee. At the time the application for a demolition permit is
filed, the applicant shall pay the fee established by resolution of
the Village Board.
[Added 11-4-2020 by Ord.
No. 805]
A. Purpose. The purpose of this section is to regulate the removal of
salvageable materials from vacated buildings, not otherwise occurring
as part of an approved demolition plan or for the purposes of remodeling,
for any purpose other than personal reuse by the property owner or
personal reuse or required removal by a tenant of the property from
which it was removed, without immediate functional replacement thereof.
B. Definitions. As used in this section, the following terms shall have
the meanings indicated:
OPERATOR
Any person, corporation or other business entity or holder
of a security interest that undertakes the removal of salvageable
material from a vacated building within the jurisdictional limits
of the Village or which directs or allows such removal.
SALVAGEABLE MATERIAL
Real or tangible personal property that is man-made; is affixed
to real property or any improvement to real property; is detachable
from real property or any improvement to real property; and is removed
for potential or intended reuse, repurposing or scrap. Such materials
shall include any such materials that were detached from real property
or any improvement to real property without a permit after the effective
date of this section.
VACATED BUILDING
A building or structure, or portion of a building or structure,
that had a principal nonresidential use as its most recent use allowed
by law, which principal use has ceased. The cessation of the primary
activities constituting the principal use shall be determinative of
whether the principal use had ceased. The presence of personnel in
the building or structure is not determinative of whether the use
has ceased.
C. Exclusions. This section does not apply to the following:
(1) Salvaging operations at structures where its most recent allowable
use by law was residential;
(2) Salvaging operations at nonresidential structures under 400 square
feet;
(3) Items/materials removed where replacement will occur as part of a
remodeling process over time pursuant to a valid and subsisting building,
heating, plumbing, or electrical permit;
(4) Salvaging operations that occur as part of an approved demolition
plan, pursuant to a valid demolition permit, in which the permit holder
is obligated to complete said demolition within a specified time frame;
(5) Equipment, items, or supplies removed by the property owner for personal
reuse; and
(6) Equipment, items or supplies owned and removed by the tenant during
the term of a written lease.
D. Partial exemption. A partial exemption is allowed under this section
for items and materials removed for the sole purpose of historical
or cultural preservation. A request for exemption shall be filed with
the Building Inspector on forms provided by the Village. The request
for exemption shall include documentation of historical or cultural
significance acceptable to the Building Inspector, which may include
written request for preservation by a historical society or equivalent.
E. Permit. No person, corporation or other business entity or holder
of a security interest may remove, direct the removal of, or allow
to be removed any salvageable material from a vacated building unless
such removal is performed pursuant to a permit issued by the Building
Inspector to the applicant pursuant to this section. The property
owner and permit holder shall be jointly responsible for complying
with any permit issued pursuant to this section.
F. Permit application.
(1) The applicant may be the owner of the real estate, or a contractor
hired by the owner, tenant or the holder of a security interest in
the property, vacated building or structure, or the salvageable material.
Under all circumstances, the applicant, if other than the owner, shall
be jointly and severally responsible for compliance with the terms
of this section.
(2) Application for a permit, whether initial or renewal, shall be filed
with the Building Inspector on forms provided by the Village. The
application shall include:
(a)
Location and square footage of occupiable space in the building(s).
(b)
Name, address and contact information of the owner of the building(s).
(c)
Names, addresses and contact information for contractors engaged
to carry out the activity.
(d)
Plan for removal of salvageable material, including the following
details:
[1]
Project schedule and budget.
[2]
Inventory and projected quantities (by weight or volume) of
materials to be removed from the building for salvage purposes.
[3]
Proposed disposition of salvageable materials.
[4]
Dust, noise and odor control.
[7]
Traffic safety and public infrastructure protection.
[9]
Building and grounds management and restoration.
[10]
Proposed post-salvage property ownership and use, if known.
(e)
Plan for removal of hazardous wastes/materials.
[1]
Hazardous materials inventory, including raw materials, waste
materials, asbestos-containing materials, and (with respect to any
portion of the building, structure or salvageable material to be altered
in the course of the work) an inventory of lead-painted surfaces and
PCB-containing materials.
[2]
Hazardous materials handling, management and disposal prior
to salvaging.
[3]
Proposed environmental monitoring or remediation.
(f)
Plan for disposal of waste, including proposed disposition.
(g)
Proof of required demolition/renovation notifications to the
appropriate state regulatory agencies.
(h)
Such other information as may be required by the Building Inspector.
(i)
A permit fee must accompany the application. Permit fees shall
be as established by resolution of the Village Board.
G. Permit approval. Permit applications for a vacated building shall be reviewed by the Building Inspector and decided upon by the Village Plan Commission. The Building Inspector shall make a recommendation to the Plan Commission, who shall consider the following matters in granting the permit: the recommendation of the Building Inspector; the amount of the irrevocable standby letter of credit to be required of the permit holder as a condition of issuance of the permit and as a requirement of operation; the justification for drawing against and content of the presentment required to draw against the irrevocable standby letter of credit; reasonable special operating requirements to be required of the permit holder in addition to those listed in Subsection
J herein; the expertise of the applicant; the effect of the proposed operation on the surrounding neighborhood; the effect on the community of having a stripped structure remain; and such other matters germane to the decision. The Plan Commission shall consider the permit application only after receiving the recommendation of the Building Inspector and Village staff.
H. Irrevocable standby letter of credit. As a condition of issuance
of the permit, the permit holder shall provide to the Village and
maintain in effect an irrevocable standby letter of credit naming
the Village as beneficiary, in an amount required by the Plan Commission
and in a form approved by the Village Attorney. The irrevocable standby
letter of credit shall be the guarantee of performance by the permit
holder. The irrevocable standby letter of credit must be issued by
a financial institution certified by the state to conduct such business
within the State of Wisconsin, allowing for direct draw by the Village
upon presentment to the issuing bank, without court action and without
approval by permit holder, to complete work or to repair damage that
was the obligation of the permit holder. The irrevocable standby letter
of credit must contain as part of its provisions that it will be maintained
constantly in force as an obligation to the Village for no less than
one year after project completion as reasonably determined by the
Plan Commission or one year after the expiration of a permit issued
under this section to the permit holder, whichever is later. In considering
the required amount of the irrevocable standby letter of credit, the
Plan Commission shall consider the recommendation of Village staff;
the expertise of the applicant; the longevity of the applicant; the
capitalization of the applicant; the scope of the proposed project;
the cost of rectifying the possible environmental hazards that could
be created; the effect of the proposed operation on the surrounding
neighborhood; and the cost of remediation of the Village should the
Village have to address any matter due to the unwillingness or inability
of the permit holder to fulfill its obligations. The Plan Commission
may annually, upon documented request of the permit holder, review
the pertinent facts and decide to reduce the amount of the required
letter of credit in accordance with work completed or threats mitigated.
In the event that the Plan Commission determines that the requirements
to obtain an irrevocable standby letter of credit are unreasonable,
the Plan Commission may, in the exercise of its discretion, authorize
one or more alternate forms of security in lieu of an irrevocable
standby letter of credit.
I. Permit term. The initial term of any permit issued under this section
shall be 90 days from the date of issue. There is no right of permit
renewal, but the permit may be renewed at the discretion of the Plan
Commission upon application of a permit holder filed with the Village
Clerk prior to expiration of the initial term or any renewal term.
Each renewal may be granted for up to 90 days.
J. General operating requirements. The following general operating requirements
shall apply to the permit holder and those working for the permit
holder subject to terms of the permit in accordance with the provisions
of this section:
(1) The permit issued pursuant to this section shall be plainly displayed
on the premises upon which the building is located.
(2) The building and premises shall, at all times, be maintained in as
clean, neat and sanitary of a condition as such premises will reasonably
permit.
(3) No garbage, refuse or other waste likely or susceptible to give off
a foul odor or attract vermin shall be kept on the premises, except
for domestic garbage kept in rodentproof covered containers which
are removed from the premises as often as necessary to provide a sanitary,
odor-free and vermin-free environment.
(4) Work done under this permit shall be performed in accordance with
the permit and is subject to inspection by the Building Inspector
and other inspectors as provided in this section. Any violation of
the permit shall be deemed a violation of this section.
(5) As a condition of the permit, a permit holder shall maintain insurance
policies during the life of the permit in the following minimum amounts,
which policies shall name the Village as additional insured and provide
coverage for work performed on the property or associated with the
work under the permit, and shall provide certificates issued by the
carriers as proof of all required coverages:
(a)
Commercial general liability: $2,000,000.
(b)
Automobile liability (owned, nonowned, leased). Combined single
limit: $2,000,000.
(c)
Pollution legal liability: $1,000,000 each loss where risk is
presented of exacerbation of existing environmental pollution or discharge
of any hazardous waste to the environment or asbestos removal, abatement,
remediation, or dumping/disposal in a federal- or state-regulated
facility is required; the Village may require a greater or lesser
minimum amount of pollution legal liability insurance policy, depending
on the circumstances of the project that is the subject of the permit.
(d)
Workers' compensation: statutory limits.
(e)
Umbrella liability: $2,000,000 over the primary insurance coverages
listed above.
(6) The permit holder shall also ensure that subcontractors have appropriate
insurance as determined by the Plan Commission. This may include coverage
under the permit holder's policy, individual coverage, or a combination
thereof. The Plan Commission may also require subcontractors to obtain
separate permits pursuant to this section based on the type of proposed
activities or extent or complexity of the salvaging activities proposed.
(7) No scrap, salvage or debris which is temporarily stored on the premises
shall be allowed to rest or protrude over any public rights-of-way
or public property or become scattered about or blown off the premises.
(8) No mechanized process whatsoever shall be utilized on premises to
reduce the volume of salvageable material or debris after such salvageable
material has been detached from the real property unless a special
exception is provided by the Plan Commission in conjunction with a
specific permit. Such prohibited mechanized processes include, but
are not limited to, crushing and shredding.
(9) There shall be strict compliance with Village ordinances related
to noise control and dust and erosion control.
(10)
No premises or building subject to a permit shall be allowed
to become a public nuisance or be operated in such a manner as to
adversely affect the public safety, health, or welfare.
(11)
There shall be full compliance with all other Village, county,
state and federal laws, rules or regulations which may be applicable.
(12)
The permit holder shall, during the salvage process, maintain
the work site in a safe and secure condition.
(13)
The permit holder shall promptly notify the Building Inspector
of the identity, function and insurance coverage of any new contractor,
subcontractor or other person or entity not specifically identified
in the permit that is conducting operations at the property related
to removal of salvageable material.
(14)
The permit holder shall identify, handle, manage, store, and
dispose of all wastes, lead, asbestos, waste oils, hazardous materials
and hazardous substances as provided in the approved permit plan and
as otherwise directed by the Village should changing conditions require
additional work or precautions to protect the public safety, health
or welfare or comply with any other applicable ordinance, law or regulation.
(15)
The permit holder shall dispose of building debris in a licensed
landfill, except for salvaged and recycled materials.
(16)
At any time, the permit holder shall produce to the Building
Inspector documentation that disposition of materials occurred in
compliance with the approved permit and disposition plans.
(17)
The permit holder shall be responsible for disconnections of
utilities, including plumbing and electrical, necessary for safe conduct
of the salvaging process and shall provide evidence that the necessary
disconnections have been accomplished.
(18)
The permit holder shall restore the site and/or vacated building
to the conditions set forth in the approved permit.
(19)
The permit holder shall comply with all orders the Plan Commission
imposed upon granting of the permit or at any other time.
(20)
The irrevocable standby letter of credit imposed as a condition
of issuance of the permit shall be maintained in full force and effect
at all times required by this section.
K. Inspections. Permit holders and property owners shall allow authorized
inspection by representatives of any department of the Village and
authorized representatives of the State of Wisconsin having enforcement
powers to inspect the premises subject to the permit, with or without
advance notice, as often as may be required to allow the representatives
to perform their duties and assure compliance with this section as
well as state and federal laws, without first obtaining a special
inspection warrant. Inspections shall be made during normal hours
of business operation except when the presence of emergency circumstances
requires prompt action to protect the public health, safety, and welfare
or to preserve evidence of noncompliance with this section or state
or federal laws. The unreasonable failure to allow inspections shall
be grounds for denial, suspension or revocation of the permit.
L. Cessation order. If, in the opinion of the Building Inspector, the
public is subject to imminent danger due to violation of any one or
combination of more than one of the general operating requirements,
the Building Inspector shall issue an order to the violator or the
permit holder requiring immediate cessation of those operations giving
rise to the imminent danger. The recipient of any such order shall
cause such operations to cease as directed by the Building Inspector.
Failure to maintain insurance or a letter of credit as required, or
to permit inspection as required, are each per se violations implicating
imminent danger to the public necessitating an order to cease all
operations. In the event an order to the permit holder requiring immediate
cessation is issued by the Building Inspector, such order may be appealed
to the Plan Commission. The permit holder may submit an appeal, in
writing, to the Village Clerk, setting forth the basis for the appeal.
The Plan Commission shall hold a hearing on the appeal and provide
notice of the hearing to the appellant at least 10 days prior to the
hearing. The Plan Commission, after hearing from the Building Inspector,
the permit holder, and the public, shall affirm the order, reverse
the order, or modify the order.
M. Nonrenewal, suspension, or revocation hearings. There is no right or expectation of permit renewal. The permit may be renewed at the discretion of the Plan Commission upon application of a permit holder as described in Subsection
I. Nonrenewal, suspension, and revocation appeal hearings shall be held before the Plan Commission, which shall submit a report to the Village Board, including findings of fact, conclusions of law, and a recommendation as to what action, if any, the Village Board should take with respect to the permit. The Plan Commission shall provide the Building Inspector and the permit holder with a copy of the report. Either the Building Inspector or permit holder may make an objection, orally or in writing, to the report and shall have the opportunity to present arguments supporting the objection to the Village Board. The Village Board shall determine whether the arguments shall be presented orally or in writing, or both. If the Village Board, after considering the Plan Commission's report and any arguments presented by the Building Inspector and permit holder, finds the complaint to be true, or if there is no objection to a report recommending a suspension, revocation or nonrenewal, the permit shall be suspended, revoked or not renewed as provided by law. If the Village Board finds the complaint untrue, the proceedings shall be dismissed without cost to the accused. The Village Clerk shall give notice of each suspension, revocation or nonrenewal to the party whose permit is affected.
N. Violations and liability.
(1) It shall be a violation of this section to perform, conduct, direct
or allow removal of salvageable material except in conformance with
a valid permit issued pursuant to this section.
(2) It shall be a violation of this section to disobey or act contrary
to any order issued pursuant to this section.
(3) The property owner and permit holder shall be jointly and severally
liable for any violation of this section and any violation of any
condition of a permit pursuant to this section, whether caused by
act or omission, including applicable fines and penalties, together
with the Village's costs of enforcement, including attorneys'
fees.
(4) Any operator involved in the violation of this section shall be found
to have committed a separate violation for which it shall be fully
liable, including applicable fines and penalties, together with the
Village's costs of enforcement, including attorneys' fees.
O. Enforcement. The Building Inspector shall have the primary responsibility
to enforce this section. Any violation of this section constitutes
a public nuisance and, in addition to any other remedies provided
or allowed, the Village may apply to a court of competent jurisdiction
for injunctive relief and the assessment of damages, including attorney's
fees and costs.
[Added 11-4-2020 by Ord.
No. 805]
A. General provision. In addition to any other fees to be paid in conjunction with the filing of an application for a permit under §
72-11 or
72-12, the person, firm or entity applying for such permit shall compensate the Village for all costs and expenses the Village incurs in consideration of the application and for inspections and oversight related to such permit. The obligation to compensate the Village for its costs and expenses shall also extend to presubmission discussions with the Village or its representatives which precede a permit application.
B. Applicant certification. Before the Village shall incur any costs
or expenses as described herein, the permit applicant shall sign an
acknowledgment on a form provided by the Village Clerk stating the
applicant's responsibility for Village costs and expenses directly
or indirectly related to the application and to inspections and oversight
related to the permit.
C. Costs recoverable. All costs and expenses incurred by the Village in consideration of a permit application and for inspections or oversight related to the permit under §
72-11 or
72-12 shall be recoverable, including, without limitation by enumeration, the following:
(1) All fees for services of professionals and technical consultants
retained by the Village and rendered in review of the application,
including, but not limited to, Village Engineer, Village Attorney,
Building Inspector, or other professionals or experts;
(8) Any other cost or expense incurred by the Village.
D. Billing. The Village Treasurer shall, on a monthly basis, bill all costs and expenses pursuant to this section to the permit applicant, which costs and expenses shall be paid within 30 days of receipt of the Village's billing. Notwithstanding anything in this chapter to the contrary, payment in full of all recoverable costs and expenses shall be a precondition to the final approval of any permit application and to release of any letter of credit or other security under §
72-11 or
72-12.
E. Enforcement. In addition to any other provision for enforcement contained
in this Code, in the event the Village is not paid for billed recoverable
costs and expenses as provided for herein, the Village shall be entitled
to recover all actual attorney fees, litigation expenses and related
costs incurred in the prosecution of a violation of this section,
regardless of whether the Village prevails in such prosecution or
whether an action is filed.