[HISTORY: Adopted by the Common Council of
the City of Waterloo 10-19-1987 by Ord. No. 87-6 as Ch. 14 of the 1987
Code; amended in its entirety 12-15-2016 by Ord. No. 2016-06. Susequent amendments
noted where applicable.]
GENERAL REFERENCES
Moving of buildings — See Ch. 144.
Numbering of buildings — See Ch. 148.
Driveways and culverts — See Ch. 184.
Electrical standards — See Ch. 193.
Fire prevention — See Ch. 200.
Minimum Housing Code — See. Ch. 219.
Plumbing — See Ch. 283.
Utilities — See Ch. 340.
Floodplain zoning — See Ch. 375.
Subdivision of land — See Ch. 380.
Zoning — See Ch. 385.
This chapter shall be known as the "Building Code of the City
of Waterloo" and shall be referred to in this chapter as "this code."
This code provides certain minimum standards, provisions and
requirements for safe and stable design, methods of construction and
uses of materials in buildings 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.
New buildings hereafter erected in, or any building hereafter
moved within or into, the City shall conform to all the requirements
of this code 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,
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 code whenever it is used
for dwelling, commercial or industrial purposes unless it was being
used for such purpose at the time this code was enacted. The provisions
of this code supplement the laws of the State of Wisconsin pertaining
to construction and use and the Zoning Code of the City and amendments
thereto to the date this chapter was adopted and in no way supersede
or nullify such laws and said Zoning Code.[1]
A.
No owner or contractor may commence construction of any building
or mechanical system prior to obtaining a valid permit from the municipal
Building Inspector.
(1)
The construction which shall require building permit includes, but
is not limited to:
(a)
New buildings including agricultural buildings, detached structures
(decks) and detached accessory buildings.
(b)
Additions that increase the physical dimensions of the building
including decks.
(c)
Alterations to the building structure, cost shall include market
labor, or alterations to the building's heating, electrical or plumbing
systems.
(d)
Replacement of major building equipment including furnaces and central air conditioners, water heaters and any other major piece of equipment shall require a permit except as noted in Subsection A(2) below.
(e)
Any electrical wiring for new construction or remodeling.
(f)
Any HVAC for new construction or remodeling.
(g)
Any plumbing for new construction or remodeling.
(h)
Any new or rewired electrical service, including services for
agricultural buildings.
(2)
The following construction activities shall not require a building
permit:
(a)
Re-siding, re-roofing and finishing of interior surfaces, installation
of cabinetry, and repairs which are deemed minor by the Building Inspector.
Notwithstanding this section, however, a permit accompanied by structural
load-bearing calculations may be requested by the property owner for
re-roofing a building if the proposed re-roofing would constitute
a third or more layer of roofing.
B.
Application. Application for a building permit shall be made in writing
upon a form furnished by the Building Inspector, which may be obtained
at the office of the Clerk-Treasurer's office.
C.
Utilities required. No occupancy permit shall be issued for the construction of any residential building until sewer is installed and grading and graveling of the street necessary to service the property for which the permit is required is completed. See Chapter 385, Zoning, of this Code.
D.
Plans. With each application there shall be submitted three complete
sets 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 Safety and Professional Services, if necessary.
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, Wis. Adm.
Code.
E.
Plat of survey required.
(1)
A plat of survey prepared by a registered land surveyor shall be
submitted to the Building Inspector showing the location, boundaries,
dimensions, elevations, uses and size of the following:
(2)
In addition, the plat of survey shall show the location, elevation
and use of any abutting lands and their structures within 60 feet
of the subject site. The Building Inspector may waive any portion
or all of the requirements of this subsection.
F.
Approval of plans. If the Building Inspector determines that the
building will comply in every respect with all ordinances and orders
of the City 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 submittal
and approval of revised plans. 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. The finished
grade adjacent to all new construction shall be at least one foot
above the finished or proposed grade of the center line of the adjacent
street.
G.
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.
H.
Grant or denial of permit. After the receipt of an application and
plans required by this section, the Building Inspector shall grant
or deny the application within 10 business days.
I.
Minor repairs and alterations. The Building Inspector may authorize
minor repairs or alterations which do not change the occupancy area,
structural strength, fire protection, exits, light or ventilation
of the building without requiring a building permit to be issued.
J.
Permit lapses. A building permit shall lapse and be void unless building
operations are commenced within six months, or no significant progress
has been made within two construction seasons, from the date of issuance
thereof. In any event, all permits shall lapse two years from the
date of issuance.
K.
Revocation. If the Building, Plumbing or Electrical 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, he shall revoke the building, electrical or
plumbing permit by written notice posted at the site of the work.
When any such permit is revoked, it shall be unlawful to do any further
work thereunder until the permit is reissued, except such work as
the Building, Electrical or Plumbing Inspector may order to be done
as a condition precedent to the reissuance of the permit or as he
may require for the preservation of human life and safety.
The following chapters of the Wisconsin Administrative Code,
as well as all subsequent revisions, are adopted by the City of Waterloo
and shall be enforced by the Building Inspector:
|
Ch. SPS 302.31
|
Plan Review Fee Schedule
|
|
Ch. SPS 305
|
Credentials
|
|
Ch. SPS 316
|
Electrical Code
|
|
Chs. SPS 320-325
|
Uniform Dwelling Code
|
|
Chs. SPS 361-366
|
Commercial Building Code
|
|
Chs. SPS 375-379
|
Buildings Constructed Prior To 1914
|
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Chs. SPS 381-387
|
Uniform Plumbing Code
|
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Ch. ATCP 93
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Flammable and Combustible Liquids Code
|
A.
Delegated municipality. The City has adopted the delegated municipality
status as described in § SPS 361.61 of the Wisconsin Administrative
Code.
(1)
Responsibilities. The City shall assume the following responsibilities
for the Department of Safety and Professional Services (Department):
(2)
Plan examinations. 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, an addition to a building structure,
or alteration.
(3)
Waive jurisdiction. A delegated 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 of Safety and Professional Services for
review and approval.
B.
Qualifications.
(1)
The Building Inspector shall have the necessary qualifications required
by the State of Wisconsin to determine compliance with applicable
state and local building codes relating to the construction of buildings.
(2)
The Building Inspector shall be certified by the Wisconsin Department
of Safety and Professional Services in the required categories specified
in Ch. SPS 305, Wis. Adm. Code.
C.
General powers and duties. The Building Inspector shall enforce the provisions of this chapter and of all other ordinances and the laws and orders of the State of Wisconsin which relate to building construction, plumbing and electrical installations and for these purposes may at all reasonable times enter buildings and premises. He may pass upon any questions arising under the provisions of this chapter relating to buildings, subject to conditions contained in this chapter. No person shall interfere with the inspector while in the performance of the duties prescribed in this chapter. He shall coordinate the activities of the Plumbing Inspector and the Electrical Inspector. The Building Inspector may grant variances from the terms of Chapter 385, Zoning, in those cases where a setback, side yard or rear yard variance would clearly be consistent with those existing in the neighborhood. In the event that the Inspector is refused access to any premises, then the Building Inspector is authorized to apply for a special inspection warrant pursuant to § 66.0119, Wis. Stats.
D.
Inspections. In order to permit inspection of a building project
at all necessary phases without causing delay for the owner, the owner
and/or contractor shall request all of the following inspections in
conformity with the appropriate time frame defined in the Wisconsin
Administrative Code or at least 48 hours in advance, excluding Saturdays,
Sundays and holidays, by the applicant/contractor or property owner
as applicable:
E.
Failure to request any inspection will be the responsibility of the
contractor and/or property owner. No construction shall be deemed
approved by default or lack of inspection by the Building Inspector.
The expense of uncovering or exposing any work which must be inspected,
where such work was required by the failure of the property owner
to request any inspection, will be the responsibility of the contractor
and/or property owner.
F.
Records. The Building Inspector shall keep a record of all applications
for building permits and regularly number each permit in the order
of issuance. He shall keep a record showing the number, description
and size of all buildings erected during his term of office, indicating
the kind of materials used, the cost of each building and the aggregate
cost of all buildings of the various classes. He shall keep a record
of all inspections made and of all removal and condemnation of buildings.
He shall make a monthly report to the Council on the above matters.
G.
Appeals. Any person feeling himself aggrieved by any order or ruling
of the Building Inspector may, within 20 days thereafter, appeal from
such order or ruling to the Board of Zoning Appeals, such appeal to
be in writing. The municipality will follow procedures explained on
Chapter 68 Wis. Stats., to arrive at a final determination. Final
determinations may be reviewed as explained in Wisconsin Administrative
Rules § SPS 320.21.
H.
Assistants. The Building Inspector may employ, assign, or appoint,
as necessary, assistant inspectors. Any assistant hired to inspect
buildings shall be certified as defined in Ch. SPS 305, Wis. Adm.
Code.
Fees shall be as stated in the City of Waterloo Fee Schedule.[1] At the time of building permit application issuance, the
applicant shall pay fees as established periodically by the municipality.
If work commences prior to permit issuances, the permit fee shall
double. If work commences prior to permit issuances, and upon inspection,
the work is found to be in violation of code requirements as set forth,
the permit fee shall triple.
[1]
Editor's Note: The Fee Schedule is on file at the office of
the City Clerk-Treasurer.
In all one- and two-family dwellings one smoke detector shall
be installed on each floor.
Residential attached garages shall be built in accordance with the general construction standards established in the Wisconsin Uniform Dwelling Code. Residential garages shall be located in accordance with Chapter 385, Zoning, of this Code and not less than 10 feet from any other building on the same premises when not a part of the building. Whenever a garage is constructed as part of any building, the ceiling and the walls or wall separating the garage from other portions of the building shall be of not less than forty-five-minute fire-resistive construction as specified in § SPS 321.08, Wis. Adm. Code.
No person shall construct, install or enlarge a residential
swimming pool not enclosed in a permanent building in the City except
in accordance with the following regulations:
A.
SWIMMING POOL
Definitions. As used in this section, the following terms have the
meaning indicated:
Any depression in the ground, either temporary or permanent,
or a container of water, either temporary or permanent and either
above or below the ground, in which water more than two feet deep
is contained and which is used primarily for the purpose of bathing
or swimming.
B.
Permit.
(1)
Required. No person shall construct, install, enlarge or alter any
private swimming pool unless a permit therefor has first been obtained
from the Building Inspector.
(2)
Application. Application shall be on a form provided by the Building
Inspector and shall be accompanied by plans drawn to scale showing
the following:
C.
Construction requirements.
(1)
No pool shall be located, erected, constructed or maintained closer to any side or rear lot line than allowed by Chapter 385, Zoning, of this Code for permitted accessory building uses, and the waterline of any pool shall not be less than five feet from any setback line or building.
(2)
No connection shall be made to the sanitary sewer or septic system.
(3)
Gaseous chlorination systems shall not be used for disinfecting pool
waters.
(4)
No aboveground pool shall be less than five feet from any septic
system.
D.
E.
Fence requirements. All private residential swimming pools, whether
in-ground or aboveground, shall be enclosed with an adequate and secure
fence at least 48 inches high above adjoining ground. Required fences
shall be constructed so as to prohibit the passage of a six-inch-diameter
sphere between fence members. Any gates installed shall be provided
with self-closing and self-latching devices which shall be on the
inside of the gate at least 30 inches above ground level. A pool dome
or pool top fencing attached to the pool to extend at least 48 inches
above the ground, or a pool cover capable of supporting 100 pounds
per square foot of area, is an acceptable substitute for fencing.
Pool covers shall be fixed securely in place at all times when the
pool is not supervised by a responsible person. Aboveground pools
with walls that are at least 48 inches high at all points around said
pool or have platforms and railings that are 48 inches or more in
height above ground are not required to be enclosed as provided in
this section; however, all ladders and stairways providing access
to such pools shall be adequately fenced and fitted with gates to
prevent entry when the pool is not in use.
F.
Use of pool. No pool shall be so operated as to create a nuisance,
a hazard or an eyesore or otherwise to result in a substantial adverse
effect on neighboring properties.
A.
Permit required. No person shall construct a fence in the City without
first obtaining a permit from the Building Inspector.
B.
Application; fee. Application for a permit shall be filed with the Building Inspector on a form supplied by the Inspector, together with a sketch of the proposed fence and the payment of the required fee as provided in § 140-9 of this chapter.
C.
General requirements.
(1)
Fences and walls in front yards. On any corner lot, no fence, wall or shrub shall be within the vision triangle prescribed in Chapter 385, Zoning, of this Code. Fences, walls or shrub plantings shall not be erected on any lot within 10 feet of the front property line in such a manner as to interfere with traffic visibility from a driveway. In no case shall a fence, wall or planting in a residential area exceed four feet in height in that part of a front yard which extends 25 feet back from the property line.
(2)
Fences in side yards. No fence or wall, other than a retaining wall, along a side line of a lot shall be higher than six feet unless the adjoining lot is not in a residential district. Except as provided in Subsection C(1) above, no side yard fence or wall shall extend into the required street setback area.
(3)
Fences in rear yards. Fences having a height of six feet or less
may be located within the required rear yards in residential districts.
(4)
Property line fences. Fences shall be erected in relation to the
property line so as to be normally serviceable by the owner, unless
the adjoining property owner consents, in writing, to the fence being
erected on the property line.
(5)
Dog pens and runs. Dog pens and runs shall be erected in the rear
yard only and shall be located at least 20 feet from any property
line.
D.
Prohibited fences.
[Added 4-23-2020 by Ord.
No. 2020-01]
(1)
All fences, walls or barricades erected and maintained on property
zoned residential, which are designed to cause bodily injury, including,
but not limited to, barbed-wire fences, electric fences, razor fences
and broken glass walls.
(2)
Snow fences. Temporary plastic or similar material snow fences are
only allowed in the City from November 1 to April 1.
All materials, methods of construction and devices designed
for use in buildings or structures covered by this code and not specifically
mentioned in or permitted by this code shall not be so used until
approved in writing by the Department of Safety and Professional Services.
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 Department
of Safety and Professional Services.
[Amended 4-7-2022 by Ord. No. 2022-01]
A.
Purpose.
(1)
Whenever
the Building Inspector finds any building or part thereof within the
City to be, in his judgment, so old, dilapidated or so out of repair
as to be dangerous, unsafe, unsanitary or otherwise unfit for human
habitation, occupancy or use, and so that it would be unreasonable
to repair the same, he shall order the owner to raze and remove it
at the owner's expense. Such order and proceedings shall be carried
out in the manner prescribed for the razing of buildings in § 66.0413,
Wis. Stats., and further provided for in this section. Where the public
safety requires immediate action, the Building Inspector shall enter
upon the premises with such assistance as may be necessary and cause
the building or structure to be made safe or to be removed, and the
expenses of such work may be recovered by the City in an action against
the owner or tenant.
(2)
Additionally, the further purpose of this section is to regulate
the razing or demolition and the removal of scrap and salvageable
equipment and materials from vacated buildings without immediate functional
replacement. The City of Waterloo finds that such removal may result
in the complete abandonment of the property and reduce the chance
that such property will in the future be devoted to any productive
or enjoyable public or private use, and therefore cause conditions
which will create health and 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.
Permit required; definitions of "demolition" and "Building Inspector."
(1)
Permit and definition of "demolition." No person shall raze or demolish
any building within the City without first obtaining a permit from
the Building Inspector, unless otherwise exempted under this section.
For purposes of this section, the terms "demolition" and "razing"
shall be used interchangeably and shall be defined as a license for
the deconstructing, destroying, razing, tearing down, or wrecking
of any building, including its foundation, in an environmentally responsible
manner, protective of worker safety. Demolition shall include any
partial demolition and any interior demolition affecting more than
10% of the replacement value of the structure as determined by the
Building Inspector. Any demolition work shall include 1) proper disposal
of recyclables, solid waste, and hazardous materials pursuant to applicable
regulations and approved plans, if any; 2) the controlled removal
of materials to be salvaged or intended to be reclaimed or saved from
destruction from the interior of a building, including, but not limited
to, machines, wire, conduit, equipment, steel, wood, copper, aluminum,
glass, brick, concrete, asphalt material and the like; 3) termination
of utilities serving the premises, including permits and final inspections
and approvals; 4) removal of driveways and repair of public sidewalks,
as may be required; 5) site cleanup and restoration, including grading,
landscaping and fencing, as required; 6) compliance with all other
applicable building regulations, including, but not limited to, Section
30.08 of the Wisconsin Uniform Building Code; 7) remediation of all
right-of-way work; and 8) payment to the City of any outstanding taxes,
fees, citations, or assessment owed.
(2)
Building Inspector. In this section, the "Building Inspector" means
the Building Inspector identified by the City or any other City employee
or officer designated and assigned by the City to act on an application
under this section.
C.
Application. The owner of a building to be razed shall sign the permit
application. In the alternative, an agent for the owner may sign the
permit application upon providing written authorization verifying
permission of the owner to apply for the permit. The Building Inspector
may require additional information, such as proof the applicant has
sufficient financial resources and ability to complete the project,
including, but not limited to: a) identification of materials to be
recycled; b) a performance schedule; c) financial assurances, including
a project pro forma detailing projected revenues and expenses; d)
environmental assessment, asbestos or other reports regarding hazardous
substances; and e) other state or local permits as required by law,
rule or regulation. The owner and demolition contractor/operator shall
be jointly and severally liable for performance under a permit issued
pursuant to this section. Upon completion of the permit application
and verified by Building Inspector, the permit shall be presented
to the Common Council for final approval.
D.
Fees. Permit fees shall be established by Common Council as part
of the municipal fee schedule.
E.
Irrevocable letter of credit or alternative forms of security.
(1)
Any application for a permit to engage in the razing of buildings
within the City shall be accompanied by an irrevocable letter of credit
which meets the following requirements:
(a)
In an amount no less than 120% of the estimated project cost;
(b)
Names the City as a beneficiary;
(c)
Is irrevocable and unconditional;
(d)
Is conditioned for payment to the City solely upon presentation
of the letter of credit and a sight draft, which shall direct the
issuing lending institution to pay the City without any explanation,
affidavit or documentation;
(e)
Expires not earlier than one year after completion of the last
act by permittee of demolition or salvage (unless the one-year period
is waived or modified by the Common Council), or after the expiration
of a permit issued under this section to the permittee, whichever
is later;
(f)
Issued by a company certified by the state to conduct such business
within Wisconsin.
(2)
The irrevocable letter of credit shall be a guarantee of performance
by the permittee. The City Attorney shall act as the reviewing authority
for the letter of credit. The letter of credit shall be delivered
to the attention of the City Attorney, who may reasonably require
a greater amount on a case-by-case basis, where deemed necessary to
protect the City. In considering the amount of the irrevocable letter
of credit, the City Attorney shall consider: 1) the recommendation,
if any, of the Building Inspector; 2) the expertise of the applicant;
3) the applicant's work history; 4) the capitalization of the
applicant; 5) the scope of the proposed project; 6) the possible environmental
hazards that could be created or currently exist; 7) the effect of
the proposed operation on the surrounding neighborhood; and 8) the
cost of remediation on the City, should the City have to address any
matter due to the unwillingness or inability of the permittee to complete
its obligations.
F.
Comprehensive liability insurance. An applicant for a permit shall
provide proof of comprehensive liability insurance in the amount of
$1,000,000 per occurrence and per person, $1,000,000 property damage,
and $5,000,000 pollution legal liability where risk is presented of
exacerbation of existing environmental pollution or discharge or any
hazardous waste to the environment; or where asbestos removal, abatement,
remediation, or dumping/disposal in a federal or state regulated facility
is required. The City may require a greater or lesser minimum amount,
down to and including $0 of pollution legal liability insurance, depending
on the circumstances of the project that is the subject of the permit.
Such coverage shall be maintained for the duration of the project
and shall be a condition of a permit issued under this section. The
certificate shall state the insurance policy may not be terminated
or amended without at least 30 days' prior notice to the City.
In addition, the permittee shall agree to indemnify and hold the City
harmless from any and all claims, demands, actions, judgments, liabilities
and obligations of any nature whatsoever arising from the demolition
activity or site restoration for which the permit is issued, including
any attorneys' fees and costs incurred by the City as a result
thereof. In addition to liability insurance, the Building Inspector
or City Attorney may require additional coverages, including, but
not limited to, automobile liability, pollution legal liability or
other environmental insurance coverage, and workers' compensation.
G.
Disconnection of utilities. The owner or agent shall notify all utilities
having service connections within a building to be razed, such as
water, electric, gas, sewer, telecommunications, and other connections.
A permit to demolish or remove a building shall not be issued until
the Building Inspector has determined that all appurtenant equipment,
such as meters and regulators, has been removed, and service connections
are sealed and plugged correctly. No permit to demolish or remove
any building shall be issued without written proof of the notification
and appropriate removal of appurtenant equipment provided to the Building
Inspector.
H.
Sewer and water connections. During demolition, sewer pipes shall
be protected to prevent entrance of sand, earth or other foreign materials.
Upon completion of demolition, the ends of all underground sewer or
drain pipes shall be securely stopped with watertight and durable
material. The water supply and sewer systems shall be abandoned inside
the lot line by a licensed master plumber. If the water service from
the property line to the connection at the water main in the public
right-of-way is constructed of lead or galvanized iron, the entire
water service shall be abandoned at the water main by the property
owner and is not permitted for reuse. All water services abandoned
at the water main shall be witnessed by City personnel, who shall
furnish a report to the City. Failure to do so shall require excavation
and street restoration at the owner's expense to verify abandonment.
Final remediation for any disturbance in the right-of-way is required
unless waived by City personnel. Abandonment of services shall take
place at the same time as building demolition.
I.
Dropping materials; chutes required. Where a space on the ground
or on a floor is railed off and openings in boundary walls closed,
materials may be dropped into such space. When a protected or enclosed
space cannot be provided, material and debris shall be removed through
fully enclosed inclined chutes of wood, metal or other approved durable
material. Open chutes may be used to lower dismantled falsework or
lumber from a height not exceeding 30 feet. The bottom of all chutes
shall be equipped with a gate or stop for closing and regulating the
flow of materials.
J.
Permit conditions. All permits shall be subject to the following
conditions:
(1)
Permit term. The razing or demolition of a building shall be completed
90 consecutive calendar days after the permit is issued. The Building
Inspector may, at his/her discretion, extend the permit term for cause,
on terms and conditions acceptable to the parties and recorded in
writing. "Cause" shall mean the inability of the permittee to act
due to circumstances beyond the permittee's reasonable control
and upon the exercise of due diligence.
(2)
Inspection of work. During the entire period of any demolition project,
employees and agents of the City shall have the ability to enter onto
the property, at any time, without notice, for inspections. Such ability
shall be a condition of the demolition permit. Work authorized by
the permit is subject to inspection by the Building Inspector, who
shall have the authority to order corrective work. Failure to follow
the orders of the Building Inspector, or to complete the raze in accordance
with the Waterloo Municipal Code, shall give the Building Inspector
authority to seek restitution from the letter of credit or alternative
security, by any remedies available at law.
(3)
Foundation of razed building. Whenever a building has been razed,
the foundation thereof, if any, shall be removed to at least two feet
below adjacent grade and filled in with clean fill material approved
by the Building Inspector with the top two feet of fill material being
of dirt or sand. No combustible material may be used for the fill
material.
(4)
Driveway approaches, sidewalks and slabs. Remaining driveway approaches
shall be removed and replaced with curb and gutter; damaged public
sidewalks shall be replaced; and driveway aprons, remaining slabs
and private sidewalks shall be removed from the site pursuant to any
permits for replacing curb and gutters, driveway approaches and public
sidewalks.
(5)
Restoration of site. Prior to the issuance of a permit under this
section by the Building Inspector to a contractor licensed in Wisconsin,
the contractor may be required to provide a sufficient level of detail
regarding the post-demolition activities, condition and use of the
property. The Building Inspector reserves the right to require the
property owner or its agent to submit (prior to commencement of any
demolition activity) a site for the property upon which the structure
to be demolished is located. All debris, rubbish and other materials
not used for fill shall be removed from the site upon completion of
demolition work, and the site leveled and graded to provide proper
drainage to conform with the grade of adjoining premises or fenced
in with a temporary solid barrier fence not less than four feet high
to safeguard the public. The foundation walls shall be removed a minimum
of two feet below adjacent grade, and the basement floor broken up
to allow free flow of water to its natural grade. The site shall be
left in a dust-free and erosion-free condition. Excavations shall
be filled with a minimum of three inches of clean, solid fill to match
lot grade within five consecutive calendar days of removal of the
structure. The contractor shall be responsible for the repair and
replacement of any public sidewalk, curb, gutter or street damaged
in this process. Any excavation shall be protected with appropriate
fences, barriers and/or lights.
(6)
Disposal of debris. Except for recycled or salvaged materials, the
permit holder shall dispose of all building debris in a licensed landfill
in a manner compliant with Wisconsin Department of Natural Resources
requirements. At any time, the permit holder shall provide to the
Building Inspector receipts and/or an itemized list of debris disposed
of by dumping or salvage. The Building Inspector at any time may order
debris must be hauled away at the end of the week for the work that
was done during that week. There shall be no burning of any structure
or demolition waste unless by permitted by the Fire Chief or designee.
(7)
Site safety and security. The permit holder shall, during the razing
process, maintain the site in a safe and secure condition, and shall
promptly report any personal injury and property damage to the Building
Inspector.
(a)
All building materials which produce dust or other flying debris
shall be sufficiently dampened during removal to minimize floating
or blowing into the street or adjoining property. All adjacent streets,
sidewalks or other public areas shall be protected by fences and/or
scaffolds. The Building Inspector may require additional safety and
security methods, including fencing and gating, as deemed necessary
to protect the site and restrict access to the public.
(b)
The structural elements of a building or structure shall be
taken down one story at a time, beginning from the top, unless a different
method is approved by the Building Inspector. All structural parts
of each story shall be lowered to the ground by means of approved
equipment or devices except as hereinafter provided. No material shall
be placed or allowed to fall in such a manner so as to overload any
part of the structure which may be caused to fall because of such
practice.
(c)
The permittee shall take all the necessary steps, prior to razing
the 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.
K.
Exceptions. After consideration of the factors in this section, the Building Inspector may grant an exception to Subsection J(1), (2) and (3) of this section for any property for which the City will be taking title or for which a related redevelopment plan has been approved by the City. In the exercise of discretion in granting an exception, the Building Inspector shall consider the following factors:
(1)
Type of contamination that may be on the property or the larger,
integrated site associated with the building to be razed;
(2)
Suspected level of contamination on the property based on best evidence
available;
(3)
Possible vectors of migrations from the property;
(4)
Any known migration of contamination from the property;
(5)
Reasonableness of other means of remediation or containment;
(6)
Any communication from the state or federal government suggesting
the necessity or adequacy of maintaining the foundation, or portion
thereof, for environmental protection.
L.
Exemption.
(1)
Residential remodeling. This section shall not be construed to apply
to contractors or homeowners doing demolition work on part of a one-
or two-family residential building which is necessary in the course
of remodeling work being conducted under a building permit. The Building
Inspector may exempt contractors or homeowners from the irrevocable
letter of credit provisions using the same criteria used to establish
whether a permit should be granted.
(2)
Accessory buildings and detached garages. This section shall not
apply to demolition of accessory buildings or detached garages less
than 600 square feet in area as measured by the exterior dimensions
of the structure.
M.
Special assessment. The Building Inspector may elect to recover all
costs of enforcement and legal fees through special assessments to
be levied and collected as a delinquent tax against the real estate
upon which the building is located. Such special assessment shall
be a lien upon the real estate. An administrative fee as set forth
by resolution of the Common Council or part of the municipal fee schedule
shall be added to the special assessment against the benefited property.
N.
Violations and liability.
(1)
It shall be a violation of this section to perform, conduct, direct
or allow the demolition of structures except in conformance with a
valid permit issued pursuant to this section.
(2)
It shall be a violation of this section to disobey an act contrary
to any order issued pursuant to this section.
(3)
The owner and permit holder shall be jointly and severally liable
for any violation of this section and any violation of any condition
pursuant to this section, whether caused by act or omission, including
applicable fines and penalties together with the City's costs
of enforcement, including attorneys' fees.
(4)
Any contractor or subcontractor 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 City's costs of enforcement, including attorneys'
fees.
O.
Enforcement, fines and penalties. The Building Inspector shall have
the primary responsibility to enforce this section in cooperation
with the Police Department. For purposes of calculating fines and
penalties under this section, each day of continuing violation shall
constitute a separate offense. Any violation of this section constitutes
a public nuisance and, in addition to other remedies provided or allowed,
the City may apply to a court of competent jurisdiction for injunctive
relief and the assessment of damages, including attorneys' fees
and costs.
See Chapter 144 of this Code.
A.
Permit required. No person shall install a satellite television antenna
within the City until a permit is obtained from the Building Inspector.
However, pursuant to § 62.23(7)(he), Wis. Stats., no permit
is required for a satellite dish less than two feet in diameter.
B.
Application. Application for a permit shall be made on a form provided
by the Building Inspector.
D.
SATELLITE TELEVISION ANTENNA
USABLE SATELLITE SIGNAL
Definitions. As used in this section, the following terms have the
meaning indicated:
An apparatus capable of receiving communications from a transmitter
or a transmitter relay located in planetary orbit.
A satellite signal which, when viewed on a conventional television
set, is at least equal in picture quality to that received from local
commercial television stations or by way of cable television.
F.
Location and construction requirements.
(1)
Subject to Subsection F(4) below, in any business, commercial, agricultural or manufacturing zone, such antenna may be located anywhere on the lot or building thereon.
(2)
In a residential zone, subject to the provisions contained herein,
such antenna shall be located either in the rear yard of any lot or
on the roof. If usable satellite signal cannot be obtained from such
rear yard or roof, the antenna may be located on the side or front
yard of the property, subject to the requirements contained herein.
(3)
Ground-mounted antenna shall be located at least five feet from the
nearest part of the main building on the same lot and at least five
feet from any rear, front or side property line.
(4)
No antenna on a corner lot shall be constructed within a vision triangle contrary to Chapter 385, Zoning, of this Code.
(5)
Except in business, commercial, agricultural or manufacturing zones,
the antenna shall be located and designed to reduce visual impact
from surrounding properties at street level and from public streets.
(6)
Not more than one satellite antenna shall be allowed in any residential
zone on any lot less than one acre in size.
(8)
The antenna shall meet all manufacturer's specifications, shall be
on noncombustible and corrosive-resistant materials, and shall be
erected in a secure, wind-resistant manner.
(9)
Every antenna must be adequately grounded for protection against
a direct strike of lightning.
G.
Location on conditional basis. The construction, location, installation
and erection of a satellite antenna shall be on a conditional basis,
and in the event said satellite antenna interferes with radio or television
reception on adjacent properties such satellite antenna shall be moved
or shielded to eliminate said interference.
H.
Temporary placement permitted. Satellite antennas may be temporarily
located on a lot or parcel for the purpose of testing reception for
a period not to exceed 10 days in any calendar year without a permit,
provided that the provisions of this section are complied with.
This chapter shall not be considered as assuming any liability
on the part of the City or any official or employee thereof for damages
to anyone injured or for any property destroyed by any defect in any
building or equipment or in any plumbing or electric wiring or equipment.
A.
Prohibition. No person, entity, or firm may construct, remodel, demolish
or repair any building in a manner which violates any provision or
provisions of this chapter.
B.
Every person, firm or entity which violates this code shall be, upon
conviction, forfeit not less than $25 nor more than $1,000 for each
day of noncompliance, together with the cost of prosecution.
C.
Violations discovered by the Building Inspector shall be corrected
within 30 days, or more if allowed by the Inspector, after written
notice is given. Violations involving life safety issues shall be
corrected in a reasonable time frame established by the Building Inspector.
D.
Compliance with the requirements of this chapter is necessary to
promote the safety, health and well-being of the community and the
owners, occupants and frequenters of buildings. Therefore violations
of this chapter shall constitute a public nuisance which may be enjoined
in a civil action.
E.
Report of violations. The police or other City officers shall report
at once to the Building Inspector any construction which is being
carried on without a permit as required by this chapter.
If any section or portion thereof shall be declared by a court
of competent jurisdiction to be invalid, unlawful or unenforceable,
such decision shall apply only to the specific section or portion
thereof directly specified in the decision, and shall not affect the
validity of any other provisions, sections or portions thereof of
the chapter. The remainder of the chapter shall remain in full force
and effect. Any other ordinances whose terms are in conflict with
the provisions of this chapter are hereby repealed and to those terms
that conflict.
