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Building Permit
§ 172-2 Building permits and inspection.
A. Permit required.
(1) General permit requirement. No building of any kind shall be moved within or into the Village and no new building or structure, or any part thereof, shall hereafter be erected, or ground broken for the same, or enlarged, altered, moved, demolished, razed or used within the Village, except as herein provided, until a permit therefor shall first have been obtained by the owner, or his authorized agent, from the Building Inspector.
(2) Alterations and repairs. The following provisions shall apply to buildings altered or repaired:
(a) Alterations. When any existing building or structure accommodates a legal occupancy and use but is of a substandard type of construction, then alterations which involve beams, girders, columns, bearing or other walls, room arrangement, heating and air-conditioning systems, light and ventilation, or changes in location of exit stairways or exits, or any or all of the above, may be made in order to bring such existing construction into conformity with the minimum requirements of this chapter applicable to such occupancy and use and given type of construction, when not in conflict with any other regulations.
(b) Repairs. Repairs for purposes of maintenance, or replacements in any existing building or structure which do not involve the structural portions of the building or structure or which do not affect room arrangement, light and ventilation, access to or efficiency of any exit stairways or exits, fire protection, or exterior aesthetic appearance and which do not increase a given occupancy or use, shall be deemed minor repairs. No building permit is required for work to be performed which is deemed a minor repair.
(c) When alterations are not permitted. When any existing building or structure which for any reason whatsoever does not conform to the regulations of this chapter has deteriorated from any cause whatsoever to an extent greater than 50% of the equalized value of the building or structure, no alterations or moving of such building or structure shall be permitted. Any such building or structure shall be considered a menace to public safety and welfare and shall be ordered vacated and thereafter demolished and debris removed from the premises.
(d) Alterations and repairs required. When any of the structural members of any building or structure have deteriorated from any cause whatsoever to less than their required strength, the owner of such a building or structure shall cause such structural members to be restored to their required strength, failing in which the building or structure shall be considered a menace to public safety and shall be vacated and thereafter no further occupancy or use of the same shall be permitted until the regulations of this chapter are complied with.
(e) Extent of deterioration. The amount and extent of deterioration of any existing building or structure shall be determined by the Building Inspector.
B. Application. Application for a building permit shall be made in writing upon a form furnished by the Building Inspector and shall state the name and address of the owner of the land and also the owner of the building, if different, the legal description of the land upon which the building is to be located, the name and address of the designer, the use to which said building is to be put, and such other information as the Building Inspector may require.
C. Dedicated street and approved subdivision required. No building permit shall be issued unless the property on which the building is proposed to be built abuts a street that has been dedicated for street purposes. No building permit shall be issued until the subdivision and required improvements are accepted by the Village Board, upon the recommendation of the Plan Commission.
D. Utilities required.
(1) Residential buildings. No building permit shall be issued for the construction of any residential building until sewer, water, grading and graveling are installed in the streets necessary to service the property for which the permit is required and a receipt for payment of electrical hookup is presented to the Building Inspector.
(2) Nonresidential building. No building permit shall be issued for the construction of any building other than residential until contracts have been let for the installation of sewer, water, grading and graveling in the streets necessary to service the property for which the permit is requested.
(3) Occupancy. No person shall occupy any building until sewer, water, grading and graveling are installed in the streets necessary to service the property, and a certificate of occupancy shall not be issued until such utilities are available to service the property.
E. Plans. With such application there shall be submitted two 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 Commerce. Two sets of plans shall be submitted, one of 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 § Comm 20.09(4), Wis. Adm. Code.
F. 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.
G. Approval of plans.
(1) If the Building Inspector determines that the building will comply in every respect with all ordinances and orders of the Village and all applicable laws and orders of the State of Wisconsin, he shall issue a building permit which shall state the use to which said building is to be put, which shall be kept and displayed at the site of the proposed building. After being approved, the plans and specifications shall not be altered in any respect which involves any of the above-mentioned ordinances, laws or orders or which involves the safety of the building or the occupants, except with the written consent of the Building Inspector.
(2) In case adequate plans are presented for part of the building only, the Building Inspector, at his discretion, may issue a permit for that part of the building before receiving the plans and specifications for the entire building.
(3) No work is to be started unless a proper grade has been reviewed by the Department of Public Works, including the grade for sidewalks, curb and gutter, driveways and general construction.
H. Inspection of work.
(1) The builder shall notify the Building Inspector when ready for inspections and the Building Inspector shall inspect within 48 hours of notice all buildings at the following stages of construction:
(a) Footing and foundation;
(b) General framing, rough electrical, plumbing and heating;
(c) Insulation; and
(d) Final.
(2) If he finds that the work conforms to the provisions of this chapter, he shall issue a certificate of occupancy which shall contain the date and the result of such inspection, a duplicate of which shall be filed in the office of the Building Inspector.
I. Certificate of occupancy.
(1) Inspections.
(a) The Building Inspector shall make a final inspection of all new buildings, additions, and alterations. If no violations of this chapter or any other ordinance are found, the Building Inspector shall issue a certificate of occupancy stating the purpose for which the building is to be used.
(b) No building, or part thereof, shall be occupied until a certificate of occupancy has been issued, nor shall any building be occupied in any manner which conflicts with the conditions set forth in the certificate of occupancy.
(2) Use discontinued.
(a) 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 the building owner or 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 the notice or make the building or portion thereof comply with the requirements of the chapter.
(b) Any building, structure, or premises, or any part thereof, hereafter vacated or damaged by any cause whatsoever so as to jeopardize public safety or health shall not hereafter be occupied or used under an existing certificate of occupancy or without the same until an application has been filed and a new certificate of occupancy issued. This Subsection I(2) shall not apply to buildings used entirely for dwelling purposes.
(3) Change. It shall be unlawful to change the use of any building, structure, premises, or part thereof without first obtaining from the Building Inspector an approval of such change in the occupancy or use and a certificate of occupancy therefor.
(4) Hardship. The Building Inspector shall have the authority and power to permit the occupancy of any building or structure in the Village, prior to issuance of an occupancy certificate, in all such cases of hardship as in his judgment and discretion warrant occupancy before final stage of completion as set forth in this chapter. Before granting such permission, the Building Inspector shall first examine the premises and determine if it is safe and sanitary. The Building Inspector shall determine the time within which such building or structure can be completed; such time should not exceed 120 days.
J. Permit lapses. A building permit shall lapse and be void unless building operations are commenced within six months, or if construction has not been completed within two years in the case of a new building or one year in the case of an addition or alteration, from the date of issuance thereof.
K. Revocation of permits.
(1) The Building Inspector may revoke any building, plumbing or electrical permit, certificate or occupancy, or approval issued under the regulations of this chapter and may stop construction or use of approved new materials, equipment, methods of construction, devices, or appliances for any of the following reasons:
(a) Whenever the Building Inspector shall find at any time that applicable ordinances, laws, orders, plans and specifications are not being complied with and that the holder of the permit refused to conform after written warning had been issued to him.
(b) Whenever the continuance of any construction becomes dangerous to life or property.
(c) Whenever there is any violation of any condition or provisions of the application for permit, or of the permit.
(d) Whenever, in the opinion of the Building Inspector, there is inadequate supervision provided on the job site.
(e) Whenever any false statement or misrepresentation has been made in the application for permit, plans, drawings, data specifications, or certified lot or plot plan on which the issuance of the permit or approval was based.
(f) Whenever there is a violation of any of the conditions of an approval or certificate of occupancy given by the Building Inspector for the use of all new materials, equipment, methods of construction, devices, or appliances.
(2) The notice revoking a building, plumbing or electrical permit, certificate of occupancy, or approval shall be in writing and may be served upon the applicant for the permit, owner of the premises and his agent, if any, and on the person having charge of construction.
(3) A revocation placard shall also be posted upon the building, structure, equipment, or premises in question by the Building Inspector.
(4) After the notice is served upon the persons as aforesaid and posted, it shall be unlawful for any person to proceed thereafter with any construction operation whatsoever on the premises, and the permit which has been so revoked shall be null and void, and before any construction or operation is again resumed, a new permit, as required by this chapter, shall be procured and fees paid therefor, and thereafter the resumption of any construction or operation shall be in compliance with the regulation of this chapter. However, such work as the Building Inspector may order as a condition precedent to the reissuance of the building permit may be performed, or such work as he may require for the preservation of life and safety.
L. Report of violations. The police or other Village officers shall report at once to the Building Inspector any building which is being carried on without a permit as required by this chapter.