§ 15-1-2. Building Permits and Inspection; Certificates of Occupancy.

(a)

Permit Required.

(1)

General Permit Requirement. No building of any kind shall be moved within or into the City of Verona 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 City, 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 not in conflict with any regulations, alterations to any existing building or structure accommodating a legal occupancy and use but of substandard type of construction, which involves either beams, girders, columns, bearing or other walls, room, heating and air condition systems, arrangement, light and ventilation, changes in location of exit stairways or exits, or any or all of the above, then such existing construction shall be made to conform to the minimum requirements of this Chapter applicable to such occupancy and use and given type of construction.

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 exist stairways, or exits, fire protection, or exterior aesthetic appearance and which do not increase a given occupancy or use, shall be deemed minor repairs.

c.

Alterations When Not Permitted. When any existing building or structure, which, for any reason whatsoever, does not conform to the regulations of this Chapter, has deteriorated from any cause whatsoever to an extent greater than fifty percent (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 or his designee 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)

Site Plan Approval.

(1)

Site Plan Approval. All applications for building permits for any construction, reconstruction, expansion or conversion, except for one (1) and two (2) family residences in residentially zoned districts shall require site plan approval by the Plan Commission in accordance with the requirements of this Section, unless site plan review is required under the City Zoning Code. The applicant shall submit a site plan and sufficient plans and specifications of proposed buildings, machinery and operations to enable the Plan Commission or its expert consultants to determine whether the proposed application meets all the requirements applicable thereto in this Chapter.

(2)

Administration. The Building Inspector shall make a preliminary review of the application and plans requiring site plan review and refer them along with a report of his findings to the Plan Commission. The Plan Commission shall review the application and may refer the application and determine whether the application and plans meet all the requirements applicable thereto in this Chapter. Within thirty (30) days of its receipt of the application, the Plan Commission shall authorize the Building Inspector to issue or refuse a building permit.

(3)

Requirements. In acting on any site plan, the Plan Commission shall consider the following:

a.

The appropriateness of the site plan and buildings in relation to the physical character of the site and the usage of adjoining land areas.

b.

The layout of the site with regard to entrances and exits to public streets; the arrangement and improvement of interior roadways; the location, adequacy and improvement of areas for parking and for loading and unloading; and shall, in this connection, satisfy itself that the traffic pattern generated by the proposed construction or use shall be developed in a manner consistent with the safety of residents and the community, and the applicant shall so design the construction or use as to minimize any traffic hazard created thereby.

c.

The adequacy of the proposed water supply, drainage facilities and sanitary and waste disposal.

d.

The landscaping and appearance of the completed site. The Plan Commission may require that those portions of all front, rear and side yards not used for off-street parking shall be attractively planted with trees, shrubs, plants or grass lawns, and that the site be effectively screened so as not to impair the value of adjacent properties nor impair the intent of purposes of this Section.

(4)

Effect on Municipal Services. Before granting any site approval, the Plan Commission may, besides obtaining advice from consultants, secure such advice as may be deemed necessary from the Building Inspector or other municipal officials, with special attention to the effect of such approval upon existing municipal services and utilities. Should additional facilities be needed, the Plan Commission shall not issue the final approval until the City has entered into an agreement with the applicant regarding the development of such facilities.

(5)

Appeals. Denials of building permits contingent upon site plan approval may be appealed to the Board of Appeals by filing a notice of appeal with the City Clerk within seven (7) days of the denial.

(d)

Dedicated Street and Approved Subdivision Required. Unless a waiver is granted by the Common Council, following a recommendation from the Building Inspector, no building permit shall be issued unless the property on which the building is proposed to be built abuts a street that has been dedicated for street purposes. No building permits shall be issued until the subdivision or certified survey is approved and until the required improvements are accepted by the Common Council or, in the event a waiver is granted as provided in Subsection (e), a road construction agreement is executed by the developer.

(e)

Utilities Required for Residential and Nonresidential Buildings. No building permit shall be issued for the construction of any building until sewer, water, storm sewer, grading, streets, and curb and gutter are installed in the streets necessary to service the property for which the permit is required. The construction of any improvements before the issuance of a building permit may be waived by the Common Council, following a recommendation by the Plan Commission, for commercial or industrial development only. If a waiver is requested, the owner must submit to the Zoning Administrator the following items:

(1)

A plan showing access from the construction site to a paved public right-of-way. The access road will be a suitable gravel surface to provide fire and emergency service access. A signed temporary easement will be provided for the easement. The plan will also show how adequate water supply will be provided for fire purposes, acceptable to the Fire Chief.

(2)

A plan showing all grade elevations of the proposed street, the building lot, and the building elevation. The plan will include all erosion control management procedures. This plan will be approved by the City Engineer.

(3)

A schedule describing the proposed progress of construction.

(4)

A foundation survey verifying the elevation height of the foundation. This survey will be submitted to the Building Inspector upon the installation of the foundation.

(5)

An agreement in writing that no occupancy permit will be obtained until the necessary street improvements (sewer, water, street, curb and gutter) are installed and accepted on the abutting street and that the City of Verona will be held harmless for any adverse effects the waiver may have on the construction or operation of the structure.

(6)

An approved construction agreement between the City of Verona and the developer of the property for the installation of all public right-of-way improvements abutting the proposed construction. The construction agreement will include a substantial completion date for all infrastructure improvements.

(f)

Elevations. The first floor minimum elevation of a house shall be eighteen (18) inches above the curbline at the high side. The maximum driveway elevation shall be twelve percent (12%) from the flag of the curb to the threshold of the garage door.

(g)

Plans. With applications for new detached structures or additions, there shall be submitted three (3) complete sets of plans and specifications, including a plot plan showing the location and dimensions of all buildings and improvements on the lot, both existing and proposed, dimensions of the lot, dimensions showing all setbacks of all buildings on the lot, proposed grade of proposed structure (to City datum), grade of lot and of the street abutting lot, grade and setback of adjacent buildings (if adjacent lot is vacant, submit elevation of nearest buildings on same side of street), type of monuments at each corner of lot, water courses or existing drainage ditches, easements or other restrictions affecting such property, the signature of the applicant and, if necessary due to the nature of the project, a construction erosion control plan setting forth proposed information and procedures needed for control of soil erosion, surface water runoff and sediment disposition at the building site. One (1) set of plans shall be of reduced size to facilitate copying. Plans, specifications and plot plans shall be drawn to a minimum scale of one-quarter (¼) inch to one (1) foot [fireplace details to three-quarters (¾) inch to one (1) foot]. One (1) set of plans shall be returned after approval as provided in this Chapter. The second set shall be filed in the office of the Building Inspector. Plans for buildings involving the State Building Code shall bear the stamp of approval of the State Department of Industry, Labor and Human Relations. One (1) 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.

(h)

Waiver of Plans; Minor Repairs.

(1)

Waiver. 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, provided the cost of such work does not exceed Two Thousand Dollars ($2,000.00).

(2)

Minor Repairs. The Building Inspector may authorize minor repairs or maintenance work on any structure or to heating, ventilating or air conditioning systems installed which are valued at less than Five Hundred Dollars ($500.00) which do not change the occupancy area, exterior aesthetic appearance, structural strength, fire protection, exits, light or ventilation of the building or structure without issuance of a building permit.

(i)

Approval of Plans.

(1)

If the Building Inspector determines that the building will comply with this Building Code and with other applicable ordinances and orders of the City, 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.

(j)
(1)
Inspection of Work. Unless specified elsewhere in this Chapter, a qualified inspector, as certified by the Wisconsin Department of Commerce, is hereby authorized and directed to administer and enforce all provisions of the Wisconsin Administrative Code related to his or her certification. The permit applicant shall notify the Building Inspector when ready for inspections and the Building Inspector may inspect after notification all buildings at the following states of construction or as specified within Comm 20.10 or Comm 61.41(1), Wis. Adm. Code:

a.

Footings and foundation (footings prior to pouring of concrete and foundations prior to pouring of concrete);

b.

General framing, rough electrical, plumbing and heating;

c.

Insulation; and

d.

Completion of the project.

(2)

Inspection Powers. The Building Inspector or an authorized certified agent may at all reasonable hours enter upon any public or private premises for inspection purposes and may require the production of the permit for any building, plumbing, electrical or heating work. No person shall interfere with or refuse to permit access to any such premises to the Building Inspector or his agent while in performance of his duties.

(3)

Inspection Warrants. If the Building Inspector is denied access to inspect a property, he may request the City Attorney to seek an inspection warrant pursuant to Sec. 66.0119, Wis. Stats.

(k)

Records. The Building Inspector shall perform all administrative tasks as required by the Department of Commerce.

(l)

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 or any other ordinance be found, the Building Inspector shall issue a certificate of occupancy, stating the purpose for which the building is to be used.

b.

No building nor part thereof shall be occupied until such certificate has been issued, nor shall any building be occupied in any manner which conflicts with the conditions set forth in the certificate of occupancy. The responsible party, whether the builder and/or owner, who occupies a building before the issuance of an occupancy permit shall be subject to double occupancy permit fees, along with other penalties provided in this Chapter. It shall be the responsibility of the responsible party, whether the building and/or owner, to inform building tenants of the occupancy permit requirement.

(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 any person using or causing such use or occupancy to be continued, and such person shall vacate such building or portion thereof within ten (10) days after receipt of the notice, or make the building or portion thereof comply with the requirements of this 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.

(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 thereof.

(4)

Hardship. The Building Inspector shall have the authority and power to permit the occupancy of any building or structure in the City, prior to issuance of an occupancy certificate, in all such cases of hardship as, in his judgment and discretion, warrant occupancy before the 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.

(5)

When a Use or Occupancy Shall be Discontinued and a Building or Portion Thereof 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 ten (10) days after receipt of the notice or make the building or portion thereof comply with the requirements of this Chapter on use and occupancy.

(6)

Certificate of Occupancy by Fire Chief. The Fire Chief, or his designee, shall have dual authority with the Building Inspector in the issuance of certificates of occupancy for multi-family and commercial structures, places of public assembly, and schools. All authority and power granted therein to the Building Inspector equally is herein granted to the Fire Chief for fire inspections of such buildings.

(m)

Payment of Fees. All fees shall be paid to the City Treasurer. Upon presentation of the City Treasurer's receipt showing that the fees prescribed by this Chapter have been paid, the Inspector, upon entering upon the application the number of the receipt, shall issue to the owner, or his agent, a building permit.

(n)

Permit Lapses. A building permit shall lapse and be void unless building operations are commenced within six (6) months or if construction has not been completed within one (1) year from the date of issuance thereof.

(o)

Revocation of Permits.

(1)

The Building Inspector or other authorized inspectors may revoke any building, plumbing, HVAC or electrical permit, certificate of occupancy, or approval issued under the regulations of this Chapter and may stop construction or use of approved new materials, equipment, methods of construction, devices or appliances for any of the following reasons:

a.

Whenever the Building Inspector shall find at any time that applicable ordinances, laws, orders, plans and specifications are not being complied with and that the holder of the permit refused to conform after written warning or construction has been issued to him.

b.

Whenever the continuance of any construction becomes dangerous to life or property.

c.

Whenever there is any violation of any condition or provisions of the application for permit or of the permit.

d.

Whenever, in the opinion of the Building Inspector, there is inadequate supervision provided on the job site.

e.

Whenever any false statement or misrepresentation has been made in the application for permit, plans, drawings, data specifications or certified lot or plot plan on which the issuance of the permit or approval was based.

f.

Whenever there is a violation of any of the conditions of an approval or occupancy given by the Building Inspector for the use of all new materials, equipment, methods or construction devices or appliances.

(2)

The notice revoking a building, plumbing or electrical certificate of occupancy or approval shall be in writing and may be served upon the applicant of 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.

(p)

Report of Violations. City officers shall report at once to the Building Inspector any building which is being carried on without a permit as required by this Chapter.

(q)

Display of Permit. Building permits shall be displayed in a conspicuous place on the premises where the authorized building or work is in progress at all times during construction or work thereon.

(Ord. No. 08-737, 1-14-08)