ORD1969152ORDINANCE # 152
AN ORDINANCE CREATING SECTION 1.12 OF THE
MUNICIPAL CODE ESTABLISHING THE BOARD OF BUILDING
APPEALS
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN,
DO ORDAIN AS FOLLOWS:
SECTION 1. Section 1.12 of the Municipal Code is
hereby created to read as fol.lows:
1.12 BOARD OF BUILDING APPEALS
(1) Apointment and Term. The Board of Building Appeals shall
consist of five members appointed by the Mayor and confinncd by
the Common Council for terms of two years or until their
successors are appointed. The mayor shall designate one of the
members to serve as Chairman. One of the members shall be a
licensed architect, one a. st'ructural engineer, two citizens and
a general building contractor. The Building Inspector shall
appointments hereunder shall expire on the 30th day of April, 1970.
(2) Jurisdiction. The Boari of Building Appeals shall review
any order requiring decision or determination made by the
Building Inspector pursuant to the provisions of the Building
Code; except questions arising out of street occupancy.
(3) Meetings. Meetings of the Board of Building Appeals shall
be held at the call of the Chairman and at such other times as
the Board may determine. There shall be a fixed place of meet-
ing and all meetings shall be open to the public.
(4) Procedure. The Board of Building Appeals shall sdopt its
own rules of procedure and shall keep a record of its proceedings,
showing the action of said Eoard and the vote of each member
upon each question considered. All decisions and findings shall
be reduced to writing. A dc.plicate copy of all decisions or
1) act as Secretary of the Board, but he shall have no vote. First
findings shall be given to the appellant.
(5) Quorum. The concurring; vote of 4 members of such board shall
be necessary to reverse or c:us tain any order requiring decision
or determination of any such administrative official or to decide
in favor of the applicant.
(6) Appeals from Building Inspector. Appeal from any order
requiring decision or deterrlination or ruling by the Building
Inspector concerning the en:rorcement of the provisions of the
appellant shall file vith the Secretary of said Board a notice
of apoenl, sFecifyino, the g,round thereof. An appeal may be taken
by any person whose applica.tion for a permit for the use of a
new material or method of construction has been refused by the
Building Inspector, or who may consider that the provisions of
this Code do not cover the question raised or that the enforcement
1
Building Code ma~y be made to the Board of Building Appeals. The
i
Page 2
of any particular provision will cause a manifest injury to be
materials or types of construction shall guarantee payment of all
Board of Building Appeals.
(7) Appeals from Plumbing hspector. The Board of Building
Appeals shall consider appeals from rulings of the Plumbing Inspector
upon application by an aggrieved person and the Board shall have
the authority to modify, reverseor affirm wholly or in part any
determination by the Plumbing, Inspector.
The Board of Building Appeals. shall have the authority to grant
special exceptions from requirements of the Plumbing Code where
the application of its provisions would be a hardship, and the
variance would not be contrary to the best public interest.
(8) Record of Appeal. The Iiuilding Inspector shall transmit to
the Board of Building Appeal:: all petitions, plans, drawings,
papers, matters or thi~ngs constituting the record in the matter
done. In every such appeal the appellant desiring to use alternate e expenses for necessary tests made or ordered to be made by said
@ of the appeal.
(9) Power. (a) The Board of Building Appeals may reverse or
affirm wholly or in part, or may modify any order, requirement,
decision or determination appealed from and shall make such order,
requirement, decision or determination as in the opinion of the
Board of Building Appeals oui:ht to be made in the matter and to
that end shall have all the powers of the Building Inspector,
(b) The Board of Building Appeals may call on any of the other
departments of city government for assistance in the performance
of its duties, and it shall be the duty of every department to
render such assistance as ma:! reasonably be required.
(10) Stay on Appeal. An appeal shall stay all legal proceedings
in furtherance of the action appealed from unless the Building
Inspector from whom the appe,31 is taken certifies to the Board
of Building Appeals after ths notice of appeal shall have been 0 filed with him that by Teas03 of the fact stated in the certificate
a stay would, in his opinion, cause imminent peril of life or property
In such case proceedings shall not be stayed otherwise than by a
restraining order which may be granted by the Board of Building
Appeals or by a court of record on application, on notice to the
Building Inspector from whom the appeal is taken and on due cause
shown.
SECTION 2. All ordinances or parts of ordinances
inconsistent with or contravening the provisions of this @ ordinances are hereby repealed.
SECTION 3. This ordinance shall be in force and take
effect upon passage and publication.
ATTEST:
DATED THIS DAY OF , 1969.
Donald Wieselmann, Mayor