Loading...
ORD1978360ORD INANCf # 360 AN ORD INANCE TO CI?EATE SECTION 30.5 I OF THE a MUNICIPAL CODE OF THE CITY OF MUSKEG0 (Re: Change of Occupancy) THE COMMON COUNCI- OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN AS FOLLOWS: SECTION I: Section 30.51 of the Municipal Code is hereby created as an addition to Chapter 30 of the Municipal Code which is the Wisconsin Uniform Building Code. This addition shall also be known as Chapter 13 of the 13uilding Code: Chapter 13. Certificate of Compliance Requirements. (I) Need: (a) Prevent Deterioration. In order to prevent the develop- ment of hazardous conditions presenting a threat to the health and safety of occupants of buildings and to other persons, and to pre- vent the deterioration of buildings resulting in substantial depre- ciation in the property values of the neighborhood, it is necessary that buildings be kept in a reasonable state of repair. It is also necessary to eliminate the entry of clear water into the sanitary sewers of the City in order to comply with the Department of Natural Resources order to that effect and to eliminate sanitary sewer over- flows and the resultant nuisance problems created thereby. (2) Cert if icate of Comp I i ance Requ i ted: Whenever there is a proposed change iR the person, firm >,!' or corporation occupying any residential building or part thereof, I) dominium, etc. such change of occupancy shal I not be made unless a which part is a separate unit such as an apartment, town house, con- certificate of compliance has been issued by the Building Inspector dated not earlier than one year prior to the commencement of the occupancy. Entry into occupancy without such certificate of com- pliance is a violation of this section subjecting the person, firm or corporation so entering "nto occupancy, the owner of the premises permitting such occupancy, to the penalties hereinafter set forth. (3) Requ i rements: A certificate of c:ompliance shall be issued by the Building Inspector after an inspection of the premises discloses t.hat the premises are apparently in compliance with the Building Code, Plumbing Code, Electrical Code and Housing Code of the City. Compliance with tkte provisions of the said codes shall be with the provisions of the respective codes in effect at the time of the inspection, or in effect at the time a permit was issued for the particular construction or installation, provided that: (a) In a situation where there is compliance with the applicable code in effect at, the time a permit was issued but there is noncompliance with the cLlrrent code and in the opinion of the Building Inspector the situi-ition presents a hazardous condition endangering health or safety, the Building Inspector shall issue a noncompliance notice settinG forth the hazardous condition. (b) In all cases of a change of occupancy there shall be no new occupancy of and no certificate of compliance issued for any I) premises or part thereof unless the drain ti le around the wal Is of any building and/or the clear water drains on the premises are connected to a sump pit provided with a pump to discharge water at grade, or another effective method eliminating clear water without discharging it into the sanitary sewer. (4) Application for Certificate Application for a certificate shall be made in writing to the Building Inspector, which application shall state the name and address of the owner of the building, the type of building located upon the property and such other information as the Building Inspector may require. (5) Noncompliance: If an inspection by the Building Inspector discloses non- compliance with the above codes of ordinances he shall issue a non- compliance notice setting forth the areas of noncompliance and there is a change of occupan.:y. When a subsequent inspection dis- closes compliance a certific3te of compliance shall be issued. stating that the premises sh3l I be brought into compliance before (6) No Warranty: A certificate of compliance permits a change in occupancy and indicates that so far as can be reasonably determined by a visual inspection of the premises and a review of the City records, the premises meet the requirements of this section. Neither the City nor the Building Inspector assumes any liability in the inspection or is- suance of a certificate of compliance, and by the issuance of a cer- tificate of compliance does not guarantee or warrant as to the con- * dition of the premises inspected. (7) Fee: A fee of qsld shal I be paid to the City for the in- spection of premises required prior to the issuance of a certificate of compliance, which fee shill1 be paid at the time of applying for such an inspection. (8) Forms: (a) The Building Inspector shall provide the forms for: I. Appl:ication for an inspection and issuance of a certificate of compliance. 2. Certificate of compliance. 3. Certificate of noncompliance. (9) Certificate of Occupancy: A certificate of compliance is not required for the original e occupancy pursuant to a certificate of occupancy. (10) Waiver: (a) If a certificate of noncompliance sets forth an item or items of noncompliance which in the opinion of the Building In- spector is a condition that does not adversely affect the health or safety of occupants of the premises or other persons, and does not cuase a substantial deprecidtion in the property values of the neighborhood, the Building Inspector may waive compliance with such item and may issue a certificate of compliance permitting a change of possession but shall note thereon each existing condition which is not in compliance and which has been waived. (b) When the Building Inspector has issued a certificate of noncompliance and has re-Fused to waive compliance as authorized by (a) above, the occupant or proposed new occupant of the premises feeling aggrieved by the ac.iion of the Building Inspector may appeal to the Board of Appeals following the usual procedure on appeal from 0 an order of the Building Inspector. If the Board of Appeals, after hearing, finds that the item in noncompliance does not adversely affect the health or safety of occupants of the premises or other persons, and does not cause a substantial depreciation in the property values of the neighborhood, then it may direct that compliance with such i,tem be waived. Provided there are no other existing items of noncompliance, a certificate of compliance shall then be issued per- mitting a change of occupancy which shall note thereon each existing condition which is not in compliance and which has been waived. ( I I 1 Spec i a I Inspection Warrant. In the event an inspection of any building is to be made 4 pursuant to the provisions ,>f this section, and permission is not voluntarily given to the Building Inspector to make such inspection, he may apply for and obtain a special inspection wa rant to make such inspection, as pr0vide.J by Wisconsin Statutes 6 66.122 and 66.123. (12) Penalty. Any person violating sny provision of this section shall upon conviction be subject to a forfeiture of not less than $25.00 or more than $200.00 and the costs of prosecution for each violation, and in default of payment 07' such forfeiture and costs shall be im- prisoned in the county jail until such forfeiture and costs of pro- act of violation and every day upon which violation occurs, or exists constitutes a separate offense. .a secut ion are paid, such imprisonment not to exceed 90 days. Each SECTION 2: All ordinances or parts of ordinances incon- sistent with or contravening this ordinance are hereby repealed. SECTION 3; This ordinance shall be in full force and effect from and after it's passage and pub1 ication. , CITY OF MUSKEG0 ATTEST: STATE OF WISCONSIN ) ) ss. Milwaukee County ) (a) In asituation where there is compliance with the applica- CITY &iii&KECO ble code'in effect at the time a pennit was hued but there is nonwmpliance with the ament ,ORDINANCE NO. 360 code and in the opinion of the Building Inspenor the situation An Ordinance to Create feetion endangering health or safety. presents B hazardous condition 30.51 of the Municipal :Code of I the Building Inspedor shall the City of Muskega (Re: , iasue B noncompliance notice Change of O~~paccy) I Betting forth the hazardous con- Official Notice Patricia R. Schultz being duly sworn, doth depose and say that he is an authorized representative of The Muskego. Sun. . . . . . . . a newspaper published at . .Muskeg?. . . . . . . . Wisconsin and that an advertisement of which the annexed is a true copy, taken from said paper, was published therein on .. .. .. . . . . . . . . . . ... , .. City of Muskego, Wis.. do or- ! The Common Council of the dsin as follows: Muniapal Code is hereby me- %ion 1: Section 30.51 of the ated 811 an addition to Chapter i 30 of the Municipal Code which ~ isthe Wirmwin Uniform Build-,, I ing Code. This addition shall also be ,known as Chapter 13 of the Building Code: Chapter 13. Certificate of Compliance Requirements. (I) Need: " (a) Revent Deterioration. In ; ! order to prevent the develop- ment of hazardous conditions presenting a threat to the health buildings and to other~persons. and safety of occupants of and to prevent the deterioration of buildings resulting in subs- perty dies of the neighbor. tantial depreciation in the pro- hood. it is necessary that build- ings be kept in a reasonable state of repair. It is also necess- ary to eliminste the entry of clear water into the sanitary sew&. of the City in order to Natural Resources order to that wmply with the Department of effect and to eliminate. sanitary ~ sewer overflows and the resul-, tant nuisance problems created dential building or part thereof. which part is a separate unit such-as-an. apartment.. tow house, condominium. ete. such change of occupancy shall not be made unless a certificate of eompliance has been issued by the Building 'Inspector dated not earlier than one year prior to the &mencement of the oc. cupsncy Entry intc occupancy without such certificate of com- pliance is a violation of this sec- tion subjecting the person, firm or corporation 80 entering into occupancy. the owner of the pre- mises permitting such occupsn. cy. to the penalties hereinafter set forth. .. (3) Requirements: A certificate of^ compliance ahsll be issued by the Building knspeetor after an inspeaion of the premises diecloses that the premises are apparently in mm- pliance with the Building @de. Plumbing Code and Hobing ! Code of the City. Compliance with.the provi- aiom of the said @es shall be with the provisions of the respective des in effect at the time of the inspection. or in effect at the be a permit was iaaued for the particular con- struction or installstion, pro-' ,! I llL.