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ORD20061224. . . COMMON COUNCIL. CITY OF MUSKEGO ORDINANCE #1224 AN ORDINANCE REPEAL AND RECREATE CHAPTER 33 OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO (Business Occupancy Registration and Residential Point of Sale Code) The Common Council of the City of Muskego, Waukesha County, Wisconsin, do ordain as follows: SECTION 1: Chapter 33 is hereby repealed and recreated and made a part of the Municipal Code of the City of Muskego as adopted by Ordinance #1224. SECTION 2: A copy of said Ordinance has been on file in the Office of the City Clerk- Treasurer and open to public inspection for not less than two weeks prior to the date of this Ordinance and said Ordinance is hereby incorporated into the Municipal Code of the City. SECTION 3: The several sections of this ordinance are declared to be severable. If any section or portion thereof shall be declared by a decision of 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 not affect the validity of all other provisions, sections or portion thereof of the ordinance which shall remain in full force and effect. Any other ordinance whose terms conflict with the provisions of this ordinance are hereby repealed as to those terms that conflict. SECTION 4: This ordinance is in full force and effect from and after its passage and publication. PASSED AND APPROVED THIS 11th DAY OF APRIL ,2006 Æ:4dO ~Ldd4 C""e, H. D'm"~Yo' First Reading: 3/28/2006 Published on the 20th day of April, 2006 Recommended by Public Works Committee Ald. Chris Buckmaster Ald. Bob Melcher Ald. Neil Borgman ~J r\.J..' \ I.M') . COMMON COUNCIL - CITY OF MUSKEGO ORDINANCE #1224 AN ORDINANCE REPEAL AND RECREATE CHAPTER 33 OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO (Business Occupancy Registration and Residential Point of Sale Code) The Common Council of the City of Muskego, Waukesha County, Wisconsin, do ordain as follows: SECTION 1: Chapter 33 is hereby repealed and recreated to read as follows: . . . . . CITY OF MUSKEGO BUSINESS OCCUPANCY REGISTRATION (Ord. #962 - 07-02-98) 33.00 TITLE This section shall be known as the "CITY OF MUSKEGO - BUSINESS OCCUPANCY REGISTRATION ORDINANCE" and shall herein be referred to as "THIS CODE". 33.01 PURPOSE Due to the complexity of State and Local requirements for various commercial and industriai uses of real property within the City of Muskego, it is deemed important that a review of business type and use versus proposed location be conducted to insure compatibility of use and minimum safety standards prior to the premises being occupied for a commercial or industrial use. THIS CODE is created to, but is not designed to insure or verify code compliance of any structure. See also 33.11 33.02 SCOPE The provisions of THIS CODE shall govern the occupancy of any premises within the City of Muskego for any commercial or industrial use. For purposes of THIS CODE, "businesses" shall include any individual or legal entity occupying a premises within the City of Muskego for any commercial or industrial use. Exception: A "Home Occupation" as defined by Chapter 17, Section 2.02 (22) and Section 8.01 (7)8.7. of the City of Muskego Zoning Ordinance shall not be subject to the requirements of THIS CODE. 33.03 APPLICATION OF THIS CODE All businesses hereafter located or relocated within the City of Muskego shall comply with the provisions of THIS CODE, subject to the following procedure: (1.) All businesses locating within the City of Muskego shall complete a BUSINESS REGISTRATION FORM which can be obtained from the Building Inspection Department located in City Hall. Packet shall be completed by business owner or authorized agent. For purposes of THIS CODE, authorized agent status shall be verified through the use of a form provided by the City, which the business owner signs thus authorizing agent status. (2.) The completed BUSINESS REGISTRATION FORM shall be returned to the Building Inspection Department for distribution to the Planning Department, to review same within five (5) business days of receipt, and forward findings in writing to the Building Inspection Department. The Planning Department review will be conducted to determine any possible conflicts that may exist between the proposed business and applicable zoning or land use codes. (3.) Should the Planning Department Staff be unable to approve the proposed business without Plan Commission or other Committee approvals, the Building Inspection Department shall place its review on hold until it has been determined that the business has completed all zoning related approvals. (4.) Upon favorable review and conditional approval by the Planning Department, the Building Inspection Department will perform a review of the proposal within five (5) business days and determine whether an inspection of the site will be required using the criteria set forth in 33.06 . (5.) If no inspection is required and the Planning and Building Inspection Departments find the proposed business to be compatible with existing zoning, land use and structures, then upon payment of a OCCUPANCY REGISTRATION FEE a CONDITIONAL OCCUPANCY REGISTRATION CERTIFICATE shall be issued. Such certificate shall be posted in a conspicuous iocation on the business premises at ail times. (6.) Should an inspection be required, the criteria for performing such inspection shall be as listed in 33.07 (7.) Upon correction to the inspector's satisfaction of any items found to be unacceptable during inspection and payment of the applicable OCCUPANCY REGISTRATION FEE, the Building Inspection Department shall issue a CONDITIONAL OCCUPANCY REGISTRATION CERTIFICATE, which shall be posted in a conspicuous location on the business premises at all times. 33.04 OCCUPANCY REGISTRATION FEE REQUIRED Prior to issuance of a CONDITIONAL OCCUPANCY REGISTRATION CERTIFICATE, a registration fee, as from time to time established by resolution of the Common Council and listed in Table #4, shall be collected. Such resolution shall remain on file with the Cierk Treasurer and in the Building Inspection Department. 33.05 OTHER AGENCIES NOTIFIED Upon issuance of a CONDITIONAL OCCUPANCY REGISTRATION CERTIFICATE the Building Inspection Department shall provide notification to respective agencies. . 33.06 DETERMINING NEED FOR INSPECTION Inspection shall be required when: (1.) The proposed location and/or structure has a history of orders or violations, which according to records available to the Planning or Building Inspection Department Staff have not been adequately addressed or corrected. (2.) The proposed business is of a different category of use or occupancy as defined by the State of Wisconsin's commercial building code than that of the prior occupant of the building. (3.) The Fire Department has listed the structure as a building they have been denied access to within the last 12 months. 33.07 INSPECTION CRITERIA Inspections required by THIS CODE shall be limited to the following areas: (1.) Outstanding orders, violations or existing conditions of approval corrected and/or in compliance. (2.) Required occupancy or fire separations intact and correct for intended use and in consideration of adjacent tenants where applicable. . (3.) Fire extinguisher available - for purposes of THIS CODE, the number, size, type and location will not be verified or inspected. The inspection will only determine that at least one (1) fully charged fire extinguisher is available. Fire Department to be responsible for number, size, type and location details under separate inspection. 2 . (4.) City issued building numbers in place. (5.) Property free of junk and debris, yard mowed to 6" or less. (6.) Building exterior, gutters and eaves maintained so as not to detract from the visual character of the adjacent property, downspouts not directed to adjacent property. (7.) Exterior of structure weatherproof. (8.) Interior and exterior stairways, patios, walks or decks in good condition - for purposes of THIS CODE, good condition shall mean no surface irreguiarities in excess of 3/4", nor voids in surface in excess of 3/4". Guardrails and/or handrails to be in sound condition. However, for purposes of THIS CODE, the height of guardrails and spacing of balusters will not be measured or verified, unless permits have been obtained to modify same. (9.) Windows in good condition, operable windows have screens or storms Installed and are in good condition. Screens shall be required from April 1st to October 1st -- Storms required balance of year. Double or triple pane windows shall not require storms. (10.) Exterior electrical fixtures/receptacles adequately protected from the weather and appear intact. (11.) Entry and egress doors operate freely and pathways to and from same are clear and unobstructed. Interior keyed deadbolts are prohibited. (12.) Hot and cold running water available, where applicable. . (13.) Interior electrical fixtures/receptacles in good condition - for purposes of THIS CODE, good condition shall mean fixture assembly complete, receptacle covers In place and are not cracked or broken. (14.) Toilet rooms have hot and cold running water, light fixture and operable exhaust fan or openable window. (15.) Toilet room floors in sanitary condition - for purposes of THIS CODE, sanitary shall mean free from elements of filth and/or noticeable molds or fungus. (16.) Plumbing fixtures functional and free from leaks. (17.) No plumbing cross connections apparent. (18.) Sump pump discharges in accordance with Muskego Municipal Code, Chapter 16, Section 16.20. (19.) Backflow protection measures in place. (20.) Smoke detectors in place and functional. (21.) Electrical panel enclosure intact, cover or door operates properly, any unused openings plugged, overcurrent devices labeled. . (22.) Exterior enclosure of heating units and exhaust vent pipes (to chimney) have no readily visible cracks or voids (no inspection of heat exchanger performed). 3 ~ . . . (23.) Chimney flue not affected by installation of high efficiency equipment (newer equipment may require resizing or relining of chimney). (24.) Exterior inspection (from grade level) of chimney reveals no obvious defects. No attic or interior inspection of chimney performed. 33.08 RECORDS Records of CONDITIONAL OCCUPANCY REGISTRATION CERTIFICATES issued and related inspection details when applicable, shall be kept in the Building Inspection Department and shall be available for viewing upon request. 33.09 PENAL TV FEE A penalty fee as from time to time established by resolution of the Common Council and listed in Table #4, shall be collected when a business is found to have located or relocated to a new location within the City of Muskego, without first obtaining a CONDITIONAL OCCUPANCY REGISTRATION CERTIFICATE. Such resolution shall remain on file with the Clerk Treasurer and in the Building Inspection Department. 33.10 VIOLATIONS It shall be unlawful for any person, firm or corporation to locate or relocate within the City of Muskego, without first obtaining a CONDITIONAL OCCUPANCY REGISTRATION CERTIFICATE. Persons, firms or corporations violating any provision of THIS CODe shall, upon conviction, be subject to a forfeiture of not less than fifty dollars ($50) or more than five hundred dollars ($500), together with the costs of prosecution and, in default of payment thereof, shall be imprisoned for a period of not less than one (1) day or more than six (6) months or until such forfeiture and costs are paid. It shall be the responsibility of the offender to abate the violation as expeditiously as possible, and each day that such violation is permitted to continue shall constitute a separate offense. 33.11 CODE COMPLIANCE NOT DETERMINED The following text is provided to further explain the scope and purpose of this code. (1.) THIS CODE is intended to be used as a tool to insure minimum safety standards are met, while attempting to assist businesses in finding compatible facilities for their operations, with the least possible expense. It is not intended to verify compliance with all applicable plumbing, heating, air conditioning, electrical, building or zoning codes. It is recommended that a professional engineer, architect or other qualified individual be retained to perform a complete and comprehensive inspection of the premises if verification of complete code compliance is desired. (2.) Code specific issues such as guardrail height or baluster spacing will not be verified through this code. Inspection will be limited to verifying that a sturdy guardrail is in place, but will not verify the actual height of same. (3.) Permit research will not be performed, other than to determine if there are outstanding orders or violations relative to the structure, building location or owner. Exception: In cases where work is in progress, recently completed or in cases where an installation is obviously hazardous, an inspection of the Building Inspection Department records may be performed to determine if proper permits have been obtained. (a.) Work found to be performed without a valid permit, shall require the current building owner to obtain the required permits (certain work may require a licensed contractor be hired who would be responsible for obtaining permits). All such AFTER-THE-FACT permits shall be 4 . . . assessed a PENALTY FEE as listed in TABLE #1 (avaiiable for viewing at the Buiiding Inspection Department counter). 33.12 LIABILITY THIS CODE shall not be construed to relieve from or lessen the responsibility or liability of PREVIOUS or CURRENT OWNERS, person(s) who have performed work on said structure, including but not limited to, using, operating, controlling, installing, altering, repairing, removing, replacing, disturbing, connecting, disconnecting or maintaining any eiectrical, plumbing, heating/air conditioning, or building code related items, for damages to persons or property caused by any defect therein or therefrom; nor shall the City or its authorized Inspectors, be held as assuming any such responsibility or liability by reason of issuance or faiiure to issue any CONDITIONAL OCCUPANCY REGISTRATION CERTIFICATE, or the inspection or re-inspection authorized by THIS CODE, or by reason of the approval or disapproval of any items addressed by THIS CODE. Nor shall the City or its authorized Inspectors be held liable for any damages resulting from the enforcement of THIS CODE. 5 . TABLE #4 City of Muskego, Schedule of Fees - Relative to: Point of Sale Code & Business Registration Ordinance (effective date: 8/26/97) A. Point of Sale Inspection - Single Family $75.00 $150.00 B. Point of Sale Inspection - Duplex C. Point of Sale Inspection - Multi-Family (12 units or leesPer Unit)$225.0075.00 D. Point of Sale Inepeotion Eaoh additional 8 unite, or any Portion thereof over the initial 12 $225.00 E. Business Registration (no inspection required) $ðG50.00 $100.00125.00 F. Business Registration (inspection required) G. **Penalty Fee** $***.** . ** Penalty Fee** A penalty, which shall equal three (3) times the applicable permit fee (min. $9Q,00150.00), shall be paid when a property is sold prior to obtaining a Point of Sale Inspection or when a business moves into or changes the use of an existing space prior to completing the Business registration process. . 6 . . . RESIDENTIAL POINT OF SALE CODE lOrd. #943 . 09-04-97) 33.50 TITLE This section shail be known as the "CITY OF MUSKEGO - RESIDENTIAL POINT OF SALE CODE" and shall herein be referred to as "THIS CODE". 33.51 PURPOSE In recognition of the fact that a substantial segment of existing residential housing stock within the City may not meet all applicable codes, due to work done without permits or faiiure to obtain required inspections, and understanding that printed Building Codes for the +ewa-City of Muskego are available as far back as May 4, 1938, which many homes do not comply with; the City finds a need for a program to determine basic levels of safety for residential structures within the City. Inasmuch as it is impractical to mandate complete compliance with ail applicable codes for all residential housing within the City due to structurai, access and cost considerations, THIS CODE has been created to ensure that BASIC SAFETY CONCERNS are addressed and required corrections are made PRIOR TO THE SALE of any existing residential property. 33.52 SCOPE The provisions of THIS CODE shail apply to ail residential housing stock within the City of Muskego. A SAF-E-UPOINT OF SALE CERTIFICATE shail be obtained from the Building Inspection Department prior to any NEW RESIDENTIAL OCCUPANCY, except that, no such certificate shail be required upon change of rentai or lease tenants if there is no transfer of ownership involved. For purposes of THIS CODE, transfer of ownership shail include iand contract or iease purchase agreements and in the case of the sale of residential property to a person or persons who have occupied the dwelling up to the time of the sale (relatives, tenants, etc.), the POINT OF SALE INSPECTION wiil still be required. (1.) SA~POINT OF SALE CERTIFICATES issued under THIS CODE shail remain valid for a period of 12 months from the date of issuance. Properties transferring ownership within 12 months of receiving a SA~POINT OF SALE CERTIFICATE shail oot-be required to obtain a new POINT OF SALE INSPECTION. 33.53 APPLICATION OF THIS CODE Ail residential housing stock within the City of Muskego, including any residential dwelling units which may be located within commercial or other non-residential structures shali comply with the provisions of THIS CODE, subject to the foilowing procedure: (1.) Any owner of residential housing stock or AUTHORIZED AGENT, within the City of Muskego, shail complete a POINT OF SALE - INSPECTION REQUEST FORM (which can be obtained from the Building Inspection Department, located in City Hail), prior to completing the sale or other qualifying transaction process. For purposes of THIS CODE, authorized agent status shail be verified through the use of a form provided by the City, which the business owner signs thus authorizing agent status. (2.) The completed POINT OF SALE - INSPECTION REQUEST FORM shail be returned to the Building Inspection Department along with the applicable fee. (3.) Upon receipt of the completed POINT OF SALE - INSPECTION REQUEST FORM and applicable fee, Building Inspection Department staff will inform owner or authorized agent of 7 . . . available dates and times available to schedule the inspection. Inspections will not be performed if children under the age of 18 are present without a supervising adult on premises. (4.) An inspection following the criteria set forth in 33.55 will be performed on the date and as near as possible to the time as scheduled. (5.) Upon correction to the inspectors satisfaction of any items found to be unacceptable during inspection, the Building Inspection Department shall issue a SAFE-+V-POINT OF SALE CERTIFICATE, which shall allow the finalization of the respective transaction and subsequent occupancy. 33.54 FEE REQUIRED Prior to scheduling the required inspection and at the time the POINT OF SALE - INSPECTION REQUEST FORM is submitted, a fee, as from time to time established by resolution of the Common Council and listed in Table #4, shall be collected. Such resolution shall remain on file with the Clerk Treasurer and in the Building Inspection Department. 33.55 INSPECTION CRITERIA Inspections required by THIS CODE shall be limited to the following areas: (1.) Outstanding orders or violations of record corrected. (2.) Required occupancy or fire separations intact and correct for intended use and in consideration of adjacent tenants where applicable. (3.) City issued building numbers in place, per Muskego Municipal Code, Chapter 8, Section 8.03(12). (4.) Property free of junk and debris, yard mowed to 6" or less. (5.) Building exterior, gutters and eaves maintained so as not to detract from the visual character of the adjacent property, downspouts not directed to adjacent property. (6.) Exterior of structure weatherproof. (7.) Interior and exterior stairways, patios, walks or decks in good condition - for purposes of THIS CODE, good condition shall mean no surface irregularities in excess of 3/4", nor voids in surface in excess of 3/4". Guardrails and/or handrails to be in sound condition. However, for purposes of THIS CODE, the height of guardrails and spacing of balusters will not be measured or verified, unless permits have been obtained to modify same. (8.) Windows in good condition, operable windows have screens or storms installed and are in good condition. Screens shall be required from April 1st to October 1st -- Storms required balance of year. Double or triple pane windows shall not require storms. (9.) Exterior electrical fixtures/receptacles adequately protected from the weather and appear intact. (10.) Entry and egress doors operate freely and pathways to and from same are clear and unobstructed. Interior keyed dead bolts are prohibited. (11.) Hot and cold running water available. 8 . . . (12.) Interior electrical fixtures/receptacles in good condition - for purposes of THIS CODE, good condition shall mean fixture assembly complete, receptacle covers in place and are not cracked or broken. (13.) Toilet rooms have hot and cold running water, light fixture and operable exhaust fan or openable window. (14.) Toilet room floors in sanitary condition - for purposes of THIS CODE, sanitary shall mean free from elements of filth and noticeable molds or fungus. (15.) Plumbing fixtures functional and free from leaks. (16.) No plumbing cross connections apparent. (17.) Sump pump, if present, discharges in accordance with Muskego Municipal Code, Chapter 16, Section 16.20. (18.) Backflow protection measures in place. (19.) Smoke detectors in place and functional. (20.) Electrical panel enclosure intact, cover or door operates properly, any unused openings plugged, overcurrent devices labeled. (21.) Exterior enclosure of heating units and exhaust vent pipes (to chimney) have no readily visible cracks or voids (no inspection of heat exchanger performed). (22.) Chimney flue not affected by installation of high efficiency equipment (newer equipment may require resizing or relining of chimney). (23.) Exterior inspection (from grade level) of chimney reveals no obvious defects. No attic or interior inspection of chimney performed. 33.56 RECORDS Records of SAÆ-+'t'-POINT OF SALE CERTIFICATES issued and related inspection details, shall be kept in the Building Inspection Department and shall be available for viewing upon request. 33.57 PENAL TV FEE A penalty fee as from time to time established by resolution of the Common Council and listed in Table #4, shall be collected when the ownership of a residential property located within the City of Muskego has been changed without first obtaining a SAÆ-+'t'-POINT OF SALE CERTIFICATE. Such resolution shall remain on file with the Clerk Treasurer and in the Building Inspection Department. For purposes of THIS CODE, a change of ownership shall be as defined in 33.52 SCOPE. 33.58 VIOLATIONS It shall be unlawful for any person, firm or corporation to permit the change of residential property ownership within the City of Muskego, without first obtaining a SA~-=P?-POINT OF SALE CERTIFICATE. Persons, firms or corporations violating any provision of THIS CODE shall, upon conviction, be subject to a forfeiture of not less than fifty dollars ($50) or more than five hundred dollars ($500), together with the costs of prosecution and, in default of payment thereof, shall be imprisoned for a period of not less than one (1) day or more than six (6) months or until such forfeiture and costs are paid. It shall be the 9 . . . responsibility of the offender to abate the violation as expeditiously as possible, and each day that such violation is permitted to continue shall constitute a separate offense. 33.59 CODE COMPLIANCE NOT DETERMINED The following text is provided to further explain the scope and purpose of this code. (1.) THIS CODE is intended to be used as a tool to insure minimum safety standards are met. It is not intended to verify compliance with all appiicable plumbing, heating- air conditioning, electrical or building codes. It is recommended that a professional engineer, architect or other quaiified inspector be retained to perform a complete and comprehensive inspection of the premises if verification of complete code compliance is desired. (2.) Code specific issues such as guardrail height or baluster spacing will not be verified through this code. Inspection will be limited to verifying that a sturdy guardrail is in place, but will not verify the actual height of same. (3.) Permit research will nOl-be-performed, other than to determine if there are outst~ orders or violatioAs relative to the structure, building location or owner. ~ptiGnTln cases where work is in progress, recently completed or in cases where an installation is obviously hazardous, an inspection of the Building Inspection Department records may be performed to determine if proper permits have been obtained. (a.) Work found to be performed without a valid permit, shall require the current building owner to obtain the required permits (certain work may require a licensed contractor be hired who would be responsible for obtaining permits). All such AFTER-THE-FACT permits shall be assessed a penalty fee as listed in TABLE #1 (available for viewing at the Building Inspection Department counter). 33.60 LIABILITY THIS CODE shall not be construed to relieve from or lessen the responsibility or liability of PREVIOUS or CURRENT OWNERS, person(s) who have performed work on said structure, including but not limited to, using, operating, controlling, installing, altering, repairing, removing, replacing, disturbing, connecting, disconnecting or maintaining any electrical, plumbing, heating/air conditioning, or building code related items, for damages to persons or property caused by any defect therein or therefrom; nor shall the City or its authorized Inspectors, be held as assuming any such responsibility or liability by reason of issuance or failure to issue any SAFé+'?-POINT OF SALE CERTIFICATE, or the inspection or reinspection authorized by THIS CODE, or by reason of the approval or disapproval of any items addressed by THIS CODE. Nor shali the City or its authorized Inspectors be held liable for any damages resulting from the enforcement of THIS CODE. 10 . SECTION 2: The several sections of this ordinance are declared to be severable. If any section or portion thereof shall be declared by a decision of 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 not affect the validity of all other provisions, sections, or portion thereof of the Ordinance which shall remain in full force and effect. Any other ordinances whose terms are in conflict with the provisions of this ordinance are hereby repealed as to those terms that conflict. SECTION 3: This ordinance shall be in full force and effect from and after its passage and publication. PASSED AND APPROVED THIS DAY OF ,2006. CITY OF MUSKEGO Charles H. Damaske, Mayor ATTEST: First reading: . Cover Ordinance Published this day of April, 2006 Clerk-Treasurer 3/06jmb .