ORD20071248GOM..,ON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1248
AN ORDINANCE TO AMENID CHAPTER 30, SECTIONS 3,0.05(6), 30.07(4 & 5), 30.12, &
30.14(1)a OF THE MUNICIPAL CODE OF THE !CITY OF MUSKEGO
THE COMMON COUNCI l OF THE CITY OF MUSKEGO, WISCONSIN DO ORDAIN AS
FOllOWS:
SECTION 1: The City of MU$kego is recreating the existing Chapter 17 Zoning Code and
certain code references rE~quire changes to match the new Chapter 17 Code Sections. Further,
revisions to building occupancy codes are desired by the Building and Planning Departments at
this same time in order to conform to policy.
SECTION 2: Chapter 30, Sections 30.05(6),30.07(4 & 5),30.12, & 30.14(1)a of the Municipal
Code of the City of Muskego is hereby amended to read as follows:
30.05(6)
30.07(4)
30.07(5)
(a)
STRUCTUHE
As specifically regulated by this Code, Structure shall have the meaning as
defined by the Muskego Municipal Code, Chapter 17, Section 22.03.
DRAINAGE.
Shall be governed by Muskego Municipal Code, Chapter 17, Section 5.10.
INSPECTOR MAY REVOKE PERMITS.
The Building Inspector or his designee may revoke any permit, certificate of
occupancy o!" approval issued under the regulaltions of this Code and may stop
business USE', construction, demolition or use of approved materials, equipment,
methods of construction, devices or appliances for any of the following reasons:
1. Whenever there is a violation of any regulation of this Code or of any other
ordinance, law or lawful orders or Wisconsin Statute relating to the same
subject matter.
2. Whenevler the continuance of any construction or demolition becomes
dangerolJs to life or property.
3. Whenever there is any violation of any condition or provision of the permit.
4. Whenever, in the opinion of the Building Inspector, there is inadequate
supervisiion provided on the job site.
5. Whenevler 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.
6. Whenevter there is a violation of any of the conditions of an approval or
occupancy given by the Building Inspector for the use of any new
materials, equipment, methods of construction devices or appliances.
7. Whenevler the property owner fails to aHow reasonable inspections of the
property.
Ordinance #1248 Page 2
(b)
(c)
(d)
8. WhenevE!r any conditions of approval from City Boards and Committees
are not being met for the building site or structure itself, including Planning
Commission approvals.
The notice rE!voking a permit, certificate of oCGupancy or approval shall be in
writing and shall be served upon the applical1t for the permit, owner of the
premises and his agent, if any, and on the person having charge of construction.
A revocation placard shall also be posted upon the building structure, equipment
or premises in qLJe~)tion by the Building Inspector.
After the notk:e is served upon the persons as aforesaid and posted, it shall be
unlawful for any pE!rSOn to proceed thereafter with any business use, construction
or demolition operation whatsoever on the premises and the permit and/or
certificate of occ;upancy which has been so revoked shall be null and void and
before any construction or operation is again resumed, a new permit and/or
certificate of occupancy, as required by this Code, shall be procured and fees paid
therefore and therE!after the resumption of any construction or operation shall be in
compliance with th43 regulation of this Code.
30.12
(1) INSPECTIONS
(a)
(b)
(c)
30.14(1)a
The Buildin~1 Inspector shall make a final inspection of all new buildings,
additions and altmations. If no violations of this or any other ordinance can
be found the Building Inspector shall issue a certificate of occupancy,
stating the purpose for which the building is to be used [see also
30.10(7)(a) and 30.07(5)(a)].
No building, nor part thereof, shall be utilized or otherwise put into service, until
such final inspection has been approved and certificate of occupancy has been
issued, nor shall élnY building be utilized in any manner which conflicts with the
conditions set forth in the certificate of occupancy.
The Plannin~J Din3ctor or designee shall make a final inspection of all new
buildings, building sites, additions and alterations of multi-family, commercial and
industrial properties in order to assure all approvals from Planning Commission or
other Boards have been accomplished. If all approvals have been followed, a
certificate of occupancy will be allowed. If furthE~r improvements are required, the
certificate of occupancy will be withheld until such time the improvements are
completed. A c;el1ificate of occupancy may be issued subject to certain items
being COmplE!ted within a given amount of time, however, if the items are not
completed within the given timeframe, the certificate of occupancy can be revoked
as per Section 30.07(5)a of this ordinance. Revocation of the certificate of
occupancy rE!quires all business use of the property to cease immediately until
such time a new cE~rtificate of occupancy is given.
STORAGE SHED
A structure conforming to the height and area limitations of Muskego Municipal
Zoning Ordinance, Chapter 17, Section 15.05.
SECTION 3: The several seGtions of this ordinance are declared to be severable. If any
section or portion thereof shall be declared by a decision of êl court of competent jurisdiction to
Ordinance #1248 Page 3
be invalid, unlawful, or unEmforc:eable, such decision shall apply only to the specific section or
portion thereof directly spec:ifil~d 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 ordinanc:es whose t~rms are in conflict with the provisions of this ordinance
are hereby repealed as to t hose terms that conflict.
SECTION 4: This ordinance shall be in full force and effect from and after its passage and
publication.
PASSED AND APPROVED THIS 23rd DAY OF January, 2007.
CITY OF MUSKEGO
. ..~ , Ì\~ h R.Johnson, or
ATTEST: First reading: 12/12/06
Deferred: 01/09/07
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.:&.L:..:.. Published this 1st day of February, 2007
Cc> ì\1 'vI l. '..;,' I ')' rtim 1'-: r \\'c.; r '\ 1)[0 pc--,
AFFIDAVIT OF PUBLICATION
0002647352 ; . I
CITY OF MUSKEGO
PO BOX 0749
Muskeqo, WI 531:0
Patti Guerrero hereby states that she is authorized by Journal
Sentinel Inc. to certify on behalf of Journal Sentinel Inc., publisher
of Communi ty NewspéLperó; , public newspapers 'Jf general circulation,
printed and publish2d in No Paper Assigned; was published in the My
Community Now on 2/1/2007 ;that said printed copy was taken from said
printed newspaper (s) .
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State of Wisconsin)
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County of Milwaukee)
Subscribed and sworn beJ:ore me this 0~ day of f e~~~""-)_<:"'-<'r- ,2007 .
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My Commission Expires
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Notary Public State of Wisconsin
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