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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 () /1 " .:&.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) . ù State of Wisconsin) ) s~;:: County of Milwaukee) Subscribed and sworn beJ:ore me this 0~ day of f e~~~""-)_<:"'-<'r- ,2007 . {\ o.,-,Q...~-.. D~~~ My Commission Expires LJ -g-Q 7 ,"" '/,t" v:: Ii f:i~S>""" " 2: -'j ,: '" - - ;"" ", :,~,' ",~\, - -:~ : . " Notary Public State of Wisconsin " .'- .,,'" ,.. .' , "