PSCM19970106• PUBLIC SERVICES COMMITTEE - CITY OF MUSKEGO
MINUTES OF MEETING HELD MONDAY, JANUARY 6, 1997
The meeting was called to order at 7:OOPM by Chairman
Patterson. Also present were committee members Pionek and
Rasmussen. Also present were Building Inspector Chuck Dykstra,
Public Works Superintendent John Loughney, Police Chief John
Johnson. In the audience were Alderwoman Nancy Salentine,
Alderman Mark Suhr, and Alderman David Sanders.
The committee discussed the status of condemnations and
citations per the attached memo.
Building Inspector Chuck Dykstra asked that the discussion on
the new revised electrical code be deferred to the next meeting.
Building Inspector Chuck Dykstra proposed a revision to the
erosion control ordinance per the attached memo. The revision
was discussed by the committee and Alderman Rasmussen moved to
approve, seconded by Alderman Pionek. The motion passed 3 to 0.
Department of Public Works Superintendent John Loughney was
asked by Committee Chair Patterson to issue a press release
regarding dates and times Christmas trees would be picked up.
• Warner Cable representatives Daniel Gabler and Gary Owens were
present. Mr. Gabler reported to the committee that 73% of
homes in Muskego are connected to the cable system which is a
relatively high number for communities in this area that
utilize cable. He estimated that in 1996 the revenue from the
5% use charge on cable subscribers will generate $52,000.00 for
the City. He also discussed reasons for the recent rate
increase, citing three reasons:
1. The cost increase for programming.
2. Inflation.
3. The technical upgrade which will begin in the next year
or two.
A discussion ensued over the technical upgrade that will begin
as soon as a new contract is negotiated with the City.
Alderman Rasmussen made it clear that the City is losing
patience with Warner Cable in regards to receiving a second
access channel for education and school issues. The committee
discussed sharing Channel 15 with other communities and freeing
parts of that channel's airing time for the Muskego/Norway
School District. Warner Cable representatives were asked to
respond at the next committee meeting regarding the usage of
Channel 15 and if that is not possible, to explain why another
channel could not be freed up to allow for the second access
channel for education and school issues. Chairman Patterson
. also asked that the City invite school district representatives
to attend the next meeting to discuss educational channel
access.
• PUBLIC SERVICES COMMITTEE - CITY OF MUSKEGO
JANUARY 6, 1997 - PAGE 2
There is nothing new to report on the landfill agreements.
There is nothing new to report regarding the East Troy Landfill.
The committee reviewed the proposed changes to the Fireworks
Ordinance. Alderman Rasmussen moved and Pionek seconded to
amend Chapter 9.03(2), Sale of Fireworks, per the attached
ordinance change drafted by City Attorney Molter. The
committee discussed additional modifications to the fireworks
ordinance. Alderman Pionek made a motion, which was seconded
by Alderman Rasmussen to amend Chapter 9 to provide the
following:
1. Any discharge of fireworks in the City by permit will
be supervised by an adult over the age of 18 years.
2. The permit the City issues for the discharge of
fireworks will be printed on bright colored paper stock and
must be displayed so that it is visible from the street by
people taking out such permit.
3. Homeowners and renters who request a permit to
discharge fireworks must produce a homeowner's, renter's, or
other liability insurance designed to protect adjacent property
owners from damage or injury resulting from their negligence.
The committee requests that the City Attorney incorporate those
three revisions into the ordinance so that it may be acted on
at the next meeting. The motion carried 3 to 0.
Cable access policies and rules discussion was deferred to the
next meeting.
Discussion of personal signage was deferred until the next
meeting so that Alderman Suhr could be present.
The committee discussed and reviewed at length the zoning and
licensing ordinance for selling of farm produce. Planning
Director Matt Sadowski discussed and reviewed the various
ordinance revisions that were suggested to date per the
attached memo. Alderman Sanders stated the differences between
the zoning ordinance and the seller's permit ordinance as they
pertain to agricultural sales. Alderman Rasmussen indicated
his preference to a New Berlin ordinance that allows temporary
use permits issued by the planning department. Alderman Pionek
indicated that he preferred no change in the ordinance as he
feels that the sales of farm produce is covered by existing
ordinances and does not see a need to change it for this one
person. Police Chief Johnson and Building Inspector Chuck
Dykstra suggested that the committee table this issue and leave
the enforcement of this particular situation up to the Planning
• Director, Matt Sadowski. Alderman Rasmussen made the following
motion which was seconded by Alderman Patterson to include the
following language in Chapter 17, Section 8 of the code:
• PUBLIC SERVICES COMMITTEE - CITY OF MUSKEGO
JANUARY 6, 1997 - PAGE 3
"All those uses as listed in Chapter 12.03(3), shall be
permitted without plan commission approval unless traffic
congestion is a concern or the residential integrity of the
subject and adjacent properties is compromised. Agricultural
produce sales shall be of a seasonal nature."
The motion carried 2 to 1 with Alderman Pionek voting no.
Alderman Pionek moved to adjourn at 10:50PM, seconded by
Alderman Rasmussen. Motion carried 3 to 0.
JRJ/aw
•
Respectfully Submitted,
John R. Johnson
Chief of Police
Recording Secretary
-1
ib Memorandum
DATE: November 27, 1996
TO: Public Services Committee
FROM: Chuck Dykstra Sr - Director Bldg Dept.
RE: Proposed changes to Erosion Ordinance
29.09 VIOLATIONS
(1) PENALTY Any person, either the owner or the occupant of the premises, who violates, disobeys,
omits, neglects or refuses to comply with or resists the enforcement of any of the provisions of this
chapter, shall be subject to a forfeiture of not less than $100 nor more than $1,000 plus the costs of
prosecution for each violation. Each day that a violation exists or continues shall constitute a separate
offense. Once land disturbine activities are performed in violation of any provision of this chapter, each
day that any condition described in Section 29 04(1) of this chapter continues to exist as a result of those
land disturbine activities shall constitute a separate offense and shall be subject to a forfeiture of not less
than $100 00 nor more than $I 000 00 for each day that said condition continues to exist. The City may
also seek an order to restore the property to the condition required by this chapter.
Note: For purposes of establishing days of violation, all calendar days, including weekends and holidays
shall be counted as separate violations until compliance is achieved. "WORK DAY" is intended to help
establish a time frame for compliance prior to the issuance of a citation and shall not be utilized when
determining total days of violation.
The following text is provided for reference only:
29.04 REGULATIONS OF LANDS NOT OTHERWISE SUBJECT TO THIS CHAPTER
(1) Notwithstanding any other provisions of this Chapter, it shall be a violation of this Chapter for any
condition to be established, maintained or allowed to be maintained, that results in excessive erosion or
sedimentation to adjacent land, public streets or water bodies. Penalties and remedies may be sought for
such activities as provided in Sec. 26.09 of this Chapter. Erosion is excessive when, contrary to the
standards set forth in Sec. 29.05 below, an unsafe condition results in the streets, undue sedimentation
occurs in lakes, streams and drainage facilities; erosion endangers downstream property owners or their
property; or the public health and safety or general welfare of the citizens of the City is harmed.
•
0 Memorandum
DATE: November 27, 1996
TO: Public Services Committee
FROM: Chuck Dykstra Sr - Director Bldg Dept. �.
RE: Proposed rewrite of Electrical Ordinance
Attached please find a copy of the proposed Electrical Ordinance changes for your review.
Direct any questions you may have regarding same to Don Simon, Dave Bessy or myself.
•
0
Proposed
• MQSREGO ELECTRICAL. CODE REVISIONS
15 01 OBJECT AND PURPOSE
The object and purpose of this code is to safeguard persons and property from
hazards arising from the use of electrical energy by establishing minimum
standards for the installation and maintenance of electrical systems. The
licensing of electrical contractors e _: _, ___ does _
not certify competency or reliability.
15.02 SCOPE
(1) Regulations, when applicable. Except as regulated in �ien
+2- 15.021(4), the regulations of this code shall apply to the supply of
electricity and to all sales, rentals, leases, uses, installations,
alterations, repairs, connections, and maintenance of all electrical
material, wiring, conductors, fittings, devices, appliances, fixtures,
signs and apparatus, or parts thereof, or attachments therefore, hereafter
referred to as electrical equipment, which are intended to be, or are,
within, on, under, or near all buildings, structures, equipment and
premises.
15.021 APPLICABILITY
(1) Application This Code is applicable to all new installations,
• reconstructions alterations and extensions of electrical wiring on the
load side of the electric service point or any building, structure, or
other, utilizing electrical service.
(2)
(3)
Existing Installations. An exis
brouoht into compliance with Thi
if the electrical inspector dete
or the installation is not being
Change of Oc
above ceilin
wiring shall
new type of
system shall
conform to t
re
ing installation may be req
Code and within a specifie
mines there is a risk to li
used as originally installe
=upancV Alterations or Dam
3 wirina of an existing pre
be made to conform to the
Dccuoancy and all unused wi
be removed. Any alteration
he requirements for a new i
ire, lack of maintenance or
rements for a new installat
red to be
time period
age If the occupancy class or
Wise is changed the electrical
requirements of THIS CODE for t
ring above any suspended ceilin
s to an electrical system shall
nstallation. Any electrical sys
cnM
T2+ (4)Exceptions. The electrical license and permit regulations of this code
shall not apply to the following:
(a) The installation, alterations, or repair of electrical generation,
transmission, or distribution equipment, but not utilization
equipment, owned and operated by an electrical public utility
company.
(b) The installation, alterations, or repair of signal or communication
equipment where such equipment is owned and operated by a public
utility company.
(c) Any work in ships, railway cars, trackless trolleys, buses, aircraft,
automobiles, trailers, mobile homes and prefab assemblies.
(d) Any work in connection with electrical equipment used for radio and
television transmission, telephone and/or communication equipment,
but not including supply wires to such equipment.
(e) Any work involved in the manufacturing or testing of electrical
equipment or apparatus, but not including any permanent wiring or
equipment.
(f) Any work associated with:
1. The repair of plug -connected electrical appliances or devices
2 Permanently connected electrical appliances or devices which have
been electrically and mechanically disconnected and separated
from all sources of electrical supply by an electrical licensee.
The opening of switches or the blowing or removal of fuses shall
not be considered as electrical or mechanical disconnection or
separation.
(g) The installation or replacement of approved fuses which are not
oversize for the circuit involved.
15.025 CODE ADOPTED
The provisions of THIS CODE shall adopt and supplement all the laws and
regulations of the State of Wisconsin related to electrical installations and
include any future amendments, revisions or modifications thereto. By this
section, these laws and regulations are made a part of THIS CODE as if fully set
forth herein Where the requirements of the State Code and the provisions of
THIS CODE conflict the stricter requirements shall govern. The following
subsections reference but are not limited to specific State of Wisconsin
•Administrative Codes that are a part of THIS CODE and the laws and regulations
of the State of Wisconsin.
(1) Wisconsin State Electrical Code, Volume 2.
Wis. Administrative Code Chapter COMM 16 titled: Wisconsin State
Electrical Code Volume 2 is hereby adopted.
(2) Wisconsin Administrative Code, Chapter COMM 5.
Wis Administrative Code COMM 5 titled: Electrical Inspection and
Certification of Electrical Inspectors and Master Electricians is hereby
adopted.
(3) Uniform Dwelling Code.
Wis. Administrative Code Chapter ILHR 24 titled: Electrical Standards
applicable to one and two family new residential buildings, is hereby
adopted and is hereby applicable to alterations and additions to all
existing one and two family residential buildings and their accessory
buildings.
(4) National Electrical Code.
Wis. Administrative Code Section. COMM 16.12 which adopts with amendments
and incorporates by reference the National Electrical Code as adopted by
the National Fire Protection Association, is hereby adopted.
(5) Lighting Power Code.
Wis. Administrative Code Sections ILHR Tables 63.45-1 through 63.45-6
titled Lichtinq Power is hereby adopted.
0
15,.03 ENFORCEMENT
The inspector of buildings or his duly authorized representatives shall enforce
the regulations of this code.
The inspector of buildings in special cases shall have the authority and he is
J hereby empowered and directed to waive any of the regulations of this code, the
enforcement of which, in his judgment, would create an unsafe or dangerous
condition.
It shall be the duty of the Muskego Police and Fire Departments to assist the
inspector of buildings or any of his duly authorized representatives in the
enforcement of this code, and to permit and allow the inspector of buildings or
his representatives inside fire and police lines.
It shall be unlawful for any person to impersonate the inspector of buildings or
his duly authorized representative, to enforce or try to enforce any of the
regulations of this code.
It shall be the duty of every person who furnishes electric current to, or who
owns, sells, leases, or lets for hire, uses, designs, installs, repairs,
operates, maintains, or grants possession of any electrical equipment or
materials, wiring, or apparatus in the City to comply with the regulations of
this code.
The inspector of buildings or his duly authorized representative shall have the
right and authority to issue citations and/or cause the arrest, on direct
evidence or on information and belief, of any person who has violated or who is
suspected of having violated any of the regulations of this code
15.04 INTERPRETATIONS
to this code
the
inspector of buildings
shall have the authority to
•Pursuant
render interpretations
of
the regulations of this
code.'=cton"
15.05 RIGHT OF ENTRY
The inspector of buildings or his duly authorized representative shall have the
authority to enter all buildings and premises and all parts thereof, in order to
make an inspection, re -inspection, observation, examination, or test of
electrical equipment or wiring contained therein or thereon to enforce the
regulations of this code.
The inspector of buildings or his duly authorized representatives shall have the
authority, and they are hereby empowered, to order the removal of any and all
obstructions including lathe, plaster, lumber, boards and partitions, and to
b�eak all seals and •een all deefs windews ieeks, -1-atehes, and eatehe5 for the
purpose of gaining access to and inspection of electrical equipment or wiring.
15 06 INSPECTIONS
(1) Upon the completion of any installation, alteration, or replacement of
electrical equipment which requires a permit, it shall be the duty of the
licensee making the installation, alteration, or replacement, to notify
the inspector of buildings, who shall inspect the installation,
alteration, or replacement as soon thereafter as practicable. When any
electrical equipment, requiring a permit, is to be concealed by the
permanent placement of parts of the building, the licensee installing the
electrical equipment shall notify the inspector of buildings to that
. effect, and such equipment shall not be concealed by the person installing
such parts of the building until it has been inspected and approved by the
inspector of buildings. on installations where the concealment of
electrical equipment proceeds continuously, the licensee installing the
electrical equipment shall give the inspector of buildings due notice and
inspection shall be made periodically during the progress of work.
(a) Failure to request required inspections in a timely manner and/or
allowing work to be covered or put into use prior to receiving an
approved inspection shall result in the assessment of a penalty fee
against the permit holder and/or property owner, said penalty fee to
be as from time to time established by resolution of the Common
and listed in Table #3.
15.07 CITY NOT LIABLE
This code shall not be construed to relieve from or lessen the responsibility or
liability of any person supplying electricity to, or selling, renting, leasing,
owning, using, cp.erating, controlling, installing, altering, repairing,
removing, replacing, disturbing, connecting, disconnecting, or maintaining, any
electrical equipment, for damages to persons or property caused by any defect
therein or therefrom; nor shall the city be held as assuming any such
responsibility or liability by reason of the issuance or revocation of any
license, permit or certificate, or the inspection or reinspection authorized by
this code, or by reason of the approval or disapproval of any electrical
equipment, sales, rentals, drawings, plans, specifications, materials, samples,
test reports, literature, information or schedules, authorized in this code.
Nor shall the city be held liable for any damages resulting from the enforcement
of this code.
15.08 INSPECTOR -, INSPECTOR—, _BGAPa—ANB—ZEGREVARY NOT LIABLE
In all cases where any action is taken by the inspector of buildings eE�
_, ,: ^ and to enforce
the regulations of this code, such action or act shall be considered as done in
the name of and on behalf of the city, and the said inspector of buildings e-r
•member a he `eafd in shall not be judged
as liable for any damage that may accrue to persons or property as the result of
any such action or act committed in the discharge of his duties, and any lawsuit
or action brought against said inspector of buildings 0_r .� Pgeefetafy of
the i3eaiei L thefeef shall be defended by the city attorney of the city
until final termination of the proceedings contained therein.
15.09 (Reserved for future use)SOKPLAI'NTS
15 10 INFORMATION
All requests for information pertaining to and involving an interpretation of
this code shall be submitted in detail to the inspector of buildings. The
inspector of buildings shall not design or lay out any electrical installation
or act in the capacity of a consulting (electrical) engineer
15 11 RECORDS
The inspector of buildings shall keep a record of all electrical permits and
other electrical matters. The inspector of buildings may destroy such records
other than permits at any time after such records become ten years old.
L
1.5..12 LICENSES AND CERTIFICATES
(1.) License Required
No person firm or corporation shall install alter, repair, remove,
replace disturb connect disconnect, or maintain anv electrical
• equipment or accept any payments therefore in the Citv without first
having procured a license or a renewal thereof as regulated in this
section, except any person who is performing such work as a bona fide
employee of and for the holder of a license and any persons performing
work on electrical equipment exempt by Section 15.021(4).
(2.) Application for License and Fees
All applications for electrical contractors licenses shall be made to the
inspector of buildings on forms for such purpose.
(a.) Applicants for electrical contractors license and renewal thereof,
shall submit an affidavit verifying the nona fide full-time member o
the applicants business concern or a full-time employee and that
such certificate holder (master electrician) will have complete and
unquestionable authority and supervision over all matters regulated
by this code Such applications renewal and affidavits shall then b
reviewed by the inspector of buildings for approval or disapproval.
In cases of approvals the inspector of buildings shall issue
(electrical contractors) licenses permitting such business concerns
to install alter, repair, remove renew, replace„ disturb, connect,
disconnect or maintain any electrical equipment in the City.
Before such license is granted to an applicant the applicant shall
pay to the City Treasurer a annual fee as from time to time
established by resolution of the Common Council and listed on
(b.)
No holder of a State master electrician credential shall be named
on more than one electrical contractors license at the same time.
• (c.)
No renewals of any licenses shall be granted until the applicant
has fully complied with all of the regulations or this code. A11
licenses and renewals thereof shall expi:e annually on July 30th,
and shall be renewed prior to the date of expiration. No prorated
license fees shall be permitted. In the event a license is allowed t,
lapse the applicant shall meet all requirements of 15.12(2)(a.).
(d.)
In the event that the full-time services of a holder of a (master
electrician) State master electrician credential is interrupted or
terminated the holder of the State credential shall immediately
notify in writing the inspector of buildings and the (electrical
contractor's) license shall become null and void immediately upon
such interruption or termination. The licensee shall cease to do
electrical work until a new application and affidavit are filed as
regulated in paragraph (a) of this subsection and a new license is _
issued except that no additional license fees shall be paid within
the same license year.
(e.)
No license issued in accordance with the regulations of this code
shall be assignable or transferable and no license shall be used by
persons other than to whom issued.
(3.) Existing
Certificates of Examination and Licenses.
(a.)
All persons listed in the records of the office of the inspector of
buildings as being originally licensed through the City of Muskego's_
prior examination process at the time of passage of this ordinance,
shall be eligible for future renewals upon payment of all applicable
fees, provided such person shall continuously maintain a valid
C]
•
license/certificate. Should
city examination process, al
local license/certificate wi
nroduces valid DILHR credent
(b.) All electrical contractor
buildings and in force at
valid for the remainder o
renewed for a fee as from
the common council and li
takes effect on or before
s
15.13 PLANS AND SPECIFICATIONS
an
licenses issued
the time of pass
iouslV licensed through the
g license to lapse, such
stated unless person
bV the inspector of
aRe of this code shall be
license year anc
to time establis
n Table #3, prov
30th following t
reaft
u
ssaae o
At the time of the issuance of a permit the inspector of buildings may require
the manufacturer,- owner, installer or user of electrical equipment to submit
plans (drawings), data, and specifications, schedules or literature,
information, materials, samples or tests as may be necessary to determine the
fitness of equipment for safe installation and use
The approval of general buildings plans and specifications by the inspector of
buildings shall not be considered as including electrical plans and
specifications or electrical equipment.
15.14 PERMITS
(1) Permit Required. Except as regulated in Section 15.021(2-4), no electrical
equipment shall be installed, altered, renewed, replaced, or connected
without first procuring a permit therefore. No permit shall be required
for the -
che eR - -,-eeeptaeles replacement of
switches and receptacles for maintenance purposes.
(a.) Industrial Maintenance Permit Industrial Plants Factories, Large
Manufacturing facilities etc which regularly employ one or more
qualified individuals for in house maintenance may qualify for a
special Industrial Maintenance Permit. The Industrial Maintenance
Permit allows normal maintenance of existing equipment.
In no case shall anv holder of an Industrial Maintenance Permit be
nermitted to install or construct any additional electrical
(2) Application for Permits. Any holder of a license desiring a permit as
required by this code shall file with the inspector of buildings an
application for such permit in writing on a form furnished for such
purpose. Such application shall be signed by the licensee.
Such application shall describe and enumerate the electrical equipment to
be installed and shall give other reasonable information as may be
required by the inspector of buildings and, when required, shall be
accompanied by further information as regulated in other sections of this
code.
(3) Issuance of Permits.
(a) If upon examination it is found that the information on the
application is complete, the inspector of buildings shall issue a
permit; provided that the licensee agrees and expressly states that
he is fully capable, and in possession of knowledge and ability to
41 design, lay out, install, alter, or replace the work designated in
the application in accordance with the regulations of this code and
all other laws and ordinances pertinent thereto and will install
electrical equipment as described in the application for permit in a
safe, legal and workmanlike manner.
(b) The issuance of any permit or the serving of any notice shall not
• preclude compliance with all ordinances or other laws relating to
occupancy and use, construction, or zoning.
(c) No other electrical work shall be done except work as described in
the application for permit
(3) No permits to violators Applicants having outstanding orders, notices,
unpaid fees or forfeitures relative to this chapter or other chapters
enforced by the City, shall not be issued any additional permits, prior to
such orders notices unpaid fees or forfeitures being corrected and/or
paid to the Inspection Departments satisfaction.
(a) Exception; The inspector or other authorized individual may issue
permits to applicants with outstanding ordres notices, unpaid
fees or forfeitures when the permit is required to comply with
an outstanding order or notice.
(4) Work without permit. When any work is begun on the installation,
alteration, or replacement of any electrical equipment without first
obtaining a permit therefore, the inspector of buildings shall have the
power and authority to disconnect or order the disconnection immediately
of any such equipment and to stop such work until a permit has been
procured. See also 15.15(3). .
(5) Lapse of Permit.
(a) When any electrical work for which a permit has been issued is not
started within ninety (90)days from the date of the issuance of the
permit, or if there is cessation of such work which has been started
of more than six months, then said permit shall lapse and be void,
and no electrical work shall be begun or resumed until a new permit
is obtained and the fees prescribed in Section 15.15 are paid
therefore.
(b) eve emeepb ^_f t '' Requests for refund
shall be subject to arefund processing fee as from time to time
established by resolution of the Common Council and listed_in Table
43 In no event shall monies be refunded if any inspections have be
made.
15.15 PERMIT FEES
(1) Applicable fee rates; See Table #3. (Ord. 4836 - 04-21-94)
(2) Permit Fees The fees required by this code, shall be as from time to
time established by resolution of the Common Council and listed in Table
#3. Such resolution shall remain on file with the City Clerk and in the
office of the Building Inspector (Ord. #836 - 04-21-94)
(a) Municipal Projects. Fees are waived (Ord. #836 - 04-21-94)
(3) Penalty Fees. Penalty fees shall be charged when work is started before
permit is applied for and issued, said penalty fees shall be established
by resolution of the common Council and be listed on Table #3. (Ord. #836
- 04-21-94)
1.5_16 INSTALLATION STANDARDS
All methods and materials shall conform to and comply with all laws, rules,
orders and regulations of the State of Wisconsin.
15.17 CONNECTIONS TO INSTALLATIONS
It shall be unlawful for any person to make any connection from any source to
supply electricity to any electrical equipment for which a permit is required,
or which has been disconnected or ordered disconnected by the inspector of
buildings, until a certificate of authorization has been issued by the inspector
of buildings, authorizing the connection and use of such equipment.
15.18 APPROVAL OF ELECTRICAL. EQUIPMENT
It shall be unlawful for any person to install or use any type or kind of
electrical equipment in the City which has not been approved by the authority
enforcing this code
It shall be the policy of the inspector of buildings to approve, subject to the
regulations of this code, any type or kind of electrical equipment which has
been approved by the national bureau of standards, or any fa-teal=r NEC
recognized testing laboratory, or the State of Wisconsin or the authority
having jurisdiction.
15.19 INSTALLATION OF ELECTRICAL EQUIPMENT
Only that equipment which has been expressly made for electrical purposes shall
be installed for electrical purposes. Except as otherwise regulated in this
code, all electrical equipment which has been expressly made for electrical
purposes shall be installed or used in the exact manner and for the exact
purpose indicated by the manufacturer's instructions, markings, or labels. old
or secondhand equipment shall not be installed unless such equipment is in a
safe condition and approved by the authority having jurisdiction. Approved
electrical equipment and the original manufacturer's ratings, markings, or
labels thereon shall not be changed or altered in any manner, except that normal
replacements and repairs may be made to such equipment if the replacements and
repairs do not change the original characteristics or design.
15.20 SALE OF ELECTRICAL EQUIPMENT
It shall be unlawful for any person to advertise, sell, offer for sale, expose
for sale, grant possession of, offer to grant possession of, or dispose of in
any manner any type or kind of electrical equipment in the City which has not
first been approved, (see Section 15.18) by the inspector of buildings.
The regulations of this section shall not apply to a sale made by a person to
any person doing business outside of the City for delivery to such person
outside of the City, whether such delivery be made by vendor or vendee provided,
however, that such electrical equipment or materials are not offered or exposed
for sale in the City to the general public.
The sale, rental, installation, or repair of electrical equipment in the City
shall by implication warrant that the manufacturer, seller, installer, repairer,
or person receiving payment for rental thereof, guarantees that such electrical
equipment is of merchantable quality and not defective to the extent that it
will be dangerous to persons or property when put to the use for which it was
designed
15 21 UNSAFE OR ILLEGAL ELECTRICAL EQUIPMENT
When the inspector of buildings finds any electrical equipment to be unsafe or
dangerous to person or property, the person owning or using such electrical
equipment shall be notified in writing by the inspector of buildings to remove
or cause to be removed or to make any changes or repairs as determined by the
inspector of buildings so as to restore such electrical equipment to a safe
condition. Failure to comply with such notice within the time specified in such
notice shall be sufficient cause for the inspector of buildings to disconnect or
order the removal of, or order the discontinuance of electric service to said
• electrical equipment, or to cause the arrest of such person owning or using such
electrical equipment
In any case of emergency affecting the safety of person or property, or where
electrical equipment interferes with the work of the fire department, or where
electrical equipment is not installed in conformity with the regulations of this
code, the inspector of buildings shall have the authority to disconnect
immediately or cause the removal or disconnection of any such electrical
equipment.
When the inspector of buildings disconnects or causes to be disconnected
electric current from electrical equipment, he shall attach an official notice,
tag, lock, or seal to such electrical equipment to prevent the use of
electricity It shall be unlawful for any unauthorized person to attach such
official notice, tag, lock, or seal, or to break open, change, remove, destroy,
tear, alter, mutilate, cover, or otherwise deface or injure any such official
notice, tag, lock, or seal
15.22 SEIZURE OF ELECTRICAL EQUIPMENT
The inspector of buildings shall have the power and authority and he is hereby
authorized to seize and take possession of any electrical equipment or materials
or parts thereof or attachments therefore which in his opinion are dangerous to
life or property or which are suspected or found by him to have been the cause
of any fire, accident, injury, or fatality, and to retain possession of same for
the purpose of making an investigation, examination or for official evidence.
After such electrical equipment or materials, in the possession of the inspector
of buildings have served their purposes, and an official report and record
thereof have been made, such electrical equipment or materials shall be returned
to the owner, provided said owner requests in writing their return within 90
days from the date of their seizure. If no such request is made, such equipment
or materials may be destroyed of disposed of.
15 23 UNDERGROUND WIRING
All new electrical service entrance cables from the utility shall be installed
underground. Temporary services used for construction purposes only, may be
installed overhead, providing such service will be terminated within 90 days.
15.24 APPEAL
Whenever the
inspector of buildings shall determine that all or part of the
electrical work
of any building is not in strict compliance with the provisions
of this code,
he shall in cases where the construction is in progress, give five
(5) days written
notice thereof to the contractor on the job; in all other cases
he shall give
five (5) days notice thereof to the owner or his authorized agent
or attorney.
Such contractor or owner may, within five (5) days after receiving
such notice,
file a petition in writing for a review of said action of the
inspector of
buildings. Said petition may be filed either with the chairman or
with any one
of the members of the Board of Appeals of the City of Muskego,
created under
the provision of the Municipal Code, Section 1.05 (3) and pursuant
to Wisconsin
Statute 62.23 (7)(e). Upon receipt thereof the board shall meet
and forthwith
determine whether said electrical construction complies with the
requirements
of this code and the State and National electrical codes; thereupon
the chairman
of said Board of Appeals shall cause written findings and decision
to be filed,
reflecting the action of said Board of Appeals and shall further
cause a copy
thereof to be mailed or delivered to such contractor or owner.
15.25 VIOLATIONS 6 PENALTYIES
• (1)
Violations It shall be unlawful for
any person
firm or corporation to
erect construct install alter, repair,
move
demolish, convert, egui
use, occupy or maintain any building
structure
or premise in the City,
t in violation of any provisions
of
This Code or to cause,
contrary o or
permit or support the same to be done.
(2) Penalties Any person firm or corporation that
provisions of This Code shall forfeit not less t
or more than five hundred dollars($500.00)for ea
with the costs of prosecution and in default of
forfeiture and costs shall be confined in the Wa
Correction until such forfeiture and costs are p
number of days set forth in sec. 800.095(4) of t
Each and every day during which any such violati
constitute a separate offense.
(3) Inju.nctive Action and Abatement. In addition to
subsection (2) appropriate legal or equitable a
obtain compliance or enjoin any person, firm or
anv of the sections of This Code.
•
11 violate any of the
fifty dollars ($50.00
violation, together
yments of such
sha County House of
, for not more than th
Wisconsin Statutes.
continues shall
penalties provided in
REPORT BY CHUCK DYKSTRA, SR.
TO THE PUBLIC SERVICES COMMITTEE
• January , 1997
CITATIONS
Meadow Green #3 - Gregory, Gloria, Gary and Pam Boehm
#244513 Performing land disturbing activities without
permit. Trial scheduled in Waukesha Circuit
Court for January 3, 1997.
Waukesha Circuit Court (1-3-97), resulted in
110.000 forfeiture and 2 vear probation Derio
0
W188 58276 Mercury Dr. - Dale Kriel DBA/Country Lakes Marine
#244520 6 Performing construction alterations without a
255624 permit and performing alterations to plumbing
without a permit. City appealing decision on
plumbing citation to Circuit Court and Kriel
appealing guilty verdict on construction citation.
Parties have stipulated to consolidate these two
cases and one Plan Dept. case into one court. Jury
trial scheduled December 17th. City filed motion
with court for an injunction to stop Kriel from
doing business until site is in compliance. Judge
Mawdsley allowing 30 day extensions providing
progress realized each 30 days. Attorney Trindl
attempting to get hearing with Judge Mawdsley
• prior to December 17th trial to revisit injunction
possibilities, since last deadline missed.
December 17th rescheduled to January 7, 1997, and
ative
W151 510282 Thode Dr. - Robert Haffner
#244523 Performing land disturbing activities without a
valid permit. $999.88 citation paid 10-10-95
to County Court Judge stayed $10,172.12 balance.
City appealing Judge's ability to stay forfeiture.
DNR permit approved, local permit issued February
29, 1996. Forfeiture issue not yet resolved by
Court. Judge Murphy (Circuit Court) sent matter
back to Judge Lenz; Judge Murphy ruled case not
yet ripe for appeal. Scheduled to be heard in
Muskego Court September 7, 1996. Parties could
not agree on forfeiture matter set for trial
October 5, 1996.Payment forwarded from County
received 9-17-96 999.88 Adjourned from October 5th
due to DNR staff schedule conflict, new date
December 14, 1996. 12/14/96 trial, Judge Lenz
upheld prior decision and maintained original
forfeiture of 511.172. Haffner appealed decision
CI
W190 57052 Wentland Drive - Tom Roesler
M244537 Installed and connected electrical equipment
without obtaining a permit. Initial appearance was
September 7, 1996. Roesler agreed to contact
• Building Department and obtain permit. Set for
further proceedings December 14, 1996. Permits
obtained, penalty fees collected, citation
dismissed.
•
W179 56942 Elm Drive - Steven Weiner
M244538 Installed electrical equipment without obtaining
permit. Initial appearance September 7, 1996.
Found guilty by default, $98.80 forfeiture due.
5107 W17687 Muskego Dam - Wind Lake Management District
M244539 Commenced and continued lake disturbing activities
prior to paying required fees and receiving
permit. Attorney Jeff Krill retained to represent
District, no compliance to date. Initial
appearance December 14, 1996. Dlead not Guilty.
W190 57602 Richdorf Drive - Daniel Serdyn
M244540 Failure to make required corrections to
deteriorated roof structure. Scheduled for
initial appearance January 8, 1997.
TXTCITY/COUNCIL
SAFETY
E
MEMO
PLANNING DE
To: Public Services Committee
CC: Mayor DeAngelis
Atty. Molter
Carlos Trejo, Asst. Planner
From:
Matthew
G.
Sadowski, AICP, Director of
Date:
January
6,
1997
Re: Farm Produce Sales Ordinance Summaries
Planning
sssfr*,�**r,r*ir**,r**r*,►,►**r****,rrr*rtr**t*,r*t*ri*ri*rrf*,rsssis*rss
The volume of information given to the Committee in my memo of
December 20, 1996 was quite extensive. Below is a summary of the
ordinance proposals to date:
Ordinance As Published:
"Sales of farm produce such as fruits, vegetables, flowers and
seedlings are permitted on the property where subject produce
is grown. Plan Commission review and approval is not required
unless traffic congestion becomes a concern, or the residential
character of the neighborhood is compromised. Such activities
existing prior to the adoption of this ordinance shall be
exempt unless traffic congestion becomes a concern. Such
preexisting activities shall not be expanded or enlarged."
First Suggested Ordinance Following Public Hearing:
"Sales of farm produce such as fruits, vegetables, flowers and
seedlings are permitted on the property if grown by the
occupant of said property in conjunction with farm operations
on this site and/or•sites adjacent to this site. Plan
Commission review and approval is not required unless traffic
congestion becomes a concern, or the residential character of
the neighborhood is compromised."
"Sales of farm produce such as
seedlings are permitted on the
occupant of said property in c
on this site and/or sites unde
leased or owned. Plan Commission review and approval is not
regurre� unless traffic congestion becomes a concern, or the
residential character of the neighborhood is compromised."
g Public Hearing:
fruits, vegetables, flowers and
property if grown by the
njunction with farm operations
Third Suggested Ordinance Based Upon Comments Of The Public \�l�l
• Services Committee: J
"All those uses as listed in Chapter 12.03(3 s all be
permitted without Plan Commission approval unless traffic
congestion is a concern, or the residential integrity of the
subject and adjacent properties is compromise¢.. Agricultural
roduce sales shall be of a seasonal nature./ Produce stands
offering goods no grown at the p- oil of les shall conform to
17:8.19(7)B.2. unless the operational characteristics are such
that the activity should be confined to a district zoned for
business activity.'-�
It is recommended that the ordinance version chosen be added to the
RCE district under Permitted Accessary Uses. The RCE district
establishes all the permitted uses in the residential districts.
cs,} P� ,vim GPII
0
• SIGN -IN SHEET FOR CITY MEETINGS
PLEASE PRINT YOUR NAIME AND AGENDA ITEM BELOW. THANK YOU.
Meetina: Date: -97
ITEM
•
LI