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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