CHAPTER 13

TOWN BUILDING CODE

13.01 SCOPE

(1) Title. These regulations (Chapters 12, 13 and 14) shall be known as the Town Building Code. They shall control all matters concerning the construction, alteration, addition, repair, removal, demolition, use, location, occupancy and maintenance of all buildings and structures and their service equipment as herein defined and shall apply to existing or proposed buildings and structures; except as such matters are otherwise provided for, or other ordinances or statutes.

(2) Code Remedial. The Town Building Code shall be construed to secure its expressed intent and insure public safety, health and welfare insofar as they are affected by building construction, through structural strength, adequate egress facilities, sanitary equipment, light and ventilation and fire safety; and in general, to secure safety to life and property from all hazards incident to the design, erection, repair, removal, demolition or use and occupancy of buildings, structures, or premises.

13.02 MATTERS COVERED

The provisions of the Town Building Code shall apply to all buildings and structures and their appurtenant constructions, including vaults, area and street projections, and accessory additions; and shall apply with equal force to municipal, county, state and private buildings; except where such buildings are otherwise specifically provided for by statute.

(1) Exemptions. No building or structure shall be constructed, extended, repaired, removed or altered in violation of these provisions, except for ordinary repairs as defined in Section 13.03 hereof and except further that the raising or lowering or moving of a building or structure as a unit necessitated by a change in legal ,trade or widening of a street shall be permitted, provided the building is not otherwise altered or its use or occupancy changed.

(2) Matters not provided for. Any requirement essential for structural, fire or sanitary safety of an existing or proposed building or structure or essential for the safety of the occupants thereof and which is not specifically covered by the Building Code shall be determined by the Building Inspector, subject to review by the Town Board or board duly authorized to hear such appeal.

(3)Continuation of Unlawful Use. The continuation of occupancy or use of a building or structure, or of a part thereof which occupancy or use is commenced after January 3, 1969, contrary to the provisions of the Town Building Code, shall be deemed a violation and subject to the penalties as prescribed in Section 13.22(3).

13.03 ORDINARY REPAIRS

Ordinary repairs to buildings may be made without application or notice to the Building Inspector but such repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the exit requirements; nor shall ordinary relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety.

13.04 INSTALLATION OF SERVICE EQUIPMENT

When the installation, extension, alteration or major repair of an elevator, moving stairway, mechanical equipment, refrigerating, air conditioning or ventilating apparatus, plumbing, gas piping, electric wiring heating system or any other equipment is specifically controlled by the provisions of the Town Building Code or the approved rules, it shall be unlawful to use such equipment until a certificate of approval has been issued therefor by the Building Inspector.

13.05 MAINTENANCE

All buildings and structures and all parts thereof, both existing and new, shall be maintained in a safe and sanitary condition. All service equipment, means of egress, devices and safeguards which are required by the Town Building Code in a building, or which were required by a previous Code in a building when erected, altered or repaired, shall be maintained in good working order.

(1) Owner Responsibility. The owner or his designated agent shall be responsible for the safe and sanitary maintenance of the building or structure and its exit facilities at all times.

13.06 CHANGE IN EXISTING USE

(1) Continuation of Existing Use. The legal use and occupancy of any structure existing on June 30, 1976, or for which it had been heretofore approved, may be continued without change, except as may be specifically covered in the Town Building Code or as may be deemed necessary by the Building Inspector for the general safety and welfare of the occupants and the public.

(2) Change in Use. It shall be unlawful to make any changes in the use or occupancy of any structure which would subject it to any special provision of the Town Building Code without approval of the Building Inspector and his certification that such structure meets the provisions of law governing building construction for the proposed new use and occupancy.

13.07 EXISTING BUILDINGS

Except as provided in this section, existing buildings when altered or repaired as herein specified shall be made to conform to the full requirements of the Town Building Code for new buildings.

(1) Alterations Exceeding Fifty Percent. If alterations or repairs are made within any period of 12 months, costing in excess of 50 percent of the physical value of the building.

(2) Damages Exceeding Fifty Percent. If the building is damaged by fire or any other cause to an extent in excess of 50 percent of the physical value of the building before the damage was incurred.

(3) Alterations Under Fifty Percent. If the cost of alterations or repairs described herein is between 25 percent and 50 percent of the physical value of the building, the Building Inspector shall determine to what degree the portions so altered or repaired shall be made to conform to the requirements for new buildings.

(4) Alterations Under Twenty Five Percent. If the cost of alterations or repairs described herein is 25 percent or less of the physical value of the building, the Building Inspector shall permit restoration of the building to its condition previous to damage or deterioration with the same kind of materials as those of which the building was constructed; provided that such construction does not endanger the general safety and public welfare.

(5) Increase in Size. If the building is increased in floor area or number of stories, the entire building shall be made to conform with the requirements of the Town Building Code in respect to means of egress, fire safety, light and ventilation.

(6) Part Change in Use. If a portion of the building is changed in occupancy or to a new use group and that portion is separated from the remainder of the building with the required vertical and horizontal fire divisions complying with the fire grading, then the construction involved in the change shall be made to conform to the requirements for the new use and occupancy and the existing portion shall be made to comply with the exit requirement.

(7) Physical Value. In applying the provisions of this section, the physical value of the building shall be determined by the Town Assessor based on current replacement costs.

13.08 DEPARTMENT OF BUILDING AND HOUSING INSPECTION

(1) Building Official. The department of building and housing inspection of the Town is hereby created and the executive official in charge thereof shall be known as the Building Inspector.

(2) Appointment. The Building Inspector shall be appointed by the Town Board; and lie shall not be removed from, office except for cause and after full opportunity has been granted him to be heard on specific and relevant charges by and before the appointing authority.

(3) Organization. The Building Inspector shall appoint such number of officers, technical assistants, inspectors and other employees as shall be necessary for the administration of the Town Building Code and as authorized by the Town Board.

(4) Deputy. The Building Inspector may designate an employee as his deputy who shall exercise all the powers of the Building Inspector during the temporary absence or disability of the Building Inspector.

(5) Restriction on Employees. No official or employee connected with the department of building inspection shall be engaged in or directly or indirectly connected with the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a building, or the preparation of plans or of specifications therefor, unless he is the owner of the building; nor shall such officer or employee engage in any work which conflicts with his official duties or with the interests of the department.

(6) Relief from Person Responsibility. The Building Inspector, officer or employee changed with the enforcement of the Town Building Code, while acting for the Town, shall not thereby render himself liable personally, and he is hereby relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his official duties. Any suit instituted against any officer or employee because of an act performed by him in the lawful discharge of his duties and under the provisions of the Town Building Code shall be defended by the Town Attorney until the final termination of the proceedings. In no case shall the Building Inspector or any of his subordinates be liable for costs in any action, suit or proceeding that may be instituted in pursuance of the provisions of the Town Building Code; and any officer of the department of building inspection, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of his official duties in connection therewith.

(7) Official Records. An official record shall be kept of all business and activities of the department, and all such records shall be open to public inspection at all appropriate times.

13.09 DUTIES AND POWERS OF BUILDING INSPECTOR

The Building Inspector shall enforce all the provisions of the Town Building Code and shall act on any question relative to the mode or manner of construction and the materials to be used in the erection, addition to, alteration, repair, removal, demolition, installation of service equipment, and the location, use, occupancy, and maintenance of all buildings and structures, except as may, otherwise be provided for by statutory requirements or as herein provided.

(1)Applications and Permits. He shall receive all applications and be responsible for all permits issued for the erection and alteration of buildings and structures and the examination of premises for which such permits have been issued and the enforcement of compliance with the Town Building Code provisions.

(2) Building Notices and Orders. He shall issue all necessary notices or orders to remove illegal or unsafe conditions, to require the necessary safeguards during construction, to require adequate exit facilities in existing buildings and structures, and to insure compliance with all the code requirements for the safety, health and general welfare of the public.

(3) Inspections. He shall make all the required inspections, or he may accept reports of inspection of authoritative and recognized services or individuals; and all reports of such inspections shall be in writing and certified by a responsible officer of such authoritative service or by the responsible individual; or he may engage such expert opinion as he may deem necessary to report upon unusual technical issues that may arise, subject to the approval of the appointing authority.

(4) Research and Investigations. He shall make or cause to be made investigations of new developments in the building industry. Subject to local climatic or other conditions, he shall accredit tests meeting the functional requirements of the Town Building Code conducted by accredited authoritative agencies; or he may accept duly authenticated reports from the Building Officials Conference of America, or from recognized authoritative sources of all new materials and methods of construction proposed for use which are not specifically provided for in the Town Building Code. The costs of all tests or other investigations required under these provisions shall be paid by the applicant.

(5) Department Records. He shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. File copies of all papers in connection with building operations shall be retained in the official records so long as the building or structure to which they relate remains in existence; and such records shall be furnished to other departments.

(6) Reports. He shall submit periodic reports as required by the Town Board, and an annual report summarizing the preceding year to tile municipal governing body.

13.10 RULES AND REGULATIONS

(1) Rule Making Authority. The Building Inspector shall have power as may be necessary in the interest of public safety, health and general welfare, to adopt and promulgate rules and regulations to interpret and implement the provisions of the Town Building Code to secure the intent thereof and to designate requirements applicable because of local climatic or other conditions; but no such rules shall have the effect of waiving working stresses or fire-resistive requirements specifically provided in the Town Building Code or of violating accepted engineering practice involving public safety.

(2) Promulgation of Rules. No rule or regulation shall become effective until after the intention to adopt such rules shall have been published in accordance with local ordinances.

(3) Amendment of Rules. All rules adopted by the procedure herein established shall have the same effect as provisions of the Town Building Code; but such rules may be amended or repealed at any time by the same procedure herein prescribed for their adoption.

13.11 MODIFICATIONS

(1) Variations. When there are practical difficulties involved in carrying out structural or mechanical provisions of the Town Building Code or of an approved rule, the Building Inspector may vary or modify such provision upon application of the owner or his representative, provided that the spirit and intent of the law shall be observed and public welfare and safety be assured.

(2) Written Modification. The application for modification and the final decision of the Building Inspector shall be officially recorded with the permanent application for the permit in the permanent records of the Department of Building Inspection.

13.12 INSPECTION

(1) Preliminary Inspection. Before issuing a permit, the Building Inspector shall examine or cause to be examined all buildings, structures and sites for which an application has been filed for a permit to construct, enlarge, alter, repair, remove, demolish or change the use thereof; and he shall conduct such inspections from time to time during and upon completion of the work for which he has issued a permit; and he shall maintain a record of all such examinations and inspections and of all violations of the Town Building Code.

(2) Final Inspection. Upon completion of the building or structure, and before issuance of the certificate of use and occupancy required in this section, a final inspection shall be made and all violations of the approved plans and permit shall be noted and the holder of the permit shall be notified of the discrepancies.

13.13 RIGHT OF ENTRY

In the discharge of his duties, the Building Inspector or his authorized representative may enter at any reasonable hour any building, structure or premises in the Town to enforce the provisions of the Town Building Code.

13.14 APPLICATION FOR PERMIT

(1) When Permit is Required. It shall be unlawful to construct, enlarge, alter, remove or demolish, or change the occupancy of a building from one use group to another requiring greater strength, exit or sanitary provisions; or to change to a prohibited use; or to install or alter any equipment for which provision is made or the installation of which is regulated by the Town Building Code, without first filing an application with the Building Inspector on the form provided in writing and obtaining the required permit therefor, except that ordinary repairs as defined in Section 13.03 which do not involve any violation of the Town Building Code shall be exempt from this provision.

(2)By Whom Application is Made. Application for a permit shall be made by the owner or lessee of the building or structure, or agent of either, or by the licensed engineer or architect employed in connection with the proposed work. If the application is made by a person other than the owner in fee, it shall be accompanied by a duly verified affidavit of the owner or the qualified person making the application that the proposed work is authorized by the owner in fee and applicant is authorized to make such application. The full names and addresses of the owner, lessee, applicant, and of the responsible officers, if the owner or lessee is a corporate body, shall be stated in the application.

(3) Description of Work. The application shall contain a general description of the proposed work, its location, the use and occupancy of all parts of the building or structure and of all portions of the site or lot not covered by the building, and such additional information as may be required by the Building Inspector.

(4) Plans and Specifications. The application for the permit shall be accompanied by not less than 2 copies of specifications and of plans drawn to scale, with sufficient clarity and detail dimensions to show the nature and character of the work to be performed. When quality of materials is essential for conformity to the Town Building Code, specific information shall be given to establish such quality; and in no case shall this code be cited or the term "legal" or its equivalent be used as a substitute for specific information.

(5) Plot Diagram. There shall also be filed a plot plan showing to scale the size and location of all the new construction and all existing structures on the site, distances, from lot lines and the established street grades; and it shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the plot plan shall show all construction to be demolished and the location and size of all existing buildings and construction that are to remain on the site or plot.

(6) Engineering Details. The Building Inspector may require adequate details of structural, mechanical and electrical work including computations, stress diagrams and other essential technical data to be filed. All engineering plans and computations shall bear the signature of the engineer or architect responsible for the design.

(7) Amendments to Application. Subject to the limitations of Subsection (8) amendments to a plan, application or other records accompanying the same may be filed at any time before completion of the work for which the permit is sought or issued; and such amendments shall be deemed part of the original application and shall be filed therewith.

(8) Time Limitation of Application. An application for a permit for any proposed work shall be deemed to have been abandoned 6 months after date of filing, unless such application has been diligently prosecuted or a permit shall have been issued; except that for reasonable cause, the Building Inspector may grant one or more extensions of time for additional periods not exceeding 90 days each.

13.15 PERMITS

(1) Action on Application. The Building Inspector shall examine or cause to be examined all applications for permits and amendments thereto within 48 hours time after filing. If the applicant or the plans do not conform to the requirements of all pertinent laws, he shall reject such application in writing stating the reasons therefor. If he is satisfied that the proposed work conforms to the requirements of the Town Building Code and all laws and ordinances applicable thereto, he shall issue a permit therefor as soon as possible.

(2)Suspension of Permit. Any building permit issued shall become invalid twenty-four (24) months after the date the building permit is issued. An existing valid building permit may be re-issued for an additional twenty-four (24) months provided the re-issued building permit conforms to the requirements of the Town Building Code and all laws and ordinances applicable existing at the date of re-issuance. A re-issued building permit fee shall be 100% of the original fee.

(3) Previous Approvals. Nothing in the Town Building Code shall require changes in the plans, construction or designated use of a building for which a lawful permit has been heretofore issued or otherwise lawfully authorized, and the construction of which shall have been actively prosecuted within 90 days after and the entire building shall be completed as authorized within 2 years after the date of approval of the application.

(4) Signature to Permit. The Building Inspector shall attach his signature to every permit.

(5) Approved Plans. The Building Inspector shall stamp or endorse in writing both sets of corrected plans "Approved" and one set of such approved plans shall be retained by him and the other set shall be kept at the building site, open to inspection of the Building Inspector or his authorized representative at all reasonable times.

(6) Revocation of Permits. The Building Inspector may revoke a permit or approval issued under the provisions of the Town Building Code in case of any false statement or misrepresentation of fact in the application or on the plans on which the permit or approval was based.

(7)Approval in Part. The Building Inspector may issue a permit for the construction of foundations or any other part of a building or structure before the entire plans and specifications for the whole building have been submitted, provided adequate information and detailed statements have been filed complying with all the pertinent requirements of the Town Building Code. The holder of such permit for the foundations or other part of a building or structure shall proceed at his own risk with the building operation and without assurance that a permit for the entire structure will be granted.

(8) Posting of Permit and Site Plans. A true copy of the building permit shall be kept on the site of operations open to public inspection during the entire time of prosecution of the work and until the completion of the same.

13.16 CONDITIONS OF PERMIT

(1) Payment of Fees. No permit shall be issued until the fees have been paid.

(2) Compliance with Code. The permit shall be a license to proceed with the work and shall not be construed as authority to violate, cancel or set aside any of the provisions of the Town Building Code, except as specifically stipulated by modification or legally granted violation as described in the application.

(3) Compliance with Permit. All work shall conform to the approved application and plans for which the permit has been issued and any approved amendments thereto.

(4) Compliance with Plot Plan. All new work shall be located strictly in accordance with the approved plot plan.

(5) Change in Plot Plan. No lot or plot shall be changed, increased or diminished in area from that shown on the official plot plan, unless a revised diagram showing such changes accompanied by the necessary affidavit of owner or applicant shall have been filed and approved; except that such revised plot plan will not be required if the change is caused by reason of an official street opening, street widening or other public improvement.

(6) Cleanliness - Removal of Debris. Every building shall be kept reasonably clean, during construction and after construction, and shall be kept reasonably free from any accumulation of dirt, filth, rubbish, garbage, excess building materials or other matter in or on the same, or in the yards, courts, passages, areas or alleys connected with or belonging to the same. Streets shall be kept clear and clean of boards, nails or other debris, and shall be further kept clean of accumulation of dirt, mud or ground. The holder of the permit, whether it be the owner of the premises upon which construction is being undertaken, or the general contractor, or any subcontractor on said building project, shall be responsible for hauling all rubbish and debris away from the construction site, at the contractor's expense, or the expense of the subcontractor or the owner, as agreed between the parties, all at no cost to the Town of Menasha. This section includes residential, commercial and industrial construction and any remodeling of existing residential, commercial or industrial properties. This section may be enforced, as herein provided, or under public nuisances, under the abatement thereof.

13.17 MOVING OF BUILDINGS[Amended per Town Board 9/28/92]

(1) Permit Required. No building shall be moved over the streets or roads of the Town unless a permit has been granted by the Town Board.

(2) Procedure. Any person wishing to move a building over the streets or roads of the Town shall make application to the Building Inspector on a form provided by the Building Inspector. Such application shall be signed by the owner of the property to where the building is being moved. The Building Inspector shall review the application and make a written recommendation to the Town Board. The Town Board shall either approve or disapprove the request for a building move. Upon approval by the Town Board, the Building Inspector shall issue a building moving permit for relocation of the building in accordance with the application and in accordance with all Town ordinances and State law. The building moving permit shall be limited in scope to only provide for the relocation of a building in accordance with all Town ordinances and State law.

(3) Permit to State Requirements. Every permit issued shall state all conditions to be complied with; designate the route to be taken; and the limit of time for removal.

The moving of the building shall be continuous during all hours of the day and day by day if the Town Board so orders until the moving is completed, to cause the least possible obstruction to streets or roads.

No building shall be allowed to remain stationary overnight on any street or road, crossing or intersection.

Red warning lights shall be placed conspicuously at both ends of the building during the night.

The mover of the building shall report daily to the Town Fire Department and the Town Police the location of the building on the street or road.

The mover of the building shall contact the Town Fire Department and Town Police Department as to the date and time of the move.

If a building being moved must remain stationary on a street or road for any period of time, permission for such shall be obtained from the designated authority and the Building Inspector and shall be so placed as to permit easy access to any fire hydrant.

(4) Permits to be Granted. No permit shall be granted by the Town Board for the moving of buildings over the streets or roads of the Town without certain conditions being met as follows:

(a) The building shall be of such length, height and width that in the opinion of the Building Inspector, it will not interfere with power lines, trees, and other structures along the route to be traveled.

(b) No building shall be moved over a bridge in the Town.

(c) The applicant shall deposit with the Town Clerk a bond of $2,000.00 with acceptable surety running to the Town conditioned that he will save and indemnify the Town against any costs, expenses, or damages which may in any way accrue against the Town by reason of moving and will hold the Town harmless against all liabilities, judgments, costs and expenses as a consequence of the granting of a permit.

(5)Inspector to be Appointed. The mover of any building to whom a permit has been granted shall notify the Building Inspector of the time when moving is to begin.

The Building Inspector may appoint an inspector be present during the moving operations to supervise such moving. The appointment of an inspector in no way relieves the mover from any liability for damage that may be done during the moving operation. The Building Inspector may also request the Town Maintenance Inspector to trim the necessary trees along the route. The costs of the inspector and tree trimmers shall be billed at actual cost to the mover.

(6)Buildings Moved Within Town

(a)No building shall be moved from one location to another location within the Town limits without certain conditions being met.

(b) The Building Inspector shall issue a building moving permit for the relocation of said building in compliance with all building and zoning regulations. No building moving permit shall be issued until prior to Town Board approval has been obtained.

(c) A relocation shall not be made if there is a protest. A protest of the relocation duly signed and acknowledged by the owners of 20 percent or more of the land immediately adjacent extending 100 feet therefrom or by the owners of 20 percent or more of the land directly opposite thereto extending 100 feet from the street or road frontage of such opposite land unless so granted by a 3/4 vote of the Town Board.

(d) No building shall be moved from one location to another location within the Town if said building has been in existence more than 50 percent of its estimated life expectancy as set forth in Boeckh's Manual of Appraisals Depreciation Table for Buildings.

(e) No building shall be moved from outside the corporate limits of the Town to within the corporate limits of the Town, unless approved by the Town Board and the Building Inspector under (b) above.

(f) No building shall be moved from within the Town to outside the Town unless approved by the Town Board.

(7) Moving of Small Buildings on Trucks or Trailers

(a) Smaller buildings of one story in height and not more than 14 feet wide including cornice may be moved on a truck or trailer equipped with pneumatic tires.

(b) All conditions required for the moving of buildings shall be met except for Subsection (4)(c). The following will replace it:

(1) A police escort shall be required if a bridge is to be crossed.

(8) Time Limitations and Special Provisions

(a) All sites which have either a hole or a basement located on the lot for the purpose of moving a building to the site or from the site shall have a protective fence surrounding the hole or basement foundation. The protective fence shall be at least four feet tall and shall not allow for a six inch sphere to pass through the fence. The fence shall be in good condition and shall prevent entry onto the hole site. The protective fence as described herein shall remain at the site during all times the hole or basement foundation remains open. However, no protective fence shall be allowed for a period of time to exceed twelve months from the date the hole or open basement foundation is established. Prior to the end of the twelve-month time frame, a building shall be placed upon the hole or open basement foundation site. In the event the hole or open basement foundation is not covered with a building as provided herein, then the Town shall provide notice to the owner of the land that pursuant to the police powers of the Town if the open hole or open basement foundation is not covered with a building within thirty days, then the Town, at the Town's discretion, may remove any basement foundation and restore the site to grade. Any costs incurred by the Town's action as set forth herein shall be billed to the owner of the property and placed as a special lien against the property.

13.18 DEMOLITION OF BUILDINGS

Service Connections. Before a building can be demolished or removed, the owner or agent shall notify all utilities having service connections within the building such as water, electric, gas, sewer and other connections. A permit to demolish or remove a building shall not be issued until a release is obtained from the utilities, stating that their respective service connections and appurtenant equipment such as meters and regulators, have been removed or sealed and plugged in a safe manner.

13.19 REMOVAL OF BUILDINGS

(1) Notice to Adjoining Owners. Only when written notice has been given by the applicant to the owners of adjoining lots and to the owners of wired or other facilities, of which the temporary removal may be necessitated by the proposed work, shall a permit be granted for the removal of a building or structure.

(2)Lot Regulation. Whenever a building is demolished or removed, the premises shall be maintained free from all unsafe or hazardous conditions by the proper regulation of the lot, restoration of established grades and the erection of the necessary retaining walls and fences in accordance with the ordinances.

13.20 FEES

(1) No permit to begin work for new construction, alteration, removal, demolition or other building operation shall be issued until the fees prescribed in this code shall have been paid to the Building Inspector, nor shall an amendment to a permit, necessitating an additional fee because of an increase in the estimated cost of the work involved, be approved until the additional fee shall have been paid.

(2) Special Fees. The payment of the fee for the construction, alteration, removal or demolition and for all work done in connection with or concurrently with the work contemplated by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that may be prescribed by law or ordinances for water taps, sewer connections, electrical permits, erection of signs and display structures, marquees or other appurtenant structures, or fees for inspections, certificates of use and occupancy or other privileges or requirements, both within and without the jurisdiction of the Building Inspector.

(3) New Construction and Alterations. The fee for a building permit shall be based on the square feet of the structure, or as otherwise prescribed in the local ordinances, and the Building Inspector may establish by approved rules a schedule of square foot rates for buildings and structures where not established by the Town Board.

(4) Moving of Buildings. The fee for a building permit for the removal of a building or structure from one lot to another or to a new location on the same lot shall be $15.00 and shall be paid to the Town Clerk.

(5) Demolition. The fee for a permit for the demolition of a building or structure shall be at the rate set by the Town for each building or structure.

(6) Accounting. The Building Inspector shall keep an accurate account of all fees collected for building permits; and such fees collected by him shall be deposited monthly in the Town treasury, or otherwise disposed of as required by law.

(7) Refunds. In the case of a revocation of a permit or abandonment or discontinuance of a building project, the volume of work actually completed shall be computed and any excess fee for the incomplete work shall be returned to the permit holder; except that all penalties that may have been imposed on the permit holder under the requirements of the Town Building Code shall first be collected.

13.21 CERTIFICATE OF USE AND OCCUPANCY

(1) New Buildings. No building hereafter erected shall be used or occupied in whole or in part until the certificate of use and occupancy shall have been issued by the Building Inspector.

(2) Buildings Hereafter Altered. No building hereafter enlarged, extended or altered to change from one use group to another, in whole or in part, and no building hereafter altered for which a certificate of use and occupancy has not been heretofore issued, shall be occupied or used until the certificate shall have been issued by the Building Inspector, certifying that the work has been completed in accordance with the provisions of the approved permit; except that any use or occupancy, which was not discontinued during the work of alteration, shall be discontinued within 30 days after the completion of the alteration unless the required certificate is secured from the Building Inspector.

(3) Existing Buildings. Upon written request from the owner of an existing building, the Building Inspector shall issue a certificate of use and occupancy, provided there are no violations of law or orders of the Building Inspector pending, and it is established after inspection and investigation that the alleged use of the building has heretofore existed. Nothing in the Town Building Code shall require the removal, alteration or abandonment of, or prevent the continuance of the use and occupancy of a lawfully existing building, unless such use is deemed to endanger public safety and welfare.

(4) Changes in Use and Occupancy. After a change of use has been made in a building, the reestablishment of a prior use that would not have been legal in a new building of the same type of construction is prohibited unless all the applicable provisions of the Town Building Code are complied with. A change from one prohibited use, for which a permit has been granted, to another prohibited use shall be deemed a violation of the Town Building Code.

(5) Temporary Occupancy. Upon the request of a holder of a permit, the Building Inspector may issue a temporary certificate of occupancy for a building or structure, or part thereof, before the entire work covered by the permit shall have been completed, provided such portion or portions may be occupied safely prior to full completion of the building without endangering life or public welfare.

(6) Contents of Certificate. When a building or structure is entitled thereto, the Building Inspector shall issue a certificate of use and occupancy within 10 days after written applications.

13.22 VIOLATIONS

(1) Notice of Violation. The Building Inspector shall serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, use or occupancy of a building or structure in violation of the provisions of the Town Building Code, or in violation of a detail statement or a plan approved thereunder, or in violation of a permit or certificate issued under the provisions of the Town Building Code; and such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.

(2) Prosecution of Violation. If the notice of violation is not complied with promptly, the Building Inspector shall request the Town Attorney to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation of an approved plan or directive of the Building Inspector, or of a permit or certificate issued under the provisions of the Town Building Code, shall upon conviction thereof, be fined in an amount not exceeding three hundred ($300.00) dollars for each violation together with the costs of prosecution and in default of payment of such forfeiture, shall be imprisoned in the County Jail until such forfeiture is paid, but not exceeding ninety (90) days. Each day that a violation continues shall be deemed a separate offense.

(3) Abatement of Violation. The imposition of the penalties herein prescribed shall not preclude the Town Attorney from instituting appropriate action to prevent unlawful construction or to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises or to stop an illegal act, conduct business or use of a building or structure in or about any premises.

13.23 STOP WORK ORDER

(1) Notice to Owner. Upon notice from the Building Inspector that work on any building or structure is being prosecuted contrary to the provisions of the Town Building Code, such work shall be immediately stopped. The stop-work order shall be in writing and shall be given to the owner of the property involved, or to the owner's agent, or to the person doing the work; and shall state the conditions under which work may be resumed.

(2)Unlawful Continuance. Any person who shall continue any work in or about the building after having been served with a stop order, except such work as he is directed to perform to remove a violation or unsafe conditions, shall be liable to a penalty as provided in Section 13.22(3) of this code.

13.24 UNSAFE BUILDINGS

(1) Right of Condemnation. All buildings or structures that are or hereafter shall become unsafe, unsanitary, or deficient in adequate exit facilities , or which constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or which by reason of illegal or improper use, occupancy or maintenance, shall be deemed unsafe buildings or structures. All unsafe buildings shall be taken down and removed or made safe and secure, as the Building Inspector may deem necessary and as provided in this section. A vacant building, unguarded or open at door or window, shall be deemed a fire hazard and unsafe with the meaning of the Town Building Code.

(2) Examination and Record of Damaged Building. The Building Inspector shall examine every building or structure reported as dangerous, unsafe structurally or constituting a fire hazard; and he shall cause the report to be filed in a docket for unsafe structures and premises, stating the use of the building, the nature and estimated amount of damages, if any, caused by collapse or failure.

(3) Notice of Unsafe Building. If an unsafe condition is found in a building or structure, the Building Inspector shall serve on the owner, agent or person in control of the building or structure a written notice describing the building or structure deemed unsafe and specifying the required repairs or improvements to be made to render the building or structures safe and secure, or requiring the unsafe building or structure or portion thereof to be demolished within a stipulated time. Such notice shall require the person thus notified to declare within the specified time to the Building Inspector his acceptance or rejection of the terms of the order.

(4) Restoration of Unsafe Building. A building or structure condemned by the Building Inspector may be restored to safe condition; except that if the damage or cost of reconstruction or restoration is in excess of 50 percent of its replacement value, exclusive of foundations, such building shall be made to comply in all respects with the requirements for materials and methods of construction of buildings hereafter erected.

(5) Posting Unsafe Notice. If the person addressed with an unsafe notice cannot be found within the Town after diligent search, then such notice shall be sent by registered mail to the last known address of such person; and a copy of the unsafe notice shall be posted in a conspicuous place on the premises; and such procedure shall be deemed the equivalent of personal notice.

(6) Disregard of Unsafe Notice. Upon refusal or neglect of the person served with an unsafe notice to comply with the requirements of the order to abate the unsafe condition, the Town Attorney shall be advised of all the facts and he shall institute the appropriate action to compel compliance.

13.25 EMERGENCY MEASURES

(1) Vacating Buildings. When, in the opinion of the Building Inspector, there is actual and immediate danger of failure or collapse of a building or structure or any part thereof which would endanger life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the Building, the Building Inspector is hereby authorized and empowered to order and require the inmates and occupants to vacate the same forthwith. He shall cause to be posted at each entrance to such building a notice reading as follows:

"This building is unsafe and its use or occupancy has been prohibited by the Building Inspector, Town of Menasha" and it shall be unlawful for any person to enter such building or structure except for the purpose of making the required repairs or of demolishing the same.

(2) Temporary Safeguards. When, in the opinion of the Building Inspector, there is actual an immediate danger of collapse or failure of a building or structure or any part thereof which would endanger life, he shall cause the necessary work to be done to render such building or structure or part thereof temporarily unsafe, whether or not the legal procedure herein prescribed has been instituted.

(3) Closing Streets. When necessary for the public safety, the Building Inspector may temporarily close streets, buildings and structures and places adjacent to such unsafe buildings, and prohibit the same from being used.

(4) Emergency Repairs. For the purpose of this section the Building Inspector shall employ the necessary labor and materials to perform the required work as expeditiously as possible.

(5) Costs of Emergency Repairs. Costs incurred in the performance of emergency work shall be paid from the Town treasury on certificate of the Building Inspector; and the Town Attorney shall institute appropriate action against the owner of the premises where the unsafe building or structure was located for the recovery of such costs.

13.26 CULVERTS AND CULVERT PERMITS (SEE CHAPTER 15)

13.27 PUBLIC PROTECTION FUND [Effective 10/01/86]

(1) Purpose. A public protection fee is hereby established for all new construction occurring in the Town of Menasha for which a building permit is issued after the 1st day of October, 1986. The establishment of the public protection fee is to insure adequate provisions for police and fire protection for the residents of the Town of Menasha. It is necessary to the residents of the Town of Menasha that the facilities and capital expenditures necessary to the operation of police and fire departments, and necessary to: police and fire protection be preserved and furthered by an equitable apportionment of the presently owned facilities and equipment, which equitable apportionment will occur by this assessment and contribution of new construction, which shall be used for the purpose of fire protection and police protection facilities and capital expenditures.

(2) Fee Established. The public protection fee is hereby established for all residential (including garages), commercial and industrial buildings as follows:

(a) Buildings not fully (100%) sprinklered shall be assessed a fee of four cents ($0.04) per square foot, including garages, but excluding subgrade excavations of six feet or more

(b) Buildings are fully (100%) sprinklered shall be assessed a fee of two cents ($0.02) per square foot or 50% of fee as stated in Section (2)(a) above. In addition, a maximum of $300.00 is established

(c) Additional fees, over and above those established in (2)(a) and (b) for multiple family dwelling units shall be established in the sum of $25.00 per dwelling unit - which is defined as a building or group of rooms within a building where one person or a group of persons resides as a family unit.

(1) An additional fee shall also be assessed for each floor of a building which is 80 feet at any point aboveground level. This fee shall be $10.00 per foot. (Example: if a building has a floor at 85 feet and a floor at 93 feet aboveground level, a $50.00 fee will be assessed for the floor at 85 feet and a $130.00 fee for the floor at 93 feet. A total of $180.00.)

(3) Method of Assessment

(a) In all cases the method of assessment hereunder shall be by assessment at the time that a building permit is obtained from the Town of Menasha. No building permit shall be issued without the payment of the above established fees to the Town of Menasha Building Inspector prior to the issuance of the said permit.

(b) In the case of construction and development of single or multiple family dwelling units on parcels of land not subdivided or required to be subdivided (or having previously been subdivided), the owner or contractors shall pay the fees as required in paragraph (2) above before the issuance of building permits. This provision shall apply to all residential units constructed after October 1, 1986.

(c) In the case of a multiple family subdivision or construction in such subdivisions, the following rules shall apply:

(1) The developer at the time of approval of multiple family subdivisions created hereafter, shall pay the $25.00 per dwelling unit fee for each proposed dwelling unit to the Town of Menasha prior to approval of the subdivision. Proof of payments of the $25.00 per unit fee shall be provided by the developer so that future owners will not be required to pay the $25.00 per dwelling unit fee again at the time of construction. At the time of construction only the square footage would be assessed. This provision shall apply to all multiple family lots and parcels created after the effective date of this ordinance. If at the time of subdividing it is the intent to place only single family dwelling units on each newly created lot or parcel, but at a later date it is decided to place multiple family dwelling units on said lot or parcel, the developer or owner shall then pay the $25.00 per unit dwelling fee for each dwelling unit (in addition to the square footage fee) prior to the issuance of the building permit.

(2)If at the time of construction the number of dwelling units per lot or parcel is reduced, the $25.00 per dwelling unit fees collected over and above the actual number of dwelling units to be built shall be applied to the square footage fee due at the time the buildings permit is issued. (Example: a planned four unit building which was assessed $25.00 per unit, or changed to a two unit building, $50.00 would be applied to the square footage fee. If the square footage fee amounted to only $48.00, the $50.00 would eliminate the square footage fee and the $2.00 difference would not be refunded.)

(3) Public Protection Fee, Use Of. Any public protection fees assessed pursuant to this ordinance shall be placed in a nonlapsing fund to be used for the Town of Menasha Police and Fire Departments, but may be applied to either department on any occasion as desired by the Town Board being in charge of the Police and Fire Departments. No rule of equality with regard to the Police and Fire Departments shall apply. Any expenditure made for Police and Fire Departments shall be of the nature of a capital expenditure or repairs or upkeep to capital investment property having previously been made by the Police or Fire Departments. In no event shall any of the funds collected be used for current operating expenses of either the Fire Department or the Police Department or of any other Department of government of the Town of Menasha. The monies to be placed in a nonlapsing fund shall not be included in the general fund and shall be designed separately as an asset of the Town of Menasha on its municipal budget.

(4) Violations and Penalties. Any person who fails to comply with the provisions of this ordinance shall upon conviction thereof, forfeit, in addition to the above mentioned development fee, not less than $25.00 nor more than $400.00 plus the costs of prosecution for each violation, and, in default of payment of such forfeiture and costs, shall be imprisoned in the county jail until payment thereof, but not exceeding 30 days. Each violation and each day a violation exists or continues shall constitute a separate offense.