(ONLY for use by towns authorized to exercise VILLAGE POWERS under
s. 60.22, Wis. stats.)
STATE OF WISCONSIN
Town of ________
________ County
SECTION I - TITLE AND PURPOSE
The title of this ordinance is the Town of ________ Building Information Permit Ordinance. The purpose of this ordinance is for the town to have information regarding the type, size, and location of all buildings and structures constructed, reconstructed, remodeled, removed, or demolished after the effective date of this ordinance.
SECTION II - AUTHORITY
The town board of the town has the authority under
s. 60.61, Wis. stats., and general authority under its village powers under
s. 60.22, Wis. stats., to adopt this ordinance.
SECTION III - ADOPTION OF ORDINANCE
This ordinance, adopted by a majority of the town board on a roll call vote with a quorum present and voting and proper notice having been given, requires a town building information permit for all buildings constructed, reconstructed, remodeled, removed, or demolished as provided in this ordinance.
SECTION IV - DEFINITIONS
In this ordinance:
A. “Building” means any building or structure and any installation constructed, reconstructed, remodeled, enlarged, altered, removed, or demolished for any use within the town, including but not limited to one- and two-family dwellings, manufactured homes, mobile homes, temporary or seasonal dwellings, garages, agricultural structures, and outbuildings.
B. “Owner” means any person having a legal or equitable interest in a building. “Owner” does not include any person whose legal or equitable interest in a building is a security interest derived solely from the extension of credit to permit construction or remodeling of the building or purchase of the building by a third party.
C. “Town” means the Town of ________, ________ County, Wisconsin, and includes the town's officers, employees, and agents when appropriate.
D. “Town board” means the Board of Supervisors for the Town of ________, or any person designated to act for the town board.
E. “Town clerk” means the Clerk of the Town of ________ or his or her deputy or agent.
F. “Wis. stats.” means the Wisconsin Statutes, including successor provisions.
SECTION V - SUBDIVISION AND NUMBERING OF THIS ORDINANCE
This ordinance is divided into sections designated by uppercase Roman numerals. Sections may be divided into subsections designated by uppercase letters. Subsections may be divided into paragraphs designated by numbers. Paragraphs may be divided into subdivisions designated by lowercase letters. Subdivisions may be divided into subdivision paragraphs designated by lowercase Roman numerals. Reference to a “section,” “subsection,” “paragraph,” or “subdivision” includes all divisions of the referenced section, subsection, paragraph, or subdivision.
SECTION VI - REQUIREMENT FOR BUILDING INFORMATION PERMIT
The owner of any building or structure in the town, unless exempt under this ordinance, who constructs, installs, remodels, reconstructs, enlarges, alters, removes, or demolishes any building or structure within the town shall seek and obtain from the town a Town Building Information Permit prior to commencing, or causing the commencement of, any construction, installation, remodeling, reconstruction, enlargement, altering, removing, or demolishing of any building.
SECTION VII - EXEMPTIONS FROM PERMIT REQUIREMENT
The requirement in Section VI to obtain a Town Building Information Permit shall not apply to any of the following:
A. Buildings or structures owned by the town.
B. Additions, remodeling, reconstruction, enlargement, or alterations to buildings, when the cost of the work, including labor, shall be less than $____ [insert dollar amount, such as $1,000] within a 12-month period.
C. The restoration or repair of building equipment, such as furnaces, central air conditioners, water heaters, and similar mechanical equipment without the alteration or addition to the building or structure.
D. Fences or other similar enclosures.
SECTION VIII - OTHER REQUIREMENTS REMAIN APPLICABLE
The issuance of this Town Building Information Permit does not relieve the owner from any of the following:
A. Obtaining any permit that may be required by any other state law or local ordinance, including but not limited to any of the following:
1. County sanitary permits.
2. Town, county, or state driveway permits.
3. State one- and 2-family dwelling code permits.
4. Any other applicable permit under town or county ordinance or state law.
B. Complying with any other requirement, ordinance, or law, including, but not limited to, those governing zoning, subdivision, land division, and setbacks.
SECTION IX - TOWN BUILDING PERMIT FORM, ISSUANCE, AND FEE
The town board is authorized to approve by resolution a Town Building Information Permit form, designate the person or persons authorized to issue the permits, and establish a fee for issuance of the permits.
SECTION X - PENALTIES
Any person that fails to comply with the provisions of this ordinance shall, upon conviction, pay a forfeiture of not less than $25 nor more than $100, plus the applicable surcharges, assessments and costs for each violation. Each day a violation exists or continues constitutes a separate offense under this ordinance. In addition, the town board may seek injunctive relief from a court of record to enjoin further violations.
SECTION XI - SEVERABILITY
If any provision of this ordinance or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable.
SECTION XII - EFFECTIVE DATE
This ordinance is effective on publication or posting.
The town clerk shall properly publish this ordinance as required under
s. 60.80, Wis. stats.
Adopted this ______ day of ________, 20__.
[Signatures of town board]
Attest: [Signature of town clerk]
Note: The Department of Safety and Professional Services, Division of Industry Services Programs, has created a Model Ordinance for Adoption of Wisconsin Uniform Dwelling Code, which covers adoption of the Uniform Dwelling Code, appointment of an inspector, requiring a permit and imposing a fee, and assessing a penalty. Electronic copies may be downloaded from the Department of Safety and Professional Services website at:
