§ 259-1 Title, purpose and scope.
§ 259-2 Building permits and inspection; certificates of occupancy.
§ 259-3 State Uniform Dwelling Code adopted.
§ 259-4 Construction standards; codes adopted.
§ 259-7 New methods and materials.
§ 259-9 Disclaimer on inspections.
§ 259-11 Regulation and permit for razing buildings.
§ 259-13 Discharge of clear waters.
§ 259-14 Regulations for moving buildings.
§ 259-17 Enforcement; violations and penalties.
Alarm systems and key lock boxes — See Ch. 217.
Fires and fire prevention — See Ch. 303.
Housing standards — See Ch. 341.
Property maintenance — See Ch. 443.
Floodplain zoning — See Ch. 600.
Shoreland-wetland zoning — See Ch. 620.
Zoning — See Ch. 635.
Title. This chapter shall be known as the "Building Code of the City of Prescott" and will be referred to in this chapter as "this code" or "this chapter."
Scope. New buildings hereafter erected in, or any building hereafter moved within or into the City, shall conform to all the requirements of this chapter except as they are herein specifically exempted from part or all of its provisions. Any alteration, enlargement or demolition of an existing building and any installation therein of electrical, gas, heating, plumbing or ventilating equipment which affects the health or safety of the users thereof or any other persons is a "new building" to the extent of such change. Any existing building shall be considered a "new building" for the purposes of this chapter whenever it is used for dwelling, commercial or industrial purposes, unless it was being used for such purpose at the time this chapter was enacted. The provisions of this chapter supplement the laws of the State of Wisconsin pertaining to construction and use and the Zoning Code of the City and amendments thereto to the date this chapter was adopted and in no way supersede or nullify such laws and the said Zoning Code.
Editor's Note: See Ch. 635, Zoning.
General permit requirement. No building of any kind shall be moved within or into the City of Prescott and no new building or structure, or any part thereof, shall hereafter be erected, or ground broken for the same, or enlarged, altered, moved, demolished, razed or used within the City, except as herein provided, until a permit therefor shall first have been obtained by the owner, or his authorized agent, from the Building Inspector.
Repairs. Repairs for purposes of maintenance, or replacements in any existing building or structure which do not involve the structural portions of the building or structure or which do not affect room arrangement, light and ventilation, access to or efficiency of any exit stairways, or exits, fire protection, or exterior aesthetic appearance and which do not increase a given occupancy or use shall be deemed minor repairs.
Alterations and repairs required. When any of the structural members of any building or structure have deteriorated from any cause whatsoever to less than their required strength, the owner of such a building or structure shall cause such structural members to be restored to their required strength; failing in which the building or structure shall be considered a menace to public safety and shall be vacated and thereafter no further occupancy or use of the same shall be permitted until the regulations of this chapter are complied with.
Site plan approval. All applications for building permits for any construction, reconstruction, expansion or conversion, except for one- and two-family residences in residentially zoned districts shall require site plan approval by the Plan Commission in accordance with the requirements of this section, unless site plan review is required under the City Zoning Code. The applicant shall submit a site plan and sufficient plans and specifications of proposed buildings, machinery and operations to enable the Plan Commission or its expert consultants to determine whether the proposed application meets all the requirements applicable thereto in this chapter.
Administration. The Zoning Administrator shall make a preliminary review of the application and plans requiring site plan review and refer them along with a report of his findings to the Plan Commission. The Plan Commission shall review the application and may refer the application and determine whether the application and plans meet all the requirements applicable thereto in this chapter. Within 30 days of its receipt of the application, the Plan Commission shall authorize the Building Inspector to issue or refuse a building permit.
The layout of the site with regard to entrances and exits to public streets; the arrangement and improvement of interior roadways; the location, adequacy and improvement of areas for parking and for loading and unloading; and shall, in this connection, satisfy itself that the traffic pattern generated by the proposed construction or use shall be developed in a manner consistent with the safety of residents and the community, and the applicant shall so design the construction or use as to minimize any traffic hazard created thereby.
The landscaping and appearance of the completed site. The Plan Commission may require that those portions of all front, rear and side yards not used for off-street parking shall be attractively planted with trees, shrubs, plants or grass lawns, and that the site be effectively screened so as not to impair the value of adjacent properties nor impair the intent or purposes of this section.
Effect on municipal services. Before granting any site approval, the Plan Commission may, besides obtaining advice from consultants, secure such advice as may be deemed necessary from the Building Inspector or other municipal officials, with special attention to the effect of such approval upon existing municipal services and utilities. Should additional facilities be needed, the Plan Commission shall not issue the final approval until the City has entered into an agreement with the applicant regarding the development of such facilities.
Appeals. Denials of building permits contingent upon site plan approval may be appealed to the Zoning Board of Appeals by filing a notice of appeal with the City Clerk within seven days of the denial.
Dedicated street and approved subdivision required. Unless a waiver is granted by the Common Council, following a recommendation from the Building Inspector, no building permit shall be issued unless the property on which the building is proposed to be built abuts a street that has been dedicated for street purposes. No building permits shall be issued until the subdivision and/or certified survey and required improvements are accepted by the Common Council.
Utilities required for residential and nonresidential buildings.
No certificate of occupancy shall be issued for the construction of any building until sewer, water, storm sewer, grading, streets, and curb and gutter are installed in the streets necessary to service the property for which the permit is required; all public infrastructure improvements must be inspected, tested and approved in conformance with Chapter 510, Subdivision of Land, of this Code and other applicable City and governing agency codes and regulations.
The City of Prescott may issue building permits before all public infrastructure improvements are completed, provided the developer maintains their project surety amount irrevocable (letter of credit or bond) between the developer and the City of Prescott until all required subdivision public infrastructure improvements are completed and maintains 30% of the project surety amount until the one-year warranty period expired after final acceptance of all required public infrastructure improvements. Permit will be issued as a dry permit and no water or sewer service will be available. No building plumbing connections to City water and sewer system shall be made until construction of said water and sanitary sewer are completed, inspected, tested, and approved by the City for public use.
Elevations. The first floor minimum elevation of a house shall be 18 inches above the curbline at the high side. The maximum driveway elevation shall be 12% from the flag of the curb to the threshold of the garage door.
Plans. With applications for new detached structures or additions, there shall be submitted three complete sets of plans and specifications, including a plot plan showing the location and dimensions of all buildings and improvements on the lot, both existing and proposed, dimensions of the lot, dimensions showing all setbacks of all buildings on the lot, proposed grade of proposed structure (to City datum), grade of lot and of the street abutting lot, grade and setback of adjacent buildings (if adjacent lot is vacant, submit elevation of nearest buildings on same side of street), type of monuments at each corner of lot, watercourses or existing drainage ditches, easements or other restrictions affecting such property, the signature of the applicant and, if necessary due to the nature of the project, a construction erosion control plan setting forth proposed information and procedures needed for control of soil erosion, surface water runoff and sediment disposition at the building site. One set of plans shall be of reduced size to facilitate copying. Plans, specifications and plot plans shall be drawn to a minimum scale of 1/4 inch to one foot (fireplace details to 3/4 inch to one foot). One set of plans shall be returned after approval as provided in this chapter. The second set shall be filed in the office of the Building Inspector. Plans for buildings involving the State Building Code shall bear the stamp of approval of the State Department of Safety and Professional Services. One plan shall be submitted which shall remain on file in the office of the Building Inspector. All plans and specifications shall be signed by the designer.
Minor repairs. The Building Inspector may authorize minor repairs or maintenance work on any structure or to heating, ventilating or air-conditioning systems installed which are valued at less than $500 of fair market value as determined by the Building Inspector, which do not change the occupancy area, exterior aesthetic appearance, structural strength, fire protection, exits, light or ventilation of the building or structure without issuance of a building permit.
If the Building Inspector determines that the building will comply with this Building Code and with other applicable ordinances and orders of the City, he shall issue a building permit which shall state the use to which said building is to be put, which shall be kept and displayed at the site of the proposed building. After being approved, the plans and specifications shall not be altered in any respect which involves any of the above-mentioned ordinances, laws or orders, or which involves the safety of the building or the occupants, except with the written consent of the Building Inspector.
Inspection warrants. If the Building Inspector is denied access to inspect a property, he may request the City Attorney to seek an inspection warrant pursuant to § 66.0119, Wis. Stats.
The Building Inspector shall make a final inspection of all new buildings, additions, and alterations. If no violations of this or any other ordinance be found, the Building Inspector shall issue a certificate of occupancy, stating the purpose for which the building is to be used.
No building nor part thereof shall be occupied until such certificate has been issued, nor shall any building be occupied in any manner which conflicts with the conditions set forth in the certificate of occupancy. The responsible party, whether the builder and/or owner, who occupies a building before the issuance of a certificate of occupancy shall be subject to double certificate of occupancy fees, along with other penalties provided in this chapter. It shall be the responsibility of the responsible party, whether the building and/or owner, to inform building tenants of the certificate of occupancy requirement.
Whenever any building or portion thereof is being used or occupied contrary to the provisions of this chapter, the Building Inspector shall order such use or occupancy discontinued, and the building or portion thereof vacated, by notice served on any person using or causing such use or occupancy to be continued, and such person shall vacate such building or portion thereof within 10 days after receipt of the notice, or make the building or portion thereof comply with the requirements of this chapter.
Any building, structure, or premises, or any part thereof, hereafter vacated or damaged by any cause whatsoever so as to jeopardize public safety or health, shall not hereafter be occupied or used under an existing certificate of occupancy or without the same until an application has been filed and a new certificate of occupancy issued.
Change. It shall be unlawful to change the use of any building, structure, premises, or part thereof without first obtaining from the Building Inspector an approval of such change in the occupancy or use, and a certificate of occupancy thereof.
Hardship. The Building Inspector shall have the authority and power to permit the occupancy of any building or structure in the City, prior to issuance of a certificate of occupancy, in all such cases of hardship as, in his judgment and discretion, warrant occupancy before the final stage of completion as set forth in this chapter. Before granting such permission, the Building Inspector shall first examine the premises and determine if it is safe and sanitary.
When a use or occupancy shall be discontinued and a building or portion thereof vacated. Whenever any building or portion thereof is being used or occupied contrary to the provisions of this chapter, the Building Inspector shall order such use or occupancy discontinued and the building or portion thereof vacated, by notice served on any person using or causing such use or occupancy to be continued and such person shall vacate such building or portion thereof within 10 days after receipt of the notice or make the building or portion thereof comply with the requirements of this chapter on use and occupancy.
Certificate of occupancy by Fire Chief. The Fire Chief, or his designee, shall have dual authority with the Building Inspector in the issuance of certificates of occupancy for multifamily and commercial structures, places of public assembly, and schools. All authority and power granted therein to the Building Inspector equally is herein granted to the Fire Chief for fire inspections of such buildings.
Payment of fees. All fees shall be paid to the City Clerk. Upon presentation of the City Clerk's receipt showing that the fees prescribed by this chapter have been paid, the Inspector, upon entering upon the application the number of the receipt, shall issue to the owner, or his agent, a building permit.
Permit lapses. A building permit shall lapse and be void unless building operations are commenced within six months or if construction has not been completed within two years from the date of issuance thereof.
Whenever the Building Inspector shall find at any time that applicable ordinances, laws, orders, plans and specifications are not being complied with and that the holder of the permit refused to conform after written warning has been issued to him.
Whenever there is a violation of any of the conditions of an approval or certificate of occupancy given by the Building Inspector for the use of all new materials, equipment, methods or construction devices or appliances.
The notice revoking a building, plumbing, HVAC or electrical permit, certificate of occupancy or approval shall be in writing and may be served upon the applicant of the permit, owner of the premises and his agent, if any, and on the person having charge of construction.
Report of violations. City officers shall report at once to the Building Inspector any building which is being carried on without a permit as required by this chapter.
State Code adopted. The Administrative Code provisions describing and defining regulations with respect to one- and two-family dwellings in Chs. SPS 320 through 325, Wis. Adm. Code, are hereby adopted and by reference made a part of this chapter as if fully set forth herein. Any act required to be performed or prohibited by an Administrative Code provision incorporated herein by reference is required or prohibited by this chapter. Any future amendments, revisions or modifications of the Administrative Code provisions incorporated herein are intended to be made part of this chapter to secure uniform statewide regulation of one- and two-family dwellings in the City of Prescott. A copy of these Administrative Code provisions and any future amendments shall be kept on file in the Building Inspector's office.
An existing structure is altered or repaired, when the cost of such alteration or repair during the life of the structure exceeds 50% of the equalized value of the structure, said value to be determined by the Building Inspector.
Additions and alterations, regardless of cost, made to an existing building when deemed necessary in the opinion of the Building Inspector shall comply with the requirements of this chapter for new buildings. The provisions of § 259-2 shall also apply.
The Department of Safety and Professional Services.
Certification. The Building Inspector shall be certified for inspection purposes by the Department in each of the categories specified under Ch. SPS 305, Wis. Adm. Code.
Records. The Building Inspector shall perform all administrative tasks required by the Department under the Uniform Dwelling Code. In addition, the Inspector shall keep a record of all applications for building permits in a book for such purpose and shall regularly number each permit in the order of its issue. Also, a record showing the number, description and size of all buildings erected indicating the kind of materials used and the cost of each building and aggregate cost of all one- and two-family dwellings shall be kept. The Building Inspector shall make a written annual report to the Common Council relative to these matters.
Portions of State Building Code adopted. Chapters SPS 361 through 366, Wis. Adm. Code (Wisconsin Commercial Building Code), are hereby adopted and made a part of this chapter with respect to those classes of commercial buildings to which this Building Code specifically applies. Any future amendments, revisions and modifications of said Chapters SPS 361 through 366 incorporated herein are intended to be made a part of this code. A copy of said Chapters SPS 361 through 366 and amendments thereto shall be kept on file in the office of the Building Inspector.
State Plumbing Code adopted. The provisions and regulations of Ch. 145, Wis. Stats., and Chs. SPS 381 through 387, Wis. Adm. Code, are hereby made a part of this chapter by reference and shall extend over and govern the installation of all plumbing installed, altered or repaired in the City. Any further amendments, revisions and modifications of said Wisconsin Statutes and Administrative Code herein are intended to be made part of this chapter.
State Electrical Code adopted. Subject to the exceptions set forth in this chapter, Ch. SPS 316, Wis. Adm. Code, the Electrical Code, Volume 1, and Rules of Electrical Code, Volume 2, of the Wisconsin Administrative Code are hereby adopted by reference and made a part of this section and shall apply to all buildings, except those covered in § 259-3 above.
Conflicts. If, in the opinion of the Building Inspector and the Common Council, the provisions of the State Building Code adopted by Subsection A of this section shall conflict with the provisions of the Federal Housing Administration standards in their application to any proposed building or structure, the Inspector and/or the City shall apply the most stringent provisions in determining whether or not the proposed building meets the requirements of this section.
Code compliance. Except as otherwise provided by this chapter, all installations of electrical equipment shall conform to and comply with the State Electrical Code, the Wisconsin Statutes, this chapter and any orders, rules and regulations issued by authority thereof, and with approved electrical standards for safety to persons and property. Where no specific standards for safety are prescribed by this chapter or by the State Electrical Code, conformity with the regulations set forth in the National Electrical Code and in the National Electrical Safety Code shall be prima facie evidence of conformity with approved standards for safety to persons and property.
Before any electrical wires or electrical apparatus shall be installed for lighting or power purposes, or any electrical construction work done, except minor repair work, a permit therefor shall be obtained from the Electrical Inspector by a licensed electrician. No permit shall be issued unless satisfactory proof is furnished to the Electrical Inspector upon his request that the applicant has been employed to perform the work or installation and will be responsible for the performance thereof in the manner required by ordinance and by law; nor unless proof be submitted that the applicant has paid to the City the fees herein required. The application for such permit shall be on a form furnished by the Electrical Inspector and shall state clearly the work planned, alterations to be made, and equipment and materials to be used, and all later deviations from such plan must be submitted to and approved by the Building Inspector.
"Minor repair work" shall be construed to mean the replacement of broken or defective sockets, snap, push or toggle switches, convenience outlets and portable electrical appliances.
A permit shall be required for the installation of any outlet and any electrical wiring for use on any circuit, including wiring for so-called low-voltage wiring for control of heating, ventilating, cooling, lighting, signal and communication equipment, excepting signal systems operated by, and/or in conjunction with, communication systems installed and maintained by a public utility.
It shall be unlawful to connect up the electrical wirings and equipment of any building to any electrical supply lines or to turn on the current, unless a certificate of inspection has been issued by the Electrical Inspector, and it shall be the duty of the electrical utility supplying service to any building to secure a copy of the certificate of inspection from the Electrical Inspector before supplying service to such building.
Upon the completion of the construction and installation of the electrical wiring and equipment of any building, it shall be the duty of the firm, person or corporation doing the same to notify the Electrical Inspector who shall inspect the installation within 48 hours of the time such notice is given. If the installation is found to be in compliance with the provisions of this chapter, the Inspector shall issue a certificate of inspection authorizing connection to the electrical service and the turning on of the current. All wires which are to be concealed shall be inspected before the concealment, and no other craft shall cover up or conceal such wires until the installation has been inspected and approved and officially tagged to this effect by the Electrical Inspector.
No certificate of inspection shall be issued by the Electrical Inspector unless the electrical wiring and equipment for light, power, heat or other similar purposes is safe both with respect to life and fire hazard, and is in strict conformity with the ordinances of the City, the statutes of the state and the general or special orders of the State of Wisconsin adopted under authority of the statutes.
All plumbing installations to be inspected.
All plumbing to be inspected. All plumbing systems or installations within the boundaries of the City and those connecting with the City water or sewerage system beyond the boundaries are subject to inspection as required in this chapter.
System of inspection. Whenever any work is ready for inspection, the Plumbing Inspector shall be notified by the plumber in charge or person receiving the permit, as directed by the Plumbing Inspector, specifying the street and number when possible, and the permit number under which the work is being done. Unless otherwise especially permitted by the Inspector, all work, either plumbing, water supply piping, house sewers or drains, shall be left uncovered for examination until examined and approved by the Inspector. When necessary, the Inspector shall notify the plumber in charge or the owner of the property at what time the inspection will be made. The plumber in charge shall make such arrangements as will enable the Inspector to reach all parts of the building readily, and shall have present the proper apparatus and appliances for making the test and performance of plumbing work. Failure to respond promptly to official communications shall be deemed a sufficient reason for withholding permits and the plumber shall be held responsible for the violation of these regulations by himself or any of his employees.
Responsibility of property owners for repairs. Repairs of any drainage or waste pipe carrying domestic sewage from outside the foundation walls of any building or structure to and including the connection with the "Y" in the sewer main, including private domestic sewage treatment and disposal systems, such as stoppage of leaks in supply or waste pipes, clearing stoppages in waste pipes and repairing valves or faucets in the drainage or waste pipe, shall be the sole responsibility of the property owner except that in the event such leak or stoppage or defective valve or faucet is located between the "Y" (including its connection with the "Y") in the sewer main and the end of the sewer service lateral to the curb or other disposal terminal, then the City shall be responsible for such repairs but shall charge the cost of such repairs to the property owner.
Plumbing Inspector to have supervision of sewers. All sewers service laterals will be under the supervision of the Plumbing Inspector, and no sewer service lateral shall be laid and no opening into or connection with a sewer service lateral shall be made, except under his direction and supervision.
Permit to connect with public sewer system.
Permit required. No person, firm or corporation shall open any street, alley or public place for the purpose of connecting to a sewer lateral or other terminal, lay any house sewer or drain pipe or make any attachment or extension to any old drain or house sewer, or do any kind of work whatsoever in connection with any public or private sewer inside or outside of any building, except repairs, without first obtaining from the Plumbing Inspector a written permit to connect with the public sewer system.
Application for permit. Such permit shall be granted only upon written application by a licensed master plumber, authorized by the owner or agent of the premises desiring to make such connection, extension or alteration, stating the name of the owner and that he and such master plumber will be bound by and be subject to all the rules and regulations prescribed by the Plumbing Inspector and Common Council, and giving the exact location of the premises, stating the purpose for which the connection, extension or alteration is to be used and the time when the work is to be done, and all other particulars in respect thereto.
Permit required before laying drains. No work of laying house sewers or storm drains that are on the premises and in the hands of a master plumber or one employed by him shall be commenced or continued without the required permit to connect with the public sewer, which shall be issued by the Plumbing Inspector.
All materials, methods of construction and devices designed for use in buildings or structures covered by this chapter and not specifically mentioned in or permitted by this chapter shall not be so used until approved in writing by the State Department of Safety and Professional Services for use in buildings or structures covered by the Wisconsin State Building Code, except sanitary appliances, which shall be approved in accordance with the State Plumbing Code.
Whenever the Common Council, upon the inspection and report of the Building Inspector or other authorized inspector, finds any building or part thereof within the City to be, in its judgment, so old, dilapidated or out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human occupancy or use and so that it would be unreasonable to repair the same, the Council may order the owner to raze and remove such building or part thereof or, if it can be made safe by repairs, to repair and make safe and sanitary, or to raze and remove at the owner's option. The Council shall give specific reasons for its determination. Such order and proceedings shall be as provided in § 66.0413, Wis. Stats.
The purpose of the inspections under this chapter is to improve the quality of housing in the City. The inspections and the reports and findings issued after the inspections are not intended as, nor are they to be construed, as a guarantee. In order to so advise owners and other interested persons the following disclaimer shall be applicable to all inspections: "These findings of inspection contained herein are intended to report conditions of noncompliance with code standards that are readily apparent at the time of inspection. The inspection does not involve a detailed examination of the mechanical systems or the closed structural and nonstructural elements of the building and premises. No warranty of the operation, use or durability of equipment and materials not specifically cited herein is expressed or implied."
Private garages shall be built in accordance with the general construction standards established in the Wisconsin Uniform Dwelling Code and the accessory building requirements of the City of Prescott Zoning Code.
No building within the City of Prescott shall be razed without a permit from the Building Inspector. A snow fence or other approved barricade shall be provided as soon as any portion of the building is removed and shall remain during razing operations. After all razing operations have been completed, the foundation shall be filled at least one foot above the adjacent grade, the property raked clean, and all debris hauled away. Razing permits shall lapse and be void unless the work authorized thereby is commenced within six months from the date thereof or completed within 30 days from the date of commencement of said work. Any unfinished portion of work remaining beyond the required 30 days must have special approval from the Building Inspector.
All debris must be hauled away at the end of each week for the work that was done during that week. Combustible material shall not be used for backfill but shall be hauled away. There shall not be any burning of materials on the site of the razed building. If any razing or removal operation under this section results in, or would likely result in, an excessive amount of dust particles in the air creating a nuisance in the vicinity thereof, the permittee shall take all necessary steps, by use of water spraying or other appropriate means, to eliminate such nuisance. The permittee shall take all necessary steps, prior to the razing of a building, through the employment of a qualified person in the field of pest control or by other appropriate means, to treat the building as to prevent the spread and migration of rodents and insects therefrom during and after the razing operations.
Basement subflooring. First floor subflooring shall be completed within 45 days after the basement is excavated.
Fencing of excavations. The owner of any premises on which there exists an opening or excavation after 45 days as to constitute a hazard to pedestrian or vehicular traffic shall erect a fence, wall or railing at least four feet high between such opening or excavation and the public right-of-way.
Closing of abandoned excavations. Any excavation for building purposes or any uncovered foundation which shall remain open for more than 45 days shall be deemed abandoned and a nuisance and the Building Inspector shall order that unless the erection of the building or structure on the excavation or foundation shall commence or continue forthwith suitable safeguards shall be provided to prevent accidental injury to children or other frequenters or that the excavation or foundation be filled to grade. Such order shall be served upon the owner of record or the owner's agent, where an agent is in charge of the premises, and upon the holder of an encumbrance of record in the manner provided for service of a summons in the Circuit Court. If the owner or the holder of an encumbrance of record cannot be found, the order may be served by posting it on the premises and making publication in the official newspaper for two consecutive publications at least 10 days before the time for compliance stated in the order commences to run. Such time shall be not less than 14 nor more than 20 days after service. If the owner of the land fails to comply with the order within the time required, the Building Inspector shall cause the excavation or foundation to be filled to grade. The cost of such abatement shall be charged against the real estate and entered on the next succeeding tax roll as a special charge and shall bear interest at a rate established by the Common Council from the date of the report by the Building Inspector on the cost thereof, pursuant to the provisions of § 66.0627, Wis. Stats.
Vacant buildings. Whenever any building or structure is vacant and the doors and windows or any part thereof have been removed or opened, leaving the interior of such building or structure exposed to the elements and accessible to trespassers, then such building or structure shall be deemed to be dangerous, unsafe, and a menace to public safety. The Building Inspector shall give the owner thereof written notice to secure said building or structure and comply with City Code requirements within 30 days of the date of said notice. Failure to comply with said written notice shall be sufficient grounds for the Building Inspector to condemn and raze said building or structure in accordance with the applicable provisions of § 66.0413(2)(a), Wis. Stats.
Nuisance. The discharge into a sanitary sewer from any roof drain, surface drain, subsoil drain, drain from any mechanical device, gutter, ditch, pipe, conduit, sump pump or any other object or thing used for the purposes of collecting, conducting, transporting, diverting, draining or discharging clear water from any part of any private premises is hereby declared to be a public nuisance and a hazard to the health, safety and well-being of the residents of the City and to the protection of the property.
Groundwater. Where deemed necessary by the Building Inspector, every house shall have a sump pump installed for the purpose of discharging clear waters from foundation drains and ground infiltration and where the building is not serviced by a storm sewer shall either discharge into an underground conduit leading to a drainage ditch, gutter, dry well or shall discharge onto the ground surface in such other manner as will not constitute a nuisance as defined herein.
Storm sewer lateral. Where municipal storm sewers are provided and it is deemed necessary by the property owner and/or the City to discharge clear waters from a parcel of land, a storm sewer lateral shall be installed and connected to the storm sewer main at the expense of the owner.
No person shall move any building or structure upon any of the public ways of the City of Prescott without first obtaining a permit therefor from the Building Inspector and upon the payment of the required fee. Every such permit issued by the Building Inspector for the moving of a building shall designate the route to be taken, the conditions to be complied with and shall limit the time during which said moving operations shall be continued.
A report shall be made by City employees with regard to possible damage to trees. The estimated cost of trimming, removal and replacement of public trees, as determined by the City, shall be paid to the Building Inspector prior to issuance of the moving permit.
Issuance of moving permit shall further be conditioned on approval of the moving route by the Common Council.
Street repair. Every person receiving a permit to move a building shall, within one day after said building reaches its destination, report that fact to the Director of Public Works, who shall inspect the streets, highways and curbs and gutters over which said building has been moved and ascertain their condition. If the removal of said building has caused any damage to any street or highway, the person to whom the permit was issued shall forthwith place them in as good repair as they were before the permit was granted. On the failure of the said permittee to do so within 10 days thereafter to the satisfaction of the Common Council, the City shall repair the damage done to such streets and hold the person obtaining such permit and the sureties on his bond responsible for the payment of same.
Conformance with code. No permit shall be issued to move a building within or into the City and to establish it upon a location within the said City until the Building Inspector has made an investigation of such building at the location from which it is to be moved and is satisfied from such investigation that said building is in a sound and stable condition and of such construction that it will meet the requirements of this Building Code in all respects. A complete plan of all further repairs, improvements and remodeling with reference to such building shall be submitted to the Building Inspector, and he shall make a finding of fact to the effect that all such repairs, improvements and remodeling are in conformity with the requirements of this Building Code and that, when the same are completed, the building as such will so comply with said Building Code. In the event a building is to be moved from the City to some point outside the boundaries thereof, the provisions with respect to the furnishing of plans and specifications for proposed alterations to such building may be disregarded.
Before a permit is issued to move any building over any public way in the City, the party applying therefor shall give a bond to the City of Prescott in a sum to be fixed by the Building Inspector and which shall not be less than $5,000, said bond to be executed by a corporate surety or two personal sureties to be approved by the Common Council or designated agent conditioned upon, among other things, the indemnification to the City for any costs or expenses incurred by it in connection with any claims for damages to any persons or property, and the payment of any judgment together with the costs and expenses incurred by the City in connection therewith arising out of the removal of the building for which the permit is issued.
Insurance. The Building Inspector shall require, in addition to the said bond above indicated, public liability insurance covering injury to one person in the sum of not less than $100,000 and for one accident in a sum not less than $200,000, together with property damage insurance in a sum not less than $50,000, or such other coverage as deemed necessary.
Building Code fees. Fees for building, electrical, plumbing, HVAC and other related permits shall be as established by resolution of the Common Council.
Required. A license shall be required for all contractors doing any work requiring a building permit within the City except for individuals working on their own property.
Fee and insurance certificate required. An annual fee as prescribed in the City's fee schedule shall be paid to the City Administrator for issuance of a contractor's license. Applicants for a contractor's license shall provide to the City Administrator a valid certificate of insurance showing liability limits.
Contractor responsibility. Licensed contractors shall be responsible for the application for the construction permit (aka building permit) for any work, for which they have contracted, and no new construction or alterations to an existing building shall begin until such permit has been obtained.
Suspension; revocation. Upon written complaint to the Building Inspector, the licensed contractor shall have three days in which to satisfy the Building Inspector and the complainant that the alleged problem areas have been corrected. If the corrections cannot be made within three days, a mutually agreeable extension may be granted by the Building Inspector. Failure to satisfy the complaint may result in the suspension or revocation of the contractor's license by the Common Council.
Street encroachment. No person shall use City street right-of-way for storage of building materials or fill from excavation.
Contractor to be noted on building permit. The Building Inspector, prior to the issuance of a building permit, shall mark on the application for a building permit the appropriate name and license number of the contractor making the application.
Any building or structure hereafter erected, enlarged, altered or repaired or any use hereafter established in violation of the provisions of this chapter shall be deemed an unlawful building, structure or use. The Building Inspector or other authorized inspectors shall promptly report all such violations to the Common Council and City Attorney, who shall bring an action to enjoin the erection, enlargement, alteration, repair or moving of such building or structure or the establishment of such use of buildings in violation of this chapter or to cause such building, structure or use to be removed, and such violation may also be subject to a penalty as provided in § 1-4 of this Code. In any such action, the fact that a permit was issued shall not constitute a defense, nor shall any error, oversight or dereliction of duty on the part of the Building Inspector or other City officials constitute a defense. Compliance with the provisions of this chapter may also be enforced by injunctional order at the suit of the owner or owners of any real estate within the jurisdiction of this chapter.
If an inspection reveals a noncompliance with this chapter or the Uniform Dwelling Code, the Building Inspector shall notify the applicant and the owner, in writing, of the violation to be corrected. All cited violations shall be corrected within 30 days after written notification unless an extension of time is granted pursuant to § SPS 320.21, Wis. Adm. Code.
Each day each violation continues after the thirty-day written notice period has run shall constitute a separate offense. Nothing in this chapter shall preclude the City from maintaining any appropriate action to prevent or remove a violation of any provision of this chapter or the Uniform Dwelling Code.
Any person feeling aggrieved by an order or a determination of the Building Inspector may appeal from such order or determination to the Zoning Board of Appeals. Those procedures customarily used to effectuate an appeal to the Zoning Board of Appeals shall apply.
Except as may otherwise be provided by the statute or ordinance, no officer, agent or employee of the City of Prescott charged with the enforcement of this chapter shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this chapter. Any suit brought against any officer, agent or employee of the City as a result of any act required or permitted in the discharge of his duties under this chapter shall be defended by the legal representative of the City until the final determination of the proceedings therein.


22-2603 Crime committed in more than one county.
22-2604 Crime committed on or near county boundary.
22-2605 Waters constituting county boundaries.
22-2606 Waters constituting state boundaries.
22-2607 Assisting another to commit crime or avoid prosecution.
22-2608 Crimes committed while in transit.
22-2609 Property taken in one county and brought into another.
22-2610 Property taken in other state and brought into this state.
22-2611 Death and cause of death in different places.
22-2612 Crime commenced outside the state or by agent.
22-2619 Venue; crimes committed with an electronic device.
Except as provided in K.S.A. 12-4104, and amendments thereto, the district court shall have exclusive jurisdiction to try all cases of felony and other criminal cases arising under the statutes of the state of Kansas.
History: L. 1970, ch. 129, § 22-2601; L. 1976, ch. 163, § 5; L. 2007, ch. 168, § 4; July 1.
Except as otherwise provided by law, the prosecution shall be in the county where the crime was committed.
History: L. 1970, ch. 129, § 22-2602; July 1.
22-2603. Crime committed in more than one county.
Where two or more acts are requisite to the commission of any crime and such acts occur in different counties the prosecution may be in any county in which any of such acts occur.
History: L. 1970, ch. 129, § 22-2603; July 1.
22-2604. Crime committed on or near county boundary.
Where a crime is committed on or so near the boundary of two or more counties that it cannot be readily determined in which county the crime was committed, the prosecution may be in any of such counties.
History: L. 1970, ch. 129, § 22-2604; July 1.
22-2605. Waters constituting county boundaries.
Where any part of a river, water course, body of water or reservoir constitutes the boundary line between two (2) or more counties, the venue is in any of such counties for prosecution of crimes committed over the whole extent of such part of the river, water course, body of water or reservoir, or any island therein.
History: L. 1970, ch. 129, § 22-2605; July 1.
22-2606. Waters constituting state boundaries.
The venue of prosecutions for crimes committed on any river, body of water or reservoir constituting the boundary line of this state is in any county on the same river, body of water or reservoir.
22-2607. Assisting another to commit crime or avoid prosecution.
(1) A person who intentionally aids, abets, advises, counsels or procures another to commit a crime may be prosecuted in any county where any of such acts were performed or in the county where the principal crime was committed.
(2) A person who knowingly harbors, conceals or aids another person who has committed or has been charged with a crime with intent that such other person shall avoid or escape from arrest, trial, conviction or punishment for such crime, may be prosecuted in any county where any of such acts were performed or in the county where the principal crime was committed.
History: L. 1970, ch. 129, § 22-2607; July 1.
22-2608. Crimes committed while in transit.
If a crime is committed in, on or against any vehicle or means of conveyance passing through or above this state, and it cannot readily be determined in which county the crime was committed, the prosecution may be in any county in this state through or above which such vehicle or means of conveyance has passed or in which such travel commenced or terminated.
History: L. 1970, ch. 129, § 22-2608; July 1.
22-2609. Property taken in one county and brought into another.
When property taken in one county by theft or robbery has been brought into another county, the venue is in either county.
History: L. 1970, ch. 129, § 22-2609; July 1.
22-2610. Property taken in other state and brought into this state.
When property taken in another state by theft or robbery shall have been brought into this state, the venue is in any county into or through which such property shall have been brought.
History: L. 1970, ch. 129, § 22-2610; July 1.
22-2611. Death and cause of death in different places.
If the cause of death is inflicted in one county and the death ensues in another county, the prosecution may be in either of such counties. Death shall be presumed to have occurred in the county where the body of the victim is found.
History: L. 1970, ch. 129, § 22-2611; July 1.
22-2612. Crime commenced outside the state or by agent.
If a crime commenced outside this state is consummated within this state, or if a person outside this state commits or consummates a crime by an agent or means within this state, the prosecution shall be in the county where the crime was consummated.
History: L. 1970, ch. 129, § 22-2612; July 1.
A person charged with the crime of bigamy may be prosecuted in the county where the bigamous marriage ceremony was performed or in any county in which bigamous cohabitation has occurred pursuant to such bigamous marriage.
History: L. 1970, ch. 129, § 22-2613; July 1.
A person charged with the crime of kidnapping may be prosecuted in any county in which the victim has been transported or confined during the course of the crime.
A person who has been released from custody upon an appearance bond given in one county for appearance in another county, and who fails to appear, as provided in K.S.A. 21-5915, and amendments thereto, may be prosecuted for such failure to appear either in the county where the appearance bond was given or the county where the defendant was bound to appear.
History: L. 1970, ch. 129, § 22-2615; L. 1971, ch. 114, § 4; L. 2011, ch. 30, § 117, July 1.
(1) In any prosecution, the court upon motion of the defendant shall order that the case be transferred as to him to another county or district if the court is satisfied that there exists in the county where the prosecution is pending so great a prejudice against the defendant that he cannot obtain a fair and impartial trial in that county.
(2) When a case is ordered transferred to another county or district the court shall certify the order of transfer to the departmental justice who shall designate another county or district to which the proceeding shall be transferred.
(3) When a transfer is ordered the clerk of the court where the case is pending shall transmit to the clerk of the court to which the case is transferred all papers in the case or duplicates thereof and any appearance bond taken, and the prosecution shall continue in the court to which the transfer is ordered.
(4) When any case is transferred to another county under this section the responsibility for prosecution of the case shall remain with the original prosecuting attorney, or his successor.
(5) When any case is transferred to another county under this section all taxable costs in such case shall be taxed to the county in which the case originated and such county shall be liable for the payment thereof.
History: L. 1970, ch. 129, § 22-2616; L. 1974, ch. 151, § 1; July 1.
When a change of venue has been granted and the new place of trial has been designated, the clerk of the court of the county where the case originated shall give notice in writing to the defendant and all persons under bond to appear in the case of the time, date and place for appearance in the county to which the case has been transferred. If the defendant is in custody, the court may order him confined in the county to which the cause is transferred.
A motion for change of venue must be made at or before arraignment or at such later time as the court may in the interest of justice determine.
History: L. 1970, ch. 129, § 22-2618; July 1.
22-2619. Venue; crime committed with an electronic device.
(a) "Crime committed with an electronic device" means the commission of any crime that involves or is facilitated by the use of any electronic device, including, but not limited to, all violations of the following: Criminal use of a financial card, as defined in K.S.A. 2015 Supp. 21-5828, and amendments thereto; unlawful acts concerning computers, as defined in K.S.A. 2015 Supp. 21-5839, and amendments thereto; identity theft and identity fraud, as defined in K.S.A. 2015 Supp. 21-6107, and amendments thereto; and electronic solicitation, as defined in K.S.A. 2015 Supp. 21-5509, and amendments thereto.
(4) property affected by the crime was obtained or was attempted to be obtained.
History: L. 2014, ch. 32, § 1; L. 2016, ch. 96, § 2; July 1.