Chapter 12: Building Code
12.01 BUILDING PERMIT REQUIRED.
No person shall build or cause to be built anyone or two-family dwelling without first obtaining a state uniform building permit for such dwelling. Such building permit shall be furnished by the Town of Dunkirk. A copy of such permit issued shall be filed with the town building department.
12.02 BUILDING PERMIT FEE.
The building permit fee shall be $250.00 for each new dwelling whether a duplex or single family. The fee for remodeling shall be the greater of $3.00 per $1,000.00 of project cost or $15.00.
12.03 BUILDINGS TO CONFORM TO DWELLING CODE.
All dwellings constructed in the Town of Dunkirk shall conform to the State of Wisconsin Uniform Dwelling Code.
12.04 RESTRICTION OF HOLDING TANK USE.
(1) Holding Tanks Prohibited in New Construction. The Town Board, having found that the County of Dane has not adopted an ordinance prohibiting the installation and use of holding tanks for new construction and having the power to enact such prohibition itself pursuant to the provisions of ILHR 83.1 8(2)(b) Wisconsin Administrative Code, adopted by authority of Chapter 145 Wisconsin Statutes, the installation and/or use of "holding tanks" (as defined in ILHR 83.02(26) in any and all new construction in the Town is hereby prohibited.
(2) Appeal Procedure. Any person wishing to install and/or use a holding tank in new construction contrary to the prohibition in (1) above, may appeal in writing to the Town Board. Upon such appeal the Board will hold a public hearing, on notice, to determine whether grounds exist to grant a variance to the prohibition contained in (1) above. Variances will be granted only on a showing by the applicant that a variance from the prohibition is necessary to avoid a severe and substantial hardship to the property owner and that said hardship is of such severity as to overcome the public interest in avoiding the increase of holding tanks in the Town with all of their attendant difficulties. Variances may not be granted based on "hardships" which the applicant could have avoided or on the mere inability, without a variance, to develop land to the maximum extent otherwise permissible. In the event a variance is granted, the Town Clerk will, in writing, notify the Wisconsin Department of Industry, Labor and Human Relations of such variance.
12.05 PENALTIES AND ENFORCEMENT
The Town Board and/or the building inspector may enforce compliance with this Chapter by means of the withholding of building permits, imposition of forfeitures and injuncture actions as provided by Wisconsin Statutes, Chapter 62.23(9). Violations hereof may also result in a Class D forfeiture under Chapter 17 of this code. Each day that a violation continues shall be considered a separate violation.
12.06 SEVERABILITY.
If any section, clause, provision or portion of this Chapter or applicable portion of the Wisconsin Administrative Code as supplemented and amended from time to time, is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remaining provisions shall not be affected thereby.
