Council adopts ordinances tightening inspection reporting, change-of-use certificates and reinspection fees

The Fort Atkinson City Council on Aug. 5 approved three separate ordinances affecting building, fire and code-enforcement procedures. The ordinances amend the municipal code to (1) require submission of fire inspection records and evidence of repairs, (2) require certificates of occupancy for changes in use, and (3) create a reinspection fee and related procedural fees for code enforcement and permitting.

Fire Chief Peterson presented the fire-inspection ordinance (amendment to section 34-2), noting the department performs roughly 700 occupancy inspections annually and already sees evidence that alarm and sprinkler systems receive required annual checks. The ordinance grants the fire chief authority to require electronic submission of inspection records and proof that code violations were repaired. Peterson said staff projects labor savings and no direct cost to the city because businesses already obtain the inspections; the ordinance formalizes the submission process.

Director Drager presented the certificate-of-occupancy ordinance (new section 18-82). The change requires a certificate of occupancy when a property’s use or occupancy type changes, even if a building permit is not otherwise required. Drager said the rule creates a point of contact for a new or relocating business and helps the city identify code, fire-safety or permitting requirements early so businesses do not retrofit after moving in. He emphasized the ordinance is intended to address safety and information flow and is not a zoning approval: if both uses are permitted in the zoning district, zoning does not prevent the change; the certificate process addresses building- and life-safety issues.

The council also approved an ordinance creating section 1-16 and amending other code sections to allow the city to assess fees for inspections and reinspection when property owners do not correct violations after notice. Director Drager said the council seeks to allocate the cost of enforcement to the properties requiring repeated city staff time; the approach supplements citations and provides a fee-based enforcement tool. Drager cited unpaid citation balances from Feb. 2018 totaling nearly $14,000 as an example of past collection difficulties.

Each ordinance was advanced on second reading, the council suspended the rules to conduct a third reading, and the council approved final readings and adoption by roll-call vote. For each ordinance, council members recorded “aye” votes and no recorded opposition, and the ordinances become effective immediately under the council’s action.

Staff said the inspection-records ordinance should reduce repeat site visits and improve compliance tracking. The certificate-of-occupancy change is framed as assistance to businesses entering new spaces and as a safety check for occupancy-related requirements (for instance, exit signage and egress capacity). The fee ordinance is intended to reduce the administrative and legal burden on general-tax revenues from protracted enforcement.