[Amended 11-12-2019 by Ord. No. 18-2019]
Any violation of the provisions of this chapter shall be deemed
unlawful. When necessary, to determine compliance with this chapter,
the Land Use Planning and Zoning Department shall investigate alleged
violations. After confirmation that a violation exists, the Land Use
Planning and Zoning Department shall pursue compliance of the violation
and enforce the provisions of this chapter.
[Amended 11-12-2019 by Ord. No. 18-2019]
A.Â
Any violation of the provisions of this chapter by or under the direction
of the landowner shall be brought into compliance upon notification
by the Land Use Planning and Zoning Department or the Land Use Planning
and Zoning Committee or the County Corporation Counsel.
B.Â
The County Corporation Counsel shall have the authority to use all
legal remedies necessary to enforce the provisions of this chapter.
After consultation with the Land Use Planning and Zoning Department
and/or the Land Use Planning and Zoning Committee, the Corporation
Counsel shall determine which legal remedy or legal remedies are in
order to enforce the provisions of this chapter.
C.Â
Each day that the violation exists, after receiving notice of the
violation from the Land Use Planning and Zoning Department by certified
or registered mail, or personal service per § 801.11, Wis.
Stats., shall constitute a separate offense.
(1)Â
Any landowner who violates or refuses to comply with any of the provisions
of this chapter shall be subject to a forfeiture of not less than
$50 nor more than $500 per offense, together with the taxable costs
of action.
(2)Â
A landowner may request an extension to a deadline for compliance
as set by the Department. The request for extension must be made in
writing and include the following information: parcel number, address,
current owner information, reference within the ordinance(s) of existing
violations, number of days the extension is being requested for, enforceable
compliance schedule/time frame, if any, other existing violations
on the property have been resolved, and other pertinent information.
D.Â
In addition to the Corporation Counsel having the authority to enforce the provisions of this chapter per Subsection B above, the designated staff of the Land Use Planning and Zoning Department shall have the authority to and may prepare, sign, and issue citations in order to commence action to achieve compliance with the provisions of this chapter.
A.Â
No land use permit obtained. When the Land Use Planning and Zoning
Department is notified or becomes aware of any activity in violation
of the provisions of this chapter by or under the direction of the
landowner that requires issuance of a land use permit pursuant to
this chapter, and such a permit has not been obtained, the Land Use
Planning and Zoning Department may issue a stop-work order requiring
any such activity to be immediately stopped and enjoined.
B.Â
Land use permit obtained. When the Land Use Planning and Zoning Department
is notified or becomes aware of any activity in violation of the provisions
of this chapter by or under the direction of the landowner for which
a land use permit was issued and the actual activity deviates from
that land use permit, the Land Use Planning and Zoning Department
may issue a stop-work order requiring the activity to be immediately
stopped and enjoined.
C.Â
The stop-work order shall be mailed to the subject landowner's property
tax bill mailing address or the mailing address as stated on the land
use permit application and/or to any person signing the land use permit
application.
D.Â
The stop-work order card issued and posted by the Land Use Planning
and Zoning Department shall be posted at the subject site in plain
view from a nontrespass location off the subject property. A stop-work
order card shall remain posted until compliance of the violation occurs.
In the event that a stop-work order has been removed from its posted
location by persons other than Department staff, the property owner(s)
and/or other agents, upon conviction, shall be subject to a $300 fine
plus court costs. The fine shall increase by $300 after each offense
and be cumulative. For example: $300 first offense, $600 for second
offense, $900 for third offense, and so on. If a property owner removes
a stop work order sign three times they shall be subject to $1,800
($300 + $600 + $900) in fines plus court costs.
[Amended 11-12-2019 by Ord. No. 18-2019]
E.Â
An action filed pursuant to the Board of Adjustment or to any court
shall stop work during and until the final outcome of the action has
been reached or until so ordered by a Court of appropriate jurisdiction.
Every violation of this chapter is a public nuisance, and the
creation thereof may be enjoined and the maintenance thereof abated
pursuant to § 59.69(11), Wis. Stats.
Whenever the Land Use Planning and Zoning Department finds that
an emergency exists such as sudden, unexpected occurrences, or combinations
thereof, unforeseen conditions or circumstances at the time beyond
a landowner's control, adverse weather conditions, meeting a timetable
which requires immediate action to protect the public health, safety,
and welfare, the Land Use Planning and Zoning Department may, without
notice or hearing, issue an order citing the existence of such emergency
and may require that such action be taken as may be deemed necessary
to meet the emergency. The Land Use Planning and Zoning Department
shall notify the Chairperson of the Land Use Planning and Zoning Committee
within 24 hours of such situations. Notwithstanding any other provisions
of this chapter, such order shall become effective immediately. Any
person to whom such order is directed shall comply therewith immediately.
Appeals or challenges to emergency orders may be brought to the Board
of Adjustment after emergency conditions have ceased.
