City of Muskego, WI
Waukesha County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Muskego at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Amendments noted where applicable.]
GENERAL REFERENCES
Construction standards — See Ch. 164.
Stormwater management — See Ch. 309.
Floodplain zoning — See Ch. 386.
Land division — See Ch. 392.
Zoning — See Ch. 400.
A. 
This chapter is adopted under the authority granted by § 62.234, Wis. Stats. This chapter supersedes all provisions of an ordinance previously enacted under § 62.23, Wis. Stats., that relate to construction site erosion control. Except as otherwise specified in § 62.234, Wis. Stats., § 62.23, Wis. Stats., applies to this chapter and to any amendments to this chapter.
B. 
The provisions of this chapter are deemed not to limit any other lawful regulatory powers of the same governing body.
C. 
The Council hereby designates the City Engineer to administer and enforce the provisions of this chapter. The City Engineer may appoint assistants (designees) to aid in the performance of his duties and may seek technical advice as needed from the Waukesha County Department of Environmental Resources, Land Conservation Division, and/or the Wisconsin Department of Natural Resources (WDNR) as to adequacy of any proposed plan and permit application submitted to him.
D. 
The requirements of this chapter do not preempt more stringent erosion and sediment control requirements that may be imposed by any of the following:
(1) 
Wisconsin Department of Natural Resources administrative rules, permits or approvals, including those authorized under §§ 281.16 and 283.33, Wis. Stats.
(2) 
Targeted nonagricultural performance standards promulgated in rules by the Wisconsin Department of Natural Resources under § NR 151.004, Wis. Adm. Code.
The City of Muskego acknowledges that runoff from land disturbing construction activity carries a significant amount of sediment and other pollutants to the waters of the state in the City of Muskego.
It is the purpose of this chapter to maintain safe and healthful conditions; prevent and control water pollution; prevent and control soil erosion and sediment discharge; protect spawning grounds, fish and aquatic life; control building sites, placement of structures and land uses; preserve ground cover and scenic beauty; and promote sound economic growth by minimizing the amount of sediment and other pollutants carried by runoff or discharged from land disturbing construction activity to waters of the state in the City of Muskego.
A. 
Applicability.
(1) 
Except as provided under Subsection A(2), this chapter applies to any construction site as defined under § 162-5.
(2) 
This chapter does not apply to the following:
(a) 
Transportation facilities, except transportation facility construction projects that are part of a larger common plan of development, such as local roads within a residential or industrial development.
(b) 
A construction project that is exempted by federal statutes or regulations from the requirement to have a national pollutant discharge elimination system permit issued under 40 CFR 122 for land disturbing construction activity.
(c) 
Nonpoint discharges from agricultural facilities and practices.
(d) 
Nonpoint discharges from silviculture activities.
(3) 
Notwithstanding the applicability requirements in Subsection A(1), this chapter applies to construction sites of any size that, as determined by the City Engineer or his designee, are likely to result in runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of water, that causes undue channel erosion, or that increases water pollution by scouring or transporting of particulate matter.
B. 
Jurisdiction. This chapter applies to land disturbing construction activities on lands within the boundaries and jurisdiction of the City of Muskego.
C. 
Exclusions. This chapter is not applicable to activities conducted by a state agency, as defined under § 227.01(1), Wis. Stats.
As used in this chapter, the following terms shall have the meanings indicated:
ADMINISTERING AUTHORITY
A governmental employee, or a regional planning commission empowered under § 62.234, Wis. Stats., that is designated by the Council to administer this chapter.
AGRICULTURAL FACILITIES AND PRACTICES
Has the meaning in § 281.16(1), Wis. Stats.
BEST MANAGEMENT PRACTICE or BMP
Structural or nonstructural measures, practices, techniques or devices employed to avoid or minimize soil, sediment or pollutants carried in runoff to waters of the state.
BUSINESS DAY
A day the offices of the City of Muskego are routinely and customarily open for business.
CEASE-AND-DESIST ORDER
A court-issued order to halt land disturbing construction activity that is being conducted without the required permit or in violation of a permit issued by the City of Muskego.
CONSTRUCTION SITE
An area upon which one or more land disturbing construction activities occur, including areas that are part of a larger common plan of development or sale where multiple separate and distinct land disturbing construction activities may be taking place at different times on different schedules but under one plan. A long-range planning document that describes separate construction projects, such as a twenty-year transportation improvement plan, is not a common plan of development.
DESIGN STORM
A hypothetical discrete rainstorm characterized by a specific duration, temporal distribution, rainfall intensity, return frequency and total depth of rainfall.
DIVISION OF LAND
The creation from one parcel of two or more parcels or building sites of 20 or fewer acres each in area where such creation occurs at one time or through the successive partition within a five-year period.
EROSION
The process by which the land's surface is worn away by the action of wind, water, ice or gravity.
EROSION AND SEDIMENT CONTROL PLAN
A comprehensive plan developed to address pollution caused by erosion and sedimentation of soil particles or rock fragments during construction.
EXTRATERRITORIAL
The unincorporated area within three miles of the corporate limits of a first-, second-, or third-class city or within 1.5 miles of a fourth-class city or village.
FINAL STABILIZATION
All land disturbing construction activities at the construction site have been completed and a uniform, perennial, vegetative cover has been established, with a density of at least 70% of the cover, for the unpaved areas and areas not covered by permanent structures, or employment of equivalent permanent stabilization measures.
GOVERNING BODY
City of Muskego Common Council.
LAND DISTURBING CONSTRUCTION ACTIVITY
Any man-made alteration of the land surface resulting in a change in the topography or existing vegetative or nonvegetative soil cover, that may result in runoff and lead to an increase in soil erosion and movement of sediment into waters of the state. "Land disturbing construction activity" includes clearing and grubbing, demolition, excavating, pit trench dewatering, filling and grading activities.
LANDOWNER
Any person holding fee title, an easement or other interest in property which allows the person to undertake cropping, livestock management, land disturbing construction activity or maintenance of stormwater BMPs on the property.
MAXIMUM EXTENT PRACTICABLE
The highest level of performance that is achievable but is not equivalent to a performance standard identified in this chapter as determined in accordance with § 162-6 of this chapter.
PERFORMANCE STANDARD
A narrative or measurable number specifying the minimum acceptable outcome for a facility or practice.
PERMIT
A written authorization made by the City of Muskego to the applicant to conduct land disturbing construction activity or to discharge post-construction runoff to waters of the state.
POLLUTANT
Has the meaning given in § 283.01(13), Wis. Stats.
POLLUTION
Has the meaning given in § 281.01(10), Wis. Stats.
RESPONSIBLE PARTY
The landowner or any other entity performing services to meet the requirements of this chapter through a contract or other agreement.
RUNOFF
Stormwater or precipitation including rain, snow or ice melt or similar water that moves on the land surface via sheet or channelized flow.
SEDIMENT
Settleable solid material that is transported by runoff, suspended within runoff or deposited by runoff away from its original location.
SILVICULTURE ACTIVITY
Activities including tree nursery operations, tree harvesting operations, reforestation, tree thinning, prescribed burning, and pest and fire control. Clearing and grubbing of an area of a construction site is not a silviculture activity.
SITE
The entire area included in the legal description of the land on which the land disturbing construction activity is proposed in the permit application.
STOP-WORK ORDER
An order issued by the City of Muskego which requires that all construction activity on the site be stopped.
TECHNICAL STANDARD
A document that specifies design, predicted performance and operation and maintenance specifications for a material, device or method.
TRANSPORTATION FACILITY
A highway, a railroad, a public mass transit facility, a public use airport, a public trail or any other public work for transportation purposes, such as harbor improvements under § 85.095(1)(b), Wis. Stats. "Transportation facility" does not include building sites for the construction of public buildings and buildings that are places of employment that are regulated by the Department of Natural Resources pursuant to § 281.33, Wis. Stats.
WATERS OF THE STATE
Includes those portions of Lake Michigan and Lake Superior within the boundaries of this state, and all lakes, bays, rivers, streams, springs, ponds, wells, impounding reservoirs, marshes, watercourses, drainage systems and other surface water or groundwater, natural or artificial, public or private, within this state or its jurisdiction.
Maximum extent practicable applies when a person who is subject to a performance standard of this chapter demonstrates to the City Engineer's satisfaction that a performance standard is not achievable and that a lower level of performance is appropriate. In making the assertion that a performance standard is not achievable and that a level of performance different from the performance standard is the maximum extent practicable, the responsible party shall take into account the best available technology, cost effectiveness, geographic features, and other competing interests such as protection of public safety and welfare, protection of endangered and threatened resources, and preservation of historic properties.
All BMPs required for compliance with this chapter shall meet design criteria, standards and specifications based on any of the following:
A. 
Design guidance and technical standards identified or developed by the Wisconsin Department of Natural Resources under Subchapter V of Ch. NR 151, Wis. Adm. Code.
B. 
Soil loss prediction tools [such as the Universal Soil Loss Equation (USLE)] when using an appropriate rainfall or runoff factor (also referred to as the R factor) or an appropriate design storm and precipitation distribution, and when considering the geographic location of the site and the period of disturbance.
C. 
Technical standards and methods approved by the City Engineer or his designee.
A. 
Responsible party. The responsible party shall comply with this section.
B. 
Erosion and sediment control practices. Erosion and sediment control practices at each site where land disturbing construction activity is to occur shall be used to prevent or reduce all of the following:
(1) 
The deposition of soil from being tracked onto streets by vehicles.
(2) 
The discharge of sediment from disturbed areas into on-site stormwater inlets.
(3) 
The discharge of sediment from disturbed areas into adjacent waters of the state.
(4) 
The discharge of sediment from drainageways that flow off the site.
(5) 
The discharge of sediment by dewatering activities.
(6) 
The discharge of sediment eroding from soil stockpiles existing for more than seven days.
(7) 
The transport by runoff into waters of the state of chemicals, cement, and other building compounds and materials on the construction site during the construction period. However, projects that require the placement of these materials in waters of the state, such as constructing bridge footings or BMP installations, are not prohibited by this subsection.
C. 
Location. The BMPs shall be located so that treatment occurs before runoff enters waters of the state.
D. 
Implementation. The BMPs used to comply with this section shall be implemented as follows:
(1) 
Erosion and sediment control practices shall be constructed or installed before land disturbing construction activities begin.
(2) 
Erosion and sediment control practices shall be maintained until final stabilization.
(3) 
Final stabilization activity shall commence when land disturbing activities cease and final grade has been reached on any portion of the site.
(4) 
Temporary stabilization activity shall commence when land disturbing activities have temporarily ceased and will not resume for a period exceeding 14 calendar days.
(5) 
Best management practices that are no longer necessary for erosion and sediment control shall be removed by the responsible party.
A. 
Responsible party. The responsible party shall comply with this section and implement the erosion and sediment control plan developed in accordance with § 162-11.
B. 
Erosion and sediment control plan. A written site-specific erosion and sediment control plan shall be developed in accordance with § 162-11 of this chapter and implemented for each construction site.
C. 
Erosion and other pollutant control requirements. The erosion and sediment control plan required under Subsection B shall include the following:
(1) 
Erosion and sediment control practices. Erosion and sediment control practices at each site where land disturbing construction activity is to occur shall be used to prevent or reduce all of the following:
(a) 
The deposition of soil from being tracked onto streets by vehicles.
(b) 
The discharge of sediment from disturbed areas into on-site stormwater inlets.
(c) 
The discharge of sediment from disturbed areas into adjacent waters of the state.
(d) 
The discharge of sediment from drainageways that flow off the site.
(e) 
The discharge of sediment by dewatering activities.
(f) 
The discharge of sediment eroding from soil stockpiles existing for more than seven days.
(g) 
The discharge of sediment from erosive flows at outlets and in downstream channels.
(h) 
The transport by runoff into waters of the state of chemicals, cement, and other building compounds and materials on the construction site during the construction period. However, projects that require the placement of these materials in waters of the state, such as constructing bridge footings or BMP installations, are not prohibited by this subsection.
(i) 
The transport by runoff into waters of the state of untreated wash water from vehicle and wheel washing.
(2) 
Sediment performance standards. In addition to the erosion and sediment control practices under Subsection C(1), the following erosion and sediment control practices shall be employed:
(a) 
Best management practices that, by design, discharge no more than five tons per acre per year, or to the maximum extent practicable, of the sediment load carried in runoff from initial grading to final stabilization.
(b) 
No person shall be required to employ more BMPs than are needed to meet a performance standard in order to comply with maximum extent practicable. Erosion and sediment control BMPs may be combined to meet the requirements of this subsection. Credit may be given toward meeting the sediment performance standard of this subsection for limiting the duration or area, or both, of land disturbing construction activity, or for other appropriate mechanisms.
(c) 
Notwithstanding Subsection C(2)(a), if BMPs cannot be designed and implemented to meet the sediment performance standard, the erosion and sediment control plan shall include a written, site-specific explanation of why the sediment performance standard cannot be met and how the sediment load will be reduced to the maximum extent practicable.
(3) 
Preventive measures. The erosion and sediment control plan shall incorporate all of the following:
(a) 
Maintenance of existing vegetation, especially adjacent to surface waters whenever possible.
(b) 
Minimization of soil compaction and preservation of topsoil.
(c) 
Minimization of land disturbing construction activity on slopes of 20% or more.
(d) 
Development of spill prevention and response procedures.
(4) 
Location. The BMPs used to comply with this section shall be located so that treatment occurs before runoff enters waters of the state.
D. 
Implementation. The BMPs used to comply with this section shall be implemented as follows:
(1) 
Erosion and sediment control practices shall be constructed or installed before land disturbing construction activities begin in accordance with the erosion and sediment control plan developed in Subsection B.
(2) 
Erosion and sediment control practices shall be maintained until final stabilization.
(3) 
Final stabilization activity shall commence when land disturbing activities cease and final grade has been reached on any portion of the site.
(4) 
Temporary stabilization activity shall commence when land disturbing activities have temporarily ceased and will not resume for a period exceeding 14 calendar days.
(5) 
Best management practices that are no longer necessary for erosion and sediment control shall be removed by the responsible party.
A. 
Permit required. No responsible party may commence a land disturbing construction activity subject to this chapter without receiving prior approval of an erosion and sediment control plan for the site and a permit from the City of Muskego.
B. 
Permit application and fees. The responsible party that will undertake a land disturbing construction activity subject to this chapter shall submit an application for a permit and an erosion and sediment control plan that meets the requirements of § 162-11 and shall pay an application fee to the City of Muskego in the amount specified in § 162-12. By submitting an application, the applicant is authorizing the City Engineer or his designee to enter the site to obtain information required for the review of the erosion and sediment control plan.
C. 
Permit application review and approval. The City Engineer or his designee shall review any permit application that is submitted with an erosion and sediment control plan and the required fee. The following approval procedure shall be used:
(1) 
Within 45 business days of the receipt of a complete permit application, as required by Subsection B, the City Engineer or his designee shall inform the applicant whether the application and erosion and sediment control plan are approved or disapproved based on the requirements of this chapter.
(2) 
If the permit application and erosion and sediment control plan are approved, the City Engineer or his designee shall issue the permit.
(3) 
If the permit application or erosion and sediment control plan is disapproved, the City Engineer or his designee shall state in writing the reasons for disapproval.
(4) 
The City Engineer or his designee may request additional information from the applicant. If additional information is submitted, the City Engineer or his designee shall have 10 business days from the date the additional information is received to inform the applicant that the erosion and sediment control plan is either approved or disapproved.
D. 
Surety bond. As a condition of approval and issuance of the permit, the City of Muskego may require the applicant to deposit a surety bond or irrevocable letter of credit to guarantee a good faith execution of the approved erosion and sediment control plan and any permit conditions.
E. 
Permit requirements. All permits shall require the responsible party to:
(1) 
Provide written notice to the City Engineer or his designee within 48 hours of commencing any land disturbing construction activity.
(2) 
Provide written notice to the City Engineer or his designee of completion of any BMPs within 10 days after their installation.
(3) 
Obtain permission in writing from the City Engineer or his designee prior to any modification pursuant to § 162-11C of the erosion and sediment control plan.
(4) 
Install all BMPs as identified in the approved erosion and sediment control plan.
(5) 
Maintain all road drainage systems, stormwater drainage systems, BMPs and other facilities identified in the erosion and sediment control plan.
(6) 
Repair any siltation or erosion damage to adjoining surfaces and drainageways resulting from land disturbing construction activities and document repairs in a site inspection log.
(7) 
Inspect the BMPs within 24 hours after each rain of 0.5 inch or more which results in runoff during active construction periods and at least once each week, make needed repairs and install additional BMPs as necessary, and document these activities in an inspection log that also includes the date of inspection, the name of the person conducting the inspection, and a description of the present phase of the construction at the site.
(8) 
Allow the City Engineer or his designee to enter the site for the purpose of inspecting compliance with the erosion and sediment control plan or for performing any work necessary to bring the site into compliance with the erosion and sediment control plan and keep a copy of the erosion and sediment control plan at the construction site.
F. 
Permit conditions. Permits issued under this section may include conditions established by City of Muskego in addition to the requirements set forth in Subsection E, where needed to assure compliance with the performance standards in § 162-8 or 162-9.
G. 
Permit duration. Permits issued under this section shall be valid for a period of 365 days or the length of the building permit or other construction authorizations, whichever is longer, from the date of issuance. The City Engineer or his designee may grant one or more extensions not to exceed 365 days cumulatively. The City Engineer or his designee may require additional BMPs as a condition of an extension if they are necessary to meet the requirements of this chapter.
H. 
Maintenance. The responsible party throughout the duration of the construction activities shall maintain all BMPs necessary to meet the requirements of this chapter until the site has undergone final stabilization.
A. 
Erosion and sediment control plan statement. For each construction site identified under § 162-4A(3), an erosion and sediment control plan statement shall be prepared. This statement shall be submitted to the City Engineer or his designee. The erosion and sediment control plan statement shall briefly describe the site, the development schedule, and the BMPs that will be used to meet the requirements of this chapter. A site map shall also accompany the erosion and sediment control plan statement.
B. 
Erosion and sediment control plan requirements.
(1) 
An erosion and sediment control plan shall be prepared and submitted to the City Engineer or his designee.
(2) 
The erosion and sediment control plan shall be designed to meet the performance standards in §§ 162-8 and 162-9 and other requirements of this chapter.
(3) 
The erosion and sediment control plan shall address pollution caused by soil erosion and sedimentation during construction and up to final stabilization of the site. The erosion and sediment control plan shall include, at a minimum, the following items:
(a) 
Name(s) and address(es) of the owner or developer of the site, and of any consulting firm retained by the applicant, together with the name of the applicant's principal contact at such firm. The application shall also include start and end dates for construction.
(b) 
Description of the construction site and the nature of the land disturbing construction activity, including representation of the limits of land disturbance on a United States Geological Service 7.5-minute series topographic map.
(c) 
Description of the intended sequence of major land disturbing construction activities for major portions of the construction site, including stripping and clearing; rough grading; construction of utilities, infrastructure, and buildings; and final grading and landscaping. Sequencing shall identify the expected date on which clearing will begin, the estimated duration of exposure of cleared areas, areas of clearing, installation of temporary erosion and sediment control measures, and establishment of permanent vegetation.
(d) 
Estimates of the total area of the construction site and the total area of the construction site that is expected to be disturbed by land disturbing construction activities.
(e) 
Calculations to show compliance with the performance standard in § 162-9C(2)(a).
(f) 
Existing data describing the surface soil as well as subsoils.
(g) 
Depth to groundwater, as indicated by Natural Resources Conservation Service soil information where available.
(h) 
Name of the immediate named receiving water from the United States Geological Service 7.5 minute series topographic maps.
(4) 
The erosion and sediment control plan shall include a site map. The site map shall include the following items and shall be at a scale not greater than 100 feet per inch and at a contour interval not to exceed five feet:
(a) 
Existing topography, vegetative cover, natural and engineered drainage systems, roads and surface waters. Lakes, streams, wetlands, channels, ditches and other watercourses on and immediately adjacent to the site shall be shown. Any identified one-hundred-year floodplains, flood-fringes and floodways shall also be shown.
(b) 
Boundaries of the construction site.
(c) 
Drainage patterns and approximate slopes anticipated after major grading activities.
(d) 
Areas of soil disturbance.
(e) 
Location of major structural and nonstructural controls identified in the erosion and sediment control plan.
(f) 
Location of areas where stabilization BMPs will be employed.
(g) 
Areas which will be vegetated following land disturbing construction activities.
(h) 
Area(s) and location(s) of wetland on the construction site, and locations where stormwater is discharged to a surface water or wetland within 1/4 mile downstream of the construction site.
(i) 
Areas(s) used for infiltration of post-construction stormwater runoff.
(j) 
An alphanumeric or equivalent grid overlying the entire construction site map.
(5) 
Each erosion and sediment control plan shall include a description of appropriate control BMPs that will be installed and maintained at the construction site to prevent pollutants from reaching waters of the state. The erosion and sediment control plan shall clearly describe the appropriate erosion and sediment control BMPs for each major land disturbing construction activity and the timing during the period of land disturbing construction activity that the erosion and sediment control BMPs will be implemented. The description of erosion and sediment control BMPs shall include, when appropriate, the following minimum requirements:
(a) 
Description of interim and permanent stabilization practices, including a BMP implementation schedule. The erosion and sediment control plan shall ensure that existing vegetation is preserved where attainable and that disturbed portions of the site are stabilized.
(b) 
Description of structural practices to divert flow away from exposed soils, store flows or otherwise limit runoff and the discharge of pollutants from the site. Unless otherwise specifically approved in writing by the City Engineer or his designee, structural measures shall be installed on upland soils.
(c) 
Management of overland flow at all areas of the construction site, unless otherwise controlled by outfall controls.
(d) 
Trapping of sediment in channelized flow.
(e) 
Staging land disturbing construction activities to limit exposed soil areas subject to erosion.
(f) 
Protection of downslope drainage inlets where they occur.
(g) 
Minimization of tracking at all vehicle and equipment entry and exit locations of the construction site.
(h) 
Clean up of off-site sediment deposits.
(i) 
Proper disposal of building and waste material.
(j) 
Stabilization of drainageways.
(k) 
Installation of permanent stabilization practices as soon as possible after final grading.
(l) 
Minimization of dust to the maximum extent practicable.
(6) 
The erosion and sediment control plan shall require that velocity dissipation devices be placed at discharge locations and along the length of any outfall channel as necessary to provide a nonerosive flow from the structure to a watercourse so that the natural physical and biological characteristics and functions are maintained and protected.
C. 
Erosion and sediment control plan amendments. The applicant shall amend the erosion and sediment control plan if any of the following occur:
(1) 
There is a change in design, construction, operation or maintenance at the site which has the reasonable potential for the discharge of pollutants to waters of the state and which has not otherwise been addressed in the erosion and sediment control plan.
(2) 
The actions required by the erosion and sediment control plan fail to reduce the impacts of pollutants carried by construction site runoff.
(3) 
The City Engineer or his designee notifies the applicant of changes needed in the erosion and sediment control plan.
The fees referred to in other sections of this chapter shall be established by the City of Muskego and may from time to time be modified by resolution. A schedule of the fees established by the City of Muskego shall be available for review in the City Hall, W182 S8200 Racine Avenue, Muskego, Wisconsin, 53150.
If land disturbing construction activities are occurring without a permit required by this chapter, the City Engineer or his designee may enter the land pursuant to the provisions of § 66.0119(1), (2) and (3), Wis. Stats.
A. 
The City Engineer or his designee may post a stop-work order if any of the following occurs:
(1) 
Land disturbing construction activity regulated under this chapter is occurring without a permit.
(2) 
The erosion and sediment control plan is not being implemented in good faith.
(3) 
The conditions of the permit are not being met.
B. 
If the responsible party does not cease activity as required in a stop-work order posted under this section or fails to comply with the erosion and sediment control plan or permit conditions, the City Engineer or his designee may revoke the permit.
C. 
If the responsible party, where no permit has been issued or the permit has been revoked, does not cease the activity after being notified by the City Engineer or his designee, or if a responsible party violates a stop-work order posted under Subsection A, the City Engineer or his designee may request the City Attorney to obtain a cease-and-desist order in any court with jurisdiction.
D. 
The City Engineer or Public Works and Safety Committee may retract the stop-work order issued under Subsection A or the permit revocation under Subsection B.
E. 
After posting a stop-work order under Subsection A, the City Engineer or his designee may issue a notice of intent to the responsible party of his intent to perform work necessary to comply with this chapter. The City Engineer or his designee may go on the land and commence the work after issuing the notice of intent. The costs of the work performed under this subsection by the City Engineer or his designee, plus interest at the rate authorized by City of Muskego, shall be billed to the responsible party. In the event a responsible party fails to pay the amount due, the Clerk shall enter the amount due on the tax rolls and collect as a special assessment against the property.
F. 
Any person violating any of the provisions of this chapter shall be subject to the general penalty provision of § 1-4 of the Muskego Municipal Code. Each day a violation exists shall constitute a separate offense.
G. 
Compliance with the provisions of this chapter may also be enforced by injunction in any court with jurisdiction. It shall not be necessary to prosecute for forfeiture or a cease-and-desist order before resorting to injunctional proceedings.
A. 
Zoning Board of Appeals. The Zoning Board of Appeals created pursuant to Chapter 400, Zoning, of the City of Muskego Municipal Code pursuant to § 62.23(7)(e), Wis. Stats., shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the City Engineer or his designee in administering this chapter. The Board shall also use the rules, procedures, duties, and powers authorized by statute in hearing and deciding appeals. Upon appeal, the Board may authorize variances from the provisions of this chapter that are not contrary to the public interest and where owing to special conditions a literal enforcement of this chapter will result in unnecessary hardship.
B. 
Who may appeal. Appeals to the Zoning Board of Appeals may be taken by any aggrieved person or by an officer, department, board, or bureau of the City of Muskego affected by any decision of the City of Muskego.