[HISTORY: Adopted by the Common Council of
the City of Bayfield 6-12-2017 by Ord. No. 388. Amendments noted where applicable.]
A.
When the City becomes aware of any violation of Chapter 146 (Brush, Grass and Weeds), Chapter 289 (Nuisances), Chapter 314 (Property Maintenance) or Chapter 360 (Trees and Shrubs) of this Code, the City may cause to be served upon the violator or upon the owner or occupant of the property where the nuisance or violation exists, a written notice as described in Subsection B of this section.
B.
The notice to be served under this section shall include all of the
following information:
(1)
The nature of the violation or nuisance;
(2)
A description of the property, sufficient for identification, where
said nuisance or violation exists;
(3)
The remedial action required;
(4)
A reasonable time for the performance of any act it requires; and
(5)
A warning of the penalties that could result from a failure to timely
remedy any violation or nuisance.
C.
After service of notice under this section, the offender shall permanently
cease all violations, and abate any condition constituting a nuisance
within the period of time stated in such notice.
D.
Any person who fails to cease a violation or abate a nuisance within
the time period stated in the notice shall be subject to a penalty
as provided herein. The City Clerk, or other official designated by
the Common Council, shall enforce the provisions of this chapter.
The following levels of penalties shall apply to violations
enforced under this section:
(1)
Level one: The notice given under this section shall allow 10 days
for remedying the violation or nuisance and shall include a forfeiture
of $25 if the violation or nuisance is not remedied by the 10th day.
(2)
Level two: If the violation or nuisance is not remedied by the 20th
day, a penalty of $50 shall apply. This penalty shall be due in addition
to the level one penalty.
(3)
Level three: If the violation or nuisance is not remedied by the
30th day, a penalty of $200 shall apply. This penalty shall be due
in addition to the level one and level two penalties.
E.
In addition to the penalties stated above, any violator of any term
or provision of this section shall pay the costs of prosecution, including
any reasonable attorney fees incurred by the City of Bayfield, which
amount shall be added to the forfeiture.
F.
Nothing in this section shall preclude the City from maintaining
any appropriate action to prevent or remove a violation or nuisance.
G.
If the violation or condition constituting a nuisance is not remedied
or abated within the time period stated in the notice, the City may,
but is not required to, take any action allowed by law to abate the
nuisance or remedy the violation. Any cost to the City of abating
the nuisance or remedying the violation shall be collected as a debt
from the owner, occupant or person causing, permitting or maintaining
the nuisance or violation. Such cost shall be assessed against the
real estate as a special charge.
H.
Any person feeling aggrieved by an order or determination under this
section 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.
