City of Franklin, WI
Milwaukee County
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Table of Contents
Table of Contents
A. 
Zoning Violations.
1. 
Unlawful to Use or Improve Any Structure or Land, or to Use Water or Air in Violation of Any Provisions of This Ordinance. It shall be unlawful to use or improve any structure or land, or to use water or air in violation of any provisions of this Ordinance. In case of violation, the Common Council, the Zoning Administrator, the City Attorney, the Plan Commission or any property owner who would be specifically damaged by such violation, may institute appropriate action or proceeding to enjoin a violation of this Ordinance or cause a structure to be vacated or removed.
B. 
Structure, Fill, or Development Placed or Maintained Within Any Floodplain Area in Violation of this Ordinance. Every structure, fill, or development placed or maintained within any floodplain area in violation of this Ordinance is hereby declared a public nuisance and the creation thereof may be enjoined and maintenance thereof may be abated by action of suit of the State, the County, the City or any citizen thereof.
C. 
Actions and Proceedings to Enjoin Violations. The City of Franklin may institute appropriate action or proceedings to enjoin violations of this Ordinance or the applicable Wisconsin Statutes or Wisconsin Administrative Code.
D. 
Land Division Violations.
1. 
Unlawful to Violate Ordinance Provisions. It shall be unlawful to build upon, divide, convey, record or place monuments on any land in violation of this Ordinance or the Wisconsin Statutes; and no person, firm, or corporation shall be issued a Building Permit by the City of Franklin authorizing the building on, or improvement of, any Subdivision, Certified Survey Map, Condominium, or replat within the jurisdiction of this Ordinance not of record as of the effective date of this Ordinance until the provisions and requirements of this Ordinance have been fully met.
2. 
Actions and Proceedings to Enjoin Violations. The City of Franklin may institute appropriate action or proceedings to enjoin violations of this Ordinance or the applicable Wisconsin Statutes or Wisconsin Administrative Code.
A. 
Double Fee. A double fee shall be charged by the Zoning Administrator if work is started before a permit is applied for and issued. Such double fee shall not release the applicant from full compliance with this Ordinance nor from prosecution for violation of this Ordinance.
B. 
Remedial Action. Whenever an order of the Zoning Administrator has not been complied with within 30 days after written notice has been mailed to the owner, resident agent, or occupant of the premises, the Common Council, the Zoning Administrator, the Building Inspector, or the City Attorney may institute appropriate legal action or proceedings to prohibit such owner, agent, or occupant from using such structure, land, or water.
C. 
Forfeiture and Imprisonment. Any person, firm, or corporation who violates or fails to comply with the provisions of this Ordinance shall, upon conviction thereof, in addition to all other remedies set forth under this Ordinance, be subject to the penalty provisions set forth under § 31.04 of the Municipal Code, as amended.
D. 
Separate Offense. Each day a violation exists or continues shall constitute a separate offense.
E. 
Injunctive Relief. In addition to the above-described fines, the Common Council or its agent shall have the power to institute appropriate action for injunctive relief to prevent persons, firms, or corporations from acting in violation of the provision of this Ordinance.
F. 
Violations and Concomitant Penalties Relating to Land Division. Violations and concomitant penalties shall include:
1. 
Improper Recordation. Recordation improperly made carries penalties as provided in § 236.30 of the Wisconsin Statutes.
2. 
Conveyance of Lots in Unrecorded Plats. Conveyance of lots in unrecorded plats carries penalties as provided for in § 236.31 of the Wisconsin Statutes.
3. 
Monuments Disturbed or Not Placed. Monuments disturbed or not placed carries penalties as provided for in § 236.32 of the Wisconsin Statutes.