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.
