City of New Berlin, WI Article IX Enforcement and Penalties

§ 275-66 Responsibility for inspection and enforcement.

The Director shall have primary responsibility for enforcing all provisions of this chapter, pursuant to the policies and procedures set forth in this article. The Director is hereby empowered to cause any building, other structure, or tract of land to be inspected and examined for suspected or potential violations of this chapter after proper notification. If permission to enter the property is withheld, the Director may seek a court order to require inspection of the property.

§ 275-67 Violations.

A. Types of violations. Any violation of this chapter shall be subject to the remedies and penalties provided for in this chapter. Violations shall include:

(1) Use, reuse, structure, or sign without permit or approval. To place any use, reuse, structure, or sign upon land that is subject to this chapter without all of the permits required by this chapter or any other ordinance;

(2) Development without permit or approval. To engage in any development, construction, or other activity of any nature upon land that is subject to this chapter without all of the permits or approvals required by this chapter or any other ordinance;

(3) Development, use, or sign inconsistent with permit. To engage in any development, use, construction, or other activity of any nature in any way inconsistent with the terms and conditions of any permit, approval, certificate, or other form of authorization required in order to engage in such activity;

(4) Development, use, or sign inconsistent with conditions of approval. To violate, by act or omission, any term, condition, or qualification placed by a decisionmaking body upon any permit or other form of authorization;

(5) Development or sign inconsistent with development ordinance. To erect, construct, reconstruct, alter, maintain, move, or use any building, structure, or sign, or to engage in development of any land, in violation of any zoning, sign, or other regulation of this chapter;

(6) Making lots or setbacks nonconforming. To reduce or diminish any lot area so that the lot size, width, setbacks, or open spaces shall be smaller than prescribed by this chapter;

(7) Increasing intensity or density of use. To increase the intensity or density of use of any land or structure, except in accordance with the procedural requirements and substantive standards of this chapter;

(8) Removing or defacing required notice. To remove, deface, obscure, or otherwise interfere with any notice required by this chapter;

(9) Failure to remove signs or temporary uses. To fail to remove any sign or temporary use installed, created, erected, or maintained in violation of this chapter or for which the permit has lapsed;

(10) Illegal use of floodland area. To place or maintain a structure, fill, improvement, or development within any floodland area in violation of this chapter; and

(11) All other violations. To establish or operate other activities, structures, or land uses in violation of any specific provisions, or the general purpose and intent, of this chapter.

B. Continuing violations. Each day that a violation remains uncorrected after receiving notice of the violation from the Director or his/her designee by certified or registered mail shall constitute a separate violation of this chapter.

§ 275-68 Remedies and enforcement powers.

A. Persons authorized to seek relief. Only those persons or parties who would be specifically damaged by a violation of this chapter may institute appropriate action or proceedings for relief pursuant to the procedures set forth in this chapter. Such persons or parties may include the City, the Common Council, the Board of Appeals, the Plan Commission, the Director, or any adjacent or neighboring property owner.

B. Types of remedies and enforcement powers. The City shall have the following remedies and enforcement powers:

(1) Revoke permits. Any development permit or other form of authorization required under this chapter may be revoked when the Director and the Plan Commission determine that:

(a) There is departure from the plans, specifications, or conditions as required under terms of the permit;

(b) The development permit was procured by false representation or was issued in error; or

(c) Any of the provisions of this chapter are being violated.

(2) Penalties. Any person who fails to comply with the provisions of this chapter or any order of the Director issued in accordance with this chapter or resists enforcement shall, upon conviction thereof, pay a penalty as specified in Chapter 1, General Provisions, § 1-18, of the Code of the City of New Berlin.

(3) Double fee. A double fee shall be charged if work is started before a permit is applied for or issued or if a building is occupied prior to the issuance of an occupancy permit. Such double fee shall not release the applicant from full compliance with this chapter nor from prosecution for violation of this chapter. The Director may waive the permit double fees for an applicant if the Director feels sufficient evidence has been provided to determine that a double fee is not warranted. If the Director denies the request, then the applicant may appeal to the Plan Commission.

(4) Remedial action. Whenever an order of the Director, Building Inspector or other City official, pursuant to this chapter, has not been complied with, or where written agreements for compliance have not been made by the property owner, the City Attorney shall institute appropriate legal action or proceedings to prohibit the owner, agent, or occupant from using such structure, land, or water. The City may seek a court order in the nature of mandamus, abatement, or other action or proceeding to abate or remove a violation or to otherwise restore the premises in question to the condition in which it existed prior to the violation.

(5) Injunctive relief. Compliance with the provisions of this chapter may also be enforced by injunctional order at the suit of the City or one or more adjacent or neighboring property owners who would be specifically damaged by the ordinance violation.

(6) Declared nuisances. Any building erected, structurally altered, or placed on a lot, or any use carried on, in violation of the provisions of this chapter is hereby declared to be a nuisance per se, and the City may apply to any court of competent jurisdiction to restrain or abate such nuisance.

(7) Other remedies. The City shall have such other remedies as are and as may be from time to time provided by Wisconsin law for the violation of zoning, subdivision, sign, or related ordinance provisions.

(8) Other powers. In addition to the enforcement powers specified in this chapter, the City may exercise any and all enforcement powers granted by Wisconsin law.

(9) Continuation. Nothing in this chapter shall prohibit the continuation of previous enforcement actions undertaken by the City pursuant to previous and valid ordinances and laws.

C. Remedies cumulative. The remedies and enforcement powers established in this article shall be cumulative, and the City may exercise them in any order.

§ 275-69 Enforcement procedures.

A. Nonemergency matters. In the case of violations of this chapter that do not constitute an emergency or require immediate attention, the Director shall give notice of the nature of the violation to the property owner or to any applicant for any relevant permit in the manner hereafter stated, after which the persons receiving notice shall have up to 30 days to correct the violation before further enforcement action shall be taken. Notice shall be given in person, by mail, unless the document is returned, or by posting notice on the premises. Notices of violation shall state the nature of the violation and the time period for compliance and may state the corrective steps necessary and the nature of subsequent penalties and enforcement actions should the situation not be corrected.

B. Emergency matters. In the case of violations of this chapter that constitute an emergency as a result of safety or public concerns or violations that will create increased problems or costs if not remedied immediately, the City may use the enforcement powers available under this chapter without prior notice, but the Director shall attempt to give notice simultaneously with beginning enforcement action. Notice may be provided to the property owner and to applicants for any relevant permits.