A.
It shall be unlawful to locate, erect, construct,
reconstruct, alter, enlarge, extend, convert or relocate any building,
structure or sign or use any building, structure, land or sign in
violation of the provisions of this chapter or amendments or supplements
thereto lawfully adopted by the County Board of Supervisors. It shall
also be unlawful to fail to obtain permits as required by this chapter
or to fail to comply with any requirement or condition imposed by
the Board of Adjustment or Land Management Committee.
B.
Each and every day of violation as described in Subsection A may be deemed a separate offense and violation.
C.
Any person, firm, association or corporation or representative
agent failing to comply with the provisions of this chapter may be
subject to prosecution under the terms of this chapter.
A.
Civil proceedings. Pursuant to § 66.0114,
Wis. Stats., an action for violation of this chapter shall be a civil
action.
B.
Notification. The Zoning Administrator shall serve
any violators with a notice of violation stating the following:
C.
Corporation Counsel. The Zoning Administrator shall
report violations to the Pierce County Corporation Counsel. At the
Corporation Counsel's discretion, legal action or proceedings may
be commenced to prosecute alleged violators pursuant to the proceedings
outlined in § 66.0114, Wis. Stats., or pursuant to the issuance
of a summons and complaint.
D.
Injunction. Compliance with this chapter may also
be enforced by an injunction at the suit of Pierce County or the owner
or owners of real estate within the zoning district affected by such
regulation.
E.
Penalty. Those actions commenced on behalf of Pierce
County may, in addition, seek a forfeiture or penalty as outlined
herein.
F.
Special inspection warrants. The provisions of § 66.0119,
Wis. Stats., shall govern the issuance of all special inspection warrants.
Pierce County zoning officials shall have the
authority to:
A.
Issue orders and directives to any person subject
to the provision of these regulations to cease any act, conduct or
use which is deemed to be a violation of these regulations or correct
within a specified period of days any violation of these regulations;
and
B.
Issue, with or without an order or directive, a citation
and notice to appear in a court of competent jurisdiction for any
violation of these regulations.
Any person, firm, association or corporation
or representative agent who fails to comply with the provisions of
this chapter or any order of the Zoning Administrator issued in accordance
with this chapter shall, upon conviction thereof, forfeit not less
than $100 nor more than $500 and the cost of prosecution for each
violation, including court costs and reasonable attorney fees, and
in default of payment of such forfeiture and costs shall be imprisoned
until payment thereof, but not exceeding 30 days. Each day a violation
exists or continues shall constitute a separate violation.
A.
After-the-fact conditional use situation. If a building
or structure or premises is used to establish a use which by this
chapter requires issuance of a conditional use permit without a conditional
use permit first being obtained, the responsible party may attempt
to correct the violation by applying for a conditional use permit
for the unauthorized use.
B.
After-the-fact variance situations. If a building
or structure is constructed in violation of any dimensional requirement
of this chapter or if a lot is created in violation of minimum lot
area and/or width requirements of this chapter, the responsible party
may attempt to correct the violation by petitioning for a variance,
except that the responsible party shall not be eligible for such correction
if a summons and complaint regarding the violation has been filed
by the Corporation Counsel prior to submittal of the variance petition.
(1)
Procedure.
(a)
Upon notification of the violation, the responsible
party may submit a written request to the Board of Adjustment asking
that the Board of Adjustment consider a variance petition regarding
the violation.
(b)
As soon as can be conveniently scheduled, the
Board of Adjustment shall decide whether or not to consider such variance
petition. In deliberating on the issue, the Board of Adjustment shall
consider a recommendation which the Zoning Administrator shall provide.
(c)
If the Board of Adjustment refuses to accept
the request, appropriate enforcement actions shall be applied.
(2)
During the pendency of a variance petition, the responsible
party shall not carry on any activities in furtherance of the unauthorized
act.
