Ashland City Zoning Code

PART 11

Violations And Remedies

11.1 Violations

General Compliance Required and Responsibilities for Compliance.
1. Any building or structure erected, constructed, altered, enlarged, converted, moved, or maintained contrary to the provisions of this Ordinance, and any use of any land or building that is conducted, operated, or maintained contrary to the provisions of this Ordinance, shall be, and the same is hereby declared to be, unlawful.
2. The City shall take action in accordance with this Ordinance and Wisconsin law to remedy any such violation of this Ordinance known to the Building Inspector, Zoning Administrator, Public Works Director, or Designated Authorized Agent.
3. Any person aggrieved by a violation of this Ordinance may request that the Common Council, Zoning Administrator, Building Inspector, Public Works Director, or Designated Authorized Agent act in his or her behalf to prevent unlawful development; to restrain, correct, or abate such violations; to prevent the occupancy of a building, structure, or land; or to prevent any illegal act, conduct, business, or use in or about such property. Such procedures may also be instituted by any property owner and shall not limit taking action in a court of law.
4. The owner of any building or land, or part thereof, where a violation of this Ordinance exists, and any other responsible party in connection therewith, shall be responsible for violations of this Ordinance.
Compliance Required for Issuance of Permits and Utility Connections.
1. No building permit, development permit, certificate of occupancy, or other permit required by this Ordinance shall be issued that is not in compliance with this Ordinance.
2. The City shall not connect City water or sewer to any property to which the provisions of this Ordinance apply, unless the subject property is in compliance with this Ordinance.
3. It is a violation of this Ordinance for any person to undertake and activity for which a permit or approval under this Ordinance is required without first obtaining such permit or approval.
4. It is a violation of this Ordinance for any person to undertake any activity for which a permit or approval under this Ordinance is required without strictly complying with any such permit or approval.

11.2 Remedies

Types of Remedies. Remedies and enforcement powers of the City shall include, but not be limited to, the following:
1. Withhold permits. The Building Inspector, Zoning Administrator, Public Works Director, or Designated Authorized Agent may deny or withhold permits, certificates, or other forms of authorization on any land, structure, or improvement thereon for which there is an uncorrected violation of this Ordinance or for which there is a violation of a condition or qualification of a permit, certificate, approval, or other authorization previously granted by the City. In lieu of withholding or denying an authorization, the City may grant such authorization subject to the condition that the violation be corrected within a reasonable amount of time. This provision shall apply regardless of whether the current owner or applicant is responsible for the violation in question.
2. Revoke permits. The City may revoke a permit or other authorization as follows:
  1. Any permit may be revoked when the Building Inspector, Zoning Administrator, Public Works Director, or Designated Authorized Agent determines one or more of the following conditions exist:
    1. There is a departure from the plans, specifications, or conditions as required under the terms of the permit;
    2. The permit was procured by false representation or was issued by mistake; or
    3. Any provision of this Ordinance is being violated.
  2. Before revocation pursuant to the provisions of this Ordinance, the Building Inspector, Zoning Administrator, Public Works Director, or Designated Authorized Agent shall give notice of intent to suspend or revoke permits or approvals specifying a reasonable time for compliance with this Ordinance. If notice of intent is given, suspension or revocation shall not occur before the time for compliance has expired.
  3. If compliance has not been met in the specified time, revocation of any permit may, upon notice to the applicant and other known parties in interest (including any holder of building or use permits affected) and after a public hearing, proceed by a super-majority vote of the Common Council.
3. Stop work. With or without revoking permits, the Building Inspector, Zoning Administrator, Public Works Director, or Designated Authorized Agent may stop work on any building, structure, or land for which there is an uncorrected violation of the provisions of this Ordinance or of a permit or other form of authorization issued hereunder. The stop work order shall be in accordance with all applicable laws and building codes.
4. Revoke plan or other approval. Where a violation of this Ordinance involves failure to comply with approved plans or conditions, the final review authority may, upon notice to the applicant and other known parties in interest (including any holder of building or use permits affected) and after a public hearing, revoke the plan (or other approvals) or conditions its continuation on strict compliance.
5. Injunctive relief. The City may seek an injunction or other equitable relief in court to stop any violation of this Ordinance or of a permit, certificate, or other form of authorization granted hereunder.
6. Abatement. The City may seek a court order in the nature of mandamus, abatement, injunction, or other action proceeding to abate or remove a violation or otherwise restore the property in question to the condition that existed prior to the violation.
7. Penalties. Any person, firm, association, or corporation who shall violate any of the provisions of this Ordinance or any permit or approval issued hereunder shall, upon conviction thereof, forfeit not more than one thousand dollars ($1000.00) nor less than fifty dollars ($50.00) per violation, per day, unless specified otherwise in this Ordinance or limited by Wisconsin Statutes, plus required court costs and fees and the costs of prosecutions including reasonable attorney fees. Each day that a violation is permitted to exist shall constitute a separate offense. In any such action, the fact that a permit shall have been issued by any Authorized Agent of department shall not constitute a defense, nor shall any oversight or error on the part of any public official, board, or department constitute a defense.
8. Penalty for conducting work without a required permit. A double permit fee shall be charged for work that is started before a required permit is issued. Such fee shall not release the applicant from full compliance with this Ordinance nor from prosecution for violation of this Ordinance.
9. Other remedies. The City shall have such other remedies as are and as may be from time to time provided by Wisconsin law and the City Ordinances for violation of the provisions of this Ordinance.
Action and Notification Procedures.
1. Non-emergency situations. If violations of this Ordinance do not constitute an emergency situation or require immediate attention to ensure the safety of the public and/or property, then the Building Inspector, Zoning Administrator, Public Works Director, or Designated Authorized Agent shall give notice of the nature of the violation to the property owner (or to any other person who is party to the agreement or to any applicant for any relevant permit in the manner hereafter stated). Notices of violation shall state the nature of the violation and the time allowed to remedy the violation. The notice may also state the corrective steps necessary and the nature of subsequent penalties and enforcement should the situation not be corrected.
2. Emergency situations. If violations of this Ordinance constitute an emergency situation as a result of safety or public concerns or violations that will create increased problems or costs if not remedied immediately, then the City may use the enforcement powers under this Ordinance without prior notice. However, the Building Inspector, Zoning Administrator, Public Works Director, or Designated Authorized Agent shall attempt to give notice the pertinent parties as soon as practical.
3. Continuation of previous enforcement actions. Nothing in this Ordinance shall prohibit the continuation of previous enforcement actions undertaken by the City pursuant to previous and valid ordinances and laws.

Ashland City Zoning Code

PART 11

Violations And Remedies

11.1 Violations

General Compliance Required and Responsibilities for Compliance.
1. Any building or structure erected, constructed, altered, enlarged, converted, moved, or maintained contrary to the provisions of this Ordinance, and any use of any land or building that is conducted, operated, or maintained contrary to the provisions of this Ordinance, shall be, and the same is hereby declared to be, unlawful.
2. The City shall take action in accordance with this Ordinance and Wisconsin law to remedy any such violation of this Ordinance known to the Building Inspector, Zoning Administrator, Public Works Director, or Designated Authorized Agent.
3. Any person aggrieved by a violation of this Ordinance may request that the Common Council, Zoning Administrator, Building Inspector, Public Works Director, or Designated Authorized Agent act in his or her behalf to prevent unlawful development; to restrain, correct, or abate such violations; to prevent the occupancy of a building, structure, or land; or to prevent any illegal act, conduct, business, or use in or about such property. Such procedures may also be instituted by any property owner and shall not limit taking action in a court of law.
4. The owner of any building or land, or part thereof, where a violation of this Ordinance exists, and any other responsible party in connection therewith, shall be responsible for violations of this Ordinance.
Compliance Required for Issuance of Permits and Utility Connections.
1. No building permit, development permit, certificate of occupancy, or other permit required by this Ordinance shall be issued that is not in compliance with this Ordinance.
2. The City shall not connect City water or sewer to any property to which the provisions of this Ordinance apply, unless the subject property is in compliance with this Ordinance.
3. It is a violation of this Ordinance for any person to undertake and activity for which a permit or approval under this Ordinance is required without first obtaining such permit or approval.
4. It is a violation of this Ordinance for any person to undertake any activity for which a permit or approval under this Ordinance is required without strictly complying with any such permit or approval.

11.2 Remedies

Types of Remedies. Remedies and enforcement powers of the City shall include, but not be limited to, the following:
1. Withhold permits. The Building Inspector, Zoning Administrator, Public Works Director, or Designated Authorized Agent may deny or withhold permits, certificates, or other forms of authorization on any land, structure, or improvement thereon for which there is an uncorrected violation of this Ordinance or for which there is a violation of a condition or qualification of a permit, certificate, approval, or other authorization previously granted by the City. In lieu of withholding or denying an authorization, the City may grant such authorization subject to the condition that the violation be corrected within a reasonable amount of time. This provision shall apply regardless of whether the current owner or applicant is responsible for the violation in question.
2. Revoke permits. The City may revoke a permit or other authorization as follows:
  1. Any permit may be revoked when the Building Inspector, Zoning Administrator, Public Works Director, or Designated Authorized Agent determines one or more of the following conditions exist:
    1. There is a departure from the plans, specifications, or conditions as required under the terms of the permit;
    2. The permit was procured by false representation or was issued by mistake; or
    3. Any provision of this Ordinance is being violated.
  2. Before revocation pursuant to the provisions of this Ordinance, the Building Inspector, Zoning Administrator, Public Works Director, or Designated Authorized Agent shall give notice of intent to suspend or revoke permits or approvals specifying a reasonable time for compliance with this Ordinance. If notice of intent is given, suspension or revocation shall not occur before the time for compliance has expired.
  3. If compliance has not been met in the specified time, revocation of any permit may, upon notice to the applicant and other known parties in interest (including any holder of building or use permits affected) and after a public hearing, proceed by a super-majority vote of the Common Council.
3. Stop work. With or without revoking permits, the Building Inspector, Zoning Administrator, Public Works Director, or Designated Authorized Agent may stop work on any building, structure, or land for which there is an uncorrected violation of the provisions of this Ordinance or of a permit or other form of authorization issued hereunder. The stop work order shall be in accordance with all applicable laws and building codes.
4. Revoke plan or other approval. Where a violation of this Ordinance involves failure to comply with approved plans or conditions, the final review authority may, upon notice to the applicant and other known parties in interest (including any holder of building or use permits affected) and after a public hearing, revoke the plan (or other approvals) or conditions its continuation on strict compliance.
5. Injunctive relief. The City may seek an injunction or other equitable relief in court to stop any violation of this Ordinance or of a permit, certificate, or other form of authorization granted hereunder.
6. Abatement. The City may seek a court order in the nature of mandamus, abatement, injunction, or other action proceeding to abate or remove a violation or otherwise restore the property in question to the condition that existed prior to the violation.
7. Penalties. Any person, firm, association, or corporation who shall violate any of the provisions of this Ordinance or any permit or approval issued hereunder shall, upon conviction thereof, forfeit not more than one thousand dollars ($1000.00) nor less than fifty dollars ($50.00) per violation, per day, unless specified otherwise in this Ordinance or limited by Wisconsin Statutes, plus required court costs and fees and the costs of prosecutions including reasonable attorney fees. Each day that a violation is permitted to exist shall constitute a separate offense. In any such action, the fact that a permit shall have been issued by any Authorized Agent of department shall not constitute a defense, nor shall any oversight or error on the part of any public official, board, or department constitute a defense.
8. Penalty for conducting work without a required permit. A double permit fee shall be charged for work that is started before a required permit is issued. Such fee shall not release the applicant from full compliance with this Ordinance nor from prosecution for violation of this Ordinance.
9. Other remedies. The City shall have such other remedies as are and as may be from time to time provided by Wisconsin law and the City Ordinances for violation of the provisions of this Ordinance.
Action and Notification Procedures.
1. Non-emergency situations. If violations of this Ordinance do not constitute an emergency situation or require immediate attention to ensure the safety of the public and/or property, then the Building Inspector, Zoning Administrator, Public Works Director, or Designated Authorized Agent shall give notice of the nature of the violation to the property owner (or to any other person who is party to the agreement or to any applicant for any relevant permit in the manner hereafter stated). Notices of violation shall state the nature of the violation and the time allowed to remedy the violation. The notice may also state the corrective steps necessary and the nature of subsequent penalties and enforcement should the situation not be corrected.
2. Emergency situations. If violations of this Ordinance constitute an emergency situation as a result of safety or public concerns or violations that will create increased problems or costs if not remedied immediately, then the City may use the enforcement powers under this Ordinance without prior notice. However, the Building Inspector, Zoning Administrator, Public Works Director, or Designated Authorized Agent shall attempt to give notice the pertinent parties as soon as practical.
3. Continuation of previous enforcement actions. Nothing in this Ordinance shall prohibit the continuation of previous enforcement actions undertaken by the City pursuant to previous and valid ordinances and laws.

Ashland City Zoning Code

PART 11

Violations And Remedies

11.1 Violations

General Compliance Required and Responsibilities for Compliance.
1. Any building or structure erected, constructed, altered, enlarged, converted, moved, or maintained contrary to the provisions of this Ordinance, and any use of any land or building that is conducted, operated, or maintained contrary to the provisions of this Ordinance, shall be, and the same is hereby declared to be, unlawful.
2. The City shall take action in accordance with this Ordinance and Wisconsin law to remedy any such violation of this Ordinance known to the Building Inspector, Zoning Administrator, Public Works Director, or Designated Authorized Agent.
3. Any person aggrieved by a violation of this Ordinance may request that the Common Council, Zoning Administrator, Building Inspector, Public Works Director, or Designated Authorized Agent act in his or her behalf to prevent unlawful development; to restrain, correct, or abate such violations; to prevent the occupancy of a building, structure, or land; or to prevent any illegal act, conduct, business, or use in or about such property. Such procedures may also be instituted by any property owner and shall not limit taking action in a court of law.
4. The owner of any building or land, or part thereof, where a violation of this Ordinance exists, and any other responsible party in connection therewith, shall be responsible for violations of this Ordinance.
Compliance Required for Issuance of Permits and Utility Connections.
1. No building permit, development permit, certificate of occupancy, or other permit required by this Ordinance shall be issued that is not in compliance with this Ordinance.
2. The City shall not connect City water or sewer to any property to which the provisions of this Ordinance apply, unless the subject property is in compliance with this Ordinance.
3. It is a violation of this Ordinance for any person to undertake and activity for which a permit or approval under this Ordinance is required without first obtaining such permit or approval.
4. It is a violation of this Ordinance for any person to undertake any activity for which a permit or approval under this Ordinance is required without strictly complying with any such permit or approval.

11.2 Remedies

Types of Remedies. Remedies and enforcement powers of the City shall include, but not be limited to, the following:
1. Withhold permits. The Building Inspector, Zoning Administrator, Public Works Director, or Designated Authorized Agent may deny or withhold permits, certificates, or other forms of authorization on any land, structure, or improvement thereon for which there is an uncorrected violation of this Ordinance or for which there is a violation of a condition or qualification of a permit, certificate, approval, or other authorization previously granted by the City. In lieu of withholding or denying an authorization, the City may grant such authorization subject to the condition that the violation be corrected within a reasonable amount of time. This provision shall apply regardless of whether the current owner or applicant is responsible for the violation in question.
2. Revoke permits. The City may revoke a permit or other authorization as follows:
  1. Any permit may be revoked when the Building Inspector, Zoning Administrator, Public Works Director, or Designated Authorized Agent determines one or more of the following conditions exist:
    1. There is a departure from the plans, specifications, or conditions as required under the terms of the permit;
    2. The permit was procured by false representation or was issued by mistake; or
    3. Any provision of this Ordinance is being violated.
  2. Before revocation pursuant to the provisions of this Ordinance, the Building Inspector, Zoning Administrator, Public Works Director, or Designated Authorized Agent shall give notice of intent to suspend or revoke permits or approvals specifying a reasonable time for compliance with this Ordinance. If notice of intent is given, suspension or revocation shall not occur before the time for compliance has expired.
  3. If compliance has not been met in the specified time, revocation of any permit may, upon notice to the applicant and other known parties in interest (including any holder of building or use permits affected) and after a public hearing, proceed by a super-majority vote of the Common Council.
3. Stop work. With or without revoking permits, the Building Inspector, Zoning Administrator, Public Works Director, or Designated Authorized Agent may stop work on any building, structure, or land for which there is an uncorrected violation of the provisions of this Ordinance or of a permit or other form of authorization issued hereunder. The stop work order shall be in accordance with all applicable laws and building codes.
4. Revoke plan or other approval. Where a violation of this Ordinance involves failure to comply with approved plans or conditions, the final review authority may, upon notice to the applicant and other known parties in interest (including any holder of building or use permits affected) and after a public hearing, revoke the plan (or other approvals) or conditions its continuation on strict compliance.
5. Injunctive relief. The City may seek an injunction or other equitable relief in court to stop any violation of this Ordinance or of a permit, certificate, or other form of authorization granted hereunder.
6. Abatement. The City may seek a court order in the nature of mandamus, abatement, injunction, or other action proceeding to abate or remove a violation or otherwise restore the property in question to the condition that existed prior to the violation.
7. Penalties. Any person, firm, association, or corporation who shall violate any of the provisions of this Ordinance or any permit or approval issued hereunder shall, upon conviction thereof, forfeit not more than one thousand dollars ($1000.00) nor less than fifty dollars ($50.00) per violation, per day, unless specified otherwise in this Ordinance or limited by Wisconsin Statutes, plus required court costs and fees and the costs of prosecutions including reasonable attorney fees. Each day that a violation is permitted to exist shall constitute a separate offense. In any such action, the fact that a permit shall have been issued by any Authorized Agent of department shall not constitute a defense, nor shall any oversight or error on the part of any public official, board, or department constitute a defense.
8. Penalty for conducting work without a required permit. A double permit fee shall be charged for work that is started before a required permit is issued. Such fee shall not release the applicant from full compliance with this Ordinance nor from prosecution for violation of this Ordinance.
9. Other remedies. The City shall have such other remedies as are and as may be from time to time provided by Wisconsin law and the City Ordinances for violation of the provisions of this Ordinance.
Action and Notification Procedures.
1. Non-emergency situations. If violations of this Ordinance do not constitute an emergency situation or require immediate attention to ensure the safety of the public and/or property, then the Building Inspector, Zoning Administrator, Public Works Director, or Designated Authorized Agent shall give notice of the nature of the violation to the property owner (or to any other person who is party to the agreement or to any applicant for any relevant permit in the manner hereafter stated). Notices of violation shall state the nature of the violation and the time allowed to remedy the violation. The notice may also state the corrective steps necessary and the nature of subsequent penalties and enforcement should the situation not be corrected.
2. Emergency situations. If violations of this Ordinance constitute an emergency situation as a result of safety or public concerns or violations that will create increased problems or costs if not remedied immediately, then the City may use the enforcement powers under this Ordinance without prior notice. However, the Building Inspector, Zoning Administrator, Public Works Director, or Designated Authorized Agent shall attempt to give notice the pertinent parties as soon as practical.
3. Continuation of previous enforcement actions. Nothing in this Ordinance shall prohibit the continuation of previous enforcement actions undertaken by the City pursuant to previous and valid ordinances and laws.