Belleville Village City Zoning Code
ARTICLE 16
160 Violations and Penalties
§ 16.161 Violations and penalties.
(1)
Violation of this chapter. It shall be unlawful to construct or use any land, engage in any development activity (including disruption of protected vegetation), or construct or use any structure, land or water in violation of any of the provisions of this chapter, or otherwise neglect, refuse or fail to comply with this chapter's requirements. Any person who violates or fails to comply with any of the provisions of this chapter shall, upon conviction thereof, be subject to the penalties set forth in Section 16.160(2), and in addition, shall pay all costs and expenses, including actual reasonable attorney and other fees involved in the case. Each day a violation exists or continues shall constitute a separate offense.
(2)
Penalties. Any person, firm, or corporation who fails to comply with the provisions of this chapter or any order of the Zoning Administrator shall, upon conviction thereof, forfeit not less than ten dollars ($10.00) nor more than two hundred dollars ($200.00) and costs of prosecution for each violation and in default of payment of such forfeiture and costs shall be imprisoned in the County Jail until payment thereof, but not exceeding thirty (30) days. Each day a violation exists or continues shall constitute a separate offense.
(3)
Village promulgated correction of violation. In addition to any other penalty imposed by this section for a violation of the provisions of this chapter, the Village reserves and maintains the continued right to abate violations of this chapter, as follows:
(a)
Hazardous condition caused by violation of this chapter. If the Zoning Administrator determines that a violation of this chapter exists and further determines that the nature of such violation poses a great and immediate danger to the public health, safety, peace, morals or decency, the Zoning Administrator shall cause the violation to be abated. Costs associated with said abatement shall be charged to the owner of the property on which said violation has occurred per Section 16.160(3)(c). The Zoning Administrator is hereby authorized to abate a violation of this chapter.
(b)
Nonhazardous condition caused by violation of this chapter. If the Zoning Administrator determines that a violation of this chapter exists, and further determines that the nature of such violation is not such as to pose great and immediate danger to the public health, safety, peace, morals or decency, the Zoning Administrator shall serve written notice by Registered Mail on the current owner of the property (as indicated by current Village of Belleville tax records) on which said violation is occurring to remove said violation within ten (10) working days. If such violation is not removed within such ten (10) working days, the Zoning Administrator shall cause the violation to be abated per Section 16.160(3)(a). Costs associated with said abatement shall be charged to the owner of the property on which said violation has occurred per Section 16.160(3)(c).
(c)
Cost of abatement. In addition to any other penalty imposed by this article for a violation of the provisions of this chapter, the cost of abating a violation of this chapter per Section 16.160(3)(a) and/or (b) shall be collected as a debt from the owner of the property on which said violation has occurred. An account of the expenses incurred by the Village to abate the violation shall be kept and such expenses shall be charged to and paid by the property owner. Notice of the bill for abatement of the violation shall be mailed to the last known address of said property owner by Registered Mail and shall be payable within thirty (30) calendar days from the receipt thereof. Within sixty (60) days after such costs and expenses are incurred and remain unpaid, the Village Finance Director/Treasurer shall enter such charges onto the tax roll as a special tax as provided by Chapter 66, Wis. Stats.
