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Beloit City Zoning Code

ARTICLE X

- VIOLATIONS, PENALTIES AND ENFORCEMENT

10.1 - RESPONSIBILITY FOR ENFORCEMENT.

The Zoning Officer shall be responsible for enforcing this chapter, except as otherwise expressly stated.

10.2 - VIOLATIONS.

Unless otherwise expressly allowed by this chapter or state law, any violation of this chapter, including but not limited to the following, shall be subject to the remedies and penalties provided for in this chapter.

10.2.1

To use land, buildings or structures in any way not consistent with the requirements of this chapter;

10.2.2

To erect a building or other structure in any way not consistent with the requirements of this chapter;

10.2.3

To engage in the use of a building, structure or land without obtaining all permits or approvals required under this chapter;

10.2.4

To engage in the use of a building, structure or land in any way inconsistent with any such permit or approval or any conditions imposed thereon;

10.2.5

To violate the terms of any permit or approval granted under this chapter or any condition imposed on such permit or approval;

10.2.6

To obscure, obstruct or destroy any notice required to be posted or otherwise given under this chapter;

10.2.7

To violate any lawful order issued by any person or entity under this chapter; or

10.2.8

To continue any violation as defined above, with each day of continued violation to be considered a separate violation for purposes of computing cumulative civil or criminal penalties.

10.3 - CONTINUING VIOLATIONS.

Each day that a violation remains uncorrected after receiving notice of the violation from the City shall constitute a separate violation of this chapter.

10.4 - LIABILITY.

The owner, tenant or occupant of any land or structure, or part thereof, and any architect, builder, contractor, agent or other person who participates in, assists, directs, creates or maintains any situation that is contrary to the requirements of this chapter may be held liable for the violation and be subject to the penalties and remedies provided herein.

10.5 - REMEDIES AND ENFORCEMENT POWERS.

The City shall have the following remedies and enforcement powers:

10.5.1

WITHHOLD PERMIT.

a.

Officials may deny or withhold all permits, certificates or other forms of authorization on any land or structure or improvements thereon upon which there is an uncorrected violation of a provision of this chapter or of a condition or qualification of a permit, certificate, approval or other authorization previously granted by the City. This enforcement provision shall apply regardless of whether the current owner or applicant is responsible for the violation in question.

b.

Officials may deny or withhold all permits, certificates or other forms of authorization on any land or structure or improvements owned or being developed by a person who owns, developed or otherwise caused an uncorrected violation of a provision of this chapter or of a condition or qualification of a permit, certificate, approval or other authorization previously granted by the City. This provision shall apply regardless of whether the property for which the permit or other approval is sought is the property in violation.

10.5.2

PERMITS APPROVED WITH CONDITIONS. Instead of withholding or denying a permit or other authorization, officials may grant such authorization subject to the condition that the violation be corrected.

10.5.3

REVOKE PERMITS. Any permit or other form of authorization required under this chapter may be revoked when the Zoning Officer determines: (1) that there is departure from the plans, specifications, or conditions as required under terms of the permit, (2) that the development permit was procured by false representation or was issued by mistake, or (3) that any of the provisions of this chapter are being violated. Written notice of such revocation shall be served upon the owner, the owner's agent or contractor, or upon any person employed on the building or structure for which such permit was issued, or shall be posted in a prominent location; and, thereafter, no such construction shall proceed.

10.5.4

STOP WORK. Whenever a building or part thereof is being constructed, reconstructed, altered or repaired in violation of this chapter, the Zoning Officer may order the work to be immediately stopped. The stop work order shall be in writing and directed to the person doing the work. The stop work order shall state the specific work to be stopped, the specific reasons for the stoppage, and the conditions under which the work may be resumed. Violation of a stop work order shall constitute a misdemeanor.

10.5.5

REVOKE PLAN OR OTHER APPROVAL. Where a violation of this chapter involves a failure to comply with approved plans or conditions to which the approval of such plans was made subject, the Zoning Officer may, upon notice to the applicant and other known parties in interest (including any holders of building permits affected,) revoke the plan or other approval or condition its continuance on strict compliance with this chapter, the provision of security to ensure that construction is completed in compliance with approved plans, or such other conditions as the Zoning Officer may reasonably impose.

10.5.6

INJUNCTIVE RELIEF. The City may seek an injunction or other equitable relief in court to stop any violation of this chapter or of a permit, certificate or other form of authorization granted hereunder.

10.5.7

ABATEMENT. The City may seek a court order in the nature of mandamus, abatement, injunction or other action or proceeding to abate or remove a violation or to otherwise restore the premises in question to the condition in which they existed prior to the violation.

10.5.8

PENALTIES. The City may seek such other penalties as are provided by Wisconsin law, including those provided for in §25.04 of the City of Beloit Code of General Ordinances.

10.5.9

OTHER REMEDIES AND POWERS. The City shall have such other remedies and enforcement powers as are and as may be from time to time provided by Wisconsin law for the violation of zoning or related provisions.

10.6 - CONTINUATION OF PREVIOUS ENFORCEMENT ACTIONS.

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

10.7 - REMEDIES CUMULATIVE.

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

10.8 - PERSONS SUBJECT TO PENALTIES.

The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, or agent, or other person who commits, participates in, assists in, or maintains such violations may each be found guilty of a separate offense and be subject to the penalties of this article.

10.9 - ENFORCEMENT PROCEDURES.

10.9.1

NONEMERGENCY MATTERS. In the case of violations of this chapter that do not constitute an emergency or require immediate attention, the Zoning Officer 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, after which the persons receiving notice shall have 10 days to correct the violation before further enforcement action shall be taken. Notice shall be given in-person, by United States Mail, 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.

10.9.2

EMERGENCY MATTERS. In the case of violations of this chapter that 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, the City may use the enforcement powers available under this chapter without prior notice, but the Zoning Officer shall attempt to give notice simultaneously with beginning enforcement action. Notice may be provided to the property owner, to any other person who is party to the agreement and to applicants for any relevant permit.