(a)

The city finds runoff from construction sites carries a significant amount of sediment and other pollutants to the waters of this state and the waters of the city.

(b)

It is the purpose of this article to preserve the natural resources; to protect the quality of the waters of the state and the city; and to protect and promote the health, safety and general welfare of the people of the city, to the extent practicable, by minimizing the amount of sediment and other pollutants carried by runoff or discharged from construction sites to lakes, streams and wetlands.

(Ord. No. OR98-24, § I(106.1201), 10-26-1998)

The building inspector shall inspect construction sites at least once each month during the period starting March 1 and ending October 31 and at least twice each month during the period beginning November 1 and ending February 28 to ensure compliance with the approved control plan. If land disturbing and land development activities are being carried out without a permit, the building inspector shall institute the appropriate enforcement action.

(Ord. No. OR98-24, § I(106.1205), 10-26-1998)

(a)

The city may post a stop work order if any land disturbing or land development activity regulated by this chapter is undertaken without a permit; the control plan is not being implemented in a good faith manner; or the conditions of a permit are not being met.

(b)

If the permittee does not cease the activity or comply with the control plan or permit conditions within ten calendar days after being notified, the city may revoke the permit.

(c)

Where no permit has been issued and the landowner or land user fails to cease within ten calendar days, the building inspector may request the city attorney to obtain a cease and desist order.

(d)

The common council or the zoning board of appeals may retract a stop work order or a permit revocation.

(e)

Ten calendar days after posting a stop work order, the city may issue to the landowner or land user a notice of intent to perform work necessary to comply with the erosion control requirements of this article. The city may enter onto the land and commence the required work after 14 calendar days from issuing the notice of intent. The costs of the work performed by the city, plus interest at the rate authorized by the common council, shall be billed to the landowner or land user. If a landowner or land user fails to pay the amount due, the city clerk/treasurer shall enter the amount due on the tax rolls and collect it as a special assessment against the property pursuant to Wis. Stats. § 66.60(16).

(f)

Any person violating any of the erosion control provisions of this chapter shall be subject to a forfeiture of not less than $100.00 nor more than $500.00, together with the costs of prosecution for each offense. Each day a violation continues to exist shall constitute a separate offense.

(g)

Compliance with the erosion control provisions of this article may also be enforced by injunction.

(Ord. No. OR98-24, § I(106.1206), 10-26-1998)

The zoning board of appeals shall hear and decide appeals where it is alleged that there is an error in any order, decision or determination made by the building inspector in administering this article. Upon appeal, the board of appeals may issue variances from the provisions of this article which are consistent with the findings required for variances in section 106-120 et seq. The board of appeals shall use the rules, procedures, duties and powers authorized by law in hearing and deciding appeals and authorizing variances. Any applicant, permittee, landowner or land user may appeal any order, decision or determination made by the building inspector in administering this article.

(Ord. No. OR98-24, § I(106.1207), 10-26-1998)