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Brookfield City Zoning Code

ARTICLE XI

ENFORCEMENT AND PENALTIES

Sec. 62-916. - Generally.

This chapter shall be enforced by the village manager, his designee the zoning enforcement administrator, and any other person so designated by him or as may be designated by him or as may be designated by village ordinance to enforce municipal laws and regulations.

(Code 1964, § 30-16.02(A); Ord. No. 96-14, 3-25-1996)

Sec. 62-917. - Civil and administrative enforcement.

The following powers and procedures are hereby established by this chapter for its proper enforcement and application:

(1)

Stop-work orders and cease and desist orders. Upon the finding of the existence of any violation of this chapter, the zoning enforcement administrator shall notify, in writing, the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. Specifically, the action shall include the issuance of an order directing immediate discontinuation of any illegal or unauthorized use of land, buildings or structures, the removal of illegal structures, additions or alterations, and discontinuance of illegal or unpermitted work being done in violation of this chapter. Notices and orders shall also be posted in a conspicuous location on the site of violation. Removal of any such notice or order posted by authority of this chapter by any persons not under commission of the village shall be deemed an illegal act and punishable under the terms of this chapter.

(2)

Legal actions. In the enforcement of this chapter, the village manager shall exercise all powers authorized by state laws and all village codes and ordinances to ensure compliance with, or to prevent or abate any violation of the provisions of this chapter, and in particular shall, when necessary or appropriate, institute or cause to be instituted by the village attorney in the name of the village and any and all actions, legal or equitable, including appeals, that may be required for the enforcement of this chapter.

(3)

Revocation of permits. The violation of any provision of this chapter, or of any permit or approval granted pursuant to this chapter, or of any condition imposed pursuant to this chapter shall be grounds for the revocation of any rezoning, permit, variation, special use, or approval granted pursuant to this chapter and affecting the property involved in the violation. In addition, the misrepresentation of any material fact presented before any permit issuing official of the village, as well as any board or commission by the applicant or his agent or by any witness testifying in his behalf shall be grounds for the revocation of any rezoning, permit, variation, special use or approval granted pursuant to this chapter and affecting the property involved in the violation. The village manager may undertake such evocation; provided, however, that where the original rezoning, permit, variation, special use or approval required approval by the village board, the village board shall have the sole authority to cause such revocation, and further provided that if such original rezoning, permit, variation, special use, or approval requires a public hearing, the revocation shall proceed by a similar public hearing, excepting where the action relates solely to an expiration of a time limit for action originally placed upon the applicant or petitioner.

(Code 1964, § 30-16.02(B); Ord. No. 96-14, 3-25-1996)

Sec. 62-936. - Fines.

In the enforcement of this chapter, the village manager or his designee shall, when necessary and appropriate, order the issuance and enforcement of citations to recover fines and penalties for the violation of this chapter as authorized by state law and this and other ordinances of the village.

(Code 1964, § 30-16.03(A); Ord. No. 96-14, 3-25-96)

Sec. 62-937. - Penalties.

Any person who shall violate, disobey, omit, neglect, or refuse to comply with, or who shall resist enforcement of any provision of this chapter, shall be subject to a fine of not less than $25.00 nor more than $500.00 for each offense; provided, however, that if service of a summons is made by certified mail pursuant to state codified statutes, then the maximum fine shall not exceed $200.00 for each such offense. Each day a violation continues to exist shall constitute a separate offense.

(Code 1964, § 30-16.03(B); Ord. No. 96-14, 3-25-1996)