Fox Crossing Village
City Zoning Code
City Zoning Code
ARTICLE 12
Enforcement
§ 435.12-01 Legislative findings.
The Village Board makes the following legislative findings:
A.
State law gives the Village the authority to ensure compliance with this chapter.
B.
The Village reserves all rights and remedies provided by state and federal law to ensure compliance.
§ 435.12-02 Authority for enforcement.
Pursuant to § 62.23(7), Wis. Stats., the Village has the authority to enforce the provisions of this chapter.
§ 435.12-03 Actions constituting violation.
Each separate action that is not in full compliance with this chapter or with a condition or requirement of a permit or an order issued pursuant to this chapter shall constitute a separate and distinct violation.
§ 435.12-04 Enforcement procedure.
A.
Investigation. After observing or receiving a complaint of an alleged violation, the Zoning Administrator shall investigate to determine if in fact a violation does exist.
B.
Notification of compliance. If the Zoning Administrator determines that a violation does not exist, he or she shall notify the complainant explaining his or her finding.
C.
Notification of violation. If the Zoning Administrator determines that a violation does exist, he or she, in consultation with the Village's Attorney, shall send a written notice as described herein to the property owner.
D.
Issuance of stop-work order. If the violation involves construction or any land development activity, the Zoning Administrator shall:
(1)
Send a stop-work order, as described in this article, by certified mail to the property owner or deliver it in person to the property owner, contractor, builder, or any other person engaged in work covered by the order; and
(2)
Post a stop-work order in a prominent location on the site.
E.
Lifting of stop-work order. Upon substantial evidence that the violation has been removed or otherwise corrected, the Zoning Administrator shall lift the stop-work order.
F.
Initiation of court action. If work does not immediately cease on the premises, except to ensure compliance, or if the violation is not remedied within 30 days of the written notice, the Zoning Administrator shall work with the Village's Attorney to initiate court action as provided by in this article and as allowed by state law.
§ 435.12-05 Notice of violation.
A.
Content. The notice of violation shall include the following:
(1)
A description of the violation;
(2)
The section(s) of this chapter being violated;
(3)
A statement describing the measures that would remedy the violation;
(4)
The date by which the violation must be remedied and when a stop-work order shall be issued if the violation is not remedied; and
(5)
Information concerning penalties for continued noncompliance.
B.
Effect of violation notice. Once a violation notice has been issued pursuant to this article:
(1)
All construction or any land development activity directly related to the violation, except that which is done to ensure compliance, shall cease; all other work that is in compliance may continue; and
(2)
The Village shall not issue any other permits or approvals for any development on the premises that is directly related to the violation.
§ 435.12-06 Stop-work order.
A.
Content. A stop-work order shall state the section of the Village of Fox Crossing Municipal Code being violated, the name of an individual who should be contacted along with his or her work telephone number, a statement that all work on the premises must cease immediately until the Zoning Administrator rescinds the stop-work order, and that removal of the stop-work order constitutes a violation of this chapter.
B.
Effect of stop-work order. Once a stop-work order has been issued pursuant to this article:
(1)
All work on the premises shall cease until such time as it is lifted; and
(2)
The Village shall not issue any other permits or approvals for any development on the premises until such time as the order has been lifted.
C.
Unauthorized removal of stop-work order. No person, other than a Village official or employee who is authorized to do so, shall remove a stop-work order from the location where it was posted. The removal of a stop-work order by a person without authority to do so constitutes a violation of this chapter.
§ 435.12-07 Other remedies.
The Village or any aggrieved person may apply to a court of competent jurisdiction for temporary or permanent injunctive relief to enjoin and restrain any person violating a provision of this chapter and exercise all other rights and remedies provided by law or in equity.
§ 435.12-08 Violations and penalties.
Any person, firm, or corporation who or which fails to comply with the provisions of this chapter shall, upon conviction thereof, pay forfeiture as set forth in Chapter A450, Fines and Penalties, reference this Code section, plus the cost 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 30 days. Each violation and each day a violation exists or continues shall constitute a separate offense.