Zoneomics Logo
search icon

Salem Lakes City Zoning Code

PART VI

Enforcement

[Amended 12-16-2019 by Ord. No. 2019.12-10]

§ 490-34.1 Bonds.

The Plan Commission may require that a performance bond or letter of credit be obtained for the benefit of the Village and filed with the Village so as to insure compliance with the terms of this chapter or a permit. In setting the amount of the bond or letter of credit, consideration should be given to the purpose of the bond or letter of credit, the use to which any forfeited money is to be applied, and the time when it may be applied, and any increased costs due to time or inflation that may be incurred by the Village in the event of noncompliance with this chapter or the terms of a permit or that may be incurred for purposes of rehabilitation. The amount of the bond may be subject to further review. Failure to obtain or maintain such bond or letter of credit shall invalidate any permit.

§ 490-35.1 Violations; legal actions against violator.

It shall be unlawful to construct, develop or use any structure or develop or use any land, water or air in violation of any of the provisions of this chapter or order of the Plan Commission or Zoning Board of Appeals. In case of any violation, the Village Board of Trustees, the Village Attorney, the Planning and Development Administrator, or any owner of real estate within the district affected who would be specifically damaged by such violation may institute appropriate legal action or proceedings to enjoin a violation of this chapter or seek abatement or removal. In addition, those actions commenced on behalf of the Village of Salem Lakes or Kenosha County may seek a forfeiture or penalty as outlined herein.

§ 490-36.1 Civil proceedings.

Pursuant to the provisions of § 66.0114, Wis. Stats., an action for violation of a municipal ordinance is deemed a civil action. Accordingly, Chs. 801 to 847, Wis. Stats., shall apply where applicable to violations of this chapter.

§ 490-36.2 Village Attorney.

The Village Attorney may, in his discretion, commence legal actions or proceedings as outlined above and may proceed pursuant to the proceedings outlined in § 66.0113, 66.0114, or 778.10, Wis. Stats., or pursuant to the issuance of a summons and complaint.

§ 490-36.3 Citations.

Citations for violations of the provisions of this chapter may be issued by the Planning and Development Administrator or authorized deputies.

§ 490-36.4 Special inspection warrants.

The provisions of § 66.0119, Wis. Stats., shall govern the issuance of all special inspection warrants.

§ 490-36.5 Statute of limitations.

Pursuant to § 893.93(2)(b), Wis. Stats., any action to recover a forfeiture or penalty imposed by ordinance or regulation of the Village, when no other limitation is prescribed by law, shall be commenced within two years of said violation. In those situations in which there occurs a continuing violation in existence for more than two years prior to the issuance of the complaint and wherein each day the violation exists continues to constitute a separate offense, no penalty may be imposed for each day of violation occurring more than two years prior to the commencement of the action; a penalty may be imposed, however, for each day of violation occurring within the two-year period prior to the issuance of the complaint.

§ 490-37.1 Violations and penalties.

Except as otherwise provided, any person, partnership, firm or corporation who or which shall violate any provision of this chapter or shall fail to comply with any order of the Zoning Administrator issued in accordance with this chapter shall, upon conviction thereof, be required to forfeit not less than $150 nor more than $2,500, together with the costs of prosecution, and, in default thereof, to be imprisoned in the county jail until such forfeiture and costs are paid, but not to exceed 90 days. A separate offense shall be deemed committed on each day on which a violation of any provision of this chapter occurs or continues. The penalty imposed hereby shall be in addition to any penalty or cost of abatement of violation imposed under § 490-35.1 or any other provision of this chapter.

§ 490-37.2 Schedule of cash deposits.

The cash deposit for the violation of any section or subsection of this chapter shall be as set forth in the Village's bond schedule, as amended from time to time. In addition, upon conviction, any person who has been found to have acted in violation of any of the above sections shall be liable for the costs of prosecution, including court costs and reasonable attorneys' fees.

§ 490-38.1 Liens.

In addition to all other remedies available at law, judgment on convictions of violations of the terms of this chapter wherein a forfeiture or penalty is imposed may be docketed in the office of the Kenosha County Clerk of Circuit Court.