Spring Lake Town City Zoning Code
ARTICLE XII
Enforcement
§ 240-82 Violations.
A.
It shall be unlawful to locate, erect, construct, reconstruct, alter, enlarge, extend, convert or relocate any building, structure or sign or use any building, structure, land or sign in violation of the provisions of this chapter or amendments or supplements thereto lawfully adopted by the County Board of Supervisors. It shall also be unlawful to fail to obtain permits as required by this chapter or to fail to comply with any requirement or condition imposed by the Board of Adjustment or Land Management Committee.
B.
Each and every day of violation as described in Subsection A may be deemed a separate offense and violation.
C.
Any person, firm, association or corporation or representative agent failing to comply with the provisions of this chapter may be subject to prosecution under the terms of this chapter.
§ 240-83 Prosecution.
A.
Civil proceedings. Pursuant to § 66.0114, Wis. Stats., an action for violation of this chapter shall be a civil action.
B.
Notification. The Zoning Administrator shall serve any violators with a notice of violation stating the following:
C.
Corporation Counsel. The Zoning Administrator shall report violations to the Pierce County Corporation Counsel. At the Corporation Counsel's discretion, legal action or proceedings may be commenced to prosecute alleged violators pursuant to the proceedings outlined in § 66.0114, Wis. Stats., or pursuant to the issuance of a summons and complaint.
D.
Injunction. Compliance with this chapter may also be enforced by an injunction at the suit of Pierce County or the owner or owners of real estate within the zoning district affected by such regulation.
E.
Penalty. Those actions commenced on behalf of Pierce County may, in addition, seek a forfeiture or penalty as outlined herein.
F.
Special inspection warrants. The provisions of § 66.0119, Wis. Stats., shall govern the issuance of all special inspection warrants.
§ 240-84 Orders and citations.
Pierce County zoning officials shall have the authority to:
A.
Issue orders and directives to any person subject to the provision of these regulations to cease any act, conduct or use which is deemed to be a violation of these regulations or correct within a specified period of days any violation of these regulations; and
B.
Issue, with or without an order or directive, a citation and notice to appear in a court of competent jurisdiction for any violation of these regulations.
§ 240-85 Penalties.
Any person, firm, association or corporation or representative agent who fails to comply with the provisions of this chapter or any order of the Zoning Administrator issued in accordance with this chapter shall, upon conviction thereof, forfeit not less than $100 nor more than $500 and the cost of prosecution for each violation, including court costs and reasonable attorney fees, and in default of payment of such forfeiture and costs shall be imprisoned until payment thereof, but not exceeding 30 days. Each day a violation exists or continues shall constitute a separate violation.
§ 240-86 After-the-fact conditional use applications and variance petitions.
A.
After-the-fact conditional use situation. If a building or structure or premises is used to establish a use which by this chapter requires issuance of a conditional use permit without a conditional use permit first being obtained, the responsible party may attempt to correct the violation by applying for a conditional use permit for the unauthorized use.
B.
After-the-fact variance situations. If a building or structure is constructed in violation of any dimensional requirement of this chapter or if a lot is created in violation of minimum lot area and/or width requirements of this chapter, the responsible party may attempt to correct the violation by petitioning for a variance, except that the responsible party shall not be eligible for such correction if a summons and complaint regarding the violation has been filed by the Corporation Counsel prior to submittal of the variance petition.
(1)
Procedure.
(a)
Upon notification of the violation, the responsible party may submit a written request to the Board of Adjustment asking that the Board of Adjustment consider a variance petition regarding the violation.
(b)
As soon as can be conveniently scheduled, the Board of Adjustment shall decide whether or not to consider such variance petition. In deliberating on the issue, the Board of Adjustment shall consider a recommendation which the Zoning Administrator shall provide.
(c)
If the Board of Adjustment refuses to accept the request, appropriate enforcement actions shall be applied.
(2)
During the pendency of a variance petition, the responsible party shall not carry on any activities in furtherance of the unauthorized act.