The purpose of this chapter is to establish the administrative and enforcement framework for the application of this title. (Prior code § 13-12-1)

A.

Designation. The zoning administrator shall be the director of planning, or a designee of the director of planning. The zoning code enforcement officer shall be the building and zoning inspector, or a designee of the building and zoning inspector.

B.

Duties.

1.

Zoning Administrator. The provisions of this title shall be administered and enforced by the zoning administrator or a designee, who in addition thereto and in furtherance of such authority shall:

a.

Determine that all detailed site analyses, site plans, (and their constituent plans) comply with all provisions of this title.

b.

Maintain permanent and current records of this title, including, but not limited to, all maps, amendments, conditional uses, temporary uses, site plans, variances, appeals, interpretations, and applications therefor.

c.

Receive, file and forward all applications for any and all procedures governed by this title (see Chapter 17.44) to the designated official bodies.

d.

Make interpretations regarding the provisions of this title per Section 17.44.100.

2.

Zoning Code Enforcement Officer.

a.

Determine that all building permits, certificates of occupancy, sign permits, (and their constituent plans) comply with all provisions of this title.

b.

Maintain permanent and current records of this title, including, but not limited to, all building permits, sign permits, occupancy permits and applications therefor.

c.

Conduct inspections of buildings, structures and land to determine compliance with all provisions of this title.

d.

Institute, in the name of the city, any appropriate actions or proceedings against a violator of this title, as provided by law. (Prior code § 13-12-2)

Refer to Sections 2.40.010 through 2.40.040 of the code of ordinances for the city of Sun Prairie. (Prior code § 13-12-3)

The board of zoning appeals shall have the power and duty to review and determine all matters relating to requested variances from the provisions of this title (see Section 17.44.090); or appeals regarding an interpretation of the zoning administrator of the provisions of this title (see Section 17.44.100). (See also Section 2.84.010 of the code of ordinances for the city of Sun Prairie.) (Prior code § 13-12-4)

A.

Fees for Procedures Requested by a Private Party. Required fees shall be as set by resolution of the common council.

B.

Fees for Procedures Requested by the City of Sun Prairie. There shall be no fee in the case of applications filed in the public interest by the city council or the plan commission, other agency, or official of the city.

C.

Payment of Fees. Fees shall be payable at the time applications are filed with the appropriate officer of the city (per the requirements of this title) and are not refundable.

D.

Applications Deemed Incomplete. Any application for a zoning map amendment, amendment of the zoning regulations, precise implementation plan approval, variance, site plan approval, conditional use permit and/or special use permit from a person, firm or corporation having unpaid and overdue property taxes, special assessments, sanitary sewer hookup fees, park fees, impact fees, building permit fees, erosion control and stormwater management fees any fees and/or charges owed pursuant to a predevelopment agreement, development agreement or an outstanding judgment owed to the city of Sun Prairie shall be deemed incomplete and shall not be reviewed by staff. This section does not apply to fees paid in installments pursuant to a development agreement if made within thirty (30) days of the issuance of an invoice by the city.

E.

Hearing Request. Upon receipt of such an application from a person, firm or corporation having unpaid fees or accounts due to the city of Sun Prairie the person, firm or corporation shall be notified the application will not be accepted and that they may request a hearing before the finance committee regarding the unpaid fees. The request for a hearing must be made within thirty (30) days of the issuance of the notice.

F.

Appeal. The applicant has a right to appeal the decision of the finance committee to the city council within thirty (30) days of issuance of a denial of their appeal.

(Ord. 2004-123, § 1; Ord. 2002-59, § 1, 2002; prior code § 13-12-5)

A.

Violation of this Title. It is unlawful to construct or use any land, engage in any development activity (including disruption of protected vegetation), or construct or use any structure, land or water in violation of any of the provisions of this title or otherwise neglect, refuse or fail to comply with this title requirements. Any person who violates or fails to comply with any of the provisions of this title shall, upon conviction thereof, be subject to the penalties set forth in subsection B of this section and in addition, shall pay all costs and expenses, including actual reasonable attorney and other fees involved in the case. Each day a violation exists or continues shall constitute a separate offense.

B.

Penalties. The penalties set forth in Section 1.24.010 of the City of Sun Prairie Code of Ordinances are adopted and incorporated herein by reference.

C.

City Promulgated Correction of Violation. In addition to any other penalty imposed by this chapter for a violation of the provisions of this title, the city reserves and maintains the continued right to abate violations of this title.

1.

Hazardous Condition Caused by Violation of this Title. If the zoning administrator determines that a violation of this title exists, and further determines that the nature of such violation poses a great and immediate danger to the public health, safety, peace, morals or decency, the zoning administrator shall cause the violation to be abated. Costs associated with said abatement shall be charged to the owner of the property on which such violation has occurred per subsection (C)(3) of this section. The zoning administrator is authorized to abate a violation of this title.

2.

Nonhazardous Condition Caused by Violation of this Title. If the zoning administrator determines that a violation of this title exists, and further determines that the nature of such violation is not such as to pose great and immediate danger to the public health, safety, peace, morals or decency, the zoning administrator shall serve written notice by registered mail on the current owner of the property (as indicated by current city tax records) on which such violation is occurring to remove such violation within ten (10) working days. If such violation is not removed within such ten (10) working days, the zoning administrator shall cause the violation to be abated per subsection (C)(1) of this section. Costs associated with said abatement shall be charged to the owner of the property on which such violation has occurred per subsection (C)(3) of this section.

3.

Cost of Abatement. In addition to any other penalty imposed by this chapter for a violation of the provisions of this title, the cost of abating a violation of this title per subsections (C)(1) and/or (2) of this section shall be collected as a debt from the owner of the property on which such violation has occurred. An account of the expenses incurred by the city to abate the violation shall be kept and such expenses shall be charged to and paid by the property owner. Notice of the bill for abatement of the violation shall be mailed to the last known address of such property owner by registered mail, and shall be payable within thirty (30) calendar days from the receipt thereof. Within sixty (60) days after such costs and expenses are incurred and remain unpaid, the city clerk shall enter such charges onto the tax roll as a special tax as provided by Section 66.615(5), Wisconsin Statutes.

(Prior code § 13-12-6)