Chapter 19.75 deals with the administrative responsibilities of the zoning administrator, recordkeeping responsibilities of the city manager, and with compliance inspection and enforcement under this title. It should be recognized that the city plan commission and the board of zoning appeals have administrative responsibilities as well, and these are prescribed elsewhere in this title.

(Ord. No. 1914A, 2-18-2016)

A.

The office of zoning administrator is hereby created. The zoning administrator is the administrative and enforcement officer for the provisions of this Title 19.

B.

The duties of the zoning administrator shall be to:

1.

Issue interpretations of the zoning ordinance codified in this title, and make and maintain records thereof;

2.

Issue all zoning permits and make and maintain records thereof;

3.

Issue all certificates of zoning compliance, and make and maintain records thereof;

4.

Conduct inspections to determine compliance with the terms of this title;

5.

Record the lowest floor elevations of all structures erected, moved, altered or improved in the floodland districts;

6.

Maintain permanent and current records of activities under this title, including, but not limited to all maps, amendments, conditional use records, variance records, appeal records, and applications therefor;

7.

Provide a public information program relative to all matters arising out of this title;

8.

Receive, file and forward to the city clerk all applications for amendments to this title;

9.

Receive, file and forward to the plan commission all applications for amendments to this title and applications for plan and architectural review, including Section 19.63.050;

10.

Receive, file and forward to the board of zoning appeals all applications for appeals, variances or other matters on which the board of zoning appeals is required to act under this title. See also Section 19.72.050 allowing appeals to be filed with the board secretary;

11.

Initiate enforcement activities, and participate in such enforcement activities in relation to existing or potential violations of this title;

12.

Initiate studies of the provisions of this title, and make recommendations to the plan commission at appropriate intervals or upon request;

13.

Attend meetings of the plan commission and the board of zoning appeals;

14.

Perform such activities as are reasonably required to conduct the responsibilities enumerated herein, and respond to requests or directives from supervising officials of the city.

(Ord. No. 1914A, 2-18-2016)

A.

A primary duty of the zoning administrator is interpretation of the ordinance codified in this title. The zoning administrator shall respond expeditiously to requests for clarification and interpretation. The administrator is encouraged to seek counsel of the city attorney in making such interpretations.

B.

Informal and unwritten interpretations by the zoning administrator are not binding upon the city government, nor are those written interpretations that are expressly stated not to be binding. The zoning administrator shall have sole authority to decide when an interpretation shall be put in writing, except that the administrator shall make response to duly filed permit applications.

C.

Written interpretations by the zoning administrator are binding upon the city unless they are expressly made nonbinding. The written interpretation placed on this title by the zoning administrator shall be the official city interpretation unless that interpretation is retracted or revised in writing by the zoning administrator, or until it is reversed or modified by order of the board of zoning appeals or by a court.

D.

Written interpretations by the zoning administrator may be appealed to the board of zoning appeals as provided in Wisconsin Statutes 62.23(7)(e)7, and in Chapter 19.72.

(Ord. No. 1914A, 2-18-2016)

To the fullest extent possible, the zoning administrator shall make available to the public all reports and documents concerning the city comprehensive plan and any component thereof. In addition, available information in the form of reports, bulletins, maps, and engineering data shall be readily available and widely distributed. The plan commission may set fees necessary to recover the costs of providing information to the public. Where useful, the zoning administrator, or his agent, may set marks on bridges or buildings or other markers which show the depth of the one-hundred-year recurrence interval flood; or may set markers delineating the boundaries of wetlands.

(Ord. No. 1914A, 2-18-2016)

A.

Most types of land use change that are regulated by this title require a permit to be issued before the change may be legally undertaken. (See Chapter 19.63, Plan Review.) The zoning administrator's decision whether to issue a zoning permit is an interpretation decision in which the terms of this title are applied to a projected land use as described in the permit application and accompanying documents. When a permit is issued, the city is communicating its official statement that the land use described in the permit application is deemed to be legal under this title as Title 19 stands at that time. A permit that is issued does not, by itself, vest a right to complete the land use change. Changes in law or ordinance may have the effect of cancelling city approval if these occur before the project is far enough toward consummation to have a vested right to proceed to completion. A permit that is issued applies only to the development project as it is specifically described in the application. Permits may be time limited in their duration to allow a re-review of prevailing conditions.

B.

Every application for a zoning permit shall contain the information required in Section 19.63.020, on plan review application requirements. The administrator may also require evidence of compliance with other applicable laws or ordinances as a condition precedent to the issuance of a zoning permit.

C.

Any permit obtained through material misrepresentation shall be null and void. Coincident with the issuing of a permit, the zoning administrator shall prepare a card, certifying that a permit has been issued. This card shall bear the same number as the permit and shall identify the construction and premises covered by the permit. This card shall be posted in a conspicuous place on the premises during construction and no construction shall be commenced until this card has been posted.

D.

If the zoning administrator deems it appropriate, conditions may be placed on the permit. The permit card shall spell out the Title 19 requirements as applied by the zoning administrator to the development proposal. A full set of conditions shall be retained by the zoning administrator and a summary of pertinent parts shall be communicated in writing to the owner, agents and contractors.

E.

When a fully completed permit application is submitted and is then denied by the zoning administrator, the denial and the reasons for the denial shall be recorded in the records of the zoning office, and this decision shall be appealable under subsection D. of Section 19.75.030. Permit denials that are done without presentation of a fully completed application and the issuance of a denial on that application are not appealable.

F.

Issuance of a permit is equivalent to a written interpretation decision and is appealable as provided in subsection D. of Section 19.75.030.

G.

Where a development requires a uniform state building permit, the zoning permit may take the form of inscription of zoning approval on the building permit and description of pertinent conditions in the file and on the permit placard.

(Ord. No. 1914A, 2-18-2016)

No building or addition thereto constructed after June 24, 1982, the effective date of this Title 19, and no addition to a previously existing building shall be occupied, and no land (except that used for garden purposes, or for public recreation purposes and without buildings or structures), which is vacant on June 24, 1982, shall be used for any purpose until a certificate of zoning compliance has been issued by the zoning administrator. No use shall be changed until the certificate of zoning compliance has been issued by the zoning administrator. The application for and processing of a request for such a certificate shall be the same as for a zoning permit. A certificate of zoning compliance shall state that the uses of the property are legal under the zoning ordinance, either by expressed terms of the ordinance, or as a matter of nonconforming usage. Conditions or qualifications may be appended.

(Ord. No. 1914A, 2-18-2016)

A.

It shall be the duty of the zoning administrator to inspect or cause to be inspected all properties for which a zoning permit has been issued to determine whether the development of land use change that was the subject of the permit has occurred in full compliance with this title. The acceptance by an applicant of a zoning permit grants consent to the zoning administrator to make such inspections as are reasonably necessary to determine compliance.

B.

It shall also be the duty of the zoning administrator to inspect or cause to be inspected all properties within the jurisdiction of this title for compliance with the terms of this title. Inspections may be at random, under a routine pattern, as a follow-up to permit issuance, or upon complaint or inquiry. Based on the possible violation, the zoning administrator or designee may inspect the property.

C.

Where facts obtained from inspection or by other means lead the zoning administrator to conclude that a violation of this title probably exists, the zoning administrator shall create an evidentiary file documenting the basis for this conclusion. After completion and review of this file, the zoning administrator may take the following initial enforcement actions on his/her own motion:

1.

Communicate in person, by letter, or telephone, with the owner, the architect, contractors, or other relevant parties, expressing the conclusion that a violation probably exists, requesting information, requesting that the parties review the compliance question, and that they communicate with the zoning administrator on this matter within a specified time appropriate to the circumstances.

2.

Where the zoning administrator deems it appropriate to prevent further construction or alteration, a stop-work order may be issued by the administrator. This order shall be prominently posted on the property and mailed to relevant parties, and it shall demand that work violating this title be halted immediately and shall advise its readers and recipients to contact the zoning administrator's office.

3.

Where the zoning administrator deems it appropriate, the zoning administrator may issue a citation for a zoning ordinance violation, under the city's citation ordinance.

4.

All written communications, including stop-work orders, shall have an expressed time limit for contact with the zoning office, and shall advise that the matter will be turned over to the city attorney for legal action on that date unless the matter has been resolved.

D.

Where enforcement actions described in subsection C. above have not satisfied the zoning administrator that the property and its usage have been made to comply, the evidentiary file and all correspondence shall be turned over to the city attorney. The city attorney shall review the file. The attorney may require an evidentiary hearing before making a prosecutorial decision. If the file is deemed by the city attorney not to show a probable violation, the city attorney shall so indicate in an explanatory letter, and pertinent parties shall be so notified. If the city attorney does not so conclude, the attorney shall immediately issue a letter to the violating parties and other pertinent individuals establishing a specific timetable for compliance to be accomplished and specifying that legal action will be taken if compliance is not accomplished within the time period specified. If the deadline is not met, the attorney shall institute prosecution by lawsuit requesting injunctive relief or forfeiture or both. The attorney may also prosecute a nuisance action and/or may refer the matter to the district attorney for possible violation of state law or code, as the facts may indicate.

E.

Formal decisions by the zoning administrator or by the city attorney on probable violations are administrative determinations made in the course of enforcing this title, and are capable of appeal to the board of zoning appeals pursuant to Wisconsin Statutes 66.23(7).

F.

The city police department shall have enforcement authority concerning all of the provisions of Title 19. This shall include, but not be limited to, issuance of citations for zoning ordinance violations under the city's citation ordinance.

(Ord. No. 1914A, 2-18-2016)

A.

It shall be the duty of the zoning administrator or designee to inspect properties for which a complaint has been filed to determine whether the permitted occupancy is in full compliance with this title for districts R-O, R-1, R-2, R-3, and all overlay districts of this title. The acceptance by an applicant of a zoning permit grants consent to the zoning administrator to make such inspections as are reasonably necessary to determine compliance.

B.

Inspections may include a site visit to request a lease from the tenants or with regard to specific inquiries regarding occupancy or similar issue. Inspections will be due to a complaint or inquiry.

C.

Where facts obtained from inspection, or by other means, lead the zoning administrator to conclude that a violation of occupancy probably exists, the zoning administrator shall create an evidentiary file documenting the basis for this conclusion. After completion and review of this file, zoning administrator may take the following initial enforcement actions on his/her own motion:

1.

Communicate in person, by letter, or telephone, with the property owner requesting information, requesting that the parties review the compliance question, and that they communicate with the zoning administrator on this matter within a specified time appropriate to the circumstances.

2.

Where the zoning administrator deems it appropriate, he or she may issue a citation for a zoning ordinance violation, under the city's citation ordinance.

D.

Formal decisions by the zoning administrator or by the city attorney on probable violations are administrative determinations made in the course of enforcing this title, and are capable of appeal to the board of zoning appeals pursuant to Wisconsin Statutes 66.23(7).

(Ord. No. 1914A, 2-18-2016)

A.

It shall be the duty of the city manager, or of other city officials and staff as determined by the city manager, to provide the plan commission and the board of zoning appeals with staff services to assure that all meetings are fully noticed and conducted in accordance with procedural requirements of the Wisconsin Planning and Zoning Statute (Wisconsin Statutes 62.23(7)), the open meeting law and the public record law. Similarly, the city manager or delegated public official shall maintain all minutes, proceedings and records of the plan commission and board of zoning appeals in full compliance with the public record requirements of state planning and zoning laws and the open meeting and public record laws of the state of Wisconsin.

B.

The city manager is the appointing officer for the zoning administrator. The city manager shall not, however, dictate the outcome of interpretation or permit decisions or enforcement decisions by the administrator. The city manager, if affected by any decision of the zoning administrator, shall have the right to appeal the administrator's decision to the board of zoning appeals, pursuant to Wisconsin Statutes 62.23(7)(e)4.

C.

It shall be the duty of the city manager and zoning administrator to establish and maintain a system of records on land usage, coordinating records of permits, decisions of the plan commission and board of zoning appeals, city council, land subdivision records, city-required covenants, development conditions and contracts, etc., so as to provide city officials and citizens with reasonably full access to all the regulatory matters pertaining to particular parcels.

(Ord. No. 1914A, 2-18-2016)

A.

The following shall constitute violations of this title, and shall subject those responsible to penalties as listed below.

It is a violation of Title 19 to:

1.

Own any property or structure that does not fully comply with the terms of this title: $100.00 to $300.00.

2.

Establish or cause to be established, or allow or fail to remedy, any usage of land or premises or any structure which does not fully comply with the terms of this title, or to aid or abet in such activity: $100.00 to $350.00;

3.

Fail to request and obtain a zoning permit for a land use or a land use change that requires such a permit under this title: $100.00 to $300.00; in cases where a permit is subsequently requested, the standard permit fee shall be doubled;

4.

Fail to comply with a stop-work order duly issued by the zoning administrator: $250.00 to $400.00.

B.

Each day of a violation shall constitute a separate offense.

C.

In addition to the remedies specified above, adjacent or neighboring property owners may institute appropriate actions or proceedings to prevent, enjoin, abate, remove or correct structural or land use activities that are or will be in violation of this title, or to prevent or abate activities or conditions that constitute nuisances.

D.

In addition to any other penalties or remedies available, the city or any landowner within three hundred feet of the property, may maintain an action for injunctive relief to restrain any violation of the density and use limitations set forth in Section 19.09.520 and/or to enforce compliance with Section 19.09.520, upon a showing that a person has engaged in, or is about to engage in, an act or practice constituting a violation of that section.

(Ord. No. 1914A, 2-18-2016)