A. 
If land disturbing construction activities are being carried out without a permit required by this chapter, the City Engineer or designated agent may enter the land pursuant to the provisions of § 66.0119, Wis. Stats.
B. 
The City of Onalaska shall inspect construction sites weekly during the period starting March 1 and ending October 21 and at least two times during the period starting November 1 and ending February 28 or after a rain event of equal to or greater than 1/2 inch, to ensure compliance with the approved plan.
C. 
After official notice has been given for a violation of nonconformance to the erosion and sediment control plan, the property owner or land developer shall be given 48 hours to correct a minor nonconformance and 24 hours to correct a major nonconformance. The City shall adopt rules and regulations regarding what shall constitute a major and minor nonconformance.
D. 
The City Engineer or designated agent may post a stop-work order if any of the following occurs:
1. 
Any land disturbing construction activity regulated under this chapter is being undertaken without a permit.
2. 
The erosion and sediment control plan is not being implemented in a good faith manner.
3. 
The conditions of the permit are not being met.
E. 
If the responsible party does not cease activity as required in a stop-work order posted under this chapter or fails to comply with the erosion and sediment control plan or permit conditions, the City Engineer or designated agent may revoke the permit.
F. 
If the responsible party, where no permit has been issued, does not cease the activity after being notified by the City Engineer or designated agent, or if a responsible party violates a stop-work order posted under Subsection D above, the City Engineer or designated agent may request the City Attorney to obtain a cease and desist order in any court with jurisdiction.
G. 
The City Engineer or designated agent may retract the stop-work order issued under Subsection D above or the permit revocation under Subsection E above.
H. 
After posting a stop-work order under Subsection D above, the City Engineer or designated agent may issue a notice of intent and to the responsible party of its intent to perform work necessary to comply with this Title and complete such work. The costs of the work performed under this subsection by the City Engineer or designated agent, plus interest at the rate Common Council shall be billed to the responsible party. In the event a responsible party fails to pay the amount due, the Finance Director shall enter the amount due on the tax rolls and collect as a special assessment against the property pursuant to Subchapter VII of Ch. 66, Wis. Stats.
I. 
Any person violating any of the provisions of this chapter shall be subject to penalties as outlined in Section 15.02.33. Each day a violation exists shall constitute a separate offense.
J. 
Compliance with the provisions of this chapter may also be enforced by injunction in any court with jurisdiction. It shall not be necessary to prosecute for forfeiture or a cease and desist order before resorting to injunctional proceedings.
A. 
Board of Zoning Appeals:
1. 
Shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by the City Engineer or designated agent in administering this chapter, except for cease and desist orders obtained under Section 15.02.31.F.
2. 
Upon appeal, may authorize variances from the provisions of this chapter which are not contrary to the public interest and where owing to special conditions a literal enforcement of the provisions of the chapter will result in unnecessary hardship; and
3. 
Shall use the rules, procedures, duties and powers authorized by statute in hearing and deciding appeals and authorizing variances.
B. 
Who may appeal. Appeals to the Board of Zoning Appeals may be taken by any aggrieved person or by any office, department, board, or bureau of the City of Onalaska affected by any decision of the City Engineer or designated agent.
A. 
It is a violation of this chapter:
1. 
To fail to meet any time limits imposed by regulation under this chapter, except failure caused by an act of God; or
2. 
To fail to do any act required by this chapter or any regulation imposed hereunder; or
3. 
To do any act prohibited by this chapter or any regulation imposed hereunder; or
4. 
To continue any construction or development work on a site, except to correct a violation while a stop-work order is in effect; or
5. 
To suffer or permit any violation to continue in existence, except continuance caused by an act of God.
B. 
Any person, firm, or corporation violating this chapter or any part thereof shall, upon conviction thereof, forfeit not less than $100 nor more than $5,000 and the cost of prosecution and, in default of such fine and costs, shall be imprisoned in the county jail until payment of such forfeiture and the costs for a period not to exceed 30 days for each violation. Each day of violation shall constitute a separate offense.
C. 
In addition to the aforementioned penalties, no plat submitted to the City and no site plan or certified survey required by the City shall be approved unless it shows all improvements reasonably required to prevent erosion after completion of development as required in this chapter and the Subdivision Code of the City of Onalaska.