Not complying with any requirement of this chapter shall be
deemed a violation, and the responsible party shall be subject to
enforcement action under this article. Prohibited practices shall
include, but are not limited to:
A. Any land disturbing or land development activity prior to:
(1) Obtaining a stormwater permit;
(2) Notifying the Designated City Representative a minimum of two working
days in advance for sites that have obtained a stormwater permit;
or
(3) The installation of the BMPs identified in the approved plans to
be installed prior to any land disturbing or land developing activity.
B. Failing to apply for a Designated City Representative preliminary stormwater review letter in accordance with §
367-8 of this chapter.
C. Failing to obtain Designated City Representative certification of compliance for a final plat or certified survey map in accordance with §
367-10 of this chapter.
D. Failing to comply with all permit conditions, erosion control or
stormwater management requirements and approved plans in accordance
this chapter.
E. Failing to maintain BMPs.
F. Failing to comply with any notice of violation.
The Designated City Representative shall notify the permit holder
of any violation in writing, and copy any other known responsible
party involved in the violation. The written notice shall be hand
delivered to the permit holder or sent to the last known address,
with a reasonable attempt to verify that the permit holder received
it. The notice shall describe the violation, remedial action(s) needed
and a schedule for all remedial action to be completed. Any enforcement
measures shall continue until compliance is achieved or as ordered
by the court. The Designated City Representative is authorized to
use the following methods of enforcement in any combination thereof
against any applicant or responsible party that is found to be in
violation of any provision of this chapter:
A. Forfeiture. Any violator shall be subject to a forfeiture of not
less than $100 nor more than $1,000 plus the cost of prosecution for
each violation. Each day that a violation exists shall constitute
a separate offense.
B. Stop-work order. Any violator is subject to an order to stop all
work except that which is needed as a corrective action to bring the
site into compliance.
C. Permit revocation. The Designated City Representative may revoke
a permit issued under this chapter. Upon loss of the permit, all construction
shall cease and the site shall be stabilized, with any costs incurred
by the City to be charged against the financial assurance.
D. Injunction. The City, or any person affected by activities regulated
under this chapter, may enforce the provisions of this chapter by
a temporary restraining order, injunction and other such relief as
a court may order.
E. Declared nuisances. Any land disturbing or land development activity
carried out in violation of the provisions of this chapter is hereby
declared to be a nuisance per se, and the City may apply to any court
of competent jurisdiction to restrain or abate such nuisance.
F. Emergency action. The City may enter upon the property and take any
necessary emergency action if the Designated City Representative determines
that the site in violation is an immediate threat to public health,
safety, welfare, the environment or downstream property, or if the
permit holder or other violator refuses to take the corrective action
as ordered by the Designated City Representative. Any cost incurred
by the City as a result of this action shall be billed to the permit
holder or other responsible party or subtracted from the financial
assurance. The Designated City Representative shall provide reasonable
notice to the permit holder and other responsible party after exercising
this authority.
G. Citation. The City elects to use the citation method of enforcement under§ 66.0113, Wis. Stats., and Chapter
22, Citations, of the City Code for violations of this chapter, including those for which a statutory counterpart exists. Authority to issue a citation under this chapter shall be limited to an official or employee with the authority granted by the City Council. The authority delegated to such officials or employees to issue citations may only be granted or revoked by the City Council. This subsection does not preclude the City or any authorized officer from proceeding under any other ordinance or law or by any other enforcement method to enforce this chapter or any regulation or order. The contents of the citation and the schedule of cash deposits shall be as prescribed in Chapter
22, Citations, of the City Code.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A. Authority. The Zoning Board of Appeals shall act as the review and
appeal authority for any order, requirement, decision or determination
by the Designated City Representative under this chapter.
B. Procedure. The rules, procedures, duties and powers of the Zoning
Board of Appeals shall be as provided in the City Code of Ordinances,
and the provisions of § 62.23, Wis. Stats., shall apply
to any review or appeal under this chapter.
C. Variances. Upon appeal, the Zoning Board of Appeals may authorize
variances from the provisions of this chapter which are not contrary
to the public interest or the purposes of this chapter, and where
owing to special conditions beyond the control of the applicant, a
literal enforcement of this chapter will result in unnecessary hardship.
D. Who may appeal. Appeals to the City Council may be taken by any aggrieved
person or by an officer or department affected by any decision of
the Designated City Representative.