Village of Whitefish Bay, WI
Milwaukee County
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[Adopted 4-20-2020 by Ord. No. 1867[1]]
[1]
Editor's Note: This ordinance also redesignated former Art. III as Art. IV.
A. 
This article is adopted under the authority granted by § 61.354, Wis. Stats. This article supersedes all provisions of an ordinance previously enacted under § 61.35, Wis. Stats., that relate to construction site erosion and sediment control. Except as otherwise specified in § 61.354, Wis. Stats., § 61.35, Wis. Stats., applies to this article and to any amendments to this article.
B. 
The provisions of this article are deemed not to limit any other lawful regulatory powers of the Village of Whitefish Bay.
C. 
The Village of Whitefish Bay hereby designates the Public Works Department to administer and enforce the provisions of this article.
D. 
The requirements of this article do not preempt more stringent erosion and sediment control requirements that may be imposed by any of the following:
(1) 
Wisconsin Department of Natural Resources administrative rules, permits, or approvals, including those authorized under §§ 281.16 and 283.33, Wis. Stats.
(2) 
Targeted nonagricultural performance standards promulgated in rules by the Wisconsin Department of Natural Resources under § NR 151.004, Wis. Adm. Code.
The Village of Whitefish Bay acknowledges that runoff from land-disturbing construction activity carries a significant amount of sediment and other pollutants to the waters of the state in the Village of Whitefish Bay.
It is the purpose of this article to maintain safe and healthful conditions; prevent and control water pollution; prevent and control soil erosion and sediment discharge; protect spawning grounds, fish, and aquatic life; control building sites, placement of structures, and land uses; preserve ground cover and scenic beauty; and promote sound economic growth by minimizing the amount of sediment and other pollutants carried by runoff or discharged from land-disturbing construction activity to waters of the state in the Village of Whitefish Bay.
A. 
Applicability.
(1) 
Except as provided under Subsection A(2), this article applies to any construction site as defined under § 11-27F.
(2) 
This article does not apply to any of the following:
(a) 
Transportation facilities, except transportation facility construction projects that are part of a larger common plan of development such as local roads within a residential or industrial development.
(b) 
The construction of a building that is otherwise regulated by the Wisconsin Department of Safety and Professional Services (DSPS) in Chs. SPS 320 to 325, or SPS 361 to 366, Wis. Adm. Code.
(c) 
A construction project that is exempted by federal statutes or regulations from the requirement to have a national pollutant discharge elimination system permit issued under 40 CFR 122 for land-disturbing construction activity.
(d) 
Nonpoint discharges from agricultural facilities and practices.
(e) 
Nonpoint discharges from silviculture activities.
(f) 
Routine maintenance for project sites that have less than five acres of land disturbance if performed to maintain the original line and grade, hydraulic capacity, or original purpose of the facility.
(3) 
Notwithstanding the applicability requirements in Subsection A(1), this article applies to construction sites of any size that, as determined by the Public Works Director or designee, are likely to result in runoff that exceeds the safe capacity of the existing drainage facilities or receiving body of water, that causes undue channel erosion, or that increases water pollution by scouring or transporting of particulate.
B. 
Jurisdiction. This article applies to land-disturbing construction activity on lands within the boundaries and jurisdiction of the Village of Whitefish Bay.
C. 
Exclusions. This article is not applicable to activities conducted by a state agency, as defined under § 227.01(1), Wis. Stats.
In this article:
ADMINISTERING AUTHORITY
A governmental employee, or a regional planning commission empowered under § 61.354, Wis. Stats., that is designated by the Village of Whitefish Bay to administer this article.
AGRICULTURAL FACILITIES AND PRACTICES
Has the meaning given in § 281.16(1), Wis. Stats.
BEST MANAGEMENT PRACTICE or BMP
Structural or nonstructural measures, practices, techniques, or devices employed to avoid or minimize soil, sediment, or pollutants carried in runoff to waters of the state.
BUSINESS DAY
A day the office of the Public Works Director or designee is routinely and customarily open for business.
CEASE-AND-DESIST ORDER
A court-issued order to halt land-disturbing construction activity that is being conducted without the required permit or in violation of a permit issued by the Public Works Director or designee.
CONSTRUCTION SITE
An area upon which one or more land-disturbing construction activities occur, including areas that are part of a larger common plan of development or sale when multiple separate and distinct land-disturbing construction activities may be taking place at different times on different schedules but under one plan. A long-range planning document that describes separate construction projects, such as a twenty-year transportation improvement plan, is not a common plan of development.
DESIGN STORM
A hypothetical discrete rainstorm characterized by a specific duration, temporal distribution, rainfall intensity, return frequency, and total depth of rainfall.
DIVISION OF LAND
The creation from one parcel of two or more parcels or building sites of five or fewer acres each in area when such creation occurs at one time or through the successive partition within a five-year period.
EROSION
The process by which the land's surface is worn away by the action of wind, water, ice, or gravity.
EROSION AND SEDIMENT CONTROL PLAN
A comprehensive plan developed to address pollution caused by erosion and sedimentation of soil particles or rock fragments during construction.
EXTRATERRITORIAL
The unincorporated area within three miles of the corporate limits of a first-, second-, or third-class city, or within 1.5 miles of a fourth-class city or village.
FINAL STABILIZATION
That all land-disturbing construction activities at the construction site have been completed and that a uniform perennial vegetative cover has been established with a density of at least 70% of the cover for the unpaved areas and areas not covered by permanent structures or that employ equivalent permanent stabilization measures.
LAND-DISTURBING CONSTRUCTION ACTIVITY
Any man-made alteration of the land surface resulting in a change in the topography or existing vegetative or nonvegetative soil cover that may result in runoff and lead to an increase in soil erosion and movement of sediment into waters of the state. "Land-disturbing construction activity" includes clearing and grubbing, demolition, excavating, pit trench dewatering, filling, and grading activities.
LANDOWNER
Any person holding fee title, an easement or other interest in property that allows the person to undertake cropping, livestock management, land-disturbing construction activity, or maintenance of stormwater BMPs on the property.
MAXIMUM EXTENT PRACTICABLE
The highest level of performance that is achievable but is not equivalent to a performance standard identified in this article as determined in accordance with § 11-28 of this article.
PERFORMANCE STANDARD
A narrative or measurable number specifying the minimum acceptable outcome for a facility or practice.
PERMIT
A written authorization made by the Public Works Director or designee to the applicant to conduct land-disturbing construction activity or to discharge post-construction runoff to waters of the state.
POLLUTANT
Has the meaning given in § 283.01(13), Wis. Stats.
POLLUTION
Has the meaning given in § 281.01(10), Wis. Stats.
RESPONSIBLE PARTY
The landowner or any other entity performing services to meet the requirements of this article through a contract or other agreement.
RUNOFF
Stormwater or precipitation including rain, snow, or ice melt or similar water that moves on the land surface via sheet or channelized flow.
SEDIMENT
Settleable solid material that is transported by runoff, suspended within runoff, or deposited by runoff away from its original location.
SILVICULTURE ACTIVITY
Activities including tree nursery operations, tree harvesting operations, reforestation, tree thinning, prescribed burning, and pest and fire control. Clearing and grubbing of an area of a construction site is not a "silviculture activity."
SITE
The entire area included in the legal description of the land on which the land-disturbing construction activity is proposed in the permit application.
STOP-WORK ORDER
An order issued by the Public Works Director or designee that requires that all construction activity on the site be stopped.
TECHNICAL STANDARD
A document that specifies design, predicted performance, and operation and maintenance specifications for a material, device, or method.
TRANSPORTATION FACILITY
A highway, a railroad, a public mass transit facility, a public-use airport, a public trail, or any other public work for transportation purposes, such as harbor improvements under § 85.095(1)(b), Wis. Stats. "Transportation facility" does not include building sites for the construction of public buildings and buildings that are places of employment that are regulated by the Wisconsin Department of Natural Resources pursuant to § 281.33, Wis. Stats.
WATERS OF THE STATE
Includes those portions of Lake Michigan and Lake Superior within the boundaries of this state, and all lakes, bays, rivers, streams, springs, ponds, wells, impounding reservoirs, marshes, watercourses, drainage systems, and other surface water or groundwater, natural or artificial, public or private, within this state or its jurisdiction.
WIS. ADM. CODE
The Wisconsin Administrative Code, published under § 35.93, Wis. Stats.
WIS. STATS.
The Wisconsin Statutes published under § 35.18, Wis. Stats.
Maximum extent practicable applies when a person who is subject to a performance standard of this article demonstrates to the Public Works Director's or designee's satisfaction that a performance standard is not achievable and that a lower level of performance is appropriate. In making the assertion that a performance standard is not achievable and that a level of performance different from the performance standard is the maximum extent practicable, the responsible party shall take into account the best available technology, cost effectiveness, geographic features, and other competing interests such as protection of public safety and welfare, protection of endangered and threatened resources, and preservation of historic properties.
All BMPs required for compliance with this article shall meet design criteria, standards, and specifications based on any of the following:
A. 
Design guidance and technical standards identified or developed by the Wisconsin Department of Natural Resources under Subchapter V of Ch. NR 151, Wis. Adm. Code.
B. 
Soil loss prediction tools [such as the Universal Soil Loss Equation (USLE)] when using an appropriate rainfall or runoff factor (also referred to as the "R factor") or an appropriate design storm and precipitation distribution, and when considering the geographic location of the site and the period of disturbance.
C. 
Technical standards and methods approved by the Public Works Director or designee.
A. 
Responsible party. The responsible party shall comply with this article.
B. 
Erosion and sediment control practices. Erosion and sediment control practices at each site where land-disturbing construction activity is to occur shall be used to prevent or reduce all of the following:
(1) 
The deposition of soil from being tracked onto streets by vehicles.
(2) 
The discharge of sediment from disturbed areas into on-site stormwater inlets.
(3) 
The discharge of sediment from disturbed areas into adjacent waters of the state.
(4) 
The discharge of sediment from drainageways that flow off the site.
(5) 
The discharge of sediment by dewatering activities.
(6) 
The discharge of sediment eroding from soil stockpiles existing for more than seven days.
(7) 
The transport by runoff into waters of the state of chemicals, cement, and other building compounds and materials on the construction site during the construction period. However, projects that require the placement of these materials in waters of the state, such as constructing bridge footings or BMP installations, are not prohibited by this subdivision.
C. 
Location. The BMPs shall be located so that treatment occurs before runoff enters waters of the state.
D. 
Implementation. The BMPs used to comply with this article shall be implemented as follows:
(1) 
Erosion and sediment control practices shall be constructed or installed before land-disturbing construction activities begin.
(2) 
Erosion and sediment control practices shall be maintained until final stabilization.
(3) 
Final stabilization activity shall commence when land-disturbing activities cease and final grade has been reached on any portion of the site.
(4) 
Temporary stabilization activity shall commence when land-disturbing activities have temporarily ceased and will not resume for a period exceeding 14 calendar days.
(5) 
BMPs that are no longer necessary for erosion and sediment control shall be removed by the responsible party.
A. 
Responsible party. The responsible party shall comply with this article and implement the erosion and sediment control plan developed in accordance with § 11-33.
B. 
Erosion and sediment control plan. A written site-specific erosion and sediment control plan shall be developed in accordance with § 11-33 of this article and implemented for each construction site.
C. 
Erosion and other pollutant control requirements. The erosion and sediment control plan required under Subsection B shall include all of the following:
(1) 
Erosion and sediment control practices. Erosion and sediment control practices at each site where land-disturbing construction activity is to occur shall be used to prevent or reduce all of the following:
(a) 
The deposition of soil from being tracked onto streets by vehicles.
(b) 
The discharge of sediment from disturbed areas into on-site stormwater inlets.
(c) 
The discharge of sediment from disturbed areas into adjacent waters of the state.
(d) 
The discharge of sediment from drainageways that flow off the site.
(e) 
The discharge of sediment by dewatering activities.
(f) 
The discharge of sediment eroding from soil stockpiles existing for more than seven days.
(g) 
The transport by runoff into waters of the state of chemicals, cement, and other building compounds and materials on the construction site during the construction period. However, projects that require the placement of these materials in waters of the state, such as constructing bridge footings or BMP installations, are not prohibited by this subdivision.
(2) 
Sediment performance standards. In addition to the erosion and sediment control practices under Subsection C(1), the following erosion and sediment control practices shall be employed:
(a) 
BMPs that, by design, discharge no more than five tons per acre per year, or to the maximum extent practicable, of the sediment load carried in runoff from initial grading to final stabilization.
(b) 
No person shall be required to employ more BMPs than are needed to meet a performance standard in order to comply with maximum extent practicable. Erosion and sediment control BMPs may be combined to meet the requirements of this subsection. Credit may be given toward meeting the sediment performance standard of this subsection for limiting the duration or area, or both, of land-disturbing construction activity, or for other appropriate mechanisms.
(c) 
Notwithstanding Subsection C(2)(a), if BMPs cannot be designed and implemented to meet the sediment performance standard, the erosion and sediment control plan shall include a written, site-specific explanation of why the sediment performance standard cannot be met and how the sediment load will be reduced to the maximum extent practicable.
(3) 
Preventive measures. The erosion and sediment control plan shall incorporate all of the following:
(a) 
Maintenance of existing vegetation, especially adjacent to surface waters whenever possible.
(b) 
Minimization of soil compaction and preservation of topsoil.
(c) 
Minimization of land-disturbing construction activity on slopes of 20% or more.
(d) 
Development of spill prevention and response procedures.
(4) 
Location. The BMPs used to comply with this article shall be located so that treatment occurs before runoff enters waters of the state.
D. 
Implementation. The BMPs used to comply with this article shall be implemented as follows:
(1) 
Erosion and sediment control practices shall be constructed or installed before land-disturbing construction activities begin in accordance with the erosion and sediment control plan developed in § 11-31B.
(2) 
Erosion and sediment control practices shall be maintained until final stabilization.
(3) 
Final stabilization activity shall commence when land-disturbing activities cease and final grade has been reached on any portion of the site.
(4) 
Temporary stabilization activity shall commence when land-disturbing activities have temporarily ceased and will not resume for a period exceeding 14 calendar days.
(5) 
BMPs that are no longer necessary for erosion and sediment control shall be removed by the responsible party.
A. 
Permit required. No responsible party may commence a land-disturbing construction activity subject to this article without receiving prior approval of an erosion and sediment control plan for the site and a permit from the Public Works Director or designee.
B. 
Permit application and fees. The responsible party that will undertake a land-disturbing construction activity subject to this article shall submit an application for a permit and an erosion and sediment control plan that meets the requirements of § 11-33, and shall pay an application fee plus costs in the amount specified by the Village Board from time to time pursuant to §§ 17-33 and 17-24. By submitting an application, the applicant is authorizing the Public Works Director or designee to enter the site to obtain information required for the review of the erosion and sediment control plan.
C. 
Permit application review and approval. The Public Works Director or designee shall review any permit application that is submitted with an erosion and sediment control plan and the required fee. All of the following approval procedure shall be used:
(1) 
Within 15 business days of the receipt of a complete permit application, as required by Subsection B, the Public Works Director or designee shall inform the applicant whether the application and erosion and sediment control plan are approved or disapproved based on the requirements of this article.
(2) 
If the permit application and erosion and sediment control plan are approved, the Public Works Director or designee shall issue the permit.
(3) 
If the permit application or erosion and sediment control plan is disapproved, the Public Works Director or designee shall state, in writing, the reasons for disapproval.
(4) 
The Public Works Director or designee may request additional information from the applicant. If additional information is submitted, the Public Works Director or designee shall have 10 business days from the date the additional information is received to inform the applicant that the erosion and sediment control plan is either approved or disapproved.
(5) 
Failure by the Public Works Director or designee to inform the permit applicant of a decision within 10 business days of a required submittal shall be deemed to mean approval of the submittal and the applicant may proceed as if a permit had been issued.
D. 
Surety bond. As a condition of approval and issuance of the permit, the Public Works Director or designee may require the applicant to deposit a surety bond or irrevocable letter of credit to guarantee a good faith execution of the approved erosion and sediment control plan and any permit conditions.
E. 
Permit requirements. All permits shall require the responsible party to do all of the following:
(1) 
Notify the Public Works Director or designee within 48 hours of commencing any land-disturbing construction activity.
(2) 
Notify the Public Works Director or designee of completion of any BMPs within 14 days after their installation.
(3) 
Obtain permission, in writing, from the Public Works Director or designee prior to any modification pursuant to § 11-33C of the erosion and sediment control plan.
(4) 
Install all BMPs as identified in the approved erosion and sediment control plan.
(5) 
Maintain all road drainage systems, stormwater drainage systems, BMPs, and other facilities identified in the erosion and sediment control plan.
(6) 
Repair any siltation or erosion damage to adjoining surfaces and drainageways resulting from land-disturbing construction activities and document repairs in a site inspection log.
(7) 
Inspect the BMPs within 24 hours after each rain of 0.5 inch or more that results in runoff during active construction periods and at least once each week. Make needed repairs and install additional BMPs as necessary and document these activities in an inspection log that also includes the date of inspection, the name of the person conducting the inspection, and a description of the present phase of the construction at the site.
(8) 
Allow the Public Works Director or designee to enter the site for the purpose of inspecting compliance with the erosion and sediment control plan or for performing any work necessary to bring the site into compliance with the erosion and sediment control plan.
(9) 
Keep a copy of the erosion and sediment control plan at the construction site.
F. 
Permit conditions. Permits issued under this article may include conditions established by the Public Works Director or designee in addition to the requirements set forth in Subsection E, when needed to assure compliance with the performance standards in § 11-30 or § 11-31.
G. 
Permit duration. Permits issued under this article shall be valid for a period of 180 days, or the length of the building permit or other construction authorizations, whichever is longer, from the date of issuance. The Public Works Director or designee may grant one or more extensions not to exceed 180 days cumulatively. The Public Works Director or designee may require additional BMPs as a condition of an extension if they are necessary to meet the requirements of this article.
H. 
Maintenance. The responsible party throughout the duration of the construction activities shall maintain all BMPs necessary to meet the requirements of this article until the site has undergone final stabilization.
A. 
Erosion and sediment control plan required. For each construction site identified under § 11-26A(3), an erosion and sediment control plan shall be prepared.
B. 
Erosion and sediment control plan contents.
(1) 
An erosion and sediment control plan shall be prepared and submitted to the Public Works Director or designee.
(2) 
The erosion and sediment control plan shall be designed to meet the performance standards in §§ 11-30 and 11-31 and other requirements of this article.
(3) 
The erosion and sediment control plan shall address pollution caused by soil erosion and sedimentation during construction and up to final stabilization of the site. The erosion and sediment control plan shall include, at a minimum, all of the following items:
(a) 
Names and addresses of the owner or developer of the site, and of any consulting firm retained by the applicant, together with the name of the applicant's principal contact at such firm. The application shall also include start and end dates for construction.
(b) 
Description of the construction site and the nature of the land-disturbing construction activity, including representation of the limits of land disturbance on a United States Geological Survey 7.5 minute series topographic map.
(c) 
Description of the intended sequence of major land-disturbing construction activities for major portions of the construction site, including stripping and clearing; rough grading; construction of utilities, infrastructure, and buildings; and final grading and landscaping. Sequencing shall identify the expected date on which clearing will begin, the estimated duration of exposure of cleared areas, areas of clearing, installation of temporary erosion and sediment control measures, and establishment of permanent vegetation.
(d) 
Estimates of the total area of the construction site and the total area of the construction site that is expected to be disturbed by land-disturbing construction activities.
(e) 
Calculations to show the compliance with the performance standard in § 11-31C(2)(a).
(f) 
Existing data describing the surface soil as well as subsoils.
(g) 
Depth to groundwater, as indicated by Natural Resources Conservation Service soil information when available.
(h) 
Name of the immediate named receiving water from the United States Geological Survey 7.5 minute series topographic maps.
(4) 
The erosion and sediment control plan shall include a site map. The site map shall include all of the following items and shall be at a scale not greater than 100 feet per inch and at a contour interval not to exceed five feet:
(a) 
Existing topography, vegetative cover, natural and engineered drainage systems, roads, and surface waters. Lakes, streams, wetlands, channels, ditches, and other watercourses on and immediately adjacent to the site shall be shown. Any identified 100-year floodplains, flood fringes, and floodways shall also be shown.
(b) 
Boundaries of the construction site.
(c) 
Drainage patterns and approximate slopes anticipated after major grading activities.
(d) 
Areas of soil disturbance.
(e) 
Location of major structural and nonstructural controls identified in the erosion and sediment control plan.
(f) 
Location of areas where stabilization BMPs will be employed.
(g) 
Areas that will be vegetated following land-disturbing construction activities.
(h) 
Areas and locations of wetland on the construction site, and locations where stormwater is discharged to a surface water or wetland within 1/4 mile downstream of the construction site.
(i) 
Areas used for infiltration of post-construction stormwater runoff.
(j) 
An alphanumeric or equivalent grid overlying the entire construction site map.
(5) 
Each erosion and sediment control plan shall include a description of appropriate control BMPs that will be installed and maintained at the construction site to prevent pollutants from reaching waters of the state. The erosion and sediment control plan shall clearly describe the appropriate erosion and sediment control BMPs for each major land-disturbing construction activity and the timing during the period of land-disturbing construction activity that the erosion and sediment control BMPs will be implemented. The description of erosion and sediment control BMPs shall include, when appropriate, all of the following minimum requirements:
(a) 
Description of interim and permanent stabilization practices, including a BMP implementation schedule. The erosion and sediment control plan shall ensure that existing vegetation is preserved when attainable and that disturbed portions of the site are stabilized.
(b) 
Description of structural practices to divert flow away from exposed soils, store flows, or otherwise limit runoff and the discharge of pollutants from the site. Unless otherwise specifically approved, in writing, by the Public Works Director or designee, structural measures shall be installed on upland soils.
(c) 
Management of overland flow at all areas of the construction site, unless otherwise controlled by outfall controls.
(d) 
Trapping of sediment in channelized flow.
(e) 
Staging land-disturbing construction activities to limit exposed soil areas subject to erosion.
(f) 
Protection of downslope drainage inlets where they occur.
(g) 
Minimization of tracking at all vehicle and equipment entry and exit locations of the construction site.
(h) 
Cleanup of off-site sediment deposits.
(i) 
Proper disposal of building and waste material.
(j) 
Stabilization of drainageways.
(k) 
Installation of permanent stabilization practices as soon as possible after final grading.
(l) 
Minimization of dust to the maximum extent practicable.
(6) 
The erosion and sediment control plan shall require that velocity dissipation devices be placed at discharge locations and along the length of any outfall channel as necessary to provide a nonerosive flow from the structure to a water course so that the natural physical and biological characteristics and functions are maintained and protected.
C. 
Erosion and sediment control plan amendments. The applicant shall amend the erosion and sediment control plan if any of the following occurs:
(1) 
There is a change in design, construction, operation, or maintenance at the site that has the reasonable potential for the discharge of pollutants to waters of the state and that has not otherwise been addressed in the erosion and sediment control plan.
(2) 
The actions required by the erosion and sediment control plan fail to reduce the impacts of pollutants carried by construction site runoff.
(3) 
The Public Works Director or designee notifies the applicant of changes needed in the erosion and sediment control plan.
If land-disturbing construction activities are occurring without a permit required by this article, the Public Works Director or designee may enter the land pursuant to the provisions of § 66.0119, Wis. Stats.
A. 
The Public Works Director or designee will inspect any construction site that holds a permit under this chapter at least once a month between March 1 and October 31, and at least two times between November 1 and February 28 to ensure compliance with the approved erosion and sediment control plan.
B. 
The Public Works Director or designee may post a stop-work order if any of the following occurs:
(1) 
Land-disturbing construction activity regulated under this article is occurring without a permit.
(2) 
The erosion and sediment control plan is not being implemented in good faith.
(3) 
The conditions of the permit are not being met.
C. 
If the responsible party does not cease activity as required in a stop-work order posted under this article or fails to comply with the erosion and sediment control plan or permit conditions, the Public Works Director or designee may revoke the permit.
D. 
If the responsible party, when no permit has been issued or the permit has been revoked, does not cease the activity after being notified by the Public Works Director or designee, or if a responsible party violates a stop-work order posted under Subsection A, the Public Works Director or designee may request the Village Attorney to obtain a cease-and-desist order in any court with jurisdiction.
E. 
The Board of Appeals may retract the stop-work order issued under Subsection B or the permit revocation under Subsection C.
F. 
After posting a stop-work order under Subsection B, the Public Works Director or designee may issue a notice of intent to the responsible party of its intent to perform work necessary to comply with this article. The Public Works Director or designee may go on the land and commence the work after issuing the notice of intent. The costs of the work performed under this subsection by the Public Works Director or designee, plus interest at the rate authorized by the Village of Whitefish Bay, shall be billed to the responsible party. In the event a responsible party fails to pay the amount due, the Clerk 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.
G. 
Any person violating any of the provisions of this article shall be subject to a forfeiture in an amount as specified by the Village Board from time to time or such other forfeiture and costs as may be assessed under § 17-18 of the Municipal Code. Each day a violation exists shall constitute a separate offense.
H. 
Compliance with the provisions of this article 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 Appeals. The Board of Appeals pursuant to § 61.354(4)(b), Wis. Stats.:
(1) 
Shall hear and decide appeals when it is alleged that there is error in any order, decision or determination made by the Public Works Director or designee in administering this article, except for cease-and-desist orders obtained under § 11-35B;
(2) 
May authorize, upon appeal, variances from the provisions of this article that are not contrary to the public interest and when owing to special conditions a literal enforcement of the provisions of the ordinance 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 Appeals may be taken by any aggrieved person or by any office, department, board, or bureau of the Village of Whitefish Bay affected by any decision of the Public Works Director or designee.