A.
Any building or structure hereafter erected, enlarged, altered or
repaired or any use hereafter established in violation of the provisions
of the Building Code, the Electrical Code, Plumbing Code and Heating,
Ventilating and Air Conditioning Code (all included within the definition
of "this chapter" for purposes of this section), shall be deemed an
unlawful building, structure or use. The Inspection Department shall
promptly report all such violations to the City Attorney who shall
bring an action to enjoin the erection, enlargement, alteration, repair
or moving of such building or structure or the establishment of such
use of buildings in violation of this chapter or to cause such building,
structure or use to be removed and may also be subject to a penalty
as set forth below. Any person who fails to obtain a building permit
before starting construction shall be charged double the regular rate
for this late filing violation. In any such action, the fact that
a permit was issued shall not constitute a defense, nor shall any
error, oversight or dereliction of duty on the part of the Inspection
Department or other City officials constitute a defense. Compliance
with the provisions of this chapter may also be enforced by injunction
order at the suit of the owner or owners of any real estate within
the jurisdiction of this chapter.
1.
If an inspection reveals a noncompliance with this chapter or the
Uniform Dwelling Code, the Inspection Department shall notify the
applicant and the owner, electronically if allowed, otherwise in writing,
of the violation to be corrected. All cited violations shall be corrected
within 30 days after written notification unless an extension of time
is granted pursuant to § SPS 320.10(4) Wis. Adm. Code.
2.
If, after written notification, the violation is not corrected within
30 days, a stop-work order may be served on the owner or their representative
and a copy thereof shall be posted at the construction site. Such
stop-work order shall not be removed except by written notice of the
Inspection Department after satisfactory evidence has been supplied
that the cited violation has been corrected.
3.
Each day each violation continues after the thirty-day written notice
period has run shall constitute a separate offense. Nothing in this
chapter shall preclude the City from maintaining any appropriate action
to prevent or remove a violation of any provision of this chapter
or the Uniform Dwelling Code.
4.
If any construction or work governed by the provisions of this chapter
or the Uniform Dwelling Code is commenced prior to the issuance of
a permit, double fees shall be charged.
B.
Any person feeling aggrieved by an order or a determination of the
Inspection Department may appeal from such order or determination
to the Board of Zoning Appeals or as provided by state law. Those
procedures customarily used to effectuate an appeal to the Board of
Zoning Appeals shall apply.
C.
Except as may otherwise be provided by the statute or ordinance,
no officer, agent or employee of the City of Onalaska charged with
the enforcement of this chapter shall render themselves personally
liable for any damage that may accrue to persons or property as a
result of any act required or permitted in the discharge of his duties
under this chapter. Any suit brought against any officer, agent or
employee of the City as a result of any act required or permitted
in the discharge of his duties under this chapter shall be defended
by the legal representative of the City until the final determination
of the proceedings therein.
A.
If any section, clause, provision or portion of this chapter, or
of the Wisconsin Administrative Code adopted by reference, is adjudged
unconstitutional or invalid by a court of competent jurisdiction,
the remaining provisions shall not be affected.
A.
Forfeiture. Any person who violates any provision of
this chapter, or fails to comply with a lawful order of the Inspection
Department to correct a violation of this chapter, shall, upon conviction
of the violation, pay a forfeiture of not less than $100 and not more
than $500 for each violation, together with the costs of prosecution,
and, in default of payment of such forfeiture and costs of prosecution,
shall be imprisoned in the county jail until such forfeiture and costs
of prosecution are paid, but not exceeding 90 days for a first offense.
Each day of violation shall constitute a separate offense.
B.
Refusal to issue permits. No person may obtain permits
to do construction work in the City of Onalaska while that person
is failing or refusing to correct a violation after having been convicted
of that violation.
C.
Suspension or revocation of a permit. The Inspection
Department may revoke or suspend a permit if the Inspection Department
finds that the permit holder has:
D.
Action to enjoin. The City Attorney may, in addition
to or in lieu of other remedies provided by law, bring an action to
enjoin a person from committing repeated violations of this chapter.
