City of Onalaska, WI Enforcement and Penalties

Service of notices. Whenever the Inspection Department determines that there has been a violation, or that there are reasonable grounds to believe that there has been a violation, of any provision of this chapter or of any rule or regulation adopted pursuant thereto, the Inspection Department shall give notice of such violation or alleged violation to the person or persons responsible therefor. Such notice shall:

Be written;

Include a description of the real estate sufficient for identification;

Include a statement of the reason(s) why it is being issued;

Allow for a reasonable time for the performance of any act required; and

Be served upon the owner, owner's agent, or the occupant, as the case may require. Such notice shall be deemed properly served upon such owner or occupant if a copy thereof is delivered to him/her personally; or by leaving a copy thereof at his/her usual place of abode, in the presence of a family member of suitable age and discretion who shall be informed of the content thereof; or by sending a copy thereof by first class or certified mail, with return receipt requested to his/her last-known address; or, if the mailed copy is returned with a receipt showing that it was not delivered to the intended recipient, by posting a copy thereof in a conspicuous place in or about the dwelling affected by the notice. Such notice may contain an outline of remedial action which, if taken, will effect compliance with the provisions of this chapter and with rules and regulations adopted pursuant thereto.

Enforcement: notices, orders and hearings. Any person affected by any notice issued in connection with the enforcement of any provision of this chapter or of any rule or regulation adopted pursuant thereto may request, in writing, and shall be granted, a hearing before the Board of Zoning Appeals on the matter. Any request shall set forth the grounds therefor, shall be filed within 20 days after the day the notice was served and shall be accompanied by a filing fee as set forth on the City's Fee Schedule.[1] Within 10 days of receiving such request, the Inspection Department shall set a time and place for such hearing and shall give the petitioner written notice thereof and an opportunity to be heard.

[1]

Editor's Note: The current Fee Schedule is on file in the City offices.

Exception. The appeals process set forth in this subsection does not apply to citations or to convictions for offenses cited.

Board of Zoning Appeals to sustain, modify or withdraw notices. After such hearing, the Board of Zoning Appeals shall sustain, modify, or withdraw the notice, depending upon their finding as to whether the provisions of this chapter and of the rules and regulations adopted pursuant thereto have been complied with. The Board shall be guided by a policy of reasonable compliance in order to promote the public health and may, at its discretion, permit exceptions to provisions of this chapter so long as such exceptions are not contrary to the spirit of the chapter as a whole. The proceedings at such hearing, including the findings and decision of the Board, shall be summarized, reduced to writing and entered as a matter of public record in the office of the City Clerk. Such record shall also include a copy of every notice or order issued in connection with the matter. Any person aggrieved by the decision of the Board may seek relief therefrom in any court of competent jurisdiction as provided by the laws of this state.

Adoption of rules and regulations by Inspection Department. The Inspection Department is hereby authorized and empowered to make and adopt written rules and regulations necessary for the proper enforcement of the provisions of this chapter. Such rules and regulations shall be submitted by said Inspection Department, after consultation with the City Attorney, to the Common Council and, if approved by a vote of a majority of the members thereof, shall have the same force and effect as the provisions of this chapter, and the penalty for violation thereof shall be the same as the penalty for violation of the provisions of this chapter, as hereinafter provided. A copy of such rules and regulations shall be kept on file in the City Clerk's office and in the Inspection Department.