This chapter shall be administered and enforced by the Building Inspector of Village of Mishicot or designee. The Village may, through contract, secure the professional services of telecommunications consultants to assist Village staff in the implementation of this chapter. Such professional services include, but are not limited to, review and evaluation of permit applications, determination of compliance with existing and proposed federal regulations, minimization of the aesthetic impact, review of the technical data and expert testimony as needed.
If the Building Inspector or any authorized designee of such official shall find that any of the provisions of this chapter are being violated, they shall notify in writing the person responsible for the violation, specifying the nature of the violation and what corrective measures must be taken. The Building Inspector or other applicable official shall order discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures or of additions, alterations, or structural changes thereto; or discontinuance of any illegal work being done, or shall take any other action authorized by law to ensure compliance with or to prevent violation of the provisions of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Any person failing to take corrective action within a reasonable time after receiving written notice from the Building Inspection Department and any person operating a MWSF without a valid permit shall, upon conviction, be subject to a forfeiture not to exceed $1,000, together with the costs of prosecution, and in default of payment thereof shall be imprisoned for a period not to exceed 30 days or until such forfeiture and costs are paid. Each day such violation shall be permitted to exist shall constitute a separate offense.
The Board of Trustees shall set a fee, payable to the Village Building Inspection Department, to cover the necessary processing cost of all MWSF permits. The set fee shall be posted in the Building Inspection Department.
A.
Variances or appeals. The Village Board of Trustees shall set a fee, payable to the Village of Mishicot, Wisconsin, to cover the necessary administrative costs and advertising of each application for a variance or appeal. The set fee shall be posted in the Building Inspection Department office.
B.
Supplemental review. The Village reserves the right to require a supplemental review for any permit (Level I, II, III or IV) subject to the following:
(1)
Due to the complexity of the methodology or analysis required to review an application for a permit (Level I, II, III or IV), the Village may require the applicant to pay for a technical review by a third-party expert, the costs of which shall be borne by the applicant and be distinct from applicable permit fees payable to the Village. Schedules of current fees are listed in the Village Fee Schedule.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(2)
Based on the results of the expert review, the approving authority may require changes to the applicant's application or submittals.
(3)
The supplemental review may address any or all of the following:
(a)
The accuracy and completeness of the application and any accompanying documentation.
(b)
The applicability of analysis techniques and methodologies.
(c)
The validity of conclusions reached.
(d)
Whether the proposed communications facility complies with the applicable approval criteria set forth in this chapter.
(e)
Other items deemed by the Village to be relevant to determining whether a proposed MWSF complies with the provisions of this chapter.
Appeals from the enforcement and interpretation of this chapter and requests for variances shall be filed with the Building Inspector specifying the grounds thereof. The Building Inspector shall transmit to the Board of Trustees all applications and records pertaining to such appeals and variances. The Board of Trustees shall fix a thirty-day period for the hearing of appeals, giving notice to all participants by first-class mail. An appeal stays all proceedings in furtherance of the action appealed from unless the Building Inspector certifies to the Board of Trustees that, by reason of facts stated in the record, a stay would, in his opinion, cause imminent peril to life and/or property. In such a case proceedings shall not be stayed other than by an order from the Manitowac County Circuit Court.