Any building or structure hereinafter erected, moved or any
use hereinafter established in violation of the provisions of this
chapter by any person, firm, association, corporation (including building
contractors or their agent), shall be deemed an unlawful structure
or use.
It shall be the duty of the Zoning Administrator, acting under
the supervision of the Officer and Zoning Committee, to enforce the
provisions of this chapter. The Zoning Administrator is hereby delegated
authority to enforce the provisions of this chapter, including the
power to delegate these duties to subordinates, inspect private premises,
issue orders for abatement and take action to abate violations of
this chapter.
Whenever, in the judgment of the Zoning Administrator, it is
determined that a violation of the provisions of this chapter is being
committed, exists, or is being maintained in the County, that officer
may issue a written order of abatement ordering the person committing
or maintaining said violation to cease and desist, remove the conditions,
or remedy the defects creating the violation. The order for abatement
shall include the following information:
A. The name and address of the owner, operator and or occupant and description
of the real estate involved.
B. The nature of the violation and the steps necessary to abate or correct
it.
C. The time period in which the violation must be corrected and/or abated,
which will be no less than five days and not more than 30 days, depending
on the nature of the violation. Allowance for limited extension of
this time period may be permitted if warranted by extenuating circumstances
as determined by the Zoning Administrator.
D. The order of abatement shall be served upon the person committing
or maintaining the zoning violation by either certified mail or registered
mail, or in the manner set forth for service of a summons in Chapter
801, Wis. Stats. If the premises are not occupied and the address
of the owner is unknown and cannot be determined with due diligence,
service on the owner may be accomplished by posting a copy of the
order of abatement in a prominent place on the premises. The order
of abatement shall require the owner or occupant of such premises,
or both, to take reasonable steps within a reasonable period of time
to abate and remove the zoning violation. Whenever an investigation
hereunder involves a search of private premises and the owner or other
person having equal rights to the use and occupancy thereof does not
consent thereto, and absent any exception to the warrant requirement,
that officer shall apply to the Circuit Court of the County for a
special inspection warrant pursuant to § 66.0119, Wis. Stats.
In cases where a violation poses an immediate risk of public health or safety as determined by the Zoning Administrator or in the case of repeated occurrences of the same violation by the same person, the violator shall be considered to be in noncompliance and subject to immediate action under §
391-33 of this chapter, without issuance of a written abatement order.
Where zoning violations as defined in this chapter or in the Wisconsin Statutes are encountered on private property which require ordered abatement and/or correction, the Zoning Administrator shall serve on the responsible person a written court order as per §
391-29 of this section. If the violation is not abated and/or corrected within the time period specified in the order, the Zoning Administrator may enter upon the property and abate and/or correct the violation or cause such action to be taken. The cost of such abatement and/or correction is to be recovered either directly from the responsible party or as a special tax assessment on the property.
Where a zoning violation involves noncompliance with a federal
or state-enforced statute or administrative code, the Zoning Administrator
may refer the complaint to the appropriate agency for abatement and/or
correction in lieu of, or in addition to an enforcement action under
this chapter. If the violation continues without adequate enforcement
from the federal or state agency to cause abatement and/or correction,
then the Zoning Administrator or his/her designee shall initiate action
under this section to bring about proper abatement and/or corrections.
If the owner of a POWTS, holding tank or non-plumbing sanitation
system fails to have his or her system properly serviced in accordance
with the Adams County Mandatory Management and Maintenance Program
in response to orders issued by the Adams County Planning and Zoning
Department to prevent or abate a human health hazard as described
in § 254.59, Wis. Stats., the County may enter upon the
property and cause to have the servicing performed and place the actual
costs of such servicing on the property tax bill as a special charge
for current services rendered, as prescribed by § 66.0627,
Wis. Stats.