[Adopted 3-1-1993 by Ord.
No. 2-93 (§§ 21.14 through 21.19
of the 1993 Municipal Code)]
[Amended by Ord. No. 97-29]
The Board of Appeals shall have the following powers:
A.
To hear and decide appeals where it is alleged there is any error
in any order, requirement, decision or determination made by the Building
Inspector.
B.
To hear and decide special exceptions to the terms of this chapter
upon which the Board of Appeals is required to pass.
C.
To authorize, upon appeal in specific cases, such variance from the
terms of this chapter as will not be contrary to the public interest,
where owing to special conditions, a literal enforcement will result
in practical difficulty or unnecessary hardships, so that the spirit
of this chapter shall be observed, public safety and welfare secured
and substantial justice done.
D.
To reverse or affirm wholly or in part or to modify any order, requirement,
decision or determination appealed from and to make such order, requirements,
decision or determination as in its opinion ought to be made in the
premises and to that end shall have all the powers of the Building
Inspector. The concurring vote of four members of the Board of Appeals
shall be necessary to reverse any order, requirement, decision or
determination appealed from or to decide in favor of the applicant
on any matter on which it is required to pass to effect any variation
in the requirements of this chapter.
E.
To call on any other City department for assistance in the performance
of its duties, and it shall be the duty of such other departments
to render such assistance as may be reasonably required.
The City Council may from time to time on its own motion, amend,
supplement or change the regulations herein; such amendment, supplement
or change shall not become effective except by the favorable vote
of three-fourths of the members of the City Council.
It shall be the duty of the Building Inspector, with the aid
of the Police Department, to enforce the provisions of this chapter.
This chapter shall not be construed as assuming any liability
on the part of the City for damages to anyone injured or for any property
destroyed by any defect in any building equipment, or in any plumbing
or electric wiring or equipment.
A.
Any person, firm or corporation violating any provision of this chapter
shall forfeit not less than $25 nor 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 Rock County Jail until such forfeiture and costs are paid, but
not to exceed 90 days. Each day's continuance of any violation shall
constitute a separate 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 Building
Inspector constitute a defense.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
The imposition of one penalty for any violation of this chapter shall
not excuse the violation or permit it to continue, and all persons
on whom a penalty is imposed shall be required to correct or remedy
such violations or defects within a reasonable time, and when not
otherwise specified, each day that prohibited conditions are continued
shall constitute a separate offense.
C.
The application of the above penalty shall not be held to prevent
the enforced removal of prohibited conditions.
