[HISTORY: Adopted by the Town Board of the Town of Cedarburg 1-2-1991
as Title 7, Ch. 15 of the 1991 Code. Amendments noted where applicable.]
A.
The purpose of this chapter is to prohibit dumping any
material on property in the Town of Cedarburg without the owner of the land
on whose property the material is to be dumped, or the person, firm or corporation
intending to dump material, obtaining a permit from the Town of Cedarburg.
The following definitions shall be applicable in this chapter:
To drop, spill, throw down or unload.
Physical or corporeal substances of which a thing is made or composed.
A.
No person, firm or corporation shall dump material on
any property in the Town of Cedarburg without first obtaining a permit for
dumping unless the material to be dumped is strictly soil, sand or gravel.
Application for said permit shall be made on a form prescribed by the Town
Administrator, which shall, among other things, list the property on which
said material is to be dumped; the exact location on the property where the
material is to be dumped; the material to be dumped; the amount of material
to be dumped; the elevation of the land before and after the dumping; the
period of time over which said dumping is to take place; the individual, firm
or corporation doing the dumping; and a plan to restore the property after
the material has been dumped.[1]
B.
The Town Board shall consider the material to be dumped;
the final restoration; the impact on the environment; the appearance of the
property before and after the dumping; and the effect on the surrounding properties.
C.
The dumping shall not be contrary to any rules, laws
or regulations of Ozaukee County, the Wisconsin Department of Natural Resources,
or the Corps of Engineers, Department of Defense.
D.
The permit shall be issued upon the affirmative vote
of a majority of the Town Board.
B.
Continued violations. Each violation and each day a violation
continues or occurs shall constitute a separate offense. Nothing in this chapter
shall preclude the Town from commencing any appropriate action to prevent
or remove a violation of this chapter.
C.
Execution against defendant's property. Whenever any
person fails to pay any forfeitures and costs of prosecution upon the order
of any court for violation of any ordinance of the Town, the court may, in
lieu of ordering imprisonment of the defendant, or after the defendant has
been released from custody, issue an execution against the property of the
defendant for such forfeitures and costs.
In addition to or as an alternative to the foregoing penalties, the
Town may order the dumped material to be removed from the property, and if
it is not so removed within 30 days from the date of the order, after notice
and hearing, the Town may remove the same, with the cost thereof and any incidental
damage levied as a special assessment against the property.