28.100 Enforcement and Penalties.

(1) Any land development activity subject to this chapter and initiated after the effective date of the ordinance codified in this chapter by any person, firm, association, or business entity shall be deemed a violation unless conducted in accordance with the provisions contained herein.

(2) The Director of Public Works shall notify the applicant in writing of any noncomplying land development activity. The notice shall describe, at minimum, the nature of the violation, remedial actions needed to cure any identified deficiencies, a schedule for remedial actions, and additional enforcement action which may be taken.

(3) Upon receipt of written notification from the Director of Public Works, the applicant shall correct work, which does not comply with the stormwater management plan or other provisions of a permit, within 30 calendar days, or an alternate timetable acceptable to both the applicant and the Director of Public Works. The applicant shall make corrections as necessary to meet the specifications and schedule set forth by the Director of Public Works in the notice, and if no permit exists, shall first obtain a permit under the guidelines of this chapter.

(4) The Director of Public Works is authorized to post a stop work order on all land development activity in violation of this chapter, or to request the City Attorney to obtain a cease and desist order or injunctive relief.

(5) The Director of Public Works may revoke a permit issued under this chapter for noncompliance with ordinance provisions contained herein, and is authorized to cease approval of permits for other land development owned, brokered, operated or contracted to known violators.

(6) Any permit revocation, stop work order, or cease and desist order shall remain in effect unless retracted by the Director of Public Works, or by a court of competent jurisdiction.

(7) The Director of Public Works is authorized to refer any violation of this chapter to the City’s Attorney for the commencement of appropriate legal proceedings.

(8) Any applicant, which does not comply with the provisions of this chapter, shall be subject to a daily forfeiture of not less than $500.00 nor more than $5,000 per offense, together with the costs of prosecution. Each day that the violation exists shall constitute a separate offense.

(9) Every violation of this chapter shall be considered a public nuisance. Compliance with this chapter may be enforced by injunctional order at the suit of the City pursuant to Wis. Stat. § 62.23(8). It shall not be necessary to prosecute for forfeiture before resorting to injunctional proceedings.

(10) When the Director of Public Works determines that applicant has failed to follow practices set forth in the approved stormwater management plan, or has failed to comply with schedules set forth in said stormwater management plan, the Director of Public Works may enter upon the applicant’s land and perform the work or other operations necessary to bring the condition of said lands into conformance with requirements of the approved plan. The Director of Public Works shall keep a detailed accounting of the costs and expenses of performing any work. These costs and expenses shall be drawn and paid from any security instrument pursuant to MMC 28.070. Where such a security instrument has not been established, or where such a security instrument is insufficient to cover these costs, the unpaid costs and expenses shall be entered on the tax roll as a special charge against the property and collected with any other taxes levied thereon for the year in which the work is completed.

[Ord. 08-522 §§ 26, 27, 2008. Prior code § 28.10]