17.21.010 Notice of Violation.
P&D shall notify the permit holder of any violation in writing, and copy any other known responsible party involved in the violation. The written notice shall be hand delivered to the permit holder or sent to the last known address, with a reasonable attempt to verify that the permit holder received it. The notice shall describe the violation, remedial action(s) needed and a schedule for all remedial action to be completed. Any enforcement measures shall continue until compliance is achieved or as ordered by the court. P&D is authorized to use the following methods of enforcement in any combination thereof against any applicant or responsible party that is found to be in violation of any provision of this ordinance.
(a) Forfeiture. Any violator shall be subject to a forfeiture of not less than $100 or more than $1000 plus the cost of prosecution for each violation. Each day that a violation exists shall constitute a separate offense.
(b) Stop Work Order. Any violator is subject to an order to stop all work except that which is needed as a corrective action to bring the site into compliance.
(c) Permit Revocation. P&D may revoke a permit issued under this ordinance. Upon loss of the permit, all construction shall cease and the site shall be stabilized, with any costs incurred to be charged against the financial assurance.
(d) Injunction (Corporation Counsel). The County, or any person affected by activities regulated under this ordinance, may enforce the provisions of this ordinance by a temporary restraining order, injunction and other such relief as a court may order.
(e) Emergency Action. P&D may enter upon the property and take any necessary emergency action if P&D determines that the site in violation is an immediate threat to public health, safety, welfare, the environment or downstream property, or if the permit holder or other violator refuses to take the corrective action as ordered by P&D. Any cost incurred by P&D as a result of this action shall be billed to the permit holder or other responsible party or subtracted from the financial assurance. P&D shall provide reasonable notice to the permit holder and other responsible party after exercising this authority.
(f) Citation. The County elects to also use the citation method of enforcement under Section 66 of the Wisconsin Statutes for violations of this ordinance, including those for which a statutory counterpart exists. The procedures contained in Section 66.0113(3) of the Wisconsin Statutes, relating to the options of an alleged violator and default are adopted and incorporated herein by reference.
1. Authority to issue a citation under this ordinance shall be limited to the Director of P&D, Zoning Administrator, or authorized agent. The authority delegated to such official or employees to issue citations may only be granted or revoked by the County Board. This subsection does not preclude the County or any authorized officer from proceeding under any other ordinance or law or by any other enforcement method to enforce any ordinance regulation or order.
2. The schedule of Cash Deposits for violations charged by a citation under Section 17.21-1(f) of this chapter. The cash deposit for the violation of any section or subsection of this ordinance shall be one thousand dollars ($1000.00). In addition, upon conviction, any person who has been found to have acted in violation of any of the above sections shall be liable for the costs of prosecution including court costs and reasonable attorney fees; and in default of payment of such forfeiture and costs shall be imprisoned in the county jail until payment thereof, but not exceeding thirty (30) days. Repeat Offenses of a similar nature within a twelve (12) month period shall require a cash deposit of two thousand five hundred dollars ($2500.00) for a second offense and for a third offense of a similar nature within a twelve (12) month period, the cash deposit shall be five thousand dollars ($5000.00). [Code § 17.21-1.]