§ 111-82. Enforcement, penalties and remedies.

(a)

Violations. It shall be unlawful to build upon, divide, convey, record or monument any land in violation of this chapter or the state statutes, and no person shall be issued a building permit by the city authorizing the building on, or improvement of, any subdivision, land division, certified survey, or replat with the jurisdiction of this chapter not of record as of the effective date of the ordinance from which this chapter derived, until the provisions and requirements of this chapter have been fully met. The city may institute appropriate actions or proceedings to enjoin violations of this chapter or the applicable state statutes.

(b)

Penalties.

(1)

Any person, firm or corporation who fails to comply with the provisions of this chapter shall, upon conviction thereof, forfeit no less than $50.00 nor more than $500.00 and the costs of prosecution for each violation. Each day a violation exists or continues shall constitute a separate offense.

(2)

Recordation improperly made has penalties provided in Wis. Stats. § 236.30.

(3)

Conveyance of lots in unrecorded plats has penalties provided for in Wis. Stats. § 236.31.

(4)

Monuments disturbed or not placed have penalties as provided for in Wis. Stats. § 236.32.

(5)

Assessor's plat made under Wis. Stats. § 70.27 may be ordered by the city at the expense of the subdivider when a subdivision is created by successive divisions.

(c)

Revocation of permits and/or approvals.

(1)

The city engineering department representative, director of public works or building inspector may revoke or suspend any permit or approval issued under the regulations of this chapter and may stop construction or use of approved materials, equipment, methods of construction, devices or appliances for any of the following reasons:

a.

Whenever the city engineering department representative shall find at any time that applicable ordinances, laws, orders, plans and specifications are not being complied with and that the subdivider or his contractor has refused to conform after written warning or instruction has been issued to him.

b.

Whenever the continuance of any construction becomes dangerous to life or property.

c.

Whenever there is any violation of any condition or provisions of the application for permit, or of the permit or of any approval.

d.

Whenever, in the opinion of the city engineering department representative, director of public works or building inspector, the subdivider has provided inadequate management of the project.

e.

Whenever any false statement or misrepresentation has been made in the application for permit, plans, drawings, data specifications or certified lot or plot plan on which the issuance of the permit or approval was based.

f.

Whenever there is a violation of any of the conditions of an approval or occupancy given by the city engineering department representative, director of public works or building inspector for the use of all materials, equipment, methods of construction, devices or appliances.

(2)

The notice revoking a permit or approval shall be in writing and may be served upon the applicant of the permit, owner of the premises and his agent, if any, and/or on the person having charge of construction.

(3)

A revocation placard shall also be posted upon the premises in question by the city engineering department representative, director of public works or building inspector.

(4)

After the notice is served upon the persons as aforesaid and posted, it shall be unlawful for any person to proceed thereafter with any construction operation whatsoever on the premises, and the permit which has been so revoked shall be null and void, and before any construction or operation is again resumed, a new permit, as required by this chapter, shall be procured and fees paid therefor, and thereafter the resumption of any construction or operation shall be in compliance with the regulation of this chapter. However, such work as the city engineering department representative, director of public works or building inspector may order as a condition precedent to the reissuance of the building permit may be performed, or such work as he may require for the preservation of life and safety.

(5)

Any appeals of such revocations or suspensions must be made in writing and within seven calendar days to the city clerk for consideration by the common council at its next regularly scheduled meeting; provided the appeal is filed not less than seven days prior to the meeting date.

(6)

The building inspector is hereby directed to withhold the issuance of building permits within the land division until compliance with the provisions of this chapter is obtained.

(7)

The building inspector is hereby directed to withhold the issuance of occupancy permits within the land division if violations of this chapter may result in health or safety problems for the occupants.

(d)

Appeals. Any person aggrieved by an objection to a plat or certified survey or a failure to approve a plat may appeal therefrom, as provided in Wis. Stats. §§ 236.13(5) and 62.23(7)(e)10, 14 and 15, within 30 days of notification of the rejection of the plat or certified survey. Where failure to approve is based on an unsatisfied objection, the agency making the objection shall be made a party to the action. The court may direct that the plat or certified survey be approved if it finds that the action of the approving or objecting agency is arbitrary, unreasonable or discriminatory.

(Code 1993, § 14-1-101)