§ 23-26. Enforcement.

(a)

If land disturbing construction activities are occurring without a permit required by this chapter, the town engineer may enter the land pursuant to the provisions of Wis. Stats. §§ 66.0119(1), (2), and (3).

(b)

The Town of Ixonia may post a stop work order if any of the following occurs:

(1)

Land disturbing construction activity regulated under this chapter is occurring without a permit.

(2)

The erosion and sediment control plan is not being implemented in good faith.

(3)

The conditions of the permit are not being met. As a minimum, the town engineer may inspect any construction site once a month between March 1 and October 31, and 2 times between November 1 and February 28 to ensure compliance with the approved erosion and sediment control plan.

(c)

If the responsible party does not cease activity as required in a stop work order posted under this section or fails to comply with the erosion and sediment control plan or permit conditions, the Town of Ixonia may revoke the permit.

(d)

If the responsible party, where no permit has been issued or the permit has been revoked, does not cease the activity after being notified by the town engineer, or if a responsible party violates a stop work order posted under subsection (a), the town engineer may request the town attorney to obtain a cease-and-desist order in any court with jurisdiction.

(e)

The board of appeals may retract the stop work order issued under subsection (a) or the permit revocation under subsection (b).

(f)

After posting a stop work order under subsection (a), the town engineer may issue a notice of intent to the responsible party of its intent to perform work necessary to comply with this chapter. The town engineer may go on the land and commence the work after issuing the notice of intent. The costs of the work performed under this subsection by the town engineer, plus interest at the rate authorized by Town of Ixonia shall be billed to the responsible party. In the event a responsible party fails to pay the amount due, the clerk shall enter the amount due on the tax rolls and collect as a special assessment against the property pursuant to Wis. Stats. ch. 66, subch. VII.

(g)

Any person violating any of the provisions of this chapter shall be subject to a forfeiture of not less than $500.00 nor more than $1,000.00 dollars, and the costs of prosecution for each violation. Each day a violation exists shall constitute a separate offense.

(h)

Compliance with the provisions of this chapter may also be enforced by injunction in any court with jurisdiction. It shall not be necessary to prosecute for forfeiture or a cease-and-desist order before resorting to injunctional proceedings.

(Ord. No. 2017-01, 3-13-2017)