§ 27-113. Enforcement.

(1)

Any land disturbing construction activity or post-construction runoff initiated after the effective date of this article by any person, firm, association, or corporation subject to the ordinance provisions shall be deemed a violation unless conducted in accordance with the requirements of this chapter.

(2)

The Fond du Lac County Land and Water Conservation Department shall notify the responsible party by certified mail of any non-complying land disturbing construction activity or post-construction runoff. The notice shall describe the nature of the violation, remedial actions needed, a schedule for remedial action, and additional enforcement action which may be taken.

(3)

Upon receipt of written notification from the Fond du Lac County Land and Water Conservation Department under sub. (2), the responsible party shall correct work that does not comply with the stormwater management plan or other provisions of this permit. The responsible party shall make corrections as necessary to meet the specifications and schedule set forth by the Fond du Lac County Land and Water Conservation Department in the notice.

(4)

If the violations to a permit issued pursuant to this chapter are likely to result in damage to properties, public facilities, or waters of the state, the Fond du Lac County Land and Water Conservation Department may enter the land and take emergency actions necessary to prevent such damage. The costs incurred by the Fond du Lac County Land and Water Conservation Department plus interest and legal costs shall be billed to the responsible party.

(5)

The Fond du Lac County Land and Water Conservation Department is authorized to post a stop work order on all land disturbing construction activity that is in violation of this chapter, or to request the corporation counsel to obtain a cease and desist order in any court with jurisdiction.

(6)

The Fond du Lac County Land and Water Conservation Department may revoke a permit issued under this chapter for non-compliance with ordinance provisions.

(7)

Any permit revocation, stop work order, or cease and desist order shall remain in effect unless retracted by the Fond du Lac County Land and Water Conservation Department or by a court with jurisdiction.

(8)

The Fond du Lac County Land and Water Conservation Department is authorized to refer any violation of this chapter, or of a stop work order or cease and desist order issued pursuant to this article, to the municipal attorney, corporation counsel for the commencement of further legal proceedings in any court with jurisdiction.

(9)

Any person, firm, association, or corporation who does not comply with the provisions of this chapter shall be subject to a forfeiture of not less than $100.00 or more than $500.00 per offense, together with the costs of prosecution. Each day that the violation exists shall constitute a separate offense.

(10)

Compliance with the provisions of this article 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.

Note to users: Injunctional orders are authorized pursuant to Wis. Stats. §§ 59.69(11), 61.35, or 62.23(8), for counties, villages and towns with village powers, and cities respectively.

(11)

When the Fond du Lac County Land and Water Conservation Department determines that the holder of a permit issued pursuant to this article has failed to follow practices set forth in the stormwater management plan, or has failed to comply with schedules set forth in said stormwater management plan, the Fond du Lac County Land and Water Conservation Department or a party designated by the Fond du Lac County Land and Water Conservation Department may enter upon the 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 Fond du Lac County Land and Water Conservation Department shall keep a detailed accounting of the costs and expenses of performing this work. These costs and expenses shall be deducted from any financial security posted pursuant to section 27-111 of this article. Where such a security has not been established, or where such a security is insufficient to cover these costs, the 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.

( Res. of 4-26-16 , Att.)