(a) Violations. Any building or structure in the Village of Edgar erected, enlarged, repaired, altered, or any use hereafter established in violation of the provisions of this Chapter shall be deemed an unlawful building, structure or use. The UDC-Certified Building Inspector, or designated Village official or employee, shall promptly report all such violations to the Village Board and Village Attorney who shall bring an action to enjoin the erection, enlargement, alteration, repair or moving of such building or structure or the establishment of such use of buildings in violation of this Chapter or to cause such building, structure or use to be removed. Persons in violation of this Chapter are subject to the penalties as provided herein in Subsection (e) and the additional applicable penalty provisions of Section 1-1-6 of this Code of Ordinances, whichever are more restrictive. In any such enforcement actions, the fact that a permit was issued shall not constitute a defense nor shall any error, oversight, or dereliction of duty on the part of the UDC-Certified Building Inspector or other Village officials or employees constitute a defense. Compliance with the provisions of this Chapter may also be enforced by injunctional order against the owner(s) of any real estate within the jurisdiction of the Village of Edgar.
(b) Compliance; Stop-Work Orders; Double Permit Fees for Proceeding Without Required Permit.
(1) Notice of Noncompliance.
If an inspection reveals a noncompliance with this Chapter or the Wisconsin Uniform Dwelling Code, the UDC-Certified Building Inspector shall notify, in writing, the building permit applicant and, if different, the property owner of the violation to be corrected. All cited violations shall be corrected after written notification within the time period designated by the UDC-Certified Building Inspector unless an extension of time is granted by the UDC-Certified Building Inspector, or by the designated Village official or employee in the case of non-UDC situations.
(2) Stop-Work Orders.
If, after written notification, the violation is not corrected the time period designated by the UDC-Certified Building Inspector in his/her notice, or by the designated Village official or employee in the case of non-UDC situations, a stop- work order may be served on the owner or his/her representative and a copy thereof shall be posted at the construction site. Such stop-work order shall not be removed except by written from the UDC-Certified Building Inspector after satisfactory evidence has been supplied that the cited violation has been corrected.
(3) Each Day A Separate Offense.
Each day a violation continues after the written notice period has run shall constitute a separate offense. Nothing in this Chapter shall preclude the Village of Edgar from maintaining any appropriate action to prevent or remove a violation of any provision of this Chapter or the Wisconsin Uniform Dwelling Code.
(4) Double Permit Fees for Proceeding Without Required Permit.
If any construction or work governed by the provisions of this Chapter, the Wisconsin Uniform Dwelling Code, or other applicable state or local codes and/or ordinances adopted and incorporated by reference into this Chapter is commenced prior to the issuance of a permit, double fees shall be charged; this shall be in addition to any other penalties, including, but not limited to, the issuance of a citation..
(c) Appeals.
(1) Uniform Dwelling Code Appeals.
Any person feeling aggrieved by an order or determination of the UDC Certified Building Inspector on a matter governed by the Wisconsin Uniform Dwelling Code (UDC) may only appeal such an order to the Wisconsin Department of Safety and Professional Services (SPS) for a Wisconsin Uniform Dwelling Code interpretation.
(2) Village Board of Appeals Non-UDC Appeals/Review.
Any person feeling aggrieved by an order or determination of the UDC-Certified Building Inspector and/or other designated Village official or employee administering this Chapter may appeal from such non-UDC order or determination to the Board of Appeals. Those procedures customarily used to effectuate an appeal to the Board of Appeals shall be applicable.
(d) Liability. Except as otherwise may be provided by the Wisconsin Statutes or by Village ordinance, no officer, agent or employee of the Village of Edgar responsible for the enforcement of this Chapter shall render himself/herself personally liable for any damages that may accrue to persons or property as a result of any act required or permitted in the discharge of his/her duties under this Chapter. Any suit brought against any officer, agent or employee of the Village of Edgar as a result of any act required or permitted in the discharge of his/her duties under this Chapter shall be defended by the legal counsel of the Village until the final determination of the proceedings therein.
(e) Penalties. Notwithstanding anything to the contrary under Title 15 of the Village of Edgar Code of Ordinances, any person or party that performs any type of work without the required permit or violates any part of Title 15 of this Code of Ordinances shall be issued a citation by a Village enforcement official or employee. A first offense shall be subject to a forfeiture of One Hundred Dollars ($100.00). Second and all subsequent offenses shall be subject to a forfeiture of Two Hundred and Fifty Dollars ($250.00). In addition, a party in violation may be subject to additional enforcement actions pursuant to Subsections (a) and (b) above. Each day that the property or any person or party is in violation of Title 15 of this Code of Ordinances shall constitute a distinct and separate offense.