(a) Any building or structure hereafter erected, enlarged, altered, or repaired or any use hereafter established in violation of the provisions of this chapter shall be deemed an unlawful building, structure, or use. The Building Inspector 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, and may also be subject to a penalty as provided in general penalty provisions of the code of ordinances. In any such action, 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 Building Inspector or other village officials constitute a defense. Compliance with the provisions of this chapter may also be enforced by injunctional order at the suit of the owner or owners of any real estate within the jurisdiction of this chapter.
(b) (1) If an inspection reveals a noncompliance with this chapter or the Uniform Dwelling Code, the Building Inspector shall notify the applicant and the owner, in writing, of the violation to be corrected. All cited violations shall be corrected within 30 days after written notification unless an extension of time is granted pursuant to Wis. Admin. Code, Chapters SPS 320.
(2) If, after written notification, the violation is not corrected within 30 days, a stop-work order may be served on the owner, or his or her representative, and a copy thereof shall be posted at the construction site. Such stop-work order shall not be removed except by written notice of the Building Inspector after satisfactory evidence has been supplied that the cited violation has been corrected.
(3) Each day each violation continues after the 30 day written notice period has run shall constitute a separate offense. Nothing in this chapter shall preclude the village from maintaining any appropriate action to prevent or remove a violation of any provision of this chapter or the Uniform Dwelling Code.
(4) If any construction or work governed by the provisions of this chapter or the Uniform Dwelling Code is commenced prior to the issuance of a permit, double fees shall be charged.
(c) Any person feeling aggrieved by an order or a determination of the Building Inspector may appeal from such order or determination to the Board of Appeals. Those procedures customarily used to effectuate an appeal to the Board of Appeals shall apply.
(d) The Village Attorney or other attorney hired by the village or the village’s insurance carrier shall defend any officer, agent, or employee of the village in any lawsuit brought against said individuals as a result of any action required to be performed or permitted to be performed by said officer, agent, or employee in the discharge of his or her duties under this chapter. The village shall not be required to defend any officer, agent, or employee who engages in activities outside the scope of his or her employment or activities not required or permitted in the discharge of his or her duties under this chapter. The village shall indemnify any officer, agent, or employee of the village who is required by a court order to pay damages if said damages are determined by said court to have resulted from actions by said officer, agent, or employee which are required or permitted under the village code in the discharge of said individual’s duties. The village shall not indemnify any officer, agent, or employee whose actions are determined by said court to be outside the scope of employment or determined to be both not required and not permitted in the discharge of his or her duties.
(Prior Code, § 15-1-16)