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Municipal Code

Chapter 25. Construction Site Erosion Control

Sec. 25-12. Enforcement
  (1) The Director of Public Works or his designee may post a stop‑work order if any of the following occurs:

(a) Any land disturbing construction activity regulated under this ordinance is being undertaken without a permit.

(b) The erosion and sediment control plan is not being implemented in a good faith manner.

(c) The conditions of the permit are not being met.

(2) 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 Director of Public Works or his designee may revoke the permit.

(3) If the responsible party, where no permit has been issued, does not cease the activity after being notified by the Director of Public Works or his designee, or if a responsible party violates a stop-work order posted under subsection (1) above, the Director of Public Works or his designee may request the City Attorney to obtain a cease and desist order in any court with jurisdiction.

(4) The Director of Public Works or his designee may retract the stop‑work order issued under subsection (1) above or the permit revocation under subsection (2) above.

(5) After posting a stop‑work order under subsection (1) above, the Director of Public Works or his designee may issue a notice of intent to the responsible party of its intent to perform work necessary to comply with this ordinance. The Director of Public Works or his designee may go on the land and commence the work after issuing the notice of intent.  The costs of the work performed by the Director of Public Works or his designee, plus interest at the rate authorized by the Common Council 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 subch. VII of ch. 66, Wis. Stats.

(6) Any person violating any of the provisions of this ordinance shall be subject to a forfeiture of billable damages plus a penalty as provided in Section 1-05 of the City of Marshfield Municipal Code, together with the costs of prosecution for each violation.  Each day a violation exists shall constitute a separate offense.

(7) Compliance with the provisions of this ordinance 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.