Full Text
Chapter 8.6, Page 141 8.6 DOUGLAS COUNTY CITATION ORDINANCE THE DOUGLAS COUNTY BOARD OF SUPERVISORS FOR THE COUNTY OF DOUGLAS DOES ORDAIN AS FOLLOWS: SECTION I. AUTHORITY This ordinance is adopted pursuant to authority of Sections 59.69, 87.30(2), and 66.0113, Wis. Stats. SECTION II. PURPOSE This ordinance is adopted for the purpose of enforcing the Douglas County Zoning, Shoreland Zoning, Private Sewage System, Subdivision Control, and Flood Plain Ordinance and for the further purpose of promoting the public health safety and general welfare. SECTION III. CITATIONS FOR VIOLATIONS AUTHORIZED A. Citations may be issued for violations of the Douglas County Zoning, Shoreland Zoning, Private Sewage System, Subdivision Control, and Flood Plain Ordinances. B. Any citation issued shall contain the following information: 1. Name and address of the alleged violator; 2. The factual allegations describing the alleged violation; 3. The time and place of the offense; 4. The section of the ordinance(s) violated; 5. A designation of the offense in such manner as can be readily understood by the person making a reasonable effort to do so; 6. The time at which the alleged violator may appear in court; 7. A statement which in essence informs the alleged violator: a. That the alleged violator may make a cash deposit of a specified amount to be mailed to a specified official within a specified time; ---PAGE BREAK--- Chapter 8.6, Page 142 b. That if the alleged violator makes such a deposit, he or she need not appear in court unless subsequently summoned; c. That if the alleged violator makes a cash deposit and does not appear in court, either he or she will be deemed to have tendered a plea of no contest and submitted to a forfeiture and a penalty assessment not to exceed the amount of the deposit, or will be summoned into court to answer the complaint if the court does not accept the plea of no contest; and d. That if the alleged violator does not make a cash deposit and does not appear in court at the time specified, an action may be commenced against the alleged violator to collect the forfeiture and the penalty assessment imposed by Section 757.05, Wis. Stats. 8. A direction that if the alleged violator elects to make a cash deposit, the alleged violator shall sign an appropriate statement which accompanies the citation to indicate that he or she read the statement required under paragraph 7 and shall send the signed statement with the cash deposit; and 9. Such other information as may be deemed necessary. C. Deposits 1. The following constitutes a schedule of cash deposits required for specified ordinance violations for which a citation may be issued, including the applicable penalty assessment imposed by Section 757.05, Wis. Stats. SCHEDULE OF DEPOSITS Each day a violation exists or continues shall constitute a separate offense. All court costs are additional. ZONING ORDINANCE: Starting construction without a county permit $100.00 Violation of setback or dimensional requirements $100.00 All other violations $100.00 ---PAGE BREAK--- Chapter 8.6, Page 143 SHORELAND ZONING ORDINANCE: All $100.00 PRIVATE SEWAGE SYSTEM ORDINANCE: Failure to obtain permit $100.00 Installation by non-licensed persons $100.00 All other violations $100.00 SUBDIVISION CONTROL ORDINANCE: All $100.00 FLOOD PLAIN ORDINANCE: All $100.00 2. Said deposits are payable to the Douglas County Clerk of Courts. The Clerk of Courts is directed to give written receipts for any cash deposited pursuant to this ordinance. SECTION IV. PERSONS AUTHORIZED TO ISSUE CITATIONS Citations under this ordinance may be issued by the Douglas County Zoning Administrator, the Assistant Zoning Administrator, the Douglas County Health Officer or the Environment Health Sanitarian II. SECTION V. RELATIONSHIP TO OTHER LAWS A. The adoption and authorization for use of a citation under this ordinance shall not preclude the Douglas County Board from adopting any other ordinance or providing for the enforcement of any other law or ordinance relating to the same or any other matter. B. The issuance of a citation under this ordinance shall not preclude the proceeding under any other ordinance or law relating to the same or any other matter including application for injunctive relief or such other legal remedies as may be deemed necessary. Proceeding under any ordinance or law relating to the same or any other matter shall not preclude the issuance of a citation under this section. ---PAGE BREAK--- Chapter 8.6, Page 144 SECTION VI. EFFECTIVE DATE This ordinance shall take effect and be in force upon its passage and publication as provided by law. Adopted by the Douglas County Board of Supervisors August 17, 1989. Amendments: November 15, 2007