ORD1997917COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #917
AN ORDINANCE TO AMEND CHAPTER 29, SECTIONS 29.03 AND 29.09 (1)
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Erosion Control)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WAUKESHA COUNTY,
WISCONSIN, DO ORDAIN AS FOLLOWS:
SECTION 1: Chapter 29, Section 29.03 of the Municipal Code of the
City of Muskego, Wisconsin, is hereby amended to add the
following:
29.03 Definitions
(4.5) DISTURBED CONDITION. A condition resulting from Land Disturbing Activities as defined in 29.03 (9).
SECTION 2: Chapter 29, Section 29.09 (1) is hereby amended to read as
follows:
29.09 Violations
(1) of the premises, who violates, disobeys, omits,
PENALTY. Any person, either the owner or the occupant
neglects or refuses to comply with or resists the
enforcement of any of the provisions of this chapter,
shall be subject to a forfeiture of not less than $100
nor more than $1,000 plus the costs of prosectuion for
each violation. Each day that a violation exists or
continues shall constitute a separate offense. Once
of any provision of this chapter, each day that a land disturbing activities are performed in violation
DISTURBED CONDITION exists without benefit of proper
erosion control measures as required by BEST
MANAGEMENT PRACTICES, shall constitute a separate
offense and shall be subject to a forfeiture of not
that said condition continues to exist. The City may
less than $100.00 nor more than $1,000.00 for each day
also seek an order to restore the property to the
condition required by this chapter.
Note: For purposes of establishing days of violation,
all calendar days, including weekends and holidays
compliance is achieved. "WORK DAY" is intended to
shall be counted as separate violations until
help establish a time frame for compliance prior to
the issuance of a citation and shall not be utilized
when determining total days of violation.
SECTION 3: The several sections of this ordinance are declared to be
decision of a court of competent jurisdiction to be invalid, unlawful,
severable. If any section or portion thereof shall be declared by a
or unenforceable, such decision shall apply only to the specific
Ordinance #917
a.
..
-5 .. i
section or portion thereof directly specified in the decision, and not
Any other ordinance whose terms are in conflict with the provisions of
thereof of the ordinance which shall remain in full force and effect.
this ordinance are hereby repealed as to those terms that conflict.
SECTION 4: This ordinance shall be in full force and effect from and
after its passage and publication.
affect the validity of all other provisions, sections, or portion
PASSED AND APPROVED THIS 11th DAY OF FEBRUARY ,
ATTEST: /7 LbdK ” k-Treasurer
Published on the 20th day
of February, 1997.
1197 jmb
STATE OF WISCONSIN 1
Milwaukee County
) ss.
TER 29, SECTIONS 29.03 AND 29.09 (1)
OF THE MUNICIPAL CODE OF THE
CITY OF MUSKEGO (Erosion Control)
THE COMMON~COUNCIL OFTHE CITY
OF MUSKEGO, WAUKESHA COUNTY,
WISCONSIN, DO ORDAIN AS FOLLOWS
the Municipal Code of the Cityof Muskego,
SECTI0N'I:'Chipter 29, Section 29.03 of
Wisconsin, is hereby amended to add the fol-
lowing.
29.03 Definitiolllj
(4.5)DISTURBED.CONDITION. A condi-
Activities aa defined in 29.03 (9).
tion resulting from Land Disturbing
SECTION 2,Chaoter 29:Seetion 29.09 (1)
is hereby amended.io read'as follows:
2~.09.~01ntions
(1) PENALTY &,person, either the
owner or'theoccupant 6f the premises, who
to comply with br.risista the eriforcemett of
viaIatesl.~isobey~,.omits. neglects or refuses
subject to a.forfeitire'of.not less than $100
any ofthe provisions offfiis chapter, shall be
ecutiom for each ';iolation. Each day-that a
nor more thaii $1 000 plus the costs.of pros-
violation exists-or continues shall Constitute
i. separate-offensd. Once land disturbing
activities are performed in violation of any
provision of.thjs chapter, each day that a
DISTURBED CONDITION'exists .without
benefitdfbioper erasion control measures as
TICESrshall !constitute a separate 'offense
required. by BEST MANAGEMENT PRAC-
~a.sh~llbesubje~t,to~a.forfeiture of not less
thah$lOO.OO-~noi more than $1,000.00 for
each day. that.said condition continues to
kist: The City may also seek-an order to
regtore the property to the condition
required by this chapter.
Note: Foi:purposes of establishing days of
vi~8tionjJll.e~lendar days, including week-
ends and hdidays,shall~be count$.as,sepa:
rate violationsuntil complidi%iiXdi&ed.
time frame for
"WORK DAKis inteh$erltPholpeatablish a.
nc6 prior to the
issuance of a cita d.shall not be uti-
lized iRhen'dete~a~g'tnt$ day8 of viola-
tion. SECTION,.3: The several sgtipps. f hi- oidi&mceii~e:d.eclGdfd6e s&&@&&
.*
se&-z:&,&P.~~~""-
Judith Ziolltowslci being duly sworn,
dolh depose and say that lie is an authorized representative of
The .. .MUSKEGO. SUN. .. .............
a newspaper published al . M.u.SKEG? ...........
Wisconsin and lhat an adveilisenlent of which the annexed is a
true copy, laken from said paper, was published therein on
....
..
....
...........
... . !.
.... ....
Subscribed qnd sworn lo before [me this db&. .... day
I,? 41? . .
sage and publication. Passed .and approved this 11th day Of
Februarv. 1997. Ai'PRO~D
Id David L. DeAngelis, Mayor
ATTEST:
Id Jean K Marenda, Clerkfhasurer
0 Memorandum
DATE: December 4, 1996
TO: Public Services Committee
FROM: Chuck Dykstra Sr - Director Bldg Dept. 0
RE: Proposed revisions to Erosion Ordinance
(Updated from Nov. 27,1996 proposal)
29.09 VIOLATIONS
(1) PENALTY Any person, either the owner or the occupant of the premises, who violates,
disobeys, omits, neglects or rehses to comply with or resists the enforcement of any of the
provisions of this chapter, shall be subject to a forfeiture of not less than $100 nor more than
$1,000 plus the costs of prosecution for each violation. Each day that a violation exists or
continues shall constitute a separate offense. Once land disturbing activities are oerformed in
violation of any orovision of this chaDter. each dav that a DISTURBED CONDITION exists
without benefit of DroDer erosion control measures as reauired bv BEST MANAGEMENT
PRACTICES. shall constitute a separate offense and shall be subiect to a forfeiture of not less
than $100.00 nor more than $1,000.00 for each day that said condition continues to exist. The
City may also seek an order to restore the property to the condition required by this chapter,
Note: For purposes of establishing days ofviolation, all calendar days, including weekends and
holidays shall be counted as separate violations until compliance is achieved. "WORK DAY" is
intended to help establish a time frame for compliance prior to the issuance of a citation and shall
not be utilized when determiniig total days of violation.
The following definition shall be added to 29.03 DEFINITIONS:
(4.5) DISTURBED CONDITION A condition resulting from LAND DISTURBING
ACTIVITIES as defined in 29.03 19).
The following text is provided for reference only:
29.03 (9) LAND DISTURBING ACTMTES Any land alterations or disturbances which
may result in soil erosion, sedimentation andor the increase in runoff, including, but not limited
to, removal of ground cover, grading, excavation, demolition and filling of land, except that the
term shall not include such minor land-disturbing activities such as growing and tending of
gardens and repair and maintenance of private driveways. Additionally, this term does not include
agricultural land uses such as planting, growing, cultivation and harvesting of crops.