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If the violation has not been corrected pursuant to the requirements set<br />

forth in the Notice of Violation, or, in the event of an appeal, the<br />

appropriate authority upheld the decision of the <strong>Public</strong> <strong>Works</strong><br />

Department, then representatives of the <strong>Public</strong> <strong>Works</strong> Department may<br />

issue a notice of intent to the responsible party of its intent to<br />

perform work necessary to comply with this ordinance. The <strong>Public</strong> <strong>Works</strong><br />

Department may go on the land and commence the work after issuing the<br />

notice of intent. The <strong>Public</strong> <strong>Works</strong> Department is authorized to seek<br />

costs of abatement as outlined in Section 16. It shall be unlawful for<br />

any person, owner, agent or person in possession of any premises to<br />

refuse to allow the government agency or designated contractor to enter<br />

upon the premises for the purposes set forth above.<br />

P. Cost of Abatement of the Violation<br />

The costs of the work performed by the <strong>Public</strong> <strong>Works</strong> Department pursuant<br />

to this ordinance, plus interest at the rate authorized by the <strong>Public</strong><br />

<strong>Works</strong> Department shall be billed to the responsible party. In the event<br />

a responsible party fails to pay the amount due, the clerk shall enter<br />

the amount due on the tax rolls and collect as a special assessment<br />

against the property pursuant to subch. VII of ch. 66, Wis. Stats.<br />

Q. Violations Deemed a <strong>Public</strong> Nuisance<br />

Any condition in violation of any of the provisions of this ordinance<br />

and declared and deemed a nuisance, may be summarily abated or restored<br />

at the violator’s expense.<br />

R. Remedies Not Exclusive<br />

The remedies listed in this ordinance are not exclusive of any other<br />

remedies available under any applicable federal, state or local law and<br />

it is within the discretion of the <strong>Public</strong> <strong>Works</strong> Department to seek<br />

cumulative remedies.<br />

The <strong>Public</strong> <strong>Works</strong> Department may recover all attorney’s fees court costs<br />

and other expenses associated with enforcement of this ordinance,<br />

including sampling and monitoring expenses.<br />

6.0602 Construction Site Erosion Control Ordinance<br />

A. Authority<br />

1. This ordinance is adopted under the authority granted by s.<br />

62.234, Wis. Stats., for cities. This ordinance supersedes all<br />

provisions of an ordinance previously enacted under s. 62.23, Wis.<br />

Stats., that relate to construction site erosion control. Except<br />

as otherwise specified in s. 62.234 Wis. Stats., s. 62.23, Wis.<br />

Stats., applies to this ordinance and to any amendments to this<br />

ordinance.<br />

2. The provisions of this ordinance are deemed not to limit any<br />

other lawful regulatory powers of the same governing body.<br />

3. The City Council hereby designates the <strong>Public</strong> <strong>Works</strong> Department<br />

City of Marinette<br />

6-42<br />

Code of Ordinances

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