[HISTORY: Adopted by the Board of Supervisors of Grant County as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-18-2012 by Ord. No. 64]
Pursuant to § 66.0103, Wis. Stats., the ordinances of Grant County of a general and permanent nature adopted by the Board of Supervisors of Grant County, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 315, are hereby approved, adopted, ordained and enacted as the "Code of Grant County," hereinafter referred to as the "Code."
This ordinance and the Code shall supersede all other general and permanent ordinances enacted prior to the enactment of this Code, except such ordinances as are hereinafter expressly saved from repeal or continued in force.
The provisions of the Code, insofar as they are substantively the same as those of the ordinances in force immediately prior to the enactment of the Code by this ordinance, are intended as a continuation of such ordinances and not as new enactments, and the effectiveness of such provisions shall date from the date of adoption of the prior ordinances.
A copy of the Code, in loose-leaf form, has been filed in the office of the County Clerk and shall remain there for use and examination by the public for at least two weeks, in accordance with § 66.0103, Wis. Stats., and until final action is taken on this ordinance, and, if this ordinance shall be adopted, such copy shall be certified to by the County Clerk, and such certified copy shall remain on file in the office of said County Clerk to be made available to persons desiring to examine the same during all times while said Code is in effect.
Any and all additions, deletions, amendments or supplements to the Code, when adopted in such form as to indicate the intention of the Board of Supervisors to make them a part thereof, shall be deemed to be incorporated into such Code so that reference to the "Code of Grant County" shall be understood and intended to include such additions, deletions, amendments or supplements. Whenever such additions, deletions, amendments or supplements to the Code shall be adopted, they shall thereafter be printed and, as provided hereunder, inserted in the loose-leaf book containing said Code as amendments and supplements thereto.
The Clerk of Grant County, pursuant to law, shall cause to be published, in the manner required by law, a copy of this Adoption Ordinance. Sufficient copies of the Code shall be maintained in the office of the Clerk for inspection by the public at all times during regular office hours. The enactment and publication of this ordinance, coupled with the availability of a copy of the Code for inspection by the public, shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.
It shall be the duty of the County Clerk, or someone authorized and directed by the Clerk, to keep up-to-date the certified copy of the book containing the Code required to be filed in the Clerk's office for use by the public. All changes in said Code and all ordinances adopted subsequent to the effective date of this codification which shall be adopted specifically as part of the Code shall, when finally adopted, be included therein by reference until such changes or new ordinances are printed as supplements to said Code book, at which time such supplements shall be inserted therein.
Copies of the Code, or any chapter or portion of it, may be purchased from the Clerk or an authorized agent of the Clerk upon the payment of a fee to be set by the Board of Supervisors. The Clerk may also arrange for procedures for the periodic supplementation of the Code.
It shall be unlawful for anyone to improperly change or amend, by additions or deletions, any part or portion of the Code or to alter or tamper with such Code in any manner whatsoever which will cause the law of Grant County to be misrepresented thereby. Anyone violating this section or any part of this ordinance shall be subject, upon conviction, to a fine of not more than $500, in the discretion of the Judge imposing the same.
Each section of the Code and every part of each section is an independent section or part of a section, and the holding of any section or a part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other sections or parts thereof. If the application of any provision of this Code to any person or circumstance is held invalid, the application of such provision to other persons or circumstances shall not be affected thereby.
Each section of this ordinance is an independent section, and the holding of any section or part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other sections or parts thereof.
Repeal of inconsistent ordinances. Except as provided in § 1-13, Ordinances saved from repeal, below, all ordinances or parts ordinances inconsistent with the provisions contained in the Code adopted by this ordinance are hereby repealed as of the effective date of this ordinance; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of Grant County which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.
Repeal of specific ordinances. The Board of Supervisors of Grant County has determined that the following ordinances are no longer in effect and hereby specifically repeals the following legislation:
Ordinance No. 7, Elections, adopted December 28, 1971.Ordinance No. 7, Elections, adopted December 28, 1971.
Ordinance No. 16, Courthouse parking lot, adopted May 22, 1973.
Ordinance No. 2, Dance halls and public dances, adopted January 19, 1982.
Ordinance No. 23, Penalty on overdue taxes.
The adoption of this Code and the repeal of ordinances provided for in § 1-12 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
Any ordinance adopted subsequent to December 20, 2011.
Any right or liability established, accrued or incurred under any legislative provision prior to the effective date of this ordinance or any action or proceeding brought for the enforcement of such right or liability.
Any offense or act committed or done before the effective date of this ordinance in violation of any legislative provision or any penalty, punishment or forfeiture which may result therefrom.
Any prosecution, indictment, action, suit or other proceeding pending or any judgment rendered prior to the effective date of this ordinance brought pursuant to any legislative provision.
Any franchise, license, right, easement or privilege heretofore granted or conferred.
Any ordinance providing for the laying out, opening, altering, widening, relocating, straightening, establishing grade, changing name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, park or other public place or any portion thereof.
Any ordinance appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond or other instruments or evidence of the county's indebtedness.
Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract or obligation.
The levy or imposition of fees, taxes, assessments or charges.
The annexation or dedication of property or approval of preliminary or final subdivision plats.
Ordinances establishing bulkhead lines.
Ordinances providing for local improvements or assessing taxes or special assessments therefor.
All currently effective ordinances pertaining to the rate and manner of payment of salaries and compensation of officers and employees.
Any legislation relating to or establishing a pension plan or pension fund for employees.
The Floodplain Zoning Ordinance and all amendments thereto.
In compiling and preparing the ordinances for publication as the Code of Grant County, no changes in the meaning or intent of such ordinances have been made, except as provided for in Subsections B and C hereof. In addition, certain grammatical changes and other minor nonsubstantive changes were made in one or more of said pieces of legislation. It is the intention of the Board of Supervisors that all such changes be adopted as part of the Code as if the ordinances had been previously formally amended to read as such.
The following changes are made throughout the Code:
References to specific chapters and sections of the Wisconsin Statutes and Wisconsin Administrative Code are revised to reflect the numbering of the statutes and Administrative Code as of the publication of this Code.
References to the "County Planning Agency" are amended to read "Planning and Zoning Committee."
In addition, the amendments and/or additions as set forth in Schedule A attached hereto and made a part hereof are made herewith, to become effective upon the effective date of this ordinance. (Chapter and section number references are to the ordinances as they have been renumbered and appear in the Code.)
Editor's Note: In accordance with § 1-14C, the chapters, parts and sections which were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: “Amended (added, deleted) 12-18-2012 by Ord. No. 64.” Schedule A, which contains a complete description of all changes, is on file in the County offices.
This ordinance shall take effect upon passage and publication as required by law.
[Adopted 4-19-2011 by Ord. No. 59]
This article is enacted under the authority granted by §§ 59.02, 59.03, 59.04, 59.54 and 66.0113, Wis. Stats.
This article is adopted to authorize the use of citations for violation of Grant County ordinances administrated by the Grant County Zoning and Sanitation Department with the dominant aim to promote the public health, safety, convenience, general welfare and to protect the waters of the state.
This article shall be titled and referred to and cited as the "Grant County Zoning and Sanitation Department Citation Ordinance."
This article shall be applicable to the County of Grant, State of Wisconsin.
Should any portion of this article be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this article shall not be affected.
This article shall be effective after public hearing, adoption by the Grant County Board and publishing or posting as required by law and shall take affect the day following the date of publication.
The adoption and the authorization for use of a citation under this article shall not preclude the County of Grant from adopting any other ordinance or providing for the enforcement of any other law or ordinance relating to the same or any other matter.
The issuance of a citation or entry of a judgment for payment of forfeiture under this article shall not preclude the County of Grant from proceeding under any other ordinance or law relating to the same or any other matter.
The proceeding under any other ordinance or law relating to the same or any other matter shall not preclude the issuance of a citation under this article.
For the purpose of this article, the definitions and those contained in rules and regulations promulgated to the ordinances authorized by this article for the issuance of a citation shall apply. Other words shall be presumed to have their customary dictionary definition.
The issuance of a citation is hereby authorized for violations of the following Grant County ordinances:
Shoreland Zoning Ordinance.
If the existence of a violation to an ordinance administrated by the Grant County Zoning and Sanitation Department is confirmed, a written order will be issued specifying the action needed to correct the violation and the time period in which the violation must be corrected.
If a violator does not comply with a written order the violator may be subject to:
The issuance of an enforceable citation.
Commencement of legal action against the person seeking an injunction to abate the violation and/or correct the damage created by the violation.
If a violation is not corrected within the time period specified in the order, staff of the Grant County Zoning and Sanitation Department may enter upon the property and abate and/or correct the violation or cause such action to be taken. The cost of correction can be recovered by the County as a special tax assessment on the property.
The Grant County Zoning and Sanitation Administrator and Technician are hereby authorized to issue citations to persons or organizations, corporations, partnerships, or entities in violation of any provision of any ordinance applicable to this article.
The form of the citation shall be as prescribed in § 66.0113, Wis. Stats.
A citation and summons issued under this article can be served on a violator in person or by registered mail.
The forfeiture for a citation issued under this article shall be entered against the violator for not less than $50 and not to exceed $500 plus statutory court costs, assessments, surcharges and fees for a single violation. The forfeiture amount shall be set by and at the discretion of the Zoning and Sanitation Administrator or Technician based on the severity of hazard to the public health, safety, convenience, general welfare and the waters of the state.
If a violator is convicted of violating a provision of an ordinance authorized by this article, the payment of forfeiture cash deposits, statutory court costs, assessments, surcharges and fees shall be paid to the Grant County Clerk of Circuit Court. Receipts shall be given for deposits made. In default of the payment of forfeiture, the violator shall be imprisoned in the County jail for such time as the court deems fit but not to exceed 60 days and subject to payment of the forfeitures and statutory costs prior to the completion of the sentence. For forfeitures and citations, a separate offense shall be deemed committed during each ten-day period during which or upon which a given violation occurs or continues. In cases where the violation poses an immediate health hazard, this ten-day period can be reduced to 24 hours with a written notice of such reduction given to the violator.
Initiation of legal action shall be initiated against a violator as requested by the Zoning and Sanitation Administrator or Technician in concurrence with the Grant County District Attorney who shall be responsible for the handling of all court cases where a citation is issued pursuant to this article.