[Adopted 6-21-1988 (Ch. 26 of the Grant County Ordinances); amended in its
entirety 4-19-2011 by Ord. No. 26]
No person shall erect, cause, create, continue, maintain or
permit any public health nuisance within the County. Any person who
shall erect, cause, create, continue, permit, or maintain such a public
health nuisance or who shall in any way aid or contribute to the causing
or maintenance thereof shall be guilty of a violation of this ordinance
and shall be liable for all costs and expenses attendant upon the
removal and correction of such a nuisance and to the penalties provided
within this ordinance.
It shall be the responsibility of the property owner to maintain
his or her property in a nuisance-free manner and also to be responsible
for the abatement and/or correction of any public health nuisance
that has been determined to exist on his or her property.
The term "public health nuisance" is defined in §
191-2 of this ordinance. More specifically, but not limited by enumeration, the following are public health nuisances:
A. Air pollution: the escape of excessive smoke, soot, cinders, acids,
fumes, gases, fly ash, industrial dust or other atmospheric pollutants
within the County that endanger the public health or create noncompliance
with applicable state or federal statutes or regulations. The burning
of domestic refuse or heating fuels shall be excluded from enforcement
under this subsection.
B. Noxious odors: any negligent use of property, substance or device
within the County which emits or causes any foul, offensive, noxious
or disagreeable odor deemed repulsive to the physical senses of ordinary
persons or to the public as a whole, but exclusive of those odors
common to ordinary and approved agricultural practices.
C. Unburied carcasses: having the carcass of any animal or fowl not
intended for human consumption or food which is not buried or otherwise
properly disposed of within a reasonable time period.
D. Manure: excessive accumulations of body wastes from any domestic
animal or fowl that are handled, stored, or disposed of in any manner
that creates a public health hazard, but exclusive of those wastes
common to ordinary and approved agricultural practices.
E. Toxic and hazardous materials: any chemical and/or biological material
that is stored, used, or disposed of in such quantity or manner that
it is or has the potential to create a public health hazard. Violations
of this subsection also must be immediately referred to the appropriate
county, state, and federal agencies by the Grant County Health Department.
F. Open dumps: the unauthorized disposal of any waste materials on private
or public lands in a manner not in compliance with the requirements
of Wisconsin Statutes or regulations.
G. Wastewater: the presence of wastewater or sewage effluent from buildings
seeping onto the ground surface or backing up into buildings and/or
running into a surface body of water and caused by a damaged or inadequately
maintained sewage system or private sewage lateral. This restriction
shall also apply to any wastewater or sewage effluent that is not
handled or disposed of in compliance with all County and state codes.
H. Holes or openings: any hole or opening caused by an improperly abandoned
cistern, septic system, dug or drilled well, foundation, mine shaft,
or tunnel and including any improperly abandoned, sealed, barricaded
or backfilled excavation for which no proper precautions (i.e., posting
and fending) to prevent entry have been taken.
I. Dilapidated buildings: all buildings or structures so old, dilapidated,
neglected or out of repair as to be dangerous, unsafe, unsanitary
or otherwise unfit for use and for which no appropriate precautions
(i.e., posting and fencing or closure of entryways) to prevent admittance
have been taken.
J. Food and breeding places for vermin, insects, etc.: accumulations
of decayed animal or vegetable matter, trash, rubbish, garbage, rotting
timber, bedding, packing materials, scrap metal, abandoned structures,
animal or human fecal matter, grass or weeds which are more than 10
inches high above the ground on any parcel or real estate which is
within 1,000 feet of a residence, or any other substance or condition
which promotes flies, mosquitoes, lice, disease-carrying insects,
rats or other vermin or their reproduction and including areas in
which such pests can live, nest or seek shelter. The above prohibition
against having grass or weeds on property taller than 10 inches from
the ground does not apply to the following properties:
(1) Any intentionally cultivated agricultural vegetation;
(2) Any vegetation intentionally cultivated or maintained in an effort
to reproduce ecosystems or environmental conditions naturally existing
in the State of Wisconsin;
(3) Any vegetation intentionally cultivated or maintained in a clearly
defined and physically discreet area for landscaping, ornamental,
or other aesthetic purposes;
(4) Naturally wooded areas, regulated wetlands, or meadows; or
(5) Any grass or weeds located within a highway right-of-way or other
area which is determined by the Grant County Health Director, the
Grant County Environmental Health Coordinator, or any employee of
the Grant County Health Department to be located or maintained in
such a way as would not cause a public health nuisance or health hazard.
K. Animal welfare: intentional abuse or prolonged confinement of any
domestic or wild animal or fowl such that a decline in the health
or well-being of the animal occurs.
L. Unsanitary or unsanitary conditions: any condition or situation which
renders a structure or any part of a structure unsanitary, unhealthy,
or unfit for human habitation, occupation or use or renders any property
unsanitary or unhealthy.
M. Other: any other situation or condition which meets the definition of a public health nuisance as stated in §
191-2 of this ordinance.
It shall be the responsibility of the Grant County Health Department
staff to investigate all potential public health nuisance complaints
and determine whether a public health nuisance exists.