Town of Pacific, WI
Columbia County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Pacific as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-18-2012 by Ord. No. 2012-7]
This article is adopted pursuant to the authority granted town boards under § 60.55(2)(b), Wis. Stats., which allows towns to recover the costs of fire calls made to property within the Town. This article supersedes and replaces Ordinance No. 95-1.
The Town of Pacific, Columbia County, Wisconsin, hereby imposes a charge for each fire call made within the limits of the Town of Pacific. Such fee shall be equal to the actual cost to the Town for the fire call. If the call is to real estate located within the Town, the charges shall be imposed on all owners of the real estate to which the particular fire call is made. In the event that a fire call is not made to real estate located within the Town, but is instead made to personal property, such as a vehicle, the charges provided for under this article shall be imposed on all owners of such personal property.
The fire call charges provided for in this article shall be paid in full to the Clerk of the Town of Pacific no later than 60 days after the date of the fire call. Failure to pay the bill within 60 days will result in interest being charged at the rate of 1 1/2% per month from the date of the bill. Those bills for fire calls to real estate, including interest, that remain outstanding for more than 90 days, as of November 1 of any year, shall become a lien against the real estate and shall be placed on the tax roll as a delinquent, special charge under § 66.0627, Wis. Stats.
The Town of Pacific contracts with the Portage Fire Department to provide fire protection services in the Town. Any property owner requesting fire protection directly from any fire department, other than the department contracted to serve that portion of the Town, shall be responsible for the full costs billed to the Town resulting from the fire call. This section shall not apply to the costs of any other fire department responding at the request of an authorized department under a mutual aid agreement.
When the Town incurs a charge for a fire department responding to a fire call regarding a vehicle fire on any road located within the Town, then a fee equal to the amount of that charge is hereby imposed upon the person to whom the fire call was provided. The Town may then proceed against that person and that person's insurer, as provided in § 60.557, Wis. Stats., and as otherwise provided under Wisconsin law, to collect that fee. That fee shall be paid in full no later than 60 days after the Town submits a billing covering the fee owed to the Town.
[Adopted 10-16-2018 by Ord. No. 2018-1]
The purpose of this article is to provide for fire inspections and for the enforcement of regulations and orders relating to fire prevention.
Annual fire prevention inspections. Except as otherwise provided in this article, all public buildings, structures and premises shall be inspected semiannually or annually as provided by law (as defined by § 101.01, Wis. Stats.), by the fire department with which the Town contracts for fire protection services (hereinafter the "Fire Department") for the purpose of ascertaining and causing to be corrected any conditions liable to cause fire or any violation of any laws or lawful orders relating to fire prevention.
A. 
In the event a public building, structure or premises must be reinspected as a result of deficiencies identified in the annual fire prevention inspection, the property owner shall be charged a fee for the reinspection and subsequent reinspection(s) based upon a fee schedule adopted by resolution of the Town Board from time to time which establishes the fees for the reinspections.
B. 
The reinspection fee shall constitute a special charge against the property under § 66.0627, Wis. Stats., and shall be placed on the annual tax roll for collection as a special charge. All rules and regulations related to the collection of real estate taxes shall apply.
C. 
All buildings, structures and premises owned by the Town of Pacific, County of Columbia, the State of Wisconsin, or the United States government shall be exempt from this fee.
A. 
Buildings, structures, and premises except:
(1) 
Private residences and accessory buildings or structures in connection therewith.
(2) 
Buildings used as the residence of not more than two families, and provided that no more than two persons are accommodated therein who are not members of such families or households.
B. 
Buildings, structures and premises not exempt. Subsection A above notwithstanding, if any building structure or premises is especially liable to fire; or is so situated as to endanger other buildings or property; or contains any combustible or explosive material dangerous to the safety of any building, structure or premises or the occupants thereof; or due to any physical condition that extraordinarily endangers or hinders firefighters in case of fire, then such building, structure or premises shall not be exempt.
A. 
Right of entry. The Chief of the Fire Department, any inspector of the Fire Department or any authorized member of the Fire Department may, at all reasonable hours, enter any building or premises covered under this article for the purpose of making any inspection or investigation which, under the provisions of this article and/or other applicable fire prevention codes and regulations, is deemed necessary.
B. 
Failure to permit entry for purposes of inspection. Any person who refuses to permit, or prevents or interferes with any entry into or upon the premises by any such inspector, or interferes with any such inspection shall be deemed guilty of violating this section and shall be punished as provided in this article.
A. 
Enforcement of Code compliance. The Chief of the Fire Department, or his/her designee, is hereby empowered to enforce compliance with the regulations of this article and all other laws and lawful orders relating to fire prevention and fire protection in all buildings and structures governed by this article.
B. 
Closure of buildings or structures. The Chief of the Fire Department, or his/her designee, is hereby empowered and directed to close any building or structure, and order it vacated, where violations of any regulations of this article are found and not corrected within a reasonable period of time as stipulated by the Fire Chief or by his/her designee.
C. 
Emergency closure of buildings or structures. Where the public is exposed to immediate danger, the Chief of the Fire Department or his/her designee, is empowered and directed to order the closing and vacating of the building, structure or premises at once.
A. 
Enforcement of Code compliance. The Chief of the Fire Department, or his/her designee, is hereby empowered to enforce compliance with the regulations of this article and all other laws and lawful orders relating to fire prevention and fire protection in all buildings and structures governed by this article.
B. 
Closure of buildings or structures. The Chief of the Fire Department, or his/her designee, is hereby empowered and directed to close any building or structure, and order it vacated, where violations of any regulations of this article are found and not corrected within a reasonable period of time as stipulated by the Fire Chief or by his/her designee.
C. 
Emergency closure of buildings or structures. Where the public is exposed to immediate danger, the Chief of the Fire Department, or his/her designee, is empowered and directed to order the closing and vacating of the building, structure or premises at once.
A. 
Service of order(s). Whenever it may be necessary to serve an order upon the owner of a premises, such order may be served either by delivery to and leaving with the said person a copy of the said order, or if such person cannot be found, such order may be mailed to the owner's last known post office address.
B. 
Issuance of order. As to buildings, structures or other premises owned by one person and occupied by another, under lease or otherwise, the orders issued in connection with enforcing provisions set forth in this article and/or other applicable fire prevention codes and regulations shall apply to the owner and occupant thereof, except where the order requires the making of additional changes in the buildings, structures or premises themselves. In such cases, the orders shall affect the owner only, unless it is otherwise agreed between the owner and the occupant.
C. 
Compliance with order. Any such order shall be complied with by the owner and/or occupant of such building, structure or premises within the time prescribed in such order. The owner or occupant may, within five days, appeal to the Chief of the Fire Department for a review of such order, who shall thereafter make the necessary investigation and decision. Unless such order is revoked or modified by the Chief of the Fire Department, it shall remain in force and be complied with within the time prescribed.
A. 
Noncompliance. Failure to comply with any orders issued pursuant to the provisions of this article by the Chief of the Fire Department, or duly authorized representatives, shall constitute an ordinance violation, and any person, firm or corporation found guilty of such violation shall, upon the conviction thereof, be required to forfeit a sum not less than $100 nor more than $1,000, together with the costs of the prosecution, and in default of payment thereof, shall be imprisoned until such forfeiture and costs are paid, but not to exceed 15 days.
B. 
Separate offense. Except as otherwise provided in this article, each and every 24 hours such violation shall continue shall constitute a separate offense.
A. 
Penalties. Any person, firm or corporation found guilty of a violation of any section of this article for which a specific penalty is not herein provided shall, upon conviction thereof, be required to forfeit the sum of not less than $100 nor more than $1,000, together with the costs of the prosecution, and in default of payment thereof, shall be imprisoned until such forfeiture and costs are paid but not to exceed 30 days.
B. 
Separate offense. Each and every 24 hours such violation shall continue, except as otherwise provided in this article, shall constitute a separate offense.
Should any section, subsection, paragraph, sentence, clause, phrase or work of this article be declared for any reason to be invalid or unconstitutional, the remainder of the Chapter shall not be affected thereby and shall continue in full force and effect.