[HISTORY: Adopted by the Village Board of the Village of
Fox Point 12-14-2004 by Ord. No. 2004-11 (Ch. 41 of the 1961 Code). Amendments
noted where applicable.]
GENERAL REFERENCES
Offenses against public peace, safety and welfare — See Ch. 670.
As used in this chapter, the following terms shall have the
meanings indicated:
All water found beneath the surface of the Village located
in sand, gravel, lime rock, or sandstone geological formations or
any combination of these formations.
Director of North Shore Health Department, which is the Health
Department for Fox Point.
A substance, activity or condition that is known to have
potential to cause acute or chronic illness or death if exposure to
the substance, activity or condition is not abated or the condition
of a dwelling or dwelling unit that renders it unsafe for human habitation.
A condition which exists or has the potential to exist which
should, in the opinion of the Health Officer or designee, be abated
or corrected immediately, or at least within a twenty-four-hour period,
to prevent possible severe damage to human health and/or the environment.
A person who has legal title or possession, charge, care
or control of property (including but not limited to a structure,
building, dwelling, dwelling unit or vacant land) or as executor,
administrator, trustee, or guardian of the estate of a person or property
under this definition.
An individual, owner, operator, corporation, limited liability
company, partnership, association, municipality, interstate agency,
state agency or federal agency or any instrumentality, agent or combination
of the foregoing entities.
To affix a written notice to the main entrance of a dwelling
stating that the dwelling has been declared unfit for human habitation.
The contaminating or rendering unclean or impure the air,
land, or waters of the Village, or making the same injurious to public
health, harmful for commercial or recreational use or deleterious
to fish, bird, animal or plant life.
A thing, act, occupation, condition or use of property which
shall continue for such length of time as to substantially injure
or endanger the comfort, health, repose or safety of the public or
in any way render the public insecure in life or in the use of property.
Garbage, refuse, and all other discarded or salvageable solid
materials, including solid waste materials resulting from industrial,
commercial, and agricultural operations and from domestic use and
public service activities, but not including solids or dissolved material
in wastewater effluent or other common water pollutants.[1]
State of Wisconsin.
A building or structure having walls and a roof erected or
set upon an individual foundation or slab constructed, designed or
used for the housing, shelter, enclosure, or support of persons, animals
or property of any kind, including but not limited to houses, apartments,
condominiums, commercial and manufacturing buildings, mobile homes
and structures accessory to the foregoing uses.
Any chemical and/or biological material that is or has the
potential to create a human health hazard.
The Village of Fox Point.
A.
Title. This chapter shall be referred to as the "Village Human Health
Hazard and Public Health Nuisance Ordinance."
B.
Administration. This chapter shall be administered by the Health
Officer or the Health Officer's designee. The Health Officer
or designee shall have the power to ensure compliance with the intent
and purpose of this chapter by any means possible under the law, including
authority to request that the Police Department issue citations for
violations of this chapter pursuant to § 800.02(2), Wis.
Stats.
C.
Interpretation. The provisions of this chapter shall be interpreted
to be minimum requirements and shall be liberally construed in favor
of the Village and shall not be deemed a limitation of any power granted
by the Wisconsin Statutes or repeal of any other Village ordinance
that imposes a stricter or greater requirement.
This chapter is adopted pursuant to the authority granted by
Chapters 251 and 254 of the Wisconsin Statutes.
The purpose and intent of this chapter is to protect the public
health, safety, and general welfare and to maintain and protect the
environment for the people of the Village and to:
A.
Prevent communicable diseases.
B.
Prevent the continuance of human health hazards or public health
nuisances.
C.
Assure that Village and state air quality standards are complied
with.
D.
Assure that insects and rodents do not create human health hazards.
E.
Assure that surface and groundwater meet Village and state standards
and regulations.
F.
Assure that solid waste is handled, stored and disposed of according
to Village and state standards and regulations.
G.
Assure that persons are protected from hazards and unhealthy or unsafe
substances.
The jurisdiction of this chapter shall include all air, land
and water (both surface and ground) within the Village.
A.
Written orders. Compliance with this chapter shall include compliance
with written orders issued under this chapter or state health laws
by the Health Officer to abate and/or correct a human health hazard
or bring any other situation or condition in noncompliance with this
chapter into compliance.
B.
Noncompliance. Noncompliance with this chapter and/or with a written
order from the Health Officer shall be cause for enforcement action
under this chapter.
A.
General provisions. This chapter shall be interpreted, administered,
and enforced by the Health Officer.
B.
Powers. The Health Officer or designee shall have all the powers
necessary to enforce the provisions of this chapter, without limitation
by reason of enumeration, including the following:
(1)
To apply for and secure search warrants to obtain access to any property
or structure on or in which he or she has probable cause to believe
that a violation of this chapter or related state statutes exists.
(2)
To order abatement and/or corrections of any human health hazard/public
nuisance in violation of this chapter or related state statutes.
(3)
To delegate the responsibilities of administration and enforcement
of this chapter to a registered environmental health sanitarian or
other person qualified in the field of public health.
(4)
To initiate any other action authorized under the law or this chapter
to ensure compliance with the purpose and intent of this chapter and
requirements of this chapter.
A.
Human health hazard/public health nuisances prohibited. No person shall erect, construct, cause, continue, maintain, or permit any human health hazard/public health nuisance within the Village. Any person who shall in any way aid or contribute to the causing, creating, or maintenance thereof shall be guilty of a violation of this chapter and shall be liable for all costs and expenses attendant upon the removal and correction of such human health hazard/public health nuisance and to the penalty provided in § 630-11 of this chapter.
B.
Responsibility of property owner. It shall be the responsibility
of the property owner to maintain such owner's property in a
hazard-free manner and also to be responsible for the abatement and/or
correction of any human health hazard/public health nuisance that
has been determined to exist on his property.
C.
Human health hazards enumerated. Specifically, but not limited by
enumeration, the following are human health hazards if determined
to meet the human health hazard definition:
(1)
Unburied carcasses. Carcasses of animals, birds, or fowl not buried
or otherwise disposed of in a sanitary manner within 24 hours after
death.
(2)
Manure. Accumulations of the bodily waste of all domestic animals
and fowl that are handled, stored, or disposed of in a manner that
creates a human health hazard.
(3)
Air pollution. The escape of smoke, soot, cinders, noxious acids,
fumes, gases, fly ash, or industrial dust in such quantities as to
endanger the health of persons of ordinary sensibilities or threaten
or cause substantial injury to property within the Village.
(4)
Noxious odors. Any use of property, substances, or things within
the Village emitting or causing any foul, offensive, noisome, nauseous,
noxious, or disagreeable odors, effluvia, or stenches extremely repulsive
to the physical senses of ordinary persons that annoy, discomfort,
injure, or inconvenience the health of persons within the Village.
(5)
Solid waste. Any solid waste which is stored or disposed of in a
manner which may pose a human health hazard.
(6)
Vermin/insects. Accumulations of decayed animal or vegetable matter,
trash, rubbish, rotting lumber, bedding, packing material, scrap metal
or any material whatsoever in which flies, mosquitoes, disease-carrying
insects, rats or other vermin may breed. Also, all stagnant water
in which mosquitoes, flies, or other insects can multiply as well
as garbage cans that are not flytight.
(7)
Toxic and hazardous material. 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 human health hazard.
(8)
Wastewater. The presence of wastewater or sewage effluent from buildings
on the ground surface, backing up into the building and/or running
into a surface water body, caused by a damaged, malfunctioning, improperly
constructed, or inadequately maintained private sewage system or private
sewage lateral. Also, any wastewater or sewage effluent that is not
handled and disposed of in compliance with all applicable Village
and state codes.
(9)
Holes or openings. All abandoned wells or openings in the ground
not securely covered or secured from public access and use.
(10)
Nonfunctional public building fixtures. Nonfunctioning water
supply systems, toilets, urinals, lavatories, or other fixtures considered
necessary to ensure a sanitary condition in a public building.
(11)
Food conditions. All decayed, harmfully adulterated or unwholesome
food or drink sold or offered for sale to the public.
(12)
Animals. Wild animals or wild animal hybrids kept as domestic
pets within the Village limits.
(13)
Other. Any other substance, activity or condition determined
to meet the definition of a human health hazard.
D.
Public health nuisances enumerated. The following acts, omissions,
places, conditions, and things are hereby specifically declared to
be public health nuisances, but such enumerations shall not be construed
to exclude the following or other nuisances from coming within the
definition of public health nuisance in this chapter.
(1)
Privy vaults. No privy vaults or cesspools shall be constructed or
maintained.
(2)
Bird feeding. Feed for birds shall not be placed where it would attract
rodents or other animals.
(3)
Animal waste. Every animal owner shall dispose of the animal's
fecal matter and other waste in a sanitary manner as often as may
be necessary to prevent any unhealthy or unsanitary accumulation of
such matter and/or waste.
(4)
Noxious weeds. All noxious weeds as defined in § 66.0407,
Wis. Stats., and other rank growth of vegetation.
(5)
Miscellaneous. Failure to comply with any law, ordinance or rule
regarding sanitation and health, including but not limited to:
A.
The Health Officer or designee may declare any dwelling or dwelling
unit found to have any of the following defects a human health hazard.
It shall be condemned as unfit for human habitation and shall be placarded
by the Health Officer or designee.
(1)
A dwelling which is so damaged, decayed, dilapidated, unsanitary,
and unsafe or vermin infested that it creates a serious hazard to
the health or safety of the occupants or public.
(2)
A dwelling which lacks a potable water supply, a properly functioning
public or private sanitary sewer system, or a functioning heating
system adequate to protect the health or safety of the occupant or
public.
(3)
All or portions of a dwelling to the extent it is proven to be uninhabitable
by virtue of a serious and imminent threat to human health from exposures
to lead or asbestos.
B.
No person shall continue to occupy, rent or lease quarters for human
habitation which are declared unfit for human habitation by the Health
Officer or designee.
C.
Any dwelling or dwelling unit condemned as unfit for human habitation
and so designated and placarded by the Health Officer or designee
shall be vacated within a time specified by the Health Officer or
designee.
D.
No dwelling or dwelling unit which has been condemned and placarded
as unfit for human habitation shall again be used for human habitation
until written approval is secured from, and the placard is removed
by, the Health Officer or designee. The Health Officer or designee
shall remove such placard whenever the defect or defects upon which
the condemnation and placarding were based have been eliminated.
E.
No person shall deface or remove the placard from any dwelling or
dwelling unit which has been condemned as unfit for human habitation.
F.
Any person affected by a notice or order relating to the condemning
or placarding of a dwelling or dwelling unit for human habitation
may request and shall be granted a hearing in the matter before the
Village Board. The Village Board shall have jurisdiction to consider
whether there is any error in any order, requirement, decision or
determination made by the Health Officer or other administrative official
in the enforcement of this chapter.
A.
Whenever the Health Officer or designee determines that a violation
exists or has reasonable grounds to believe that there has been a
violation of any provision of this chapter, or any rule or regulation
adopted pursuant thereto, he/she shall issue the violator a written
order to include:
(1)
A description of the real estate involved.
(2)
A statement of violations and corrective actions required.
(3)
A reasonable time limit for the performance of any corrective act
required.
(4)
That if the violation is not corrected within the time set forth
the Health Officer may take steps to abate the violation and that
the cost of the abatement may be assessed against the owner of the
property involved.
B.
Such notice shall be served upon the owner, operator or occupant,
as the case may require, and may be served by certified mail or in
the manner provided by Ch. 801, Wis. Stats., for service of summons.
C.
Exception to written order. In cases where a violation poses an immediate
health hazard to the public as determined by the Health Officer or
designee, the Health Officer or designee may take all reasonable steps
to abate the hazard without a written order.
D.
Abatement. In those cases where the Health Officer determines that
it is necessary to abate the violation, the cost of the abatement
may be assessed to the property owner as a special charge pursuant
to § 66.0627, Wis. Stats. In addition to any other methods
provided in this chapter, the Health Officer shall have the power
to abate human health hazards and recover the cost of such abatement
in accordance with § 254.59, Wis. Stats., which is adopted
by reference herein and made a part of this chapter as if fully set
forth.
Any person who shall be found guilty of violating any of the provisions of this chapter shall, upon conviction thereof, be subject to the penalties provided in § 1-4. Each day a violation continues shall constitute a separate offense.
