[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.
A.
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.
B.
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:
(1)
Ordinance
No. 7, Elections, adopted December 28, 1971.Ordinance No. 7, Elections,
adopted December 28, 1971.
(2)
Ordinance
No. 16, Courthouse parking lot, adopted May 22, 1973.
(3)
Ordinance
No. 2, Dance halls and public dances, adopted January 19, 1982.
(4)
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:
A.
Any ordinance
adopted subsequent to December 20, 2011.
B.
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.
C.
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.
D.
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.
E.
Any franchise,
license, right, easement or privilege heretofore granted or conferred.
F.
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.
G.
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.
H.
Ordinances
authorizing the purchase, sale, lease or transfer of property or any
lawful contract or obligation.
I.
The levy
or imposition of fees, taxes, assessments or charges.
J.
The annexation
or dedication of property or approval of preliminary or final subdivision
plats.
K.
Ordinances
establishing bulkhead lines.
L.
Ordinances
providing for local improvements or assessing taxes or special assessments
therefor.
M.
All currently
effective ordinances pertaining to the rate and manner of payment
of salaries and compensation of officers and employees.
N.
Any legislation
relating to or establishing a pension plan or pension fund for employees.
O.
The Floodplain
Zoning Ordinance and all amendments thereto.
A.
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.
B.
The following
changes are made throughout the Code:
(1)
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.
(2)
References
to the "County Planning Agency" are amended to read "Planning and
Zoning Committee."
C.
In addition,
the amendments and/or additions as set forth in Schedule A[1] 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.)
[1]
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.
A.
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.
B.
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.
C.
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:
A.
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.
B.
If a violator does not comply with a written order the violator may
be subject to:
(1)
The issuance of an enforceable citation.
(2)
Commencement of legal action against the person seeking an injunction
to abate the violation and/or correct the damage created by the violation.
(3)
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.
A.
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.
B.
The form of the citation shall be as prescribed in § 66.0113,
Wis. Stats.
C.
A citation and summons issued under this article can be served on
a violator in person or by registered mail.
D.
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.
A.
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.
B.
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.
