[HISTORY: Adopted by the Board of Supervisors
of Price County 2-19-2008 by Ord. No. 2-08. Amendments noted where
applicable.]
A.
Title. This chapter shall be referred to as the "Price
County Human Health Hazard Ordinance."
B.
When effective. This chapter shall be effective upon
passage and publication.
D.
Administration. This chapter shall be administered
by the Health Officer, or designee, in cooperation with the County
Health and Human Services Board and the appropriate state agencies.
Any situation involving septic systems and/or wastewater will be addressed
jointly, as necessary, by the Price County Health and Human Services
Department and the Price County Zoning Office. The Health Officer
shall have the power to ensure compliance with the intent and purpose
of this chapter by any means possible under the law.
E.
Interpretation. The provisions of this chapter shall
be interpreted to be minimum requirements and shall be liberally construed
in favor of Price County and shall not be deemed a limitation or repeal
of any power granted by the Wisconsin Statutes.
This chapter is adopted pursuant to the authority
granted by Chs. 251 and 254, Wis. Stats.
The purpose and intent of this chapter are to
protect the public health, safety and general welfare, to maintain
and protect the environment, and to assure the people and communities
of Price County that the appropriate action will be taken in order
that:
A.
The spread of communicable disease is prevented.
B.
Air quality problems that pose a human health hazard
are properly addressed.
C.
Problems with insects and rodents which threaten or
could threaten the health of the public are properly addressed.
D.
Surface water and groundwater contamination that poses
a human health hazard is properly addressed.
E.
Solid waste issues that pose a human health hazard
are properly addressed.
F.
Hazards related to unhealthy or unsafe substances
are properly addressed.
G.
The administration, enforcement, and penalties of
this chapter are provided for.
The following definitions apply throughout the
entire chapter. All other words not specifically defined in this chapter
shall be defined as set forth in any applicable State of Wisconsin
regulation, and if not defined otherwise the standard dictionary definition
of the word shall apply.
Price County, Wisconsin.
Any structure, all or part of which is designed or used for
human habitation. [§ 254.55(1), Wis. Stats.]
All water found beneath the surface of Price County, located
in sand, gravel, lime rock, or sandstone geological formations, or
any combination of these formations.
Public health professionals responsible for environmental
sanitation.
A substance, activity or condition that is known to have
the potential to cause acute or chronic illness, to endanger life,
to generate or spread infectious diseases, or otherwise injuriously
to affect the health of the public.
A condition which exists or has the potential to exist which
should, in the opinion of the Health Officer, 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.
Any of the following:
Any individual, firm, corporation, society, institution,
public body or any other entity.
Contaminating or rendering unclean or impure the air, land
or waters of the County or making the same injurious to public health,
harmful for commercial or recreational use, or deleterious to fish,
bird, animal or plant life.
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 does not include solids or dissolved
material in wastewater effluent or other common water pollutants.
State of Wisconsin
A building or structure having walls and a roof erected or
set upon an individual foundation or slab-constructed base designed
or used for the housing, shelter, enclosure, or support of persons,
animals or property of any kind. This definition includes mobile homes.
Any chemical and/or biological material that is or has the
potential to create a public health hazard.
The jurisdiction of this chapter shall include
all air, land and water (both surface and ground) within Price County.
A.
Written orders. Compliance with this chapter shall
include compliance with written orders issued under this chapter or
state health laws by the Price County 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.
A.
General provisions. This chapter shall be interpreted,
administered, and enforced by the Price County Health Officer.
B.
Powers. The Health Officer shall have all powers necessary
to enforce the provisions of this chapter, without limitation by reason
of enumeration including the following:
(1)
To enter any structure or premises at a reasonable
time for the purpose of performing duties under this chapter and to
secure a court order to accomplish this purpose if necessary.
(2)
To order abatement and/or correction of any human
health hazard in compliance with this chapter or state statutes.
(3)
To delegate the responsibilities of administration
and enforcement of this chapter to a registered environmental health
sanitarian or another 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 the requirements of this chapter.
The owner and occupant and everyone in charge
of a public building, as defined in § 101.01(12), Wis. Stats.,
shall keep the building clean and sanitary. (§ 254.56, Wis.
Stats.)
A.
Human health hazard prohibited. No person shall erect, create, cause, continue, maintain, or permit any public human health hazard within the County. Any person who shall cause, create, or maintain a human health hazard, or 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/or correction of such a human health hazard and to the penalty provided in § 312-11 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 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 (§ 312-4 of this chapter):
(1)
Unburied carcasses. Carcasses of animals, birds, or
fowl not intended for human consumption which are not buried or otherwise
disposed of in a sanitary manner within the time period specified
by the Health Officer or as required by § 95.50, Wis. Stats.
Carcasses intended for food shall be processed within a reasonable
amount of time.
(2)
Manure. Accumulations of the bodily waste from all
domestic animals and fowl that are handled, stored, or disposed of
in a manner that creates a health hazard.
(3)
Air pollution. The presence in the atmosphere of one
or more air contaminants in such quantities and of such duration as
is or tends to be injurious to public health, harmful for commercial
or recreational use or deleterious to fish, bird, animal or plant
life.
(4)
Noxious odors. Any negligent use of property, substances
or things within the County emitting or causing any foul, offensive,
noisome, noxious or disagreeable odors, or stenches extremely repulsive
to the physical senses of ordinary persons or as a whole.
(5)
Solid waste. Any solid waste which is stored or disposed of in a manner which may pose a human health hazard as defined in § 312-4.
(6)
Food and breeding places for vermin, insects, etc.
Accumulations of decayed animal or vegetable matter, trash, rubbish,
garbage, rotting lumber, bedding, packing material, scrap metal, tires,
animal and human fecal matter, or any other thing(s) or substance
in which flies, mosquitoes, disease-carrying insects, rodents, or
other vermin can breed, live, nest, or seek shelter.
(7)
Toxic and hazardous material. Any chemical and/or
biological material that is stored, used, or disposed of in such manner
or quantity 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
County and state codes.
(9)
Surface water pollution. The pollution of any stream,
lake or other body of surface water within the County that creates
noncompliance with Chapters NR 102 and NR 103 of the Wisconsin Administrative
Code.
(10)
Groundwater pollution. Addition of any chemical
and/or biological substance that would cause groundwater to be unpalatable
or unfit for human consumption. These substances include but are not
limited to the chemical and/or biological substances listed in Chapter
NR 140 of the Wisconsin Administrative Code.
(11)
Holes or openings. Any hole or opening caused
by an improperly abandoned cistern, septic tank, dug well, or any
other improperly abandoned, barricaded or covered up excavation.
(12)
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.
(13)
Unhealthy or unsanitary condition. Any condition
or situation which renders a structure or any part thereof unsanitary,
unhealthy, and unfit for human habitation, occupancy or use or renders
any property unsanitary or unhealthy.
D.
Investigation of possible human health hazard. The
Health Officer or his/her designee shall investigate all potential
human health hazards and shall determine whether or not a human health
hazard exists. In the event that an owner or occupant shall refuse
entry for inspection purposes, the Health Officer or designee may
obtain a special warrant under § 66.0119, Wis. Stats.
A.
The Health Officer may declare any dwelling or dwelling unit found to have any of the following defects a human health hazard (as defined in § 312-4 of this chapter). It shall be condemned as unfit for human habitation and shall be placarded by the Health Officer.
(1)
A dwelling which is so damaged, decayed, dilapidated,
unsanitary, unsafe, or vermin infested that it creates a serious hazard
to the health or safety of the occupants or of the 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 occupants
or of the public. Nothing in this section shall prevent the use of
a privy which meets the requirements of Chapter SPS 383 of the Wisconsin
Administrative Code.
(3)
A dwelling, because of its general condition or location,
is unsanitary or otherwise dangerous to the health or safety of the
occupants or of the public.
(4)
A dwelling, because of its condition, has been implicated
as the source of a confirmed case of lead poisoning or asbestosis.
B.
No person shall occupy or continue to occupy, let
for rent or lease quarters for human habitation which are declared
unfit for human habitation by the Health Officer.
C.
Any dwelling or dwelling unit condemned as unfit for
human habitation, and so designated and placarded by the Health Officer,
shall be vacated within a reasonable time, as specified by the Health
Officer.
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 such
placard is removed by, the Health Officer. The Health Officer 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 any notice or order relating
to the condemning or placarding of a dwelling or dwelling unit as
unfit for human habitation may request and shall be granted a hearing
in the matter before the County Health and Human Services Board.
G.
Whenever the Health Officer determines that a violation
exists or has reasonable grounds to believe that there has been a
violation of any provision of this section, or any rule or regulation
adopted pursuant thereto, he/she shall give or cause to be given notice
of such violation to the person or persons responsible therefor; such
notice shall be in writing, including a description of the real estate
involved, a statement of violations and corrective actions required,
and allowing a reasonable time for the performance of any act required.
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.
Such notice shall contain an outline of remedial action which, if
taken, will effect compliance with the provisions of this section
and with the rules and regulations adopted pursuant thereto.
H.
For each day that elapses after the allowance of a reasonable time for the performance of corrective acts required or of any other acts of compliance, there is a violation which subjects the person, owner or occupant to forfeitures according to § 312-11D(2) of this chapter for the period such violations continue.[1]
A.
Written order. When a violation of this chapter is
encountered, the Health Officer shall issue the violator a written
order, served personally or by registered mail with return receipt
requested.
(1)
This order shall specify the following:
(a)
The name, address, and pertinent information on the violator.
(b)
The nature of the violation and the steps needed to abate and/or
correct it.
(c)
The time period in which the violation must be corrected and/or abated
(usually one to five days for immediate human health hazards, or 10
to 30 days for health hazards, depending on the nature of the violation).
Allowance for limited extension of this time period may be allowed
if warranted by extenuating circumstances.
(2)
A copy of this order shall be forwarded to the local
governing body.
B.
Exceptions to written order. In extreme cases where a violation poses an immediate health hazard as determined by the Health Officer or in the case of repeating occurrences of the same violation by the same person, the violator shall be considered to be in noncompliance and the action(s) specified in Subsections C and D below can be initiated immediately.
C.
Noncompliance with order.
(1)
If a person does not comply with a written order from
the Health Officer and/or designees, the person may be subject to
one or more of the following actions and/or penalties:
(a)
Issuance of an enforceable citation.
(b)
Commencement of legal action against the person(s) seeking a court-imposed forfeiture and/or imprisonment (see Subsection E below).
(c)
Commencement of legal action seeking an injunction to abate the violation
and/or correct the damage created by the violation.
(d)
Any other action authorized by this chapter or by other applicable
laws as deemed necessary by the Health Officer.
(2)
The initiation of one action or penalty under this
section does not exempt the apparent violator from any additional
actions and/or penalties listed prescribed by law.
D.
Abatement and penalties.
(1)
Abatement or removal of health hazards. If the human health hazard is not abated or removed by the date specified in Subsection A(1)(c) above, the Health Officer or designee may enter upon property and abate or remove the human health hazard or cause such actions to be taken. The cost of the abatement or removal may be recovered from the person permitting the violation or may be paid by the County Treasurer, and the account, after being paid by the County Treasurer, shall be filed with the County Real Property Lister, who shall enter the amount chargeable to the property in the next tax roll in a column headed "For Abatement of a Human Health Hazard" as a special tax on the lands upon which the human health hazard was abated, and the tax shall be collected as are other taxes. The only defenses an owner may have against the collection of a tax are that no human health hazard existed on the owner's property, that no human health hazard was corrected on the owner's property, or that the procedure outlined in this subsection was not followed or any applicable defense under § 74.33, Wis. Stats.
(2)
Penalties. Anyone maintaining such a human health hazard shall be subject to a forfeiture as provided in Chapter 290 of the County Code together with the cost of prosecution. On default of payment of the fines and costs, the violator may be imprisoned in the County Jail for no more than 90 days. Each day a violation exists or continues shall constitute a distinct and separate violation of this chapter and, as such, forfeitures shall apply accordingly.[1]
E.
Initiation of legal action. Legal action shall be
initiated against a violator, as requested by the Health Officer,
in accordance with the following:
F.
Coordination with state agencies. Where a human health
hazard involves noncompliance with a state-enforced Administrative
Code, the Health Officer shall first refer the complaint to the appropriate
agency for abatement and/or correction. If the abatement and/or correction
is not achieved through the appropriate state agency in a reasonable
period of time as determined by the Health Officer, then the Health
Officer may initiate action under this chapter to bring about proper
abatement and/or correction.
