[Added 5-7-2013 by Ord. No. 1344]
As used in this article, the following terms shall have the
meanings indicated:
St. Francis, Wisconsin.
The process of decaying organic matter, such as leaves, garden
debris and grass clippings, in a confined area out of the public view,
in a manner specified by the Health Officer/Public Health Administrator
or designee.
All water found beneath the surface of the City of St. Francis
located in sand, gravel, lime rock or sandstone geological formations
or any combinations of these formations.
The public health professional responsible for environmental
sanitation.
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.
A condition which exists or has the potential to exist which
should, in the opinion of the Health Officer/Public Health Administrator
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.
An individual, corporation, partnership or any other group
acting as a unit.
Contaminating or rendering unclean or impure the air, land
or waters of the City, 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.
Has the meaning specified in § 289.01(33), Wis.
Stats.
State of Wisconsin.
A building or structure as defined in Chapter 198, Building Construction, of this Code.
Any chemical and/or biological material that has the potential
to create a public health hazard.
A.
Title. This article shall be referred to as the "City of St. Francis
Human Health Hazard Ordinance."
B.
Administration. This article shall be administered by the Health
Officer/Public Health Administrator or designee. The Health Officer/Public
Health Administrator or designee shall have the power to ensure compliance
with the intent and purpose of this article by any means possible
under the law.
C.
Interpretation. The provisions of this article shall be interpreted
to be minimum requirements and shall be liberally construed in favor
of the City of St. Francis and shall not be deemed a limitation or
repeal of any power granted by the Wisconsin Statutes.
This article is adopted pursuant to the authority granted by Chs. 251 and 254, Wis. Stats.
The purpose and intent of this article are to protect the public
health, safety and general welfare and to maintain and protect the
environment for the people of the City of St. Francis and to:
A.
Prevent communicable diseases.
B.
Prevent the continuance of human health hazards.
C.
Prevent the continuance of public nuisances.
D.
Assure that the City and state air quality standards are complied
with.
E.
Assure that insects and rodents do not create a human health hazard
and/or health hazard.
F.
Assure that surface water and groundwater meet City and state standards
and regulations.
G.
Assure that solid waste is handled, stored and disposed of according
to City and state standards and regulations.
H.
Assure that citizens are protected from hazardous, unhealthy or unsafe
substances.
I.
Provide for the administration and enforcement of this article and
provide penalties for its violations.
The jurisdiction of this article shall include all air, land
and water (both surface and ground) within the City of St Francis.
A.
Written orders. Compliance with this article shall include compliance
with written orders issued under this article or state health laws
by the City of St. Francis Health Officer/Public Health Administrator
or designee to abate and/or correct a human health hazard/public nuisance
or bring any other situation or condition in noncompliance with this
article in compliance.
A.
General provisions. This article shall be interpreted, administered,
and enforced by the City of St. Francis Health Officer/Public Health
Administrator or designee.
B.
Powers. The Health Officer/Public Health Administrator or designee
shall have all the powers necessary to enforce the provisions of this
article, including, without limitation by reason of enumeration, the
following:
(1)
To enter any structure or premises at a reasonable time for the purpose
of performing duties under this article and to secure a court order
to accomplish this purpose if necessary.
(2)
To order abatement and/or corrections of any human health hazard/public
nuisance in compliance with this article or state statutes.
(3)
To delegate the responsibilities of administration and enforcement
of this article 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 article
to ensure compliance with the purpose and intent of this article and
requirements of this article.
A.
Human health hazard/public nuisances prohibited. No person shall erect, construct, cause, continue, maintain, or permit any human health hazard/public nuisance within the City. 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 article and shall be liable for all costs and expenses attendant upon the removal and correction of such human health hazard/public nuisance and to the penalty provided in § 262-67 of this article.
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 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)
Disposition of carcass. The Health Officer/Public Health Administrator
or designee shall order such disposition made of any animal that may
have died in the City of St. Francis as he shall deem expedient for
the general welfare and preservation of the health of the citizens.
He may provide that the same shall be removed or disposed of by the
owner or person having such animal in charge or under control or otherwise
as he may deem proper to bring about the results contemplated by this
chapter.
(2)
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.
(3)
Noxious odors. Any negligent use of property, substances, or things
within the City emitting or causing any foul, offensive, noisome or
disagreeable odors or stenches extremely repulsive to the physical
senses of ordinary persons or as a whole.
(4)
Solid waste. Any solid waste which is stored or disposed of in a
manner which may pose a human health hazard.
(5)
Food or breeding places for vermin, insects, etc. Accumulations of
decayed animal or vegetable matter, trash, rubbish, garbage, rotting
lumber, bedding, packing material, scrap metal, animal and human fecal
matter, or any substance in which flies, mosquitoes, disease-carrying
insects, rats or other vermin can breed, live, nest or seek shelter.
(6)
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 public health hazard.
(7)
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 City and
state codes.
(8)
Surface water pollution. The pollution of any stream, lake or other
body of surface water within the City that creates noncompliance with
Chs. NR 102 and NR 103 of the Wisconsin Administrative Code.
(9)
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 Ch. NR 140
of the Wisconsin Administrative Code.
(10)
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.
(11)
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.
(12)
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.
(13)
Other. Any other situation 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 health nuisances, but such enumeration shall not be construed to
exclude other nuisances coming within the definition of "human health
hazard":
(1)
Composting, except when complying with the following:
(a)
Only one compost area shall be permitted per lot and shall be
located in the rear or side yard and may not be nearer than 25 feet
to any dwelling unit nor nearer than three feet to any property line.
(b)
Such compost areas may not exceed four feet in height and 25
square feet.
(c)
No waste generated outside the property shall be permitted to
be composted in any residential district.
(d)
Such shall be aerated and done in a manner that is accepted
to create compost that is nonodorous to a reasonable person.
(2)
Privy vaults. No privy vaults or cesspools shall be constructed or
maintained within the fire limits of the City of St, Francis where
sewers have been constructed.
(3)
Bird feeding. Feed for birds shall be placed in a covered hopper,
gravity-type feeder. The platform of the feeder shall be of reasonable
size and. surrounded by a ledge to deter food from blowing off. The
feeder shall be placed on top of a rodent-proof pole which extends
at least 3.5 feet above the ground and shall be placed at least six
feet from the nearest climbable object, or the feeder may be suspended
from a tree if protected by rodent guards. Feed for birds shall not
be placed on the ground where it is accessible to rodents. No more
than four bird feeders shall be located on any premises.
(4)
Animal waste. It shall be the duty of every owner of any animal to
dispose of such animal fecal matter and other waste in a sanitary
manner as often as may be necessary to prevent any unwholesome accumulation
of such matter and/or waste. It shall be unlawful for any person accompanying
a dog to permit the dog to defecate upon any private or public place
without the consent of the owner thereof unless the person accompanying
the dog immediately cleaned up and removed the defecation onto the
owner's property.
(5)
Exposure of unwholesome substances. No person shall put, place, or
leave exposed in any part of the City any carcass, carrion, vegetable
or putrescent and unwholesome substance; any owner or occupant of
any lot or tenement in the City shall not permit any such substance
to be on or remain upon said lot or in and about the tenement or between
the same and the center of the street adjoining.
(6)
Stagnant water. All stagnant water in which mosquitoes, flies or
other insects can multiply.
E.
Investigation of possible human health hazard/public nuisance. The
Health Officer/Public Health Administrator or designee shall investigate
all potential human health hazards/public nuisances and shall determine
whether or not a human health hazard/public nuisance exists.
A.
The Health Officer/Public Health Administrator 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/Public Health Administrator
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 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 occupant or
of the public.
(3)
A dwelling which, 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 which, because of its condition, has been implicated as
the source of a confirmed case of lead poisoning or asbestosis.
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/Public Health Administrator or designee.
C.
Any dwelling or dwelling unit condemned as unfit for human habitation
and so designated and placarded by the Health Officer/Public Health
Administrator or designee shall be vacated within a reasonable time,
as specified by the Health Officer/Public Health Administrator 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 such placard is removed
by, the Health Officer/Public Health Administrator or designee. The
Health Officer/Public Health Administrator or his/her 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.
A 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
designated municipal body.
G.
Whenever the Health Officer/Public Health Administrator or designee
determines that a violation exists or has reasonable grounds to believe
that there has been a violation of any provision of this article,
or any rule or regulation adopted pursuant thereto, he shall give
or cause to be given notice. Notices shall be in writing, including
a description of the real estate involved, a statement of violations
and corrective actions required, and allow 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.
A.
Written order. When a violation of this article is encountered, the
Health Officer/Public Health Administrator or designee shall issue
the violator a written order, served personally or by first-class
mail. This order shall specify the following:
B.
Exception to written order. In cases where a violation poses an immediate
health hazard to the public as determined by the Health Officer/Public
Health Administrator or designee, or in the case of repeating occurrences
of the same violation by the same person, the Health Officer/Public
Health Administrator or designee can take all reasonable steps to
abate the hazard without a written order. The cost of abatement will
be assessed to the property owner.
