Town of Arbor Vitae, WI Chapter 213 Nuisances

[HISTORY: Adopted by the Town Board of the Town of Arbor Vitae 11-6-1996. Amendments noted where applicable.]

GENERAL REFERENCES

Animals — See Ch. 116.

Property maintenance — See Ch. 229.

§ 213-1 General provisions.

A chapter to prohibit, abate, suppress and prevent all acts, practices, conduct, uses of property and all other things detrimental or liable to be detrimental to the health of the inhabitants of Vilas County.

§ 213-2 Definitions as used in this chapter.

HEALTH COMMITTEE

The Vilas County Health Committee or their authorized representative.

NUISANCE

Any source of filth or cause of sickness; any unreasonable use of property or activity that interferes substantially with the comfortable enjoyment of life, health, or safety of another or others.

PERSON

Any institution, corporation, individual, partnership, or other entity.

§ 213-3 Powers of Health Committee.

The Health Committee, or its authorized representatives, is hereby authorized and empowered to legally inspect during reasonable hours all buildings, lands, places as to their conditions affecting health and sanitation. In the event any owner or occupant of any premises shall refuse entry for inspection purposes, the Committee or its authorized representative may obtain a special inspection warrant under § 66.0119, Wis. Stats. Whenever any declared nuisance or condition prejudicial to the public health is found to exist, the Committee or its authorized representative shall have the power and the authority to notify, by certified mail with return receipt requested, the owner or occupant or user of such property on which such nuisance or condition is found to exist and to order the owner, or occupant, or user thereof to abate or remove said nuisance or condition prejudicial to the public health within the time periods set forth in § 254.59(2), Wis. Stats.

§ 213-4 Declared nuisances.

The following are declared to be public nuisances prejudicial to the public health:

A. All decayed or unwholesome food offered for sale to the public.

B. All diseased animals running at large.

C. Carcasses of dead animals not buried or destroyed within 24 hours after death.

D. Accumulations of manure, rubbish, garbage, refuse and human and industrial or noxious or offensive waste, except the normal storage on a farm of manure for agricultural purposes.

E. Accumulations of decayed animal or vegetable matter, trash, rotting lumber, packing material, scrap metal, and/or unlicensed junk vehicles, tires, or any substance in which flies, mosquitoes, disease-carrying insects, rats or other vermin can breed, live, nest or seek shelter.

F. Privy vaults or garbage cans which are not fly-tight.

G. The pollution of any well, cistern, spring, underground water stream, lake, canal, or body of water by sewage or industrial wastes, fertilizers and toxic pesticides, or other substance harmful to human beings.

H. Dense smoke, noxious fumes, gas and soot, or cinders, in unreasonable quantities, or the presence of any gas, vapor, fume, smoke, dust, toxic pesticides by drift or overspray, or any other toxic substance on, in or emitted from the equipment on any premises in quantities sufficient to be toxic, harmful or injurious to the health of any employee or to any premises, occupant, or to any other person.

I. Common drinking cups, roller towels, combs, brushes, or eating utensils in public or semipublic places not properly sanitized after use.

J. All infestations of vermin which may be involved in the transmission of communicable diseases.

K. The keeping of animals or fowl in close proximity to residences, schools, hospitals, public or semipublic buildings, playgrounds, parks, and other public places, with the exception of animals in public or licensed zoos, farm animals on farms, and any animals or fowl in laboratories.

L. To rent or lease quarters for human habitations which are declared unfit for human habitation by the Health Committee.

M. Attractive nuisances dangerous to health or safety.

N. All other acts, practices, conduct, business, occupations, callings, trades, uses of property and all other things detrimental or certain to be detrimental to the health of the inhabitants of Vilas County, Wisconsin.

§ 213-5 Fines and penalties.

Any person, firm, company or corporation who maintains a nuisance as declared in this chapter or who fails to comply with an order of the Health Committee, issued under the provisions of this chapter shall be subject to forfeiture provisions of Section 25.04 of the General Code of Vilas County, Wisconsin.

§ 213-6 Enforcement.

Any duly authorized member or representative of the Vilas County Public Health Service (Health Officer or Nurses) or Vilas County Planning and Zoning Administrator, Assistant Planning and Zoning Administrator or Zoning Deputy is hereby designated as an enforcing officer of this chapter, and it shall be the duty of the Vilas County Corporation Counsel to prosecute any violators or offenders under this chapter that are called to his/her attention by said Health Committee, and the County Health Officer, or the designee shall hereby be given specific power to make inspections for sufficient cause either by reported complaint or visual observation of violations of this chapter, and for that purpose may enter buildings (public or private), structures and premises, during reasonable hours, in order to enforce the provisions of this chapter. In the event any owner or occupant of any premises shall refuse entry for inspection purposes, the Health Committee or its authorized representative, may obtain a special inspection warrant under § 66.0119, Wis. Stats. An enforcing officer may exercise the following duties and powers:

A. Advise any person, firm, company or corporation as to the provisions of this chapter and assist them in compliance with the same.

B. Inspect properties and issue orders for compliance with this chapter.

C. Keep records of all inspections made and all other official actions taken.

D. Report violations of this chapter and other applicable regulations to the Health Committee and to the Corporation Counsel.

§ 213-7 Interpretation, purposes and conflict.

The provisions of this chapter shall be held to the minimum requirements for the promotion of the public health safety, morals, comfort and general welfare. It is not intended by this chapter to interfere with, abrogate, annul or repeal any ordinance, resolution, rule or regulation heretofore adopted which does not conflict with the provisions of this chapter.