Village of Whitefish Bay, WI
Milwaukee County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
[Adopted as Sec. 10.17 of the Codification]
As used in this article, the following terms shall have the meanings indicated:
DESIGNEES
Such persons named by the Health Officer to assist in the enforcement of this article as well as the Village Building Inspection and Police Departments acting in consultation with the Health Officer or his or her named designee where practicable.
GROUNDWATER
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.
HEALTH OFFICER
Includes the Village Health Officer designated pursuant to this chapter, or his or her designees.
HUMAN HEALTH HAZARD
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.
IMMEDIATE HEALTH HAZARD
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.
ORDINANCE
The "Human Health Hazard and Public Health Nuisance Ordinance."
OWNER
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.
PERSON
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.
PLACARD
To affix a written notice to the main entrance of a dwelling stating that the dwelling has been declared unfit for human habitation.
POLLUTION
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.
PUBLIC HEALTH NUISANCE
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.
SOLID WASTE
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.
STATE
State of Wisconsin.
STRUCTURE or BUILDING
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.
TOXIC AND HAZARDOUS MATERIALS
Any chemical and/or biological material that is or has the potential to create a human health hazard.
VILLAGE
The Village of Whitefish Bay.
A. 
Title. This article shall be referred to as the "Village Human Health Hazard and Public Health Nuisance Ordinance."
B. 
Administration. This article shall be administered by the Health Officer. The Health Officer shall have the power to ensure compliance with the intent and purpose of this article by any means possible under the law, including but not limited to the authority to issue or to request that the Police Department or Building Inspector issue citations for violations of this article pursuant to § 800.02(2), Wis. Stats.
C. 
Interpretation. The provisions of this article 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 article is adopted pursuant to the authority granted by Chapters 251 and 254 of the Wisconsin Statutes.
A. 
General provisions. The purpose and intent of this article 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:
(1) 
Prevent communicable diseases.
(2) 
Prevent the continuance of human health hazards or public health nuisances.
(3) 
Assure that Village and state air quality standards are complied with.
(4) 
Assure that insects and rodents do not create human health hazards.
(5) 
Assure that surface and groundwater meet Village and state standards and regulations.
(6) 
Assure that solid waste is handled, stored, and disposed of according to Village and state standards and regulations.
(7) 
Assure that persons are protected from hazards, and unhealthy or unsafe substances.
The jurisdiction of this article shall include all air, land and water (both surface and ground) within the Village.
A. 
Written orders. Compliance with this article shall include compliance with written orders issued under this article 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 article into compliance.
B. 
Noncompliance. Noncompliance with the article and/or with a written order from the Health Officer shall be cause for enforcement action under this article.
A. 
General provisions. This article shall be interpreted, administered, and enforced by the Health Officer.
B. 
Powers. The Health Officer shall have all the powers necessary to enforce the provisions of this article without limitation, including but not limited to 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 article or state statutes exists.
(2) 
To order abatement and/or corrections of any human health hazard/public nuisance in violation of this article or state statutes.
(3) 
To delegate the responsibilities of administration and enforcement of this article 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 article to ensure compliance with the purpose and intent of this article and requirements of this article.
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 article and shall be liable for all costs and expenses attendant upon the removal and correction of such human hazard/public nuisance and to the penalty provided in 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 their 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, gasses, 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 article:
(1) 
Privy vaults. Construction and maintenance of privy vaults and cesspools.
(2) 
Bird feeding. Feed for birds that is placed attracts rodents or other animals.
(3) 
Animal waste. Any unhealthy or unsanitary accumulation of animal fecal matter and other waste.
(4) 
Noxious weeds. All noxious weeds and other rank growth of vegetation.
(5) 
Miscellaneous. Failure to comply with any law or rule regarding sanitation and health, including, but not limited to:
(a) 
Plumbing.
(b) 
Water supplies, including wells, and surface water.
(c) 
Waste disposal.
(d) 
Storage or use of chemical, pesticides and herbicides or any other toxic substance.
E. 
Communicable diseases and quarantine and isolation regulations.
[Added 4-20-2020 by Ord. No. 1866]
(1) 
Communicable diseases; general. The Village Health Officer shall perform all duties prescribed to him or her by the State of Wisconsin and the State Department of Health and Family Services regarding contagious diseases, particularly, but not limited to, Ch. 252, Wis. Stats., and Ch. HFS 145, Wis. Adm. Code, and "local health officer," as used within the Wisconsin Statutes and Wisconsin Administrative Code, shall mean the Village Health Officer, all such statutes and code provisions pertaining to contagious diseases being specifically incorporated herein by reference, as amended from time to time, and as such constituting local direction and authority for the Village Health Officer, Health Department and Board of Health.
(2) 
Control, isolation and quarantine measures for communicable diseases other than tuberculosis. The Village Health Officer shall undertake such measures for the control of communicable diseases, other than tuberculosis, but also including those diseases as are specifically set forth in Appendix A to Ch. HFS 145, Wis. Adm. Code, as set forth under § 252.06, Wis. Stats., and § 145.06, Wis. Adm. Code, specifically, but not limited to, measures to direct a person known to have or suspected of having a contagious disease to participate in such programs, tests, evaluations, conduct cessation, isolated or segregated residence, placement and the like as set forth under § 145.06(4), Wis. Adm. Code, and in the absence of compliance with such directive, to petition a court of record to order compliance with such directive as set forth under § 145.06(5), Wis. Adm. Code.
(3) 
Control, isolation and quarantine measures for tuberculosis. The Village Health Officer shall undertake such measures for the control of tuberculosis, as set forth under § 252.07, Wis. Stats., and § 145.10, Wis. Adm. Code, specifically, but not limited to, measures to order the confinement to a facility of an individual having or suspected of having tuberculosis, upon those conditions set forth under § 252.07(8)(a), Wis. Stats., and § 145.10(6)(d), (e) and (f), Wis. Adm. Code, and to petition the court for an extension of such confinement as necessary and pursuant to those conditions set forth under § 252.07(9)(a), Wis. Stats., and § 145.10(7), Wis. Adm. Code.
(4) 
Communicable diseases information to the public and to schools. The Village Health Officer may advise the public and any individual persons of the provisions of this section and the Wisconsin Statutes and the Wisconsin Administrative Code provisions referenced and incorporated herein in order to assist the Health Officer in the performance of duties pertaining to the protection against contagious diseases, including, but not limited to, the provisions of § 252.19, Wis. Stats., providing that no person who is knowingly infected with a communicable disease may willfully violate the recommendations of the local health officer or subject others to danger of contracting the disease, and that no person may knowingly and willfully take, aid in taking advise or cause to be taken a person who is infected or is suspected of being infected with a communicable disease into any public place or conveyance where the infected person would expose any other person to danger of contracting the disease. The Village Health officer may further specifically advise schools, teachers, school nurses and principals of the provisions of § 252.21, Wis. Stats., providing in part at Subsection (1), that a local health officer should be notified of the existence or suspicion of the existence of the presence of a communicable disease in a school, and the provisions of Subsection (6) thereof, providing in part that any teacher, school nurse or principal may send home pupils who are suspected of having a communicable disease or any other disease the State Department of Health and Family Services specifies by rule.
(5) 
Violations. Any person who willfully violates or obstructs the execution of any term or provision of this section and any state statute, order, code or rule, county or Village ordinance, or departmental order under this section, Ch. 252, Wis., Stats., and/or Ch. HFS 145, Wis. Adm. Code, relating to the public health, for which no other penalty prescribed, shall, in addition to being subject to all other legal and equitable actions and relief available to the Village of Whitefish Bay, be subject to the penalty provisions set forth in this section and under § 17-18 of the Village of Whitefish Bay Municipal Code.
A. 
The Health Officer 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.
(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 eminent 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.
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 time 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 the placard is removed by, the Health Officer. The Health Officer, Building Inspector, 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 any 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 Board of Appeals.
A. 
Issuance of written order.
(1) 
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 article, or any rule or regulation adopted pursuant thereto, he/she shall issue the violator a written order to include:
(a) 
A description of the real estate involved.
(b) 
A statement of violations and corrective actions required.
(c) 
A reasonable time limit for the performance of any corrective act required.
(d) 
That if the violation is not corrected within the time set forth, that 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.
(2) 
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, Wisconsin Statutes, for service of summons.
B. 
Exception to written order. In cases where a violation poses an immediate health hazard to the public as determined by the Health Officer, the Health Officer can take all reasonable steps to abate the hazard without a written order.
C. 
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 article, the Health Officer shall have the power to abate human health hazards and recover the cost of such abatement in accordance with § 254.59 of the Wisconsin Statutes, which is adopted by reference herein and made a part of this article as if fully set forth.