The Ordinance shall be administered by the Health Officer, the
Board, the Department and other local units of government.
The provisions of the Ordinance shall be held to be the minimum
requirements and shall not be deemed a limitation or repeal of any
power granted by Wisconsin Statutes, Wisconsin Administrative Code
or other applicable law.
[Amended 10-9-2019 by Ord. No. 2019-12; 12-14-2022 by Ord. No. 2022-7]
A. Incorporation
of statutes and regulations. All provisions relevant to the performance
of the Department's duties as local agent of DATCP and DSPS, including
definitions, found in § 66.0417, Wis. Stats., Chapters 97
and 463, Wis. Stats., and Wis. Admin. Code ATCP Chapters 72, 73, 74,
75, 76, 78, 79 and SPS Chapters 221 and 390, as amended, are incorporated
herein by reference.
B. Entry
by local agent. Employees of the Washington Ozaukee Public Health
Department shall be permitted to enter, at any reasonable hour and
upon the presentation of proper identification, any facility in Washington
or Ozaukee County for which a license is required by this Ordinance
to inspect the facility for any purpose stated in Wis. Stats. §§ 66.0417(1),
97.12(1) and Chapters ATCP Subsections 72.06(1), 73.06(1), 74.02(1),
74.08, 74.10, 75.106(1), 75.206(1), 76.07(1), 78.07(1), 79.07(1) and
Chapter SPS Subsection 221.06(1), as amended.
C. License
required.
(1) No Person shall operate a hotel, motel, tourist rooming house, bed-and-breakfast
establishment, retail food establishment, campground, recreational
or educational camp, public pool, tattoo or body piercing establishment
in Washington or Ozaukee County without first obtaining a license
from the Department, unless an exemption applies.
(2) Any license issued pursuant to this Ordinance must be posted in a
place visible to the public and may not be altered or defaced.
(3) Any Person operating any of the facilities listed in Subsection
C(1) without a valid license shall be subject to the imposition of a fee for operating without a license in addition to all other applicable fees and charges pursuant to the schedule referenced in §
8-6H herein.
D. License
transfers. Licenses are only transferable as allowed by applicable
Wisconsin Statute or Administrative Code provision.
E. Application
process.
(1) A license applicant shall complete an application with an employee
of the Department or complete the application form furnished by the
Department, pay all applicable fees and provide any proof, information,
inspection reports, approvals, documentation or statements required
by any applicable Wisconsin Statute or Administrative Code provision.
(2) The Washington Ozaukee Public Health Department shall issue a license, a conditional license pursuant to Subsection
E(3) or a denial pursuant to Subsection
E(4) within thirty (30) days of receipt of the completed application, fees and required items.
(3) A conditional license shall specify the violations that must be corrected
and the time period within which the corrections must be completed.
If the corrections are not made within the stated time period, or
any extended time period approved by the Department, the license is
void. Inspection and license fees will not be refunded when a conditional
license is voided.
(4) Denials shall be in writing and provide the reasons for the denial
and appeal rights.
F. License
duration. All licenses expire each year on June 30th, except that
a license initially issued during the period beginning on April 1
and ending on June 30 expires on June 30 of the following year.
G. License
renewal. Licenses may be renewed by payment of the annual license
fee before the license expires. If payment is not made by the expiration
date, the applicable late fee shall be paid in addition to the annual
license fee.
H. Fees.
All licensing fees are as set forth on the fee schedule approved and
updated annually by the Board. The allowable fees include license
fees, preinspection fees, reinspection fees, license renewal fees,
transient retail food serving meals, restaurant set-up fees, late
fees and fees for operating without a license. The fee schedule is
available on the Department's website at washozwi.gov.
I. Voided
license. Licenses may be voided for failure to pay any applicable
fee pursuant to the procedures of applicable Wisconsin Statute or
Administrative Code provision.
J. General
orders to correct violations. Orders to correct violations may be
issued by the Department according to the procedures of the applicable
Wisconsin Statute or Administrative Code provision.
K. Temporary
orders to correct violations. The Department may issue temporary orders
to correct violations of any applicable Wisconsin Statute or Administration
code provision pursuant to the procedures in Wis. Stat. 66.0417, as
amended.
L. Suspension
and revocation of licenses. The Department may suspend or revoke a
license if an order to correct violations is not complied with in
the time period stated or any extended time period agreed upon by
the Department. Suspension and revocation notices shall be in writing
and contain a notice of right to request a hearing before the Board.
Suspensions and revocations will take effect 15 days after issuance
of the notice unless the applicant or operator requests a hearing
within the same 15 day time period.
The Health Officer may refer violations of this Ordinance to
the County Corporation Counsel located in the County having jurisdiction
over the property for the filing of forfeiture and injunction actions.
The provisions of this Ordinance shall be deemed severable and
it is expressly declared that the Board would have passed the other
provisions of this Ordinance irrespective of whether or not one or
more provisions may be declared invalid and if any provision of this
Ordinance or the application thereof is held invalid, the remainder
of the Ordinance and the application of such provisions shall not
be affected thereby.