[HISTORY: Adopted by the Town Board of the Town of Pacific
as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-18-2012 by Ord. No. 2012-7]
This article is adopted pursuant to the authority granted town
boards under § 60.55(2)(b), Wis. Stats., which allows towns
to recover the costs of fire calls made to property within the Town.
This article supersedes and replaces Ordinance No. 95-1.
The Town of Pacific, Columbia County, Wisconsin, hereby imposes
a charge for each fire call made within the limits of the Town of
Pacific. Such fee shall be equal to the actual cost to the Town for
the fire call. If the call is to real estate located within the Town,
the charges shall be imposed on all owners of the real estate to which
the particular fire call is made. In the event that a fire call is
not made to real estate located within the Town, but is instead made
to personal property, such as a vehicle, the charges provided for
under this article shall be imposed on all owners of such personal
property.
The fire call charges provided for in this article shall be
paid in full to the Clerk of the Town of Pacific no later than 60
days after the date of the fire call. Failure to pay the bill within
60 days will result in interest being charged at the rate of 1 1/2%
per month from the date of the bill. Those bills for fire calls to
real estate, including interest, that remain outstanding for more
than 90 days, as of November 1 of any year, shall become a lien against
the real estate and shall be placed on the tax roll as a delinquent,
special charge under § 66.0627, Wis. Stats.
The Town of Pacific contracts with the Portage Fire Department
to provide fire protection services in the Town. Any property owner
requesting fire protection directly from any fire department, other
than the department contracted to serve that portion of the Town,
shall be responsible for the full costs billed to the Town resulting
from the fire call. This section shall not apply to the costs of any
other fire department responding at the request of an authorized department
under a mutual aid agreement.
When the Town incurs a charge for a fire department responding
to a fire call regarding a vehicle fire on any road located within
the Town, then a fee equal to the amount of that charge is hereby
imposed upon the person to whom the fire call was provided. The Town
may then proceed against that person and that person's insurer, as
provided in § 60.557, Wis. Stats., and as otherwise provided
under Wisconsin law, to collect that fee. That fee shall be paid in
full no later than 60 days after the Town submits a billing covering
the fee owed to the Town.
[Adopted 10-16-2018 by Ord. No. 2018-1]
The purpose of this article is to provide for fire inspections
and for the enforcement of regulations and orders relating to fire
prevention.
Annual fire prevention inspections. Except as otherwise provided
in this article, all public buildings, structures and premises shall
be inspected semiannually or annually as provided by law (as defined
by § 101.01, Wis. Stats.), by the fire department with which
the Town contracts for fire protection services (hereinafter the "Fire
Department") for the purpose of ascertaining and causing to be corrected
any conditions liable to cause fire or any violation of any laws or
lawful orders relating to fire prevention.
A.
In the event a public building, structure or premises must be reinspected
as a result of deficiencies identified in the annual fire prevention
inspection, the property owner shall be charged a fee for the reinspection
and subsequent reinspection(s) based upon a fee schedule adopted by
resolution of the Town Board from time to time which establishes the
fees for the reinspections.
B.
The reinspection fee shall constitute a special charge against the
property under § 66.0627, Wis. Stats., and shall be placed
on the annual tax roll for collection as a special charge. All rules
and regulations related to the collection of real estate taxes shall
apply.
C.
All buildings, structures and premises owned by the Town of Pacific,
County of Columbia, the State of Wisconsin, or the United States government
shall be exempt from this fee.
A.
Buildings, structures, and premises except:
B.
Buildings, structures and premises not exempt. Subsection A above notwithstanding, if any building structure or premises is especially liable to fire; or is so situated as to endanger other buildings or property; or contains any combustible or explosive material dangerous to the safety of any building, structure or premises or the occupants thereof; or due to any physical condition that extraordinarily endangers or hinders firefighters in case of fire, then such building, structure or premises shall not be exempt.
A.
Right of entry. The Chief of the Fire Department, any inspector of
the Fire Department or any authorized member of the Fire Department
may, at all reasonable hours, enter any building or premises covered
under this article for the purpose of making any inspection or investigation
which, under the provisions of this article and/or other applicable
fire prevention codes and regulations, is deemed necessary.
B.
Failure to permit entry for purposes of inspection. Any person who
refuses to permit, or prevents or interferes with any entry into or
upon the premises by any such inspector, or interferes with any such
inspection shall be deemed guilty of violating this section and shall
be punished as provided in this article.
A.
Enforcement
of Code compliance. The Chief of the Fire Department, or his/her designee,
is hereby empowered to enforce compliance with the regulations of
this article and all other laws and lawful orders relating to fire
prevention and fire protection in all buildings and structures governed
by this article.
B.
Closure
of buildings or structures. The Chief of the Fire Department, or his/her
designee, is hereby empowered and directed to close any building or
structure, and order it vacated, where violations of any regulations
of this article are found and not corrected within a reasonable period
of time as stipulated by the Fire Chief or by his/her designee.
C.
Emergency
closure of buildings or structures. Where the public is exposed to
immediate danger, the Chief of the Fire Department or his/her designee,
is empowered and directed to order the closing and vacating of the
building, structure or premises at once.
A.
Enforcement of Code compliance. The Chief of the Fire Department,
or his/her designee, is hereby empowered to enforce compliance with
the regulations of this article and all other laws and lawful orders
relating to fire prevention and fire protection in all buildings and
structures governed by this article.
B.
Closure of buildings or structures. The Chief of the Fire Department,
or his/her designee, is hereby empowered and directed to close any
building or structure, and order it vacated, where violations of any
regulations of this article are found and not corrected within a reasonable
period of time as stipulated by the Fire Chief or by his/her designee.
C.
Emergency closure of buildings or structures. Where the public is
exposed to immediate danger, the Chief of the Fire Department, or
his/her designee, is empowered and directed to order the closing and
vacating of the building, structure or premises at once.
A.
Service of order(s). Whenever it may be necessary to serve an order
upon the owner of a premises, such order may be served either by delivery
to and leaving with the said person a copy of the said order, or if
such person cannot be found, such order may be mailed to the owner's
last known post office address.
B.
Issuance of order. As to buildings, structures or other premises
owned by one person and occupied by another, under lease or otherwise,
the orders issued in connection with enforcing provisions set forth
in this article and/or other applicable fire prevention codes and
regulations shall apply to the owner and occupant thereof, except
where the order requires the making of additional changes in the buildings,
structures or premises themselves. In such cases, the orders shall
affect the owner only, unless it is otherwise agreed between the owner
and the occupant.
C.
Compliance with order. Any such order shall be complied with by the
owner and/or occupant of such building, structure or premises within
the time prescribed in such order. The owner or occupant may, within
five days, appeal to the Chief of the Fire Department for a review
of such order, who shall thereafter make the necessary investigation
and decision. Unless such order is revoked or modified by the Chief
of the Fire Department, it shall remain in force and be complied with
within the time prescribed.
A.
Noncompliance. Failure to comply with any orders issued pursuant
to the provisions of this article by the Chief of the Fire Department,
or duly authorized representatives, shall constitute an ordinance
violation, and any person, firm or corporation found guilty of such
violation shall, upon the conviction thereof, be required to forfeit
a sum not less than $100 nor more than $1,000, together with the costs
of the prosecution, and in default of payment thereof, shall be imprisoned
until such forfeiture and costs are paid, but not to exceed 15 days.
B.
Separate offense. Except as otherwise provided in this article, each
and every 24 hours such violation shall continue shall constitute
a separate offense.
A.
Penalties. Any person, firm or corporation found guilty of a violation
of any section of this article for which a specific penalty is not
herein provided shall, upon conviction thereof, be required to forfeit
the sum of not less than $100 nor more than $1,000, together with
the costs of the prosecution, and in default of payment thereof, shall
be imprisoned until such forfeiture and costs are paid but not to
exceed 30 days.
B.
Separate offense. Each and every 24 hours such violation shall continue,
except as otherwise provided in this article, shall constitute a separate
offense.
Should any section, subsection, paragraph, sentence, clause,
phrase or work of this article be declared for any reason to be invalid
or unconstitutional, the remainder of the Chapter shall not be affected
thereby and shall continue in full force and effect.
