[Amended 12-6-2004 by Ord. No. 1879]
As used in this article, the following terms
shall have the meanings indicated:
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.
The Shorewood Health Officer as defined in § 44-9 of the Village Code.
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.
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 with a twenty-four-hour period,
to prevent possible severe damage to human health and/or the environment.
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.
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.
To affix a written notice to the main entrance of a dwelling
stating that the dwelling has been declared unfit for human habitation.
The contaminating or rendering unclean or impure of 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.
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.
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 of Wisconsin.
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.
Any chemical and/or biological material that is or has the
potential to create a human health hazard.
A.Â
Title. This article shall be referred to as the "Village
Human Health Hazard and Public Health Nuisance Ordinance."
B.Â
Administration. This article shall be administered
by the Health Officer or the Health Officer's designee. The Health
Officer or designee shall have the power to ensure compliance with
the intent and purpose of this article by any means possible under
the law, including authority to request that the Police Department
issue citations for violations of this article pursuant to § 800.02(2),
Wis. Stats.
C.Â
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 a repeal of any other Village
ordinance that imposes a stricter or greater requirement.
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 Village and to:
A.Â
Prevent communicable diseases.
B.Â
Prevent the continuance of human health hazards or
public health nuisances.
C.Â
Assure that Village and state air quality standards
are complied with.
D.Â
Assure that insects and rodents do not create human
health hazards.
E.Â
Assure that surface water and groundwater meet Village
and state standards and regulations.
F.Â
Assure that solid waste is handled, stored, and disposed
of according to Village and state standards and regulations.
G.Â
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.Â
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.
A.Â
General provisions. This article shall be interpreted,
administered, and enforced by the Health Officer.
B.Â
Powers. The Health Officer or designee shall have
all the powers necessary to enforce the provisions of this article,
without limitation by reason of enumeration, including the following:
(1)Â
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 Shorewood ordinances or state
statutes exists
(2)Â
To order abatement and/or corrections of any human
health hazard/public nuisance in violation of this article or state
statutes.
(3)Â
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)Â
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.Â
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 Article V of this chapter.
B.Â
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 or her property.
C.Â
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)Â
Unburied carcasses. Carcasses of animals, birds, or
fowl not buried or otherwise disposed of in a sanitary manner within
24 hours after death.
(2)Â
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)Â
Air pollution. The escape of smoke, soot, cinders,
noxious acids, fumes, gases, fly ash, or industrial dust within the
Village or within one mile therefrom in such quantities as to endanger
the health of persons of ordinary sensibilities or to threaten or
cause substantial injury to property within the Village.
(4)Â
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)Â
Solid waste. Any solid waste which is stored or disposed
of in a manner which may pose a human health hazard.
(6)Â
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)Â
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)Â
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)Â
Holes or openings. All abandoned wells or openings
in the ground not securely covered or secured from public access and
use.
(10)Â
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)Â
Food conditions. All decayed, harmfully adulterated
or unwholesome food or drink sold or offered for sale to the public.
(12)Â
Animals. Wild animals or wild animal hybrids kept
as domestic pets within the Village limits.
(13)Â
Other. Any other substance, activity or condition
determined to meet the definition of a "human health hazard."
D.Â
Public health nuisances enumerated. The following
acts, omissions, places, conditions, and things are hereby specifically
declared to be public health nuisances, but such enumeration shall
not be construed to exclude other nuisances from within the definition
of "public health nuisance" in this article:
(1)Â
Privy vaults. No privy vaults or cesspools shall be
constructed or maintained.
(2)Â
Bird feeding. Feed for birds shall not be placed where
it would attract rodents or other animals.
(3)Â
Animal waste. Every animal owner shall dispose of
the animal's fecal matter and other waste in a sanitary manner as
often as may be necessary to prevent any unhealthy or unsanitary accumulation
of such matter and/or waste.
(4)Â
Noxious weeds. All noxious weeds and other rank growth
of vegetation.
(5)Â
Miscellaneous. Failure to comply with any law or rule
regarding sanitation and health, including but not limited to:
A.Â
The Health Officer 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 or designee.
(1)Â
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)Â
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 occupants
or public.
(3)Â
All or portions of a dwelling to the extent that they
are proven to be uninhabitable by virtue of a serious and imminent
threat to human health from exposure to lead or asbestos.
B.Â
No person shall continue to occupy, rent or lease
quarters for human habitation which are declared unfit for human habitation
by the Health Officer or designee.
C.Â
Any dwelling or dwelling unit condemned as unfit for
human habitation and so designated and placarded by the Health Officer
or designee shall be vacated within a time specified by the Health
Officer or designee.
D.Â
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 or designee. The Health Officer
or designee shall remove such placard whenever the defect or defects
upon which the condemnation and placarding were based have been eliminated.
E.Â
No person shall deface or remove the placard from
any dwelling or dwelling unit which has been condemned as unfit for
human habitation.
F.Â
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 Shorewood Board of Appeals.