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Chapter 3.11, Page 37 3.11 PUBLIC HEALTH ORDINANCE THE BOARD OF SUPERVISORS OF DOUGLAS COUNTY DOES ORDAIN AS FOLLOWS: SECTION I. AUTHORITY Pursuant to the authority of Chapters 32, 66, 250 through 254 and 280, Wisconsin Statutes, the Douglas County Board of Supervisors does hereby establish rules and regulations regulating Human Health Hazards. SECTION II. PURPOSE AND INTENT General Provisions - The purpose and intent of this ordinance is to protect the public health, safety and general welfare and to maintain and protect the environment for the people and communities of Douglas County and to: A. Prevent communicable diseases. B. Prevent human health hazards. C. Assure that State air quality standards are complied with. D. Assure that insects and rodents do not create human health hazards. E. Assure that solid waste is handled, stored and disposed of according to Douglas County and State standards and regulations. F. Assure that citizens are protected from unhealthy or unsafe substances. G. Provide for the administration and enforcement of this ordinance, and provide penalties for its violation. SECTION III. DEFINITIONS The following definitions apply throughout the entire Ordinance: A. County - means Douglas County, Wisconsin. B. Groundwater - all water found beneath the surface of Douglas County, whether located in sand, gravel, lime rock, or sandstone geological formations or any combination of these formations. ---PAGE BREAK--- Chapter 3.11, Page 38 C. Human Health Hazard - means 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. D. Douglas County Health Officer - means the Douglas County Health Officer or Environmental Health Specialist II or other health professional. E. Immediate Health Hazard - a condition which exists or has the potential to exist which should, in the opinion of the Health Officer, be abated or corrected immediately, or at least within a 24 hour period, to prevent possible severe damage to human health and/or the environment. F. Municipality - means any political unit, such as a city, township, or village, incorporated for local self-government within the limits of Douglas County. G. Ordinance - means the ADouglas County Public Health Ordinance". H. Person - means any individual, firm, corporation, society, institution, public body or any other entry. I. Pollution - the contaminating or rendering unclean or impure the land or waters of Douglas County, or making the same injurious to public health harmful for commercial or recreational use or deleterious to fish, bird, animal or plant life. J. Solid Waste - means 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 does not include solids or dissolved material in waste water effluent or other common water pollutants. K. State - means State of Wisconsin L. Structure, Dwelling or Building - means a building or structure having walls and a roof erected or set upon an individual foundation or slab constructed base designed or used for the housing, shelter, enclosure, or support of persons, animals or property of any kind. This definition includes manufactured or mobile homes. M. Toxic and Hazardous Materials - any chemical and/or biological material that is or has the potential to create a public health hazard. N. Waste Water - means water contaminated by waste materials, urine, feces, toilet paper, other human bodily fluids or waste water from washing or cleaning, or any other material intended to be deposited in a receptor of human waste, industrial waste, sludge, sewage or any combination thereof. ---PAGE BREAK--- Chapter 3.11, Page 39 SECTION IV. INTERPRETATION Interpretation - The provisions of this ordinance shall be interpreted to be minimum requirements and shall be liberally construed in favor of Douglas County and shall not be deemed a limitation or repeal of any power granted by the Wisconsin Statutes. SECTION V. JURISDICTION The jurisdiction of this ordinance shall include all land and water (both surface and ground) within Douglas County but shall not apply within the corporate limits of any municipality that has a full-time health department. SECTION VI. COMPLIANCE Written Orders - Compliance with this ordinance shall include compliance with written orders issued under this ordinance or State Health Laws by the Douglas County Health Officer to abate and/or correct a human health hazard or bring any other situation or condition in noncompliance with this ordinance into compliance. SECTION VII. SEVERABILITY AND REPEAL A. Severability - Each section, paragraph, sentence, clause, word and provision of this ordinance is severable, and if any provisions shall be held unconstitutional or invalid for any reason such decisions shall not affect the remainder of the ordinance nor any part thereof other than that affected by such decision. B. Repeal - All other ordinances or parts of ordinances of Douglas County inconsistent or conflicting with this ordinance to the extent of the inconsistency only, are hereby repealed. SECTION VIII. ADMINISTRATION A. General Provisions - The Public Health Ordinance shall be administered, and enforced by the Douglas County Health Officer. B. Powers - The Health Officer shall have all the powers necessary to enforce the provisions of this ordinance without limitation by reasoning of enumeration including the following: May enter during reasonable business hours, any entity, business, facility or other required to be licensed by the State, for the purpose ---PAGE BREAK--- Chapter 3.11, Page 40 of performing duties under this ordinance or other law. Upon consent of the owner, agent or occupant, or by order of the court pursuant to ' 66.019, Stats., may enter at a reasonable time, any structure, dwelling or premises for the purpose of performing duties under this ordinance or other law. To order abatement and/or correction of any human health hazard in compliance with this ordinance or State Statutes. To delegate the responsibilities of administration and enforcement of this ordinance to a registered environmental health sanitarian or another person qualified in the field of public health. To initiate any other action authorized under law or this ordinance to insure compliance with the purpose and intent of this ordinance and the requirements of this ordinance. SECTION IX. PUBLIC HEALTH HAZARD A. Human Health Hazard prohibited - No person shall erect, construe, cause, continue, maintain, or permit any human health hazard within Douglas County. Any person who shall cause, create or maintain a human health hazard or who shall in any way aid or contribute to the causing, creating or maintenance thereof, shall be guilty of a violation of this Ordinance, and shall be liable for all costs and expenses attendant upon the removal and correction of such hazard and to the penalty provided in this ordinance. B. Responsibility of Property Owner - It shall be the responsibility of the property owner, agent or occupant 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 that has been determined to exist on their property. C. Human Health Hazard Enumerated - Specifically, but not limited by enumeration, the following are human health hazards if determined to meet the Human Health Hazard definition of this ordinance: Unburied Carcasses - Carcasses of animals, birds, or fowl not intended for human consumption, use or food, which are not buried or otherwise disposed of in a sanitary manner within the time period specified by the Health Officer or as required by Section 95.50, Stats. Carcasses of animals, birds, or fowl, whether or not intended for human consumption, use or food, shall be handled, stored or disposed of in a manner which does not create a human health hazard. ---PAGE BREAK--- Chapter 3.11, Page 41 Manure - Accumulations of the bodily waste from all domestic animals and fowl that are handled, stored, or disposed of in a manner that creates a health hazard. Solid Waste - Any solid waste which is stored or disposed of in a manner which may pose a Human Health Hazard as defined in this ordinance. Toxic and Hazardous Material - Any chemical and/or biological material that is stored, used, or disposed of in such quality or manner that it is, or has, the potential to create a public health hazard. Waste Water - The presence of waste water or sewage effluent from buildings on the ground surface, backing up into a building, dwelling or structure, running into a surface water, and/or into ground water, caused by a damaged, malfunctioning, improperly constructed, or inadequately maintained private sewage system, or private sewage lateral. Also, any waste water or sewage effluent that is not handled and disposed of in compliance with all applicable County and State codes. Groundwater Pollution - Addition of any chemical and/or biological substance that would cause groundwater to be unpalatable or unfit for human consumption. These substances include but are not limited to, the chemical and/or biological substances listed in Chapter NR 140 of the Wisconsin Administrative Code. Holes or Openings - Any hole or opening caused by an improperly abandoned cistern, septic tank, dug well, or any other improperly abandoned barricaded or covered up excavation. Nonfunctional Public Building Fixtures - Nonfunctioning water supply systems, toilets, urinals, lavatories or other fixtures considered necessary to insure a sanitary condition in a public building. Unhealthy or Unsanitary Condition - Any condition or situation which renders a structure or any part thereof unsanitary, unhealthy and unfit for human habitation, occupancy or use, or renders any property unsanitary or unhealthy. (10) Other - Any other situation determined to meet the definition of a Human Health Hazard as per this ordinance. ---PAGE BREAK--- Chapter 3.11, Page 42 D. Investigation of Possible Human Health Hazard - The Health Officer shall investigate all potential human health hazards and shall determine whether or not a human health hazard exist. E. Abatement, Correction and Enforcement - Abatement, correction and enforcement of a human health ordinance will be according to the provisions of this ordinance. SECTION X. DESIGNATION OF HOUSING AS HUMAN HEALTH HAZARD A. The Health Officer may condemn, or deem as unfit for human habitation and cause to be placarded any structure, dwelling or dwelling unit found to have any of the following defects: A structure or dwelling which is so damaged, decayed, dilapidated, unsanitary, unsafe, or vermin infested that it creates a serious hazard to the health or safety of the occupants or the public. A structure or dwelling, because of its general condition or location, is unsanitary or otherwise dangerous to the health or safety of the occupants or the public. A structure or dwelling, because of its condition, has been implicated as the source of a confirmed case of lead poisoning or asbestosis. B. No person shall continue to occupy, rent or lease quarters for human habitation which have been condemned, or declared unfit for human habitation by the Health Officer. C. Any structure, dwelling or dwelling unit condemned as unfit for human habitation, and so designated and placarded by the Health Officer, shall be vacated within a reasonable time, as specified by the Health Officer. D. No structure or 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 such placard is removed by, the Health Officer. The Health Officer shall remove such placard whenever the defect or defects upon which the condemnation and placarding were based have been inspected and verified as eliminated. E. No person shall deface or remove the placard from any structure, 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 ---PAGE BREAK--- Chapter 3.11, Page 43 granted a hearing in the matter before the Douglas County Board of Health. G. 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 section, or any rule or regulation adopted pursuant thereto, s/he shall give or cause to be given, notice of such violation to the person or persons responsible therefore. Such notice shall be in writing including a description of the real estate involved, a statement of violations and corrective actions required, and a reasonable time for the performance of any act required. Such notice shall be served upon the owner, and operator or occupant as the case may require, and may be served by certified mail or in the manner provided by Chapter 801, Wisconsin Statutes for service of summons. SECTION XI. ENFORCEMENT A. Written Order - When a violation of this ordinance is encountered the Health Officer shall issue the violator a written order, served personally or by registered mail to the owner, and tenant if applicable, with return receipt requested. This order shall specify the following: The nature of the violation and the steps needed to abate and/or correct it. The time period in which the violation must be corrected and/or abated (usually 30, 60 or 90 days depending on the nature of the violation). The penalty the violator would be subject to if the apparent violation is not abated and/or corrected within the given time period. B. Exceptions to Written Order - In extreme cases where a violation poses an immediate health hazard as determined by the Health Officer or in the case of repeating occurrences of the same violation by the same person, the action(s) specified in the subsection below can be initiated immediately. C. Noncompliance with Order - If a person does not comply with a written order from the Health Officer the person may be subject to one or more of the following actions and/or penalties. Issuance of a citation. Commencement of legal action seeking a court imposed forfeiture. Commencement of legal action seeking an injunction to abate the violation and/or correct the damage created by the violation. ---PAGE BREAK--- Chapter 3.11, Page 44 Any other action authorized by this ordinance or by other applicable laws as deemed necessary by the Health Officer. The initiation of one action or penalty under this section does not exempt the apparent violator from any additional actions and/or penalties listed in this section. D. Abatement and Penalties. Abatement or Removal of Health Hazards - If the human health hazard is not abated or removed by the date specified, the Health Officer or other health professional shall immediately enter upon property and abate or remove the human health hazard. The cost of the abatement or removal may be recovered from the person permitting the violation, or may be paid by the County Treasurer, and the account, after being paid by the County Treasurer, shall be filed with the County Clerk, who shall enter the amount chargeable to the property in the next tax roll in a column headed "For Abatement of a Human Health Hazard" as a special tax on the lands upon which the human health hazard was abated and the tax shall be collected as are other taxes. Penalties - Anyone maintaining such a human health hazard may also be subject to forfeiture of up to $500 in addition to court costs. A separate offense may be deemed committed during each day during or upon which a violation occurs or continues. E. Initiation of Legal Action - Legal action shall be initiated against a violator, as requested by the Health Officer in cases where an injunction to correct and/or abate a violation is being sought, or where a court-imposed forfeiture is being sought. SECTION XII. RIGHT TO APPEAL Any person aggrieved by a decision of the Health Officer under this ordinance shall have the right of appeal pursuant to Chapters 68 or 227 of the Wisconsin Statutes. The Health Officer shall provide to any person aggrieved detailed notice of that person=s rights to appeal and the appeal procedures. SECTION XIII. EFFECTIVE DATE Following passage and publication by the Douglas County Board of Supervisors this ordinance shall be in full force and effect. ---PAGE BREAK--- Chapter 3.11, Page 45 SECTION XIV. ADOPTION Passed and approved by the Douglas County Board of Supervisors this 15th day of July, 2004. Dated this 15th day of July, 2004.