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<br /> _ORDINANCE NO 91-1 notice has not been complied with such non-
<br /> compliance shall be reported to the Committee
<br /> An ordinance prescribing and providing J All decaved, adulterated or unwhole- or Chair of Junsdicrion for such action as may
<br /> ptnalties for creating and maintaining certain some food or drink sold or offered for sale to be necessary, and deemed advisable in the
<br /> HEALTH AND ENVIRONMENTAL the public. nine of the Committee to abate and enjoin the
<br /> HAZARDS. K Any animal which molests humans in any further continuation of said nuisance. if entry
<br /> The Board of Supervisors for Burnett unprovoked circumstances including, but not into am building to inspect,remove or abate a
<br /> County. Wisconsin, in assembly on the 21st limited to,passers-by on public right-of-w•ey. nuisance is refused, the officers charged with
<br /> day of March 1991.do ordain as follows: enforcement of this ordinance shall obtain a
<br /> IIL DESIGNATION OF UNFIT warrant prior to entry, by following the
<br /> 1. PURPOSE AND NT DWEL MGS AND STRUCTURES procedure set forth in S 146.14(3).
<br /> General Provisions-The purpose and intent Any dwelling or structure found to have any
<br /> of this ordinance is to protea the public health of the following defects shall be condemned as VT PENALTIES:
<br /> safety and general welfare and to maintain and unfit for human habitation and shall be so A Abatement of Nuisance- If, after service
<br /> protea the environment for the people and the designated: of notice,the person served fails to abate the
<br /> communities of Burnett County,and to: A- One which is so damaged, decayed, nuisance or male the necessay repairs,
<br /> A. Prevent communicable diseasedilapidated, unsanitary, unsafe or vermin- alterations or changes in accordance with the
<br /> B. Prevent the continuance of public infected that it creates a serious hazard to the order of the Committee of jurisdiction,the said
<br /> nuisances. health or safety of the occupants or of the Committee may cause such nuisance to be
<br /> C. Assure that insects and rodents do not public. abated at the expense of the Board and recover
<br /> create a public nuisance and/or health hazard. B. One which lacks sanitation facilities or such expenditure against the person or persons
<br /> D. Assure that surface and groundwater licensed prima adequate to protect the health or served,or,if service has been had upon owner
<br /> meet County and State standards and safety of the occupants or of the public. or occupant, by ordering the Clerk to extend
<br /> regulations such sum as a special tax against the propem
<br /> E. Assure that solid waste is handled. IV. ENFORCEMENT upon which the nuisance existed and to certify
<br /> stored and disposed of according to State It shall be the duty of the County Board by the same to the County for collection in the
<br /> standards and regulations. and through its Health, Zoning and Law same manner as taxes and special assessments
<br /> F. Assure that citizens are protected from Enforcement Committees to enforce the are certified and collected.
<br /> hazardous, unhealthy,or unsafe substances provisions of this ordinance and are hereby, B. Penalties-Am.person who shall cause or
<br /> G. Provide the administration and enforce- delegated authority to enforce the provisions of create a nuisance or permit am,nuisance to be
<br /> ment of Sections 145 and 146, Wisconsin this ordinance,including the power to inspect created or placed upon,or to remain upon any
<br /> Statutes, and 1983 Act 410 including private premises, issue orders for abatement, premises owned or occupied by hire,and any
<br /> groundwater and Burnett County Land Use issue citations for violations, and abate person who shall fail to comply with am o,do,
<br /> Ordinances. nuisances. The officers charged with the made under the provisions of this ordinance.
<br /> It is not the intent of this ordinance to enforcement of this ordinance shall take all upon conviction thereof,shall be punished In
<br /> prohibit acceptable farming practices by reasonable precautions to prevent the a forfeiture of not more than $300 together
<br /> farmers as "farmers" is defined by the commission and maintenance of public with the costs of prosecution,and in default of
<br /> Wisconsin Farmland Preservation Law. nuisances. payment thereof may be confined in the
<br /> Burnett County Jail until said forfeiture and
<br /> II. PS BLIC NUISANCES AFFECTING V. ENFORCEMENT PROCEDURE costs are paid,but not to exceed 90 days.
<br /> HEALTH Whenever, in the judgment of the officer
<br /> The following are hereby declared to be charged with enforcement, it is determined VII. APPEAL PROCESS
<br /> public nuisances affecting health: upon investigation that a public nuisance is If anyone believes this order of abatement it
<br /> A. Failure to keep waste,refuse or garbage being maintained or exists within the County, in error,the appeal process may be followed:
<br /> in an enclosed building or property contained such officer: A. Discuss with the appropriate Burner
<br /> in a closed container designed for such A. Shall notify in writing the person County Health, Zoning or Law Enforcement
<br /> purposes. committing or maintaining such nuisance and Officer.
<br /> B. Failure to maintain property so as to shall require him to terminate and abate such B. Bring the matter to the Committee o
<br /> avoid health and safety hazards. nuisance and to remove such conditions or jurisdiction.
<br /> C, Allowing any discharge into the remedy such defects. Said written notice shall C. Bring the matter to the Burnett Count
<br /> enwonment of toxic or noxious materials in be served upon the person committing or Corporation Counsel and Board of Supervisor.
<br /> such concentrations as to endanger the public maintaining such nuisance in person or by of Burnett County.
<br /> health. registered mail. If the premises are not
<br /> D Maintaining excessive numbers of pets occupied and the address of the owner is VIII. SEPARABILITY
<br /> (too many animals for the space as determined unknown,service on the owner may be had by Every section, provision, or part of thi
<br /> by Health Officer or designee)that result in a posting a copy of the notice on the premises. ordinanceis declared separable from even
<br /> health hazard to either the animal or human Said notice shall require the owner or other section, provision, or part; and if an,
<br /> inhabitants or public health. occupant of such premises, or both, to take section,provision or pan hereof shall be hek
<br /> E. Allowing an accumulation of debris or reasonable steps within a reasonable time to invalid, it shall not affect any other section
<br /> salvageable material such as. but not limited abate and remove said nuisance. The provision or part.
<br /> to, metal or glass. maximum time for the removal of said
<br /> F. Accumulation of unused appliances, nuisance after service of said notice shall not in UL CONFLICTING ORDINANCE
<br /> unless designated transfer station. am event exceed thim (30)days. REPEALED
<br /> G. Holes or excavations not property B. May issue a citation for violation of this All ordinances and parts of ordinances that
<br /> posted or barricaded which constitute a safety ordinance at the time the notice is served, or conflict herewith are hereby repealed.
<br /> hazard anytime thereafter, until the order to abate has
<br /> H. Abandoned wells not properly sealed. been complied with. The citation shall be in X.EFFECTIVE DATE
<br /> I Accumulations of decayed animal or the form prescribed by the Corporation This ordinance shall be in full force anti
<br /> vetetabie matter, trash, rubbish, bedding, Counsel and shall specify a forfeiture effect from and after its passage am
<br /> packing material, scrap metal or any material according to the schedule of forfeitures publication as provided by law.
<br /> in which flies, mosquitoes, disease-carrying adopted by the Circuit Judge. The amount of Adopted by the Bumen County Board o
<br /> insects. rats or other vermin can breed, live, the fine shall double upon issuance of a second Supervisors on March 21, 1991,
<br /> nest or seek shelter, exempting private citation for the same offense. Helen Steffen,Count Clerk
<br /> compost piles. When an order to abate as contained in the (March 27).
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