Calumet County Clerk 206 Court Street Chilton, WI 53014 Beth A. Hauser, Clerk Debra Anhalt, Deputy Clerk E-MAIL: HAUSER.BETH@CO.CALUMET.WI.US COUNTY WEBSITE: WWW.CO.CALUMET.WI.US Chilton Phone Number: (920) 849-1458 Appleton Area Phone Number: (920) 989-2700 EXT 458 Fax Number: (920) 849-1469 July 10, 2014 TO THE MEMBERS OF THE CALUMET COUNTY BOARD OF SUPERVISORS: Dear Supervisors: The County Board of Supervisors of Calumet County, Wisconsin, will meet pursuant to Section 59 of the Wisconsin Statutes in an adjourned session on Tuesday, July 15, 2014 at 7:00 P.M. at the Courthouse in the County Board Room 019 to transact any and all business as may properly come before said meeting. You, as a member, are requested to be present. AMENDED AGENDA FOR JULY MEETING 1. Roll Call 2. Pledge of Allegiance 3. Approval of Agenda 4. Approval of Minutes of the June 17, 2014 Meeting 5. Petitions 6. Communications 7. SPECIAL BUSINESS: A. Chair Connors and Vice Chair Gentz will present special certificates to the following County Board Supervisors and citizen members of committees, boards and commissions for years of service: 26 year anniversary: Alice Connors Local Emergency Planning Committee 20 year anniversaries: Alice Connors Administrative Services Committee Kenneth Draheim Highway Committee 10 year anniversaries: David Gasch Zoning Board of Adjustment James Stecker Public Grounds & Property Committee Patrick Laughrin Glacierland Resource and Conservation Development Council Todd Brehmer Veterans Service Commission 5 year anniversaries: Ralph Prescott Chilton Library Board
July 15, 2014 County Board Agenda Page 2 B. Lt. Mark Wiegert will present Run, Hide, Fight active shooter training. C. Dan De Bonis, Finance Director, will present Calumet County Community Statistics. D. Affirmation of the County Board Chair s recommendation to appoint Patrick Laughrin to the 2014-2015 WCA Environment and Land Use Steering Committee. E. Affirmation of the County Board Chair s recommendation to appoint Rock Anderson to the County Deer Advisory Committee, with a term to expire April 19, 2016. F. Set September County Board meeting date (WCA Conference is Sept. 14-16). G. Discuss possible action on Washington County Resolution regarding county supervisor terms of office. 8. Supervisors Reports of Meetings and Seminars Attended 9. Monthly Report of the Interim County Administrator A. Monthly Report. 10. Public Participation 11. RESOLUTIONS: A. RESOLUTION 2014-12 RESOLUTION ACKNOWLEDGING COUNTY BOARD SUPERVISORS, AND CITIZEN MEMBERS OF COMMITTEES, BOARDS AND COMMISSIONS FOR EVERY FIVE (5) CONSECUTIVE YEARS OF SERVICE ON THE COUNTY BOARD OR ITS COMMITTEES, BOARDS OR COMMISSIONS B. RESOLUTION 2014-13 RESOLUTION IN OPPOSITION TO THE PROPOSED LAPSE IN STATE FUNDING TO CIRCUIT COURT SYSTEM C. RESOLUTION 2014-14 RESOLUTION AMENDING THE RULES OF ORDER OF THE COUNTY BOARD, AMENDING THE MEMBERSHIP OF THE INTERNATIONAL TRADE, BUSINESS & ECONOMIC DEVELOPMENT COUNCIL (ITBEC) D. RESOLUTION 2014-15 RESOLUTION AMENDING THE RULES OF ORDER OF THE COUNTY BOARD, AMENDING RULE X: ORDER OF BUSINESS E. RESOLUTION 2014-16 RESOLUTION AMENDING THE RULES OF ORDER OF THE COUNTY BOARD, AMENDING RULE XVII: PARLIAMENTARY PROCEDURE, ITEM D F. RESOLUTION 2014-17 RESOLUTION AMENDING THE RULES OF ORDER OF THE COUNTY BOARD, AMENDING RULE XXI: RECOGNITION OF COUNTY BOARDS AND COMMISSIONS 12. ORDINANCE: A. ORDINANCE 2014-06 ORDINANCE TO AMEND THE CALUMET COUNTY CODE OF ORDINANCES CHAPTER 30 HEALTH AND SANITATION 13. SPECIAL BUSINESS (CONTINUED): A. Appointment to the International Trade, Business & Economic Development Council (ITBEC). Recommend the appointment of Dena Mooney for a term to expire April 19, 2016. 14. NEXT REGULAR MEETING DATE: August 19, 2014 at 7:00 P.M.
July 15, 2014 County Board Agenda Page 3 15. CLOSED SESSION: The County Board will meet in closed session under Wis. Stat. 19.85(1)(c) to interview a finalist for the County Administrator position, and to discuss possible compensation, terms and conditions of employment, if said finalist is selected by the Board. The County Board will reconvene in open session immediately following the closed session business item noted herein for confirmation of position. 16. ADJOURNMENT Beth A. Hauser, County Clerk So as not to disturb the meeting, all cell phones should be placed on vibrate, and all calls should be taken outside the meeting room. Any person wishing to attend who, because of a disability, requires special accommodations, should contact the County Clerk at 920-849-1458 or 920-989-2700 EXT 458 at least 24 hours before the scheduled meeting time so appropriate arrangements can be made.
RESOLUTION 2014-12 RESOLUTION ACKNOWLEDGING COUNTY BOARD SUPERVISORS, AND CITIZEN MEMBERS OF COMMITTEES, BOARDS AND COMMISSIONS FOR EVERY FIVE (5) CONSECUTIVE YEARS OF SERVICE ON THE COUNTY BOARD OR ITS COMMITTEES, BOARDS OR COMMISSIONS Motion: Adopted: 1 st Lost: 2 nd Tabled: Yes: No: Absent: Number of votes required: x Majority Two-thirds Reviewed by: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 BARRIBEAU BUDDE CONNORS DIETRICH DRAHEIM GENTZ GLAESER GREEN KLECKNER LA SHAY LAUGHRIN, P. MUELLER OTT PRESCOTT STANKE STECKER Dawn Klockow SCHWALENBERG STIER STILLMAN WEINBERGER YELTON Corp Counsel YES NO A To the Honorable Chair and Board of Supervisors of Calumet County, Wisconsin: WHEREAS, The Rules of Order of the Calumet County Board of Supervisors includes Rule XXI: Recognition of County Board Supervisors, and citizen members of committees, boards and commissions; and WHEREAS, The following members have been diligent in their work by giving of their time and effort for the betterment of Calumet County and are eligible for recognition under Rule XXI: 26 year anniversaries: Alice Connors Local Emergency Planning Committee (1988) 20 year anniversaries: Alice Connors Administrative Services Committee (4/1994) Kenneth Draheim Highway Committee (4/1994) 10 year anniversaries: David Gasch Zoning Board of Adjustment (5/2004) James Stecker Public Grounds & Property Committee (5/2004) Patrick Laughrin Glacierland Resource and Conservation Development Council (5/2004) Todd Brehmer Veterans Service Commission (5/2004) 5 year anniversaries: Ralph Prescott Chilton Library Board (6/2009) NOW, THEREFORE, BE IT RESOLVED, That the Board of Supervisors of Calumet County herein assembled, acknowledge the effort, time and talent given by the above individuals for their years of service on various Calumet County committees, boards and commissions. BE IT FURTHER RESOLVED, That a copy of this Resolution be presented to each member.
Dated this 15 th day of July 2014. INTRODUCED BY COMMITTEE ON THE RULES OF ORDER Matthew Budde Ralph Prescott Robert Stanke Kevin Weinberger Jeff Yelton COUNTERSIGNED BY Alice Connors, County Board Chair
RESOLUTION 2014-13 RESOLUTION IN OPPOSITION TO THE PROPOSED LAPSE IN STATE FUNDING TO CIRCUIT COURT SYSTEM To the Honorable Chair and Board of Supervisors of Calumet County, Wisconsin: Motion: Adopted: 1 st Lost: 2 nd Tabled: Yes: No: Absent: Number of votes required: x Majority Two-thirds Reviewed by: 1 BARRIBEAU 2 BUDDE 3 CONNORS 4 DIETRICH 5 DRAHEIM 6 GENTZ 7 GLAESER 8 GREEN 9 KLECKNER 10 LA SHAY 11 LAUGHRIN 12 MUELLER 13 OTT 14 PRESCOTT Dawn Klockow 15 SCHWALENBERG 16 STANKE 17 STECKER 18 STIER 19 STILLMAN Corp Counsel YES NO A WHEREAS, The 2013-15 State Biennial Budget requires the Wisconsin court system to return a total of $11.8 million to the state general fund over the next two-year period, resulting in budget cuts affecting the Calumet County circuit court system; and WHEREAS, If said budget cuts are made, the Calumet County circuit court system will no longer receive State funding at its previous level in the form of circuit court payments; interpreter assistance; and guardian ad litem assistance; and WHEREAS, The proposed reduction of funding and resulting budget cuts would create an enormous financial challenge to Calumet County, potentially resulting in an increased tax levy, while striving to meet the challenge of the state levy cap; and WHEREAS, It is in the best interests of Calumet County to oppose this proposed budget reduction. NOW, THEREFORE BE IT RESOLVED That the Calumet County Board hereby states its opposition to the lapse of Wisconsin judicial branch funding to the State general fund over the next two-year period; and, BE IT FURTHER RESOLVED, That the Calumet County Clerk is requested to forward a copy of this resolution to Calumet County s State Legislators, Governor Scott Walker, the Director of State Courts, Wisconsin Counties Association, and all other Wisconsin Counties. Dated this 15 th day of July 2014. INTRODUCED BY THE PROTECTION OF PERSONS & PROPERTY COMMITTEE Pete Stier, Chair Alice Connors 20 WEINBERGER 21 YELTON
Donald Glaeser Joe Mueller Mary Schwalenberg COUNTERSIGNED BY Alice Connors, County Board Chair
RESOLUTION 2014-14 RESOLUTION AMENDING THE RULES OF ORDER OF THE COUNTY BOARD, AMENDING THE MEMBERSHIP OF THE INTERNATIONAL TRADE, BUSINESS & ECONOMIC DEVELOPMENT COUNCIL (ITBEC) Motion: Adopted: 1 st Lost: 2 nd Tabled: Yes: No: Absent: Number of votes required: Reviewed by: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Majority x Two-thirds BARRIBEAU BUDDE CONNORS DIETRICH DRAHEIM GENTZ GLAESER GREEN KLECKNER LA SHAY LAUGHRIN, P. MUELLER OTT PRESCOTT STANKE STECKER Dawn Klockow SCHWALENBERG STIER STILLMAN WEINBERGER YELTON Corp Counsel YES NO A To the Honorable Chair and Board of Supervisors of Calumet County, Wisconsin: WHEREAS, The Committee on the Rules of Order has determined that it is appropriate to amend the membership of the International Trade, Business & Economic Development Council (ITBEC) and recommends the Board of Supervisors amend the membership as follows: INTERNATIONAL TRADE, BUSINESS & ECONOMIC DEVELOPMENT COUNCIL (ITBEC) 1) Membership. ITBEC is comprised of five (5) Regions in Wisconsin and Calumet County is in the East Central Region comprised of Brown, Calumet, Door, Fond du Lac, Kewaunee, Manitowoc, Outagamie, Ozaukee, Sheboygan and Winnebago Counties. Each County shall appoint two (2) members to represent their County, one (1) shall be a County Board Supervisor, and the other shall be the Economic Development Specialist designee of the Resource Management Director. The County Board Chair shall appoint members to the Council for a two (2) year term, subject to confirmation of the County Board. NOW, THEREFORE, BE IT RESOLVED By the Board of Supervisors of Calumet County herein assembled, hereby amend the Rules of Order, as indicated above. Dated this 15 th day of July 2014. INTRODUCED BY THE COMMITTEE ON THE RULES OF ORDER Matthew Budde, Chair Ralph Prescott Robert Stanke Kevin Weinberger
Jeff Yelton COUNTERSIGNED BY Alice Connors, County Board Chair
RESOLUTION 2014-15 RESOLUTION AMENDING THE RULES OF ORDER OF THE COUNTY BOARD, AMENDING RULE X: ORDER OF BUSINESS To the Honorable Chair and Board of Supervisors of Calumet County, Wisconsin: Motion: Adopted: 1 st Lost: 2 nd Tabled: Yes: No: Absent: Number of votes required: Reviewed by: 1 BARRIBEAU 2 BUDDE 3 CONNORS 4 DIETRICH 5 DRAHEIM 6 GENTZ 7 GLAESER 8 GREEN 9 KLECKNER 10 LA SHAY 11 LAUGHRIN, P. 12 WEINBERGER 13 MUELLER 14 OTT 15 PRESCOTT 16 STANKE 17 STECKER Majority x Two-thirds Dawn Klockow 18 SCHWALENBERG 19 STIER Corp Counsel YES NO A WHEREAS, The Committee on the Rules of Order has determined that it is appropriate to amend Rule X: Order of Business to move Public Participation and recommends the Board of Supervisors amend the rule as follows: RULE X: ORDER OF BUSINESS For the Organizational Meeting, the order of business shall be: 1. Reading of Certificate of Membership 2. Administration of Oath of Office 3. Call of the Roll 4. Pledge of Allegiance 5. Adoption of Rules of Order of the Calumet County Board of Supervisors 6. Election of Chair (two (2) year term) 7. Approval of Agenda 8. Election of Vice-Chair (two (2) year term) 9. Election of the Committee on Appointments 10. The order of business for all other meetings The order of business for all other meetings may be as follows: 1. Roll Call 2. Pledge of Allegiance 3. Approval of Agenda 4. Approval of Minutes 5. Petitions 6. Communications 7. Public Participation 7.8. Special Business 8.9. Supervisors' Reports of Meetings and Seminars Attended 9.10. County Administrator Appointments and Reports 10. Public Participation 11. Resolutions and Ordinances 12. Reading of Minutes if Directed by the Board 13. Set Next Meeting Date 14. Closed Session, Pursuant to Wisconsin State Statute, Chapter 19 15. Adjournment NOW, THEREFORE, BE IT RESOLVED By the Board of Supervisors of Calumet County herein assembled, hereby amend the Rules of Order, as indicated above. Dated this 15 th day of July 2014. 20 STILLMAN 21 YELTON
INTRODUCED BY THE COMMITTEE ON THE RULES OF ORDER Matthew Budde, Chair Ralph Prescott Robert Stanke Kevin Weinberger Jeff Yelton COUNTERSIGNED BY Alice Connors, County Board Chair
RESOLUTION 2014-16 RESOLUTION AMENDING THE RULES OF ORDER OF THE COUNTY BOARD, AMENDING RULE XVII: PARLIAMENTARY PROCEDURE, ITEM D. To the Honorable Chair and Board of Supervisors of Calumet County, Wisconsin: Motion: Adopted: 1 st Lost: 2 nd Tabled: Yes: No: Absent: Number of votes required: Reviewed by: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Majority BARRIBEAU BUDDE CONNORS DIETRICH DRAHEIM GENTZ GLAESER GREEN KLECKNER LA SHAY LAUGHRIN, P. MUELLER OTT PRESCOTT STANKE STECKER Dawn Klockow SCHWALENBERG STIER STILLMAN WEINBERGER YELTON Two-thirds Corp Counsel YES NO A WHEREAS, The Committee on the Rules of Order has determined that it is appropriate to amend the Rules of Order to revise Rule XVII: Parliamentary Procedure, Item D, making it consistent with its companion rule, Rule XV: Resolutions and Ordinances, Item A. which states: Resolutions and Ordinances presented by a Committee of the County Board may be acted on upon their first (1 st ) presentation at a County Board meeting. Resolutions and Ordinances not presented by a Committee may be referred by the Chair to a Committee of the Board with a time limit of 90 days to be returned to County Board for action. Ordinances shall be submitted to the Corporation Counsel for drafting comments and opinions. The Committee on the Rules of Order recommends the Board of Supervisors amend Rule XVII, Item D of the Rules of Order of the Calumet County Board as follows: RULE XVII: PARLIAMENTARY PROCEDURE D. Every matter that comes before the Board, may without motion, be referred to its appropriate Committee by the Chair. Any Resolutions and Ordinances not presented by a Committee, which are referred by the Chair to a Committee of the Board must be returned to the County Board for action within 90 days after referral. NOW, THEREFORE, BE IT RESOLVED By the Board of Supervisors of Calumet County herein assembled, hereby amend the Rules of Order, as indicated above. Dated this 15 th day of July 2014. INTRODUCED BY THE COMMITTEE ON THE RULES OF ORDER Matthew Budde, Chair Ralph Prescott Robert Stanke
Kevin Weinberger Jeff Yelton COUNTERSIGNED BY Alice Connors, County Board Chair
RESOLUTION 2014-17 RESOLUTION AMENDING THE RULES OF ORDER OF THE COUNTY BOARD, AMENDING RULE XXI: RECOGNITION OF COUNTY BOARD SUPERVISORS, AND CITIZEN MEMBERS OF COMMITTEES, BOARDS AND COMMISSIONS Motion: Adopted: 1 st Lost: 2 nd Tabled: Yes: No: Absent: Number of votes required: Reviewed by: Majority Dawn Klockow Two-thirds Corp Counsel To the Honorable Chair and Board of Supervisors of Calumet County, Wisconsin: WHEREAS, The Committee on the Rules of Order has determined that it is appropriate to amend the Rules of Order to state that the County Administrator s office shall be responsible for the administration of this rule and recommend the Board of Supervisors amend Rule XXI of the Rules of Order of the Calumet County Board as follows: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 BARRIBEAU BUDDE CONNORS DIETRICH DRAHEIM GENTZ GLAESER GREEN KLECKNER LA SHAY LAUGHRIN, P. MUELLER OTT PRESCOTT YES NO A RULE XXI: RECOGNITION OF COUNTY BOARD SUPERVISORS, AND CITIZEN MEMBERS OF COMMITTEES, BOARDS AND COMMISSIONS All members of the Calumet County Board of Supervisors and all citizen members of the County Board s Committees, Boards and Commissions shall be recognized by the presentation of a certificate of appreciation, a resolution presenting the same and at the discretion of the Board of Supervisors, acknowledgement in the local news media for every five (5) consecutive years of service on the County Board or its Committees, Boards or Commissions. County Board Supervisors and citizen members will also be recognized for their service at the time of their resignation, recall, election defeat or death. The County Administrator s office shall be responsible for the administration of this rule. NOW, THEREFORE, BE IT RESOLVED By the Board of Supervisors of Calumet County herein assembled, hereby amend the Rules of Order, as indicated above. Dated this 15 th day of July 2014. INTRODUCED BY THE COMMITTEE ON THE RULES OF ORDER 15 16 STANKE STECKER Matthew Budde, Chair 17 18 SCHWALENBERG STIER Ralph Prescott 19 20 STILLMAN WEINBERGER Robert Stanke 21 YELTON
Kevin Weinberger Jeff Yelton COUNTERSIGNED BY Alice Connors, County Board Chair
ORDINANCE 2014-06 ORDINANCE TO AMEND THE CALUMET COUNTY CODE OF ORDINANCES CHAPTER 30 HEALTH AND SANITATION The Board of Supervisors of Calumet County, does hereby amend the Calumet Code of Ordinances as follows: Motion: Adopted: 1 st Lost: 2 nd Tabled: Yes: No: Absent: Number of votes required: x Majority Two-thirds Reviewed by: Dawn Klockow Corp Counsel 1. Chapter 30 Health and Sanitation, of the Calumet County Code of Ordinances is hereby created as follows: Sec. 30-1. Title. This chapter shall be titled the "Calumet County Human Health Hazard Ordinance." Sec. 30-2. Authority; When Effective. 1 2 BARRIBEAU BUDDE YES NO A The Calumet County Board of Supervisors adopts this chapter pursuant to the authority granted in 59.02(2), Wis. Stats., in conjunction with Chapter 251 and 254, Wis. Stats. The effective date of this chapter shall be the day following adoption by the Calumet County Board of Supervisors. 3 4 5 6 7 CONNORS DIETRICH DRAHEIM GENTZ GLAESER Sec. 30-3. Purpose. The purpose and intent of this chapter, in cooperation with local, state and federal agencies, is to protect the public health, safety and general welfare of the people of the County and: (a) Prevent the spread of communicable diseases. 8 GREEN (b) Prevent the continuation of human health hazards. 9 10 KLECKNER LA SHAY (c) Assure that citizens are protected from hazards, unhealthy or unsafe conditions. 11 LAUGHRIN, P. Sec. 30-4. Powers of Health Officer. 12 13 14 15 MUELLER OTT PRESCOTT STANKE This chapter shall be administered by the legally designated County Health Officer in cooperation with the Calumet County Health and Human Services Board and the appropriate state agencies. The Health Officer shall have the power to ensure compliance with the intent and purpose of this chapter by any appropriate means under the law. 16 STECKER Sec. 30-5. Interpretation. 17 18 19 SCHWALENBERG STIER STILLMAN The provisions of this chapter shall be liberally interpreted in favor of the public health of citizens of Calumet County and shall not be deemed a limitation of any power granted by the Wisconsin Statutes. 20 WEINBERGER 21 YELTON
Sec. 30-6. Applicability. The provisions of this chapter shall apply to all areas of Calumet County except cities, towns or villages within the County that have local health departments, pursuant to 251.08, Wis. Stats. Sec. 30-7. Definitions. (a) As used in this chapter, the following terms shall have the meanings indicated: Communicable Disease: Any disease that the Wisconsin Department of Health and Family Services determines, by rule, to be communicable in fact. County: Calumet County, Wisconsin. Health Officer: The Calumet County legally designated Health Officer from the Calumet County Health Division and his/her designee. Human Health Hazard: Any situation or condition which adversely affects or has the potential to adversely affect the health of a person and/or the general public or both. Immediate Human Health Hazard: A condition that exists or has the potential to exist which should be abated or corrected immediately to prevent imminent or ongoing danger of serious damage to human health or the environment. Person: Any individual, corporation, society, institution, or other legal entity. Pollution: The contamination or rendering unclean or impure the air, land or waters in the County or making the same injurious to public health, harmful for commercial or recreational use, or deleterious to fish, bird, animal or plant life. Public: Affecting or having the potential to affect the people, the environment, or both, outside the limits of an individual's personally occupied structure. Solid Waste: Garbage, refuse and all other discarded or salvageable solid materials, including solid waste materials from industrial, commercial and agricultural activities, but excluding solids or dissolved materials in wastewater effluent or other common water pollutants. State: The State of Wisconsin. Toxic and Hazardous Materials: Any chemical and/or biological materials that are or have the potential to create a human health hazard. (b) All other words not specifically defined in this chapter shall be defined as set forth in any applicable State of Wisconsin Statutes or Administrative Codes, and if not defined otherwise, the standard dictionary definition of the word shall apply. Sec. 30-8. Human Health Hazards. (a) No person shall erect, create, cause, continue, maintain or permit any human health hazard within the County. Any person who shall cause, create, maintain, or permit 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 chapter and shall be liable for all costs and expenses, attendant upon the removal and correction of such health hazard. (b) The following acts, omissions, places, conditions and things, excluding approved agricultural practices, are specifically declared to be human health hazards coming within the definition of "human health hazard" in Sec. 30-7, without limitation by enumeration: (1) Food and breeding places for vermin, insects, etc. Accumulations of decayed animal or vegetable matter, trash, rubbish, garbage, rotting timber, bedding, packing materials, scrap metal, abandoned structures, animal and human fecal matter, or any other substance or condition which permits flies, mosquitoes, lice, diseasecarrying insects, rats or other vermin or their reproduction, including areas in which such pests can live, nest or seek shelter. (2) Water Pollution. The pollution of any well or cistern, stream, lake, canal, or other body of water by sewage, industrial wastes, fertilizers and toxic pesticides or other substances harmful to human beings. (3) Noxious odors. Any negligent use of property, substance or device within the County which emits or causes any foul, offensive, noxious or disagreeable odor deemed repulsive to the physical senses of ordinary persons or to the public as a whole. (4) Air pollution. The escape of excessive smoke, soot, cinders, acids, fumes, gases, fly ash, industrial dust or other atmosphere pollutants within the County that endanger human health or create noncompliance with applicable state and federal regulations. (5) Animal waste. 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 to any person within the County. (6) 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 failed, damaged, malfunctioning, improperly constructed, or inadequately maintained private sanitary sewer waste disposal system or private sewer lateral connected to a public sewer system. Also, any wastewater or sewage effluent that is not handled or disposed of in compliance with applicable County and State Codes. (7) Hazardous conditions. All open and unguarded pits, wells, excavations, tunnels, cisterns, foundations, mine shafts, or unoccupied basements freely accessible, which may have not been properly abandoned, sealed, barricaded, backfilled or posted, to prevent entry. (8) Groundwater pollution. Addition of any chemical 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 Ch. NR 809, Wis. Adm. Code, titled "Safe Drinking Water" as amended from time to time.
(9) Unfit building or structure. All buildings or structures so old, dilapidated, neglected, or out of repair, as to be dangerous, unsafe, unsanitary or otherwise unfit for use or human habitation. (10) Toxic and hazardous materials. 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. (11) Unburied carcasses. The carcasses of any animals or fowl not intended for human consumption or food, which are not buried or otherwise properly disposed of, within a reasonable time period. (12) Unhealthy or unsanitary conditions. Any condition or situation, which renders a structure or any part of a structure, unsanitary, unhealthy or unfit for human habitation, occupation, or use, or renders any property unsanitary or unhealthy. (13) Garbage. Failure to keep waste, refuse, or garbage in an enclosed building or properly contained in a closed container, designed or reasonably adapted for such purposes. (14) Other. Any other act or omission, situation or condition, defined by Wisconsin Statutes or Administrative Code to be a human health hazard, or which in fact meets the definition of "human health hazard" set forth in this chapter. Sec. 30-9. Designation of Unfit Buildings of Structures. (a) Any building or structure found to have any of the following defects is a human health hazard and shall be condemned as unfit for human habitation and shall be so designated and placarded by the Health Officer: (1) One 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 of the public. (2) One 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 of the public. (3) One, which because of its general condition or location, is unsanitary or otherwise dangerous to the health or safety of the occupants or of the public. (4) One, which 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 are declared unfit for human habitation by the Health Officer. (c) Any building or structure 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 building or structure, 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 eliminated. (e) No person, except for the Health Officer, shall deface or remove the placard from any building or structure, 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 the building or structure as unfit for human habitation, may request and shall be granted a hearing in the matter before the Calumet County Health and Human Services Board. (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, he/she 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 allow a reasonable time for the performance of any act required. Such notice shall be served upon the owner, operator or occupant, as the case may require, and may be served by certified mail or in the manner provided by Ch. 801, Wis. Stats., for service of summons. Sec. 30-10. Communicable Disease Control. (a) The Calumet County Health Officer shall enforce the provisions of Ch. 252, Wis. Stats., and Ch. DHS 145, Wis. Adm. Code, relating to control of communicable diseases. (b) Reporting. The Calumet County Health Officer or designee shall report instances of communicable diseases to the Wisconsin Department of Health and Family Services within the time limits specified in Cha. DHS 145, Wis. Adm. Code. (c) Access. It shall be unlawful for any person to refuse access to the Calumet County Health Officer or designee to any property, structure, or vehicle in the investigation or treatment of any communicable disease. If necessary, the Calumet County Health Officer may obtain a Special Inspection Warrant, issued under 66.0119, Wis. Stats., in order to carry out his/her duties. (d) Enforcement. The enforcement and penalty provisions contained in 252.25, Wis. Stats., shall apply in the case of any person who fails to carry out an order by the County Health Officer, relating to the control of any communicable disease or in the case of any person who obstructs the County Health Officer in the performance of his/her duties. Sec. 30-11. Administration and Enforcement. (a) General provisions. This chapter shall be interpreted, administered and enforced by the Calumet County Health Officer or a designee of the Health Officer. (b) It shall be the responsibility of the Health Officer to: (1) Ensure compliance with the purpose and intent of this chapter. (2) Maintain records of all official actions taken.
(3) Enforce with local, County and state government officials, the provisions of this chapter. (c) Powers. The Health Officer or his/her designee shall have the power necessary to enforce the provisions of this chapter, including the following, without limitation, by reason of enumeration: (1) To enter any structure or premises at a reasonable time for the purpose of performing his/her duties and to secure a court order to accomplish this purpose, if deemed necessary. (2) To order abatement and/or correction of any human health hazard in noncompliance with this chapter or state statute. (3) To delegate the responsibilities of administration and enforcement of this chapter to another person qualified in the field of public health. (4) To perform any other action authorized under the law or this chapter to ensure compliance with the purpose and intent of this chapter, and the requirements of this chapter. (5) To issue citations for any violation of this chapter. Sec. 30-12. Abatement Orders; Violations and Penalties. (a) If the existence of a human health hazard is confirmed, a written cleanup and/or abatement order shall be issued specifying the action needed to correct the situation and shall include the following information: (1) The name and address of the owner, operator and/or occupant and description of the real estate involved. (2) The nature of the violation and the steps necessary to abate or correct it. (3) The time period in which the violation must be corrected and/or abated, which will be one to five days for immediate health hazards or up to 30 days for health hazards, depending on the nature of the violation. Allowance for limited extension of this time period may be permitted if warranted by extenuating circumstances as determined by the Health Officer. (b) The order of abatement shall be served upon the person committing or maintaining the human health hazard by either certified mail or in the manner set forth for services of the summons in Ch. 801, Wis. Stats. If the premises are not occupied and the address of the owner is unknown and cannot be determined with due diligence, service on the owner may be accomplished by posting a copy of the order of abatement in a prominent place on the premises. The order of abatement shall require the owner or occupant of such premises, or both, to take reasonable steps within a reasonable period of time to abate and remove the human health hazard. Whenever an investigation hereunder involves a search of private premises and another owner or other person having equal rights to the use and occupancy thereof does not consent thereto, and absent any exception to the warrant requirement, that Officer shall apply to the Circuit Court of Calumet County for a Special Inspection Warrant, pursuant to 66.0119, Wis. Stats.
(c) Exceptions to written orders. In cases where a violation poses an immediate health hazard as determined by the Health Officer, or in the case of repeated occurrences of the same violation by the same person, the violator shall be considered to be in noncompliance and subject to immediate action under subsection (d) of this section, without issuance of a written abatement order. (d) Noncompliance with written orders. (1) If a person does not comply with a written order form the Health Officer or his/her designee, the violator may be subject to one or more of the following actions and/or penalties: A. The issuance of a citation. B. Commencement of legal action against the person seeking an injunction to abate the violation and/or correct the damage created by the violation. C. Commencement of legal action against the person seeking a courtimposed forfeiture and/or the costs of abatement. D. Any other action authorized by this chapter or by other applicable laws as deemed necessary by the Health Officer. (2) The initiation of one action or penalty under this section does not exempt the violator from any additional actions and/or penalties prescribed by law. (e) Abatement of human health hazards. Where human health hazards as defined in this chapter or in the Wisconsin Statutes are encountered on private property, which require ordered abatement and/or correction, the Health Officer shall serve on the responsible person a written order as per subsections (a) and (b) of this section. If the human health hazard is not abated and/or corrected within the time period specified in the order, the Health Officer may enter upon the property and abate and/or correct the human health hazard or cause such action to be taken as set forth in 254.59, Wis. Stats. The cost of such abatement and/or correction is to be recovered either directly from the responsible party or as a special tax assessment on the property. (f) Penalties. In case of a conviction for a violation of the provisions of this chapter, judgment shall be entered against the violator by a forfeiture of not more than $300 for the first violation offense and not more than $500 for all subsequent offenses, together with applicable court costs and penalty assessments. The Court may also grant injunctive relief. Failure to comply with an order for abatement issued under this chapter in the time allowed, shall constitute a separate violation of this chapter, and each day of continued violation after the expiration of the time allowed shall constitute a separate offense. (g) Initiation of legal action. In default of compliance with an order for abatement, legal action shall be initiated against a violator by issuance of a citation by the Health Officer or his/her designee or a referral to the Calumet County Corporation Counsel for the appropriate action. The Corporation Counsel is hereby delegated the duty of prosecuting violations of this chapter and enforcing this chapter. Where a human health hazard involves noncompliance with a state-enforced Administrative Code, the Health Officer shall first refer the complaint to the appropriate agency for abatement and/or correction. If the human health hazard continues without adequate enforcement from the state agency to cause abatement and/or correction, then the Health Officer or his/her
designee may initiate action under this section to bring about proper abatement and/or correction. Sec. 30-13. Abrogation and Greater Restrictions. This chapter is not intended to repeal, annul, abrogate, impair or interfere with any existing covenants, deed restrictions, agreements, ordinances, rules, regulations or permits previously adopted or issued pursuant to rules, regulations or permits previously adopted or issued pursuant to law. However, wherever this chapter imposes great restrictions, the provisions of this chapter shall govern. 2. This ordinance shall take effect upon passage as required by law. Dated this 15 th day of July 2014. INTRODUCED BY THE HEALTH AND HUMAN SERVICES BOARD Mary Schwalenberg, Chair Dave La Shay Merlin Gentz James Stecker Kevin Weinberger Jeffrey Yelton COUNTERSIGNED BY Alice Connors, County Board Chair