[HISTORY: Adopted by the Village Board of the Village of Argyle 12-7-2005 as Title 8, Ch. 1, Secs. 8-1-1, 8-1-2, 8-1-3, 8-1-7, 8-1-8 and 8-1-11, of the 2005 Village Code. Amendments noted where applicable.]
General penalty — See § 1-2.
Erosion control and stormwater runoff — See Ch. 234.
Grass, lawn and weed control — See Ch. 326.
Littering — See Ch. 374.
Massage therapists and bodyworkers — See Ch. 379.
Public nuisances — See Ch. 405.
Pollution — See Ch. 452.
Property maintenance — See Ch. 465.
Rodent control — See Ch. 497.
Sewers — See Ch. 512.
Solid waste control and regulation — See Ch. 550.
Tattooing and body piercing — See Ch. 582.
Water — See Ch. 655.
Zoning — See Ch. 715.
The Village Board, acting as the Board of Health, may make reasonable and general rules for the enforcement of the provisions of this chapter and for the prevention of the creation of health nuisances and the protection of the public health and welfare and may, where appropriate, require the issuance of licenses and permits. All such regulations shall have the same effect as ordinances, and any person violating any of such regulations and any lawful order of the Board shall be subject to the general penalty provided for in this Code (see § 1-2).
Definitions. As used in this chapter, the following terms shall have the meanings indicated in this subsection:
- HEALTH NUISANCE
- Any source of filth or cause of sickness.
Duty to abate. The Village Board, acting as the Board of Health, shall abate health nuisances pursuant to Ch. 823, Wis. Stats., which is adopted by reference and made a part of this chapter.
No person shall deposit or cause to be deposited in any public street or on any public ground or on any private property not his/her own any refuse, garbage, litter, waste material or liquid or any other objectionable material or liquid. When any such material is placed on the person's own private property, it shall be properly enclosed and covered so as to prevent the same from becoming a public nuisance.
When required. Whenever a sewer or water main becomes available to any building used for human habitation, the owner of the property upon which the building is located shall connect the building to such main or mains in the manner prescribed by law, except the Village Board may defer connection to such water or sewer main or mains for those properties which have existing operable septic systems or wells or whose construction was permitted by the Village of Argyle.
The owner of any parcel of land adjacent to a water or sewer main upon which there exists a need for water supply or sewer service, whether now or in the future and for whatsoever reason, or in a block through which such system is extended shall connect the available water or sewer main/system within 180 days of notice in writing from the Village to so connect. Upon failure to do so, the Village may cause such connection to be made and billed to the property owner for such costs. Such costs may include, without limitation, the cost of disconnecting any private wells so as to provide for adequate cross-connection controls within the municipal water system. If such costs are not paid within 30 days of billing to the property owner by the Village, such costs shall be assessed as a special tax lien against the property; provided, however, that the owner may, within 30 days after the completion of the work, file a written option with the Clerk-Treasurer stating that he/she cannot pay such amount in one sum and ask that there be levied in not to exceed five equal installments and that the amount shall be so collected with interest at the rate of 12% per annum from the completion of the work, the unpaid balance being a special tax lien, all pursuant to § 281.45, Wis. Stats.
In lieu of the above, the Village, at its sole option, may impose a penalty for the period that the violation continues, after 10 days' written notice to any owner failing to make a connection to the municipal water or sewer system, in an penalty amount to be as great as the current average residential user cost plus ten-percent interest for administrative cost per month for each residential unit equivalent for the period in which the failure to connect continues, and upon failure to make such payment, said charge shall be assessed as a special tax lien against the property, all pursuant to § 281.45, Wis. Stats.
This section ordains that the failure to connect to the water or sewer system is contrary to the minimum health standards of said Village and fails to assure preservation of public health, comfort, and safety of said Village.
Building Inspector may cause connection at expense of owner. In the alternative to Subsection B, if the owner or his/her agent fails to comply with the notice of the Building Inspector within 10 days of service or mailing thereof, the Building Inspector may cause connection to be made and the expense thereof shall be assessed as a special charge against the property.
Privies, cesspools, etc., prohibited after connection with sewer. After connection of any building used for human habitation to a sewer main, no privy, cesspool or waterless toilet shall be used in connection with such human habitation.
Whenever the Building Inspector, Fire Inspector or other authorized Village official shall, upon inspection of any premises within the Village of Argyle find that there is deposited, placed, stored or remaining on said premises any garbage, junk, rubbish, rubble, trash, abandoned, outmoded or nonsalable merchandise or parts, construction materials, rotting yard and orchard waste, accumulation of grease or food wastes in a grease trap or other place or depository which present a risk of clogging or blocking a sewer system, or any other unhealthy, hazardous or unsightly materials or things which create a fire or health hazard, or which are detrimental to the appearance, neatness and cleanliness of the immediate neighborhood or the Village of Argyle in general, such official shall issue his/her written order to the owner and/or occupant of the premises to remove said garbage, junk, rubbish, rubble or trash, abandoned, outmoded or nonsalable merchandise or parts, construction materials, rotting yard and orchard waste, accumulation of grease or food wastes in a grease trap or other place or depository which present a risk of clogging or blocking a sewer system, or other unhealthy, hazardous or unsightly materials or things.
Said written order shall provide that such removal shall be accomplished within 10 days after service of said order upon the owner or occupant of the premises involved. Such written order, in addition to specifying and describing the materials or things to be removed, shall also set forth on the face thereof the provisions of Subsection B.
Prosecution of violators under this section shall not preclude other enforcement actions allowed by law, including other actions under this Code.
Appeal. Any person feeling himself/herself aggrieved by any order of a Village official under this section may, within 10 days from the date of receipt of such order, appeal such order to the Village Board.
Exceptions. Nothing contained in this section shall be construed to prohibit the depositing of rubbish, rubble, junk, trash, abandoned, outmoded or nonsalable merchandise or parts, or unsightly materials or things which are:
Nonconforming uses. It shall not be a defense to the provisions of this section that the owner or occupant of the premises involved has a nonconforming use under the provisions of the Village Zoning Code, but the provisions of this section shall be complied with notwithstanding that the owner or occupant of any given premises is using or occupying such premises under a valid nonconforming use.
Discharge. No person shall cause, allow or permit any roof drain, surface drain, subsoil drain, drain from any mechanical device, gutter, ditch, pipe, conduit, sump pump or any other object or thing used for the purposes of collecting, conducting, transporting, diverting, draining or discharging clear water from any part of any private premises owned or occupied by said person to discharge into a sanitary sewer.
Nuisance. The discharge into a sanitary sewer from any roof drain, surface drain, subsoil drain, drain from any mechanical device, gutter, ditch, pipe, conduit, sump pump or any other object or thing used for the purposes of collecting, conducting, transporting, diverting, draining or discharging clear water from any part of any private premises is hereby declared to be a public nuisance and a hazard to the health, safety and well-being of the residents of the Village and to the protection of the property.
Groundwater. Where deemed necessary by the Village Board, every house shall have a sump pump installed for the purpose of discharging clear waters from foundation drains and ground infiltration and, where the building is not serviced by a storm sewer, shall either discharge into an underground conduit leading to a drainage ditch, gutter, dry well or shall discharge onto the ground surface in such other manner as will not constitute a nuisance as defined herein.
Stormwater. All roof drains, surface drains, drains from any mechanical device, gutters, pipe, conduits or any other objects or things used for the purpose of collecting, conducting, transporting, diverting, draining or discharging stormwaters shall be discharged either to a storm sewer, a dry well, an underground conduit leading to a drainage ditch or onto the ground surface in such other manner as will not constitute a nuisance as defined herein.
Storm sewer lateral. Where municipal storm sewers are provided and it is deemed necessary by the property owner and/or the Village to discharge clear waters from a parcel of land, a storm sewer lateral shall be installed and connected to the storm sewer main at the expense of the owner.
Conducting tests. If a designated Village agent suspects an illegal clear water discharge as defined by this chapter or by any other applicable provision of the Wisconsin Administrative Code, as it may, from time to time, be amended, he/she may, upon reasonable notice and at reasonable times, enter the private premises where such illegal clear water discharge is suspected and conduct appropriate tests to determine whether such suspected illegal clear water discharge actually exists. In addition, Village Inspectors may inspect for illegal clear water discharges as a part of a routine inspection without cause.
Sump pump inspection upon property sale. Upon the sale of a property, Village representatives may inspect the property to determine whether sump pumps are installed to discharge into the sanitary system, which is prohibited by this section.