[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 REFERENCES
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).
A.
HEALTH NUISANCE
Definitions. As used in this chapter, the following terms shall have
the meanings indicated in this subsection:
Any source of filth or cause of sickness.
B.
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.
A.
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.
B.
Notice; payment.
(1)
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.
(2)
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.
(3)
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.
C.
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.
D.
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.
A.
Inspections.
(1)
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.
(2)
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.
(3)
Prosecution of violators under this section shall not preclude other
enforcement actions allowed by law, including other actions under
this Code.
B.
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.
C.
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:
D.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
