The issuing agent shall be responsible for the administration
of this chapter. The issuing agent may delegate the responsibilities
to personnel employed by the Oneida County Planning and Zoning Department
and in the case of issuing abatement orders, to the County Health
Department.
In the administration of this chapter, the issuing agent shall
have the following powers and duties:
(1)
Delegate duties to and supervise clerical staff and other employees
to assure full and complete compliance with this chapter and related
Wisconsin Statutes and the Administrative Code.
(2)
Advise applicants concerning the provisions of this chapter and assist
them in preparing permit applications.
(3)
Review and approve plans for POWTS for one- and two-family residences
or as approved through agent status by the state.
(4)
Issue sanitary permits and inspect properties for compliance with
this chapter and related Wisconsin Statutes and the Administrative
Code.
(5)
Keep records of all sanitary permits issued, inspections made, work
approved, and other official actions.
(6)
Report violations of this chapter to the Corporation Counsel.
(7)
Have access to any premises for the purpose of performing official
duties between 8:00 a.m. and 8:00 p.m. or at other times set by mutual
agreement between the property owner or his agent and the issuing
agent or upon issuance of a special inspection warrant in accordance
with § 66.0119, Wis. Stats.. Application for a sanitary
permit is considered for the purposes of this chapter as the owner's
consent to enter the premises.
(8)
Upon reasonable cause or question as to proper compliance, revoke
or suspend any sanitary permit and issue cease-and-desist orders requiring
the cessation of any construction, alteration or use of a building
which is in violation of the provisions of this chapter, until compliance
with this chapter or applicable Wisconsin Statutes and the Administrative
Code is obtained.
(9)
Issue and enforce orders to plumbers, certified septage servicing
operators, property owners, their agents or contractors or the responsible
party, to assure proper compliance with all provisions of this chapter
or delegate this authority to the County Health Department.
(10)
Apply for and distribute grants obtained through the Wisconsin Fund
Grant Program.
(11)
Assess the owner of a POWTS a special assessment for costs related
to pumping of a septic or holding tank as determined to be reasonable
and necessary pursuant to Ch. 145, Wis. Stats., specifically including
§ 145.20(4), Wis. Stats., and in the same manner that a
village or town makes an assessment under § 66.0703, Wis.
Stats.
(12)
Enforce the provisions of § 145.11, Wis. Stats., advertising
restrictions.
(13)
Pursuant to Ch. SPS 383.20(2), Wis. Adm. Code, nothing in this chapter
shall limit the issuing agent's authority and power to inspect or
require an evaluation of a POWTS, including an existing POWTS at times
or for activity not covered in this section.
(14)
Perform other duties regarding private sewage systems as considered
appropriate by the County or the state.
(1)
Appeals.
(a)
Any person who alleges that there is an error in any order, requirement or decision made in the enforcement of this chapter may appeal to the Oneida County Board of Adjustment as provided in Ch. 17 (Zoning Ordinance) of the General Code. Any appeal shall be made on forms furnished by the Zoning Department within 30 days of the date of that administrative action. Other substantiating evidence will be accepted.
(2)
Wisconsin Fund appeals.
(a)
Request for initial review of determination. Pursuant to § 68.08,
Wis. Stats., any person in disagreement with the denial of a Wisconsin
Fund application may have a written or oral determination reviewed
by written request mailed or delivered to the Zoning Office within
30 days of notice to such person of such determination. The request
for review shall state the ground or grounds upon which the person
aggrieved contends that the decision should be modified or reversed.
A request for review shall be made to the employee who made the determination.
The provisions of this chapter shall be administered and enforced
by and under the direction of the County Board of Supervisors.
(1)
Investigation and compliance; notice of violation.
(a)
The department is responsible for conducting the necessary inspection
and investigation to insure compliance with this chapter and, through
field notes, photographs and other means, documenting the presence
of violations.
(b)
If, upon investigation, the Department becomes aware of a violation
of this chapter, it shall immediately notify responsible parties and
those potentially liable. Such notice shall include a demand that
the condition that is alleged to constitute a violation be halted
or remedied, and a statement that a complaint about the condition
will be transmitted to the County corporation counsel for prosecution
if remedial action has not occurred within 10 days. Responsible parties
and those potentially liable shall include but not be limited to the
landowner, tenants, and contractors.
(c)
If the same or similar violation recurs within a two-year period,
whether or not it involves the same property or the same or similar
conduct by the owner, agent or contractor, notification of violation
may be waived by the Department or corporation counsel and immediate
legal action can be commenced to prosecute the violation.
(d)
The department may issue a citation for any violation within
the ten-day notification period.
(2)
Prosecution, injunctions, fines and forfeitures, imprisonment.
(a)
It shall be the duty of the corporation counsel to expeditiously
review all violations of this chapter reported by the Department or
committee and take action as appropriate.
(b)
A forfeiture of not less than $25, nor more than $250, plus
costs, shall be imposed for each violation of this chapter.
(c)
Upon failure to pay a forfeiture, the violator may be confined
in the County jail until such forfeiture is paid for a period not
exceeding six months.
(d)
Each day a violation exists or continues shall be considered
a separate and distinct offense.
(e)
As a substitute for or in addition to forfeiture actions, the
corporation counsel may, on behalf of the County, seek enforcement
of any and all parts of this chapter by court actions seeking injunctional
orders or restraining orders and/or by pursuing nuisance actions against
the violator.
1.
Compliance with this chapter may be enforced pursuant to § 145.20,
Wis. Stats.
(3)
Violations of permits issued under this chapter. Violation of a permit
issued under this chapter shall be deemed a violation of this chapter
and shall constitute grounds for revocation of the permit, as well
as fines and forfeitures and any other available remedies. Any person
who has applied for and received a permit and begins work on the project
authorized by the permit acknowledges that they have read, understand,
and agree to follow all conditions and requirements of the permit.
(4)
Revocation of permits. The committee shall retain continuing jurisdiction
over all activities authorized by the permit for the purpose of assuring
compliance with this chapter and other ordinances and the terms of
the permit. Such authority shall be in addition to the enforcement
authority of the Zoning Administrator. Upon written complaint by any
citizen, the Zoning Administrator, or any other official, the committee
shall hold a public hearing to consider amending, suspending or revoking
the permit. Notice of the hearing and alleged violation shall be served
upon the property owner and permit holder either in person or via
certified mail to the address provided on the permit application form
or otherwise provided to the Department a minimum of 72 hours prior
to conducting the public hearing. The notice shall contain the date,
time and place of the hearing, a description of the property, a description
of the activity authorized by the permit, and a statement of the alleged
violation(s). Notice shall also be published as a Class 2 notice.
Any person may appear at such hearing and testify in person or be
represented by an agent or attorney. The committee at its sole discretion
may hold additional public hearings. If the committee finds after
the hearing that the permit holder is not in compliance with the terms
of the permit, it may amend, suspend or revoke the permit. The decision
of the committee shall be furnished to the permit holder in writing,
stating the reasons therefore.
(5)
Permit issued in violation of this chapter. A permit issued in violation
of this chapter, the Wisconsin Administrative Code or the Wisconsin
Statutes, gives the permit holder no vested right to continue the
activity authorized by the permit, and the permit is considered voidable.
(6)
Construction in violation of this chapter. Any construction which
is in violation of this chapter shall cease upon written orders from
the issuing agent or the placement of a notification of violation
at the site. A notification of violation shall state the following:
(7)
Release of order. All construction shall remain stopped until the
order is released by the issuing agent.
