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:
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.
Advise applicants concerning the provisions of this chapter and assist them in preparing permit applications.
Review and approve plans for POWTS for one- and two-family residences or as approved through agent status by the state.
Issue sanitary permits and inspect properties for compliance with this chapter and related Wisconsin Statutes and the Administrative Code.
Keep records of all sanitary permits issued, inspections made, work approved, and other official actions.
Report violations of this chapter to the Corporation Counsel.
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.
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.
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.
Apply for and distribute grants obtained through the Wisconsin Fund Grant Program.
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.
Enforce the provisions of § 145.11, Wis. Stats., advertising restrictions.
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.
Perform other duties regarding private sewage systems as considered appropriate by the County or the state.
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.
Wisconsin Fund appeals.
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.
Appellate review. Pursuant to § 68.11, Wis. Stats., an appellate review of the initial determination shall be made to the committee for administrative review pursuant to § 2.57 of the General Code of Oneida County Wisconsin.
The provisions of this chapter shall be administered and enforced by and under the direction of the County Board of Supervisors.
Investigation and compliance; notice of violation.
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.
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.
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.
The department may issue a citation for any violation within the ten-day notification period.
Prosecution, injunctions, fines and forfeitures, imprisonment.
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.
A forfeiture of not less than $25, nor more than $250, plus costs, shall be imposed for each violation of this chapter.
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.
Each day a violation exists or continues shall be considered a separate and distinct offense.
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.
Compliance with this chapter may be enforced pursuant to § 145.20, Wis. Stats.
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.
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.
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.
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:
Release of order. All construction shall remain stopped until the order is released by the issuing agent.