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Ex. DUT-WI-009 Standing duty Primary source read

Wis. Stat. § 254.59 (2019-20), Human health hazards

Local health officer's mandatory order to abate or remove a human health hazard on private premises; owner or occupant to comply; abatement at the owner's cost as a special tax; fine or imprisonment for maintaining a human health hazard; entry and examination of any place

Wisconsin Legislature (codified statute; executed by local health officers) · Wisconsin (State)

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The record

Jurisdiction
Wisconsin
Level
State
Authority
Wis. Stat. ch. 254, Environmental Health, subch. VI (Human Health Hazards)
Effective
standing
End
standing (read as 2021-09-30)
In force
Standing (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Business closureStanding dutyOperating condition
Addressees
  • owners or persons in control of premises; occupants; 'person causing, permitting, or maintaining the human health hazard' (sub. (5))
Character
sanitary code duty
Collection
Standing duties: Wisconsin DUT-WI

Operative words

(1) If a local health officer finds a human health hazard, he or she shall order the abatement or removal of the human health hazard on private premises, within a reasonable time period, and if the owner or occupant fails to comply, the local health officer may enter upon the premises and abate or remove the human health hazard.

Penalty

Sub. (2): 'Anyone maintaining such a human health hazard may also be fined not more than $300 or imprisoned for not more than 90 days or both'; abatement cost as a special tax on the land; sub. (4): refusal of entry fined $10 to $100.

What it required

The owner or occupant of any business premises presenting a 'human health hazard' (§ 254.01(2): any 'substance, activity or condition... known to have the potential... to generate or spread infectious diseases') was bound to abate it on the local health officer's order, at the owner's cost, on pain of a fine up to $300 or imprisonment up to 90 days; the officer 'may enter into and examine any place at any time to ascertain health conditions' (sub. (4)).

Retrieval note

The definition is DUT-WI-011. Read with DHS 145.06(6) (DUT-WI-010), which lets the same officials direct owners and supervisors of property presenting a threat of transmission 'to do what is reasonable and necessary to abate the threat.'.