15.08.020 Powers and duties.
(1) Administration. In the administration of this ordinance, the Sanitarian under the direction of the Director of the Department of Planning and Development shall interpret and enforce this ordinance. To this end, the County Sanitarian shall have the following duties and powers:
(a) Permit Authority. Issuance responsibilities of all State and County Sanitary permits for all POWTS and non-plumbing sanitation systems as required in this ordinance and the Wisconsin Administrative Code.
(b) Permit Denial. To notify in writing each applicant who is denied a Sanitary Permit. Each notice shall state the specific reasons for disapproval and advise the applicant if amendments to the application will make it approvable. The applicant shall be further advised of their right to appeal pursuance to Chapter 68 of the Wisconsin Statues. This notice shall not be necessary when the Sanitarian is delaying issuance for further information or an incomplete application.
(c) Information/Education. Advise applicants and installers concerning the provisions of this ordinance and assist them in preparing permit applications.
(d) Plan Review. Review and approve plans for POWTS for one and two-family residences or as approved through agent status by the State and the Department of Commerce.
(e) Inspections. Inspect all POWTS and when required by this ordinance, non-plumbing sanitation systems being installed, altered or repaired prior to being backfilled and/or put into operation.
(f) Record Keeping. Maintain records of all permits issued, all inspections made, all field investigations conducted, all soil and site evaluations performed and all enforcement actions complaints or possible violations or any other official actions taken by the Sanitarian.
(g) Investigation. Investigate all viable complaints relating to POWTS, collect information and evidence to formulate the appropriate action to be taken. Send written notice and where required enforcement orders to correct, replace and abate a human health hazard and a violation of the ordinance.
(h) Litigation. Report unresolved violations to the Corporation Counsel for possible further enforcement.
(i) Access to Premises. Be permitted access to any premises for the purpose of performing official duties during reasonable hours to make inspections, investigations, soil and site evaluations, or any other site visit deemed necessary by the Sanitarian to insure compliance or investigate a violation of this ordinance. Refusal to enter the premises by the owner or his agent shall qualify the Sanitarian to request a special inspection warrant in accordance with Chapter 66.122 Wisconsin Statutes. Application for a Sanitary Permit or the submittal of a site and soil evaluation report is considered for the purpose of this ordinance as the owners consent to enter the premises.
(j) Assistance from other Agencies. To request assistance and cooperation from the County Health Department, the County Sheriff’s Department, the County Corporation Counsel, the Department of Natural Resources, the Department Agriculture, Trade and Consumer Protection and the Department of Commerce in the enforcement of this ordinance as deemed necessary.
(k) Notice of Violations/Enforcement. To issue notices of non-compliance and, if needed, enforcement orders to plumbers, pumpers, property owners, their agents or contractors or a responsible party to assure proper compliance with all provisions of this ordinance or delegate this authority to the County Health Department.
(l) Grant Administration. Apply for and distribute grant monies obtained through the Wisconsin Fund Private Sewage Replacement and Rehabilitation Grant Program.
(m) Outstanding Violations. To delay Sanitary Permit issuance pursuant to this ordinance where the applicant/owner or property is in violation of this ordinance or any ordinance administered by the Kenosha County Department of Planning and Development, Division of County Development for the property in question. A detailed compliance agreement between the owner and the County may permit the Sanitarian to issue the permit
(n) Installer/POWTS Maintainer Violations. To delay Sanitary Permit issuance where the installer, plumber or POWTS maintainer for a component included in the POWTS plan is in violation with this ordinance. The Sanitarian may delay issuance until compliance is met by the licensed person.
(o) Maintaining Records. To maintain all records of permits issued as of July 1, 1980 for all POWTS. To maintain all maintenance records for all holding tanks installed with permits issued on or after July 1, 1980. To maintain all maintenance records on all POWTS having a septic or anaerobic treatment unit with Sanitary Permits issued after April 7, 1981. To maintain a record holding facility for all other maintenance reports for existing POWTS submitted to the County.
(p) Other Duties. To perform other duties regarding private sewage systems as considered appropriate by the County or the State of Wisconsin. [Code § 15.08-2, 2018.]