Ordinances

ORDINANCE NO.2008-2 - ORDINANCE REGARDING PLACEMENT AND REGULATION OF ADDRESS MARKERS

WHEREAS, the Town Board of Supervisors of the Town of Manitowoc, Manitowoc County, Wisconsin, pursuant to the police powers of the Town Board and Sections 60.22 and 86.19, Wis. Stat. do ordain as follows:

Section 1. Purpose. The purpose of this ordinance is to maintain address markers on every parcel of real property in the Town of Manitowoc on which is located a habitable structure in a visible location and in good readable condition to facilitate law enforcement, fire prevention and control, medical and safety services, and for the general convenience of the public.

Section 2. Installation of Markers. The Town of Manitowoc shall furnish to each property owner the numbers, which may variously be described as the fire numbers for the property and/or the address number. The numbers are primarily to indicate the address and assist the Manitowoc County Sheriff's Department, ambulance services and Manitowoc emergency agencies in locating a specific property. The Town of Manitowoc shall install these numbers on a steel post. The height of the post shall be between four and five feet so that the numbers are clearly visible from the driven portion of a road or highway adjoining the property. Said post and numbers shall be installed within fifteen (15) feet of either side of the driveway entrance leading into the property and on the Town of Manitowoc road right-of-way limits. The sign shall be perpendicular to the adjacent roadway centerline and project towards the roadway from the post. After installation, the town will make available at the landowner's expense materials to repair or replace the address marker, but the maintenance and preservation of the marker shall be the responsibility of the owner of the real estate for which the marker was furnished. Persons wishing to relocate the signs after initial installation must get approval from the Town Board or its designee.

Section 3. Notice of Violation and Enforcement. If the address marker of a property is not properly located or is obliterated, damaged, destroyed or removed, any Town official may issue a notice to the property owner to restore the marker within thirty (30) days. The notice shall state that upon the failure to take corrective action as directed in the notice, the Town may, at its option, cause the work to be done in the manner it deems appropriate, and will charge back the costs thereof to the owner. Upon completion of the work, the Town shall bill the owner for the costs thereof, and shall notify the owner that failure to pay the costs within thirty (30) days of the date of the bill will result in placing the cost of repairing or replacing the marker on the owner's tax bill as a special assessment against the property pursuant to Wisconsin Statute 66.0627, 66.071, and 86.19(5).

Section 4. Penalties. Any person who obliterates, removes, damages, destroys, fails to properly locate or fails to timely replace an address marker or otherwise violates this Ordinance shall forfeit not less than Fifty Dollars ($50.00) nor more that Two Hundred Dollars ($200.00) for each offense plus any penalty or other assessments imposed by Statute and the cost or prosecution. Each day a violation continues shall be deemed a separate offense.

Section 5. Injunctive Relief. In addition to all other remedies available, the Town Board of Manitowoc may authorize the commencement of appropriate action or proceeding to prohibit the owner, resident, agent or occupant of the real estate within the Town of Manitowoc from removing, destroying, obliterating or damaging an address marker in violation of this Ordinance.

Section 6. Severability. If any section clause, provision or portion of this Ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby.

Dated this _16th___day of __June, 2008____

Town of Manitowoc

BY: 

Dale Markwardt, Chairman

George Luebke, Supervisor

James Anhalt, Supervisor

ATTEST:

Caroline Sonnenburg, Town Clerk/Treasurer

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ORDINANCE NO 2008-3 REGULATING SOLID

FUEL-FIRED OUTDOOR HEATING DEVICES

The Town Board of the Town of Manitowoc, Manitowoc County, Wisconsin, pursuant to its village powers, for the public health and safety, do ordain as follows:

Section 1. DEFINITIONS:

1.1 "Person" means an individual, partnership, corporations, limited liability company, limited liability partnership, government, association, organization, or any other entity.

1.2 "Solid Fuel-Fired Outdoor Heating Device" means an outdoor device, equipment, or structure, or any part thereof, designed for solid fuel combustion to produce heat or energy used as a component of a heating system providing indoor heat, including, but not limited to, combination fuel furnaces or boilers which burn solid fuel.

1.3 "Stacks" or chimneys" means any vertical structure enclosing a flue or flues that carry off smoke or exhaust from a solid fuel-fired outdoor heating device; especially that part of such structure extending above a roof.

Section 2. REGULATION:

A solid fuel-fired outdoor heating device may be installed, operated, and maintained in the Town of Manitowoc, Manitowoc County, Wisconsin only in accordance with the following provisions:

2.1 All solid fuel-fired outdoor heating devices shall meet emission standards required by the Environmental Protection Agency (EPA) which are incorporated herein by reference, together with all amendments or modifications made thereto.

2.2 All solid fuel-fired outdoor heating devices shall be installed, operated and maintained in strict conformance with the manufacturer's instructions and all other applicable local, state, and federal standards.

2.3 All solid fuel-fired outdoor heating devices shall be installed by contractors qualified to install the device in accordance with all codes and manufacturer's guidelines.

2.4 All solid fuel-fired outdoor heating devices shall use as fuel only natural untreated wood or other solid fuel specifically permitted by the manufacturer such as corn or other pellets specifically designed for the solid fuel-fired outdoor heating device. The following fuels are prohibited:

a. Processed wood products and other non-wood products.

b. Petroleum in any form.

c. Garbage.

d. Rubber.

e. Painted wood or treated wood.

f. Plastic.

g. Any other items not specifically allowed by the manufacturer.

2.5 Any fuel for a fuel-fired outdoor heating device stored on site shall be cut to useable size and stacked, as applicable, and shall be maintained in a neat and orderly manner. All such fuel shall be stored in a form ready to use in the heating device.

2.6 The solid fuel-fired heating device shall be located at least 350 feet from the nearest residence which is not on the same property as the solid fuel-fired outdoor heating device. The owner of the solid fuel-fired outdoor heating device shall obtain a permit from the Town Clerk before installing a solid fuel-fired outdoor heating device.

Section 3. RIGHT OF ENTRY AND INSPECTION

3.1 The Fire Chief or any authorized officer, agent, employee or representative of the Town of Manitowoc who presents credentials may inspect any property for the purpose of ascertaining compliance with the provisions of this ordinance.

3.2 Special Exception: Where the Town finds that extraordinary hardship will occur from the enforcement of this local ordinance, upon application to the Town Board, said Town Board may vary the regulations contained herein to afford substantial justice, provided that such special exception will not have the effect of nullifying the intent and purpose of this local ordinance.

Section 4. PENALTY:

Any person who violates this Ordinance shall, upon conviction forfeit $25.00, together with the costs of prosecution. Each day a violation occurs shall constitute a separate offense.

Section 5. EFFECTIVE DATE:

This Ordinance shall be effective upon adoption and publication according to law.

Adopted this 11th day of August, 2008.

Town of Manitowoc

Dale Markwardt, Chairman

Attest:Caroline Sonnenburg

Clerk/Treasurer