07/21/11

AMENDING CHAPTER 80 OF THE DANE COUNTY CODE OF ORDINANCES, REGARDING ENFORCEMENT AND PENALTIES FOR VIOLATION OF BAN ON SALE OF SEALCOAT PRODUCTS CONTAINING COAL TAR The County Board of Supervisors of the County of Dane does ordain as follows: ARTICLE 1. Unless otherwise expressly stated herein, all references to section and chapter numbers are to those of the Dane County Code of Ordinances. ARTICLE 2. Section 80.10 is amended to read as follows: 80.10 ENFORCEMENT. (1) Violations of this ordinance will be enforced by the Environmental Health Section of the Public Health Division of the Department of Human Services, or any successor organization. (2) Any violation of this ordinance may be enforced by injunctional order at the suit of the county. ARTICLE 3. Section 80.11 is amended to read as follows: 80.11 PENALTY. (1) Any person who violates section 80.05 in the application of fertilizer at his or her residence shall be subject to a forfeiture of $25 per violation. (2) Any person who violates section 80.08(1) by applying a coal tar sealant product at his or her residence shall be subject to a forfeiture of $100 per violation. (3) Any commercial fertilizer applicator, residential or commercial developer, industrial or commercial owner, or other person who violates section 80.05, and any person who violates section 80.07, shall be subject to a forfeiture of $50 for the first violation within a twelve month period, $150 for the second violation within a twelve month period, and $300 for the third and each subsequent violation within a twelve month period. (4) Any commercial sealcoat product applicator, residential or commercial developer, industrial or commercial owner, or any other person, other than a person identified under sub. (2) above, who violates section 80.08, shall be subject to a forfeiture of $500 for the first violation within a twelve month period, $1000 for the second violation within a twelve month period, and $2000 for the third and each subsequent violation within a twelve month period. (5) Any person who applies, sells, offers to sell or displays for sale any sealcoat product within Dane County that is labeled as containing coal tar is presumed to have applied, sold, offered to sell or displayed the product in violation of this section. [EXPLANATION: This amendment increases the forfeitures for violation on the ban of the use of sealcoat products with coal tar, and authorizes the county to seek injunctive relief for violations. Health & Human Needs and Personnel & Finance Committees recommend adoption of Ord. Amdt. 1 with the following amendment: in (2) of Section 80.11 change$100 to $25. Public Protection & Judiciary and Environment, Agriculture & Natural Resources Committees and Lakes & Watershed Commission recommend adoption of Ord. Amdt. 1. Question before the Board was adoption of Ord. Amdt. 1, as amended. Motion carried.

AWARD OF CONTRACTS RES. 67, 11-12 AUTHORIZING SUBMISSION OF SUBSTANTIAL AMENDMENT TO THE 2011 ACTION PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) Dane County is an Entitlement under two (2) U.S. Department of Housing and Urban Development (HUD) grant programs: the Community Development Block Grant (CDBG) and the Home Investment Partnerships (HOME). CDBG funds are intended to develop viable urban communities by providing decent housing and a suitable living environment, and by expanding economic opportunities, principally for low-and-moderate income persons. The intent of the HOME Program is to expand the supply of decent, safe, sanitary, and affordable housing, with primary attention to rental housing, for very low-income and lowincome families. This resolution is to amend the 2011 Action Plan, passed by the County Board on November 4, 2010 and submitted to HUD to include the following projects:

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