Cal. Civ. Code § 254.59
Human health hazards.
Operative Text
254.59 Human health hazards. (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. (2) If a human health hazard is found on private property, the local health officer shall notify the owner and the occupant of the property, by registered mail with return receipt requested, of the presence of the human health hazard and order its abatement or removal within 30 days of receipt of the notice. If the human health hazard is not abated or removed by that date, the local health officer shall immediately enter upon the property and abate or remove the human health hazard or may contract to have the work performed. The human health hazard shall be abated in a manner which is approved by the local health officer. The cost of the abatement or removal may be recovered from the person permitting the violation or may be paid by the municipal treasurer and the account, after being paid by the treasurer, shall be filed with the municipal clerk, who shall enter the amount chargeable to the property in the next tax roll in a column headed “For Abatement of a Nuisance” as a special tax on the lands upon which the human health hazard was abated, and the tax shall be collected as are other taxes. In case of railroads or other lands not taxed in the usual way, the amount chargeable shall be certified by the clerk to the secretary of administration who shall add the amount designated in the certificate to the sum due from the company owning, occupying, or controlling the land specified, and the secretary of administration shall collect the amount as prescribed in subch. I of ch. 76 and return the amount collected to the town, city, or village from which the certificate was received. 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. The only defenses an owner may have against the collection of a tax under this subsection are that no human health hazard existed on the owner’s property, that no human health hazard was corrected on the owner’s property, that the procedure outlined in this subsection was not followed or any applicable defense under s. 74.33. (4) In cities under general charter, the local health officer may enter into and examine any place at any time to ascertain health conditions, and anyone refusing to allow entrance at reasonable hours shall be fined not less than $10 nor more than $100. If the local health officer deems it necessary to abate or remove a human health hazard found on private property, the local health officer shall serve notice on the owner or occupant to abate or remove within a reasonable time that is not less than 24 hours; and if he or she fails to comply, or if the human health hazard is on property whose owner is a nonresident, or cannot be found, the local health officer shall cause abatement or removal. (5) The cost of abatement or removal of a human health hazard under this section may be at the expense of the municipality and may be collected from the owner or occupant, or person causing, permitting, or maintaining the human health hazard, or may be charged against the premises and, upon certification of the local health officer, assessed as are other special taxes. In cases of railroads or other lands not taxed in the usual way, the amount chargeable shall be certified by the clerk to the secretary of administration who shall add the amount designated in the certificate to the sum due from the company owning, occupying, or controlling the land specified, and the secretary of administration shall collect the amount as prescribed in subch. I of ch. 76 and return the amount collected to the town, city, or village from which the certificate was received. 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. The only defenses an owner may have against the collection of a tax under this subsection are that no human health hazard existed on the owner’s property, that no human health hazard was corrected on the owner’s property, that the procedure outlined in this subsection was not followed, or any applicable defense under s. 74.33. (6) A 1st class city may, but is not required to, follow the provisions of this section. A 1st class city may follow the provisions of its charter. (7) (a) A county, city, village, or town with a local health department may enact an ordinance concerning abatement or removal of a human health hazard that is at least as restrictive as this section. (b) An ordinance enacted under par. (a) may be enforced in the county, city, village, or town that enacted it. (c) This subsection may not be construed to prohibit any agreement under s. 66.0301 between a county and a city, town, or village that has a local health department, concerning enforcement under this section.
Wisconsin Statute § 254.59 establishes a process by which local health officers can identify, order the removal of, and if necessary directly abate human health hazards found on private property. Owners and occupants must be notified—typically by registered mail—and given a defined window (generally 30 days, or at least 24 hours in general-charter cities) to correct the hazard before the municipality steps in. If the municipality performs the abatement itself, it may recover costs from the responsible party or place the expense as a special tax assessment against the property; additionally, anyone who maintains such a hazard may face a fine of up to $300 or up to 90 days of imprisonment, or both.
Plain English — not legal advice.
Under Wis. Stat. § 254.59, property owners who receive a formal notice of a human health hazard from a local health officer are expected to act promptly within the timeframe specified—typically 30 days from receipt of registered mail notice, or a shorter period in general-charter cities. Operators who do not comply risk having the municipality enter the property and perform the abatement at the owner's expense, with costs potentially assessed as a special tax on the property. Maintaining a documented record of corrective actions taken, and understanding the limited defenses available under this section, are practices commonly associated with compliant property management.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Wis. Stat. § 254.59 gives tenants a basis to report human health hazards on their premises to the local health officer, who is then empowered to order the owner to correct the condition or have it corrected at the owner's expense. If a hazard is not addressed within the required timeframe, the local health department can step in directly, which may be a relevant avenue for occupants living with unresolved health-threatening conditions. Tenants who believe this provision applies to their situation may wish to contact their local health department, a tenant-rights organization, or consult with a legal aid office familiar with Wisconsin housing law.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 15, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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