[HISTORY: Adopted by the Village Board of the Village of
Waterford 3-14-2011 by Ord. No.
571; amended in its entirety 11-11-2019 by Ord. No. 674. Subsequent amendments
noted where applicable.]
For the purposes of this chapter, the words set out in this
section shall have the following meanings:
The complete killing of weeds or the killing of plants above
the surface of the ground by cutting, at such time and in such manner
as will effectually prevent such plants from maturing to the bloom
or flower stage, and no later than the time that such weeds and plants
reach the height of eight inches. If property records show a previous
violation within a twelve-month period, weed or plant growth shall
be maintained no greater than six inches.
Includes the following:
Canada thistle, leafy spurge, field bindweed (creeping Jenny),
quack grass, purple loosestrife, multiflora rose, and any other weed
that the State of Wisconsin declares to be noxious.
Any weed, grass or similar plant growth that, if allowed to
pollinate, would cause or produce hay fever in human beings or would
cause a skin rash through contact with the skin.
Grass or vegetation exceeding eight inches in height, or the
accumulation of dead weeds, grass, or brush. Such rank growth of grass
and vegetation or accumulation of dead weeds, grass or brush may constitute
a fire hazard or allow debris to be hidden, affecting the public safety,
and may adversely affect property values of other land within the
Village. Trees, shrubbery and garden areas that are reasonably maintained
are not included in this definition.
A.
It shall be unlawful for any owner, tenant or occupant of land to
permit or maintain noxious weeds or rank growth of vegetation on such
land. It shall be unlawful to allow or permit any growth of noxious
weeds or vegetation to a height greater than eight inches. Proceeding
an initial violation notification, noxious weeds or rank growth of
vegetation must be kept to a height no greater than six inches.
B.
It shall be unlawful for any owner of an active construction site to permit or maintain noxious weeds or rank growth of vegetation to a height greater than 12 inches on such land. At the time an occupancy permit is obtained, the parcel shall follow § 95-5A of the Code.
C.
This section shall not apply to "natural areas," which shall be defined
as densely wooded areas, wetlands, marshes, floodplains or Village-approved
conservancy areas, or on certain DNR land exempted under Wis. Stats.
§ 66.0407(5). Stormwater pond areas are exempted as to the
length of the grass if the grass conforms to the approved plans for
the stormwater pond, but noxious weeds shall be controlled.
The Village Clerk shall annually, on or before May 15, publish
as required by state law a notice that every person is required by
law to destroy all noxious weeds and rank growth of vegetation on
lands in the Village which he or she owns, occupies or controls. The
notice shall also state that, in the event that noxious weeds and
rank growth of vegetation are not destroyed, the Village may destroy
the noxious weeds and rank growth of vegetation, and the costs will
be charged to the land, and, in addition, citations for failure to
comply with this requirement may be issued.
A.
This chapter is adopted pursuant to the provisions of Wis. Stats.
§§ 66.0407 and 66.0517 and the Village's power
to act for the health, safety and welfare of the public set forth
in Wis. Stats. § 61.34.
B.
This chapter shall be administered by the Director of Public Works,
who shall be the Weed Commissioner as set forth in Wis. Stats. § 66.0517
and who shall enforce the provisions of Wis. Stats. §§ 66.0407
and 66.0517 and the provisions of this chapter. The Weed Commissioner
may appoint a Deputy who shall act under the Commissioner's direction
and may perform the duties of Weed Commissioner. Clerical and other
assistants shall be designated to assist in the duties set forth in
this chapter.
C.
The Weed Commissioner is authorized to destroy noxious weeds pursuant
to Wis. Stats. § 66.0517, which provides that if a person
neglects to destroy noxious weeds as required under § 66.0407(3),
the Weed Commissioner shall destroy, or have destroyed, noxious weeds.
A Weed Commissioner may enter upon any lands that are not exempt under
§ 66.0407(5) and cut or otherwise destroy noxious weeds
without being liable to an action for trespass or any other action
for damages resulting from the entry and destruction, if reasonable
care is exercised.
A.
The Weed Commissioner or designee, or any Village law enforcement
officer shall thoroughly investigate concerns regarding the existence
of noxious weeds within the borders of the Village of Waterford that
are witnessed or brought to their attention. The Weed Commissioner
shall respond to complaints within a reasonable period of time.
B.
Upon receipt of a violation, the Weed Commissioner or designee shall document and photograph violations to the provisions of § 95-2. If a property is in violation the Weed Commissioner shall, on the first violation, issue a notice to the property owner identifying the property, the violation, and shall demand the noxious weeds or rank growth of vegetation be destroyed within 10 calendar days from the date on the notice. The notice shall be mailed via priority mail with a delivery confirmation to the property owner at the owner's address as listed in the property tax records.
C.
A compliance verification form shall be included in the initial notice to be completed and returned as proof of compliance within 10 calendar days of the date on the notice. The form shall notify the owner that the property must be kept in compliance and shall advise any subsequent violations occurring after six inches or more of growth within a twelve-month period will result in the destruction or removal of the noxious weeds or rank growth of vegetation by the Village without further notice and at the expense of the owner as set forth in § 95-5E of the Code. The notice shall further inform the owner has the right to appeal the violation notice as set forth in § 95-5F of the Code.
(1)
Subsequent violations occurring within a twelve-month period after
the initial notice shall not be given further written notices, nor
receive a grace period to comply. An invoice for administration fees
and time and material costs of removal shall be sent to the owner
with each violation. The twelve-month period resets at the date of
the most current invoice. If the property is kept in compliance and
12-months have lapsed, any new violations shall follow initial notification
process.
D.
After 10 calendar days, or upon receipt of the completed compliance
verification form, the property shall be reinspected to determine
if the noxious weeds or rank growth of vegetation have been destroyed.
The results of the inspection shall be documented and filed. If the
property remains in violation or growth exceeds six inches, the Weed
Commissioner shall arrange for the removal of noxious weeds or rank
growth of vegetation by a contracted cutter as soon as reasonably
possible, at the expense of the owner. In addition, the property owner
shall be issued a citation from the Police Department. Each day a
violation exists, or continues to exist, shall constitute a separate
offense.
E.
The Weed Commissioner will forward any and all incurred costs of
eliminating vegetation to the Village Treasurer. In addition to the
incurred costs, the Treasurer shall bill the property owner an administrative
fee to recover the Village's costs for enforcing this chapter.
If any bills are not paid within 30 days, they shall become a lien
on the property. If not paid by October 15, the Treasurer shall place
the total billed amount, plus an additional 10% administrative fee
on the tax roll as a special charge upon the property tax bill where
the noxious weeds or other rank growth of vegetation were destroyed
pursuant to Wis. Stats. § 66.0627.
(1)
Property owners with multiple or parcels over one acre, as listed
on Racine County GIS, in violation, will be charged an administration
fee per parcel. There shall be a per-acre charge for parcels exceeding
one acre but shall not exceed the maximum fee as set forth in the
Village of Waterford Fee Schedule.
F.
Any person who is aggrieved by a notice of violation and ordered
to remove the violation under this chapter may appeal to the Village
Board by providing notice of the appeal to the Village Clerk within
10 days of the written notice of violation. The Board, after a hearing,
may reverse, affirm or modify the order of the Weed Commissioner or
recommend dismissal of the citation upon notice to the appellant and
the Village Attorney, and to that end shall have all of the powers
of the Weed Commissioner. The Village shall not remove or arrange
for the removal of the violation or issue additional citations while
the appeal is pending. A yard sign shall be placed in the parcel under
appeal to inform neighbors of appeal meeting details.
