[Adopted by the Town Board of the Town of New Glarus as indicated
in article histories. Amendments noted where applicable.]
[Adopted 7-22-2014]
This article is entitled the "Town of New Glarus Noxious Weed
Ordinance." The purpose of this article is to provide for the control
of noxious weeds in the Town.
The Town Board of the Town of New Glarus, Green County, Wisconsin,
has the specific authority under §§ 60.22, 66.0407
and 66.0517, Wis. Stats., to adopt this article.
This article, adopted by a majority of the Town Board on a roll
call vote with a quorum present and voting and proper notice having
been given, provides for the regulation of noxious weeds in the Town.
The following are designated as noxious weeds within the Town:
Canada Thistle, Leafy Spurge, and Field Bindweed (Creeping Jenny),
Purple Loosestrife as provided by § 66.0407(1)(b), Wis.
Stats.
A.
Musk Thistle, Shatter Cane, Hill Mustard, Bull Thistle and Plumeless
Thistle as provided by Chapter 2, 7-2-1 of the Green County Code.
B.
Poison Hemlock as designated by the Town of New Glarus.
C.
The Town Chairperson shall include those weeds designated as noxious
weeds in the noxious weed notice given annually under § 66.0407(4),
Wis. Stats.
The Town Chairperson having appointed a Town Weed Commissioner
under § 66.0517(2)(a), Wis. Stats., and the Weed Commissioner
having the powers and duties to investigate and destroy noxious weeds
in the Town as provided in § 66.0517(2)(a), Wis. Stats.,
the following provisions are established in regard to the performance
of the office of Weed Commissioner:
A.
The Weed Commissioner shall receive compensation for investigating
the existence of and destroying noxious weeds, including any clerical
or administrative activities performed in relation to the performance
of those activities, at the rate of $10 per hour plus the mileage
at a rate as set by the state, upon presenting to the Town Treasurer
an account of noxious weed investigation and destruction activities
performed by the Weed Commissioner, verified by oath and approved
by the Town Chairperson. The account shall specify by separate items
each activity of investigation and destruction performed and for each
activity of destruction the amount chargeable to each piece of land,
describing the land.
B.
After the account of the Weed Commissioner is paid by the Clerk-Treasurer under Subsection A, the Clerk-Treasurer shall then enter the amount chargeable for the destruction of weeds to each tract of land in the next tax roll in a column headed, "For the Destruction of Weeds," as a tax on the lands upon which the weeds were destroyed. The tax shall be collected under Ch. 74, Wis. Stats., except in case of lands that are exempt from taxation, railroad lands, or other lands for which taxes are not collected under Ch. 74, Wis. Stats.
A.
Under § 66.0407(3), Wis. Stats., and this article, a person
owning, occupying, or controlling land shall destroy all noxious weeds
on the land.
B.
If after publication of the notice required under § 66.0407(4),
Wis. Stats., the Town Weed Commissioner, after consultation with the
Town Board, determines after investigation of the conditions on the
land that the persons owning, occupying, or controlling the land have
failed to destroy all noxious weeds on the land, the Town Board may
cause to be served upon any or all of those persons a copy of the
notice required under § 66.0407(4), Wis. Stats., together
with a statement commanding that the noxious weeds upon the land shall
be destroyed within 10 days of the receipt of the notice or the person
shall be subject to a forfeiture as provided in the Town of New Glarus
Noxious Weed Ordinance. The notice and statement shall be served by
registered or certified mail.
C.
Any person upon whom a notice to destroy weeds is served under Subsection B may request a hearing before the Town Board to challenge the reasonableness of the board's command to destroy weeds. The request for hearing shall be in writing and shall be filed with the Town Clerk on or before the expiration of the time to destroy the weeds as stated in the notice under Subsection B. In the event that a request for hearing is filed, the Town Board shall set a time and place for the hearing, not less than five days after the date the request for hearing is received by the Town Clerk, and notice of the time and place of the hearing shall be served upon the person requesting the hearing. No citation or complaint for the recovery a forfeiture under this section may be issued until the completion of the hearing. Every notice issued under Subsection B shall contain a clear statement of the right to request a hearing as provided under this subsection.
D.
Any person, partnership, corporation, or other legal entity that
fails to comply with the provisions of this subsection as determined
by the Town Board shall, pay a forfeiture of $100 plus cost and assessments.
In addition, the Weed Commissioner or designee shall place a notice
at the property 24 hours before said property is mowed and report
in writing to the Town Clerk-Treasurer to cost for doing so.
E.
The Town Clerk-Treasurer shall place the costs of weed removal, at
a minimum cost of $80 per hour, as a special tax on the tax roll against
the property for whom the service was rendered.
