[HISTORY: Adopted by the City Council of
the City of Weyauwega 5-21-2001 by Ord. No. 2001-01 as Title 8, Ch. 1
of the 2001 Code. Amendments noted where applicable.]
The City Council, acting as Board of Health,
may make reasonable and general rules for the enforcement of the provisions
of this chapter and for the prevention of the creation of health nuisances
and the protection of the public health and welfare and may, where
appropriate, require the issuance of licenses and permits. All such
regulations shall have the same effect as ordinances, and any person
violating any of such regulations and any lawful order of the City
Council shall be subject to the general penalty provided for in this
Code.[1]
No person shall deposit or cause to be deposited
in any public street or on any public ground or on any private property
not his/her own any refuse, garbage, litter, waste material or liquid
or any other objectionable material or liquid. When any such material
is placed on the person's own private property, it shall be properly
enclosed and covered so as to prevent the same from becoming a public
nuisance.
A.
The City Administrator 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 on lands in the City
which he/she owns, occupies or controls. A joint notice with other
towns or municipalities may be utilized.
B.
If the owner or occupant shall neglect to destroy
any weeds as required by such notice, then the Weed Commissioner of
the City shall give five days' written notice by mail to the owner
or occupant of any lands upon which the weeds shall be growing to
the effect that said Weed Commissioner, after the expiration of the
five-day period, will proceed to destroy or cause to be destroyed
all such weeds growing upon said lands and that the cost thereof will
be assessed as a tax upon the lands upon which such weeds are located
under the provisions of § 66.0407, Wis. Stats. In case the
owner or occupant shall further neglect to comply within such five-day
notice, then the Weed Commissioner shall destroy such weeds or cause
them to be destroyed in the manner deemed to be the most economical
method, and the expense thereof, including the cost of billing and
other necessary administrative expenses, shall be charged against
such lots and be collected as a special tax thereon.
C.
As provided for in § 66.0407, Wis. Stats.,
the City shall require that all noxious weeds shall be destroyed prior
to the time in which such plants would mature to the bloom or flower
state. The growth of noxious weeds in excess of 10 inches in height
from the ground surface shall be prohibited within the City of Weyauwega
corporate limits. Noxious weeds shall include any weed, grass or similar
plant growth which, if allowed to pollinate, would cause or produce
hay fever in human beings or would cause a skin rash through contact
with the skin.
(1)
Noxious weeds, as defined in this section and in § 283-6, shall include but not be limited to the following:
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Cirsium arvense (Canada thistle)
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Ambrosia artemisiifolia (common ragweed)
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Ambrosia trifida (great ragweed)
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Euphorbia esula (leafy spurge)
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Convolvulus arvensis (creeping jenny) (field
bindweed)
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Tragopogon dubius (goat's beard)
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Rhus radicans (poison ivy)
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Cirsium vulgaries (bull thistle)
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Pastinaca sativa (wild parsnip)
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Arctium minus (burdock)
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Xanthium strumarium (cocklebur)
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Amaranthus retroflexus (pigweed)
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Chenopodium album (common lambsquarter)
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Rumex crispus (curled dock)
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Cannabis sativa (hemp)
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Plantago lancellata (English plantain)
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A.
Natural landscape defined. "Natural landscape" as used in this section (also known as "natural lawns") shall include common species of grass and wildflowers native to North America which are designed and purposely cultivated to exceed 10 inches in height from the ground. Specifically excluded in natural landscapes are the noxious grasses and weeds identified in § 283-4 of this chapter. The growth of natural landscapes in excess of 10 inches in height from the ground surface shall be prohibited within the City of Weyauwega corporate limits unless a natural landscape management plan is approved and a permit is issued by the City as set forth in this section. Natural landscapes shall not contain litter or debris and shall not harbor undesirable wildlife.
B.
Natural landscape management plan.
(1)
"Natural landscape management plan" as used in this
section shall mean a written plan relating to the management and maintenance
of a natural landscape which contains the street address or a legal
description of the property where the proposed natural landscape is
being requested, a statement of intent and purpose for the natural
landscape, a detailed description of the vegetational types, plants
and plant succession involved, and the specific management and maintenance
techniques to be employed.
(2)
Property owner to submit plan; City property excluded.
(a)
Property owners who wish to plant and cultivate
a natural landscape must submit their written plan and related information
to the City. "Property owner" shall be defined to include the legal
title holder and/or the beneficial owner of any such lot according
to most current City records. Natural landscape management plans shall
only indicate the planting and cultivating of natural landscapes on
property legally owned by the property owner.
(b)
Applicants are strictly prohibited from developing
a natural landscape on any City-owned property, including street rights-of-way.
This shall include at a minimum property located between the sidewalk
and the street or a strip not less than 10 feet adjacent to the street
where there is no sidewalk, whether the area is under public or private
ownership.
(3)
In addition, natural landscapes shall not be permitted
within five feet of the abutting property owner's property unless
waived in writing by the abutting property owner on the side so affected.
Such waiver is to be affixed to the natural landscape management plan.
Such waiver may be revoked, in writing, by the abutting property owner
at a later time, a copy to be filed with the permittee and the City
Administrator.
(4)
Any subsequent property owner whose property abuts
an approved natural landscape may revoke the waiver, thereby requiring
the owner of the natural landscape to remove the natural landscape
that is located in the five-foot section abutting the neighboring
property. Such revocation shall be put in writing and presented to
the City Administrator by the subsequent abutting property owner.
Upon receiving the written request to revoke the original waiver,
the City Council shall contact the owner of the approved natural landscape
and direct the owner to remove the natural landscape located in the
five-foot section abutting the neighboring property. The City Council
shall revise the approved natural landscape permit accordingly. The
owner of the approved natural landscape shall be required to remove
the five-foot section abutting the neighboring property within 20
days of receipt of the written notification from the City, provided
that the notification is received sometime between May 1 and November
1. Property owners who receive notification from the City between
November 1 and April 30 shall be required to remove the five-foot
section abutting the neighboring property no later than May 20 following
receipt of the notification.
C.
Application process.
(1)
Property owners interested in applying for permission
to establish a natural landscape shall file an application with the
City Administrator. The completed application shall include a natural
landscape management plan. Upon submitting a completed application,
a nonrefundable filing fee as set by the City Council will be assessed
by the City.[2] Upon receiving payment, copies of the completed application
shall be mailed by the City to each of the owners of record, as listed
in the office of the City Assessor, who are owners of the property
situated wholly or in part within 300 feet of the boundaries of the
properties for which the application is made. If within 15 calendar
days of mailing the copies of the complete application to the neighboring
property owners the City receives written objections from 51% or more
of the neighboring property owners, the City shall deny the application.
"Neighboring property owners" shall be defined as all those property
owners who are located within 300 feet of the proposed natural landscape
site.
(2)
If the property owner's application is in full compliance
with the natural landscape management plan requirements and less than
51% of the neighboring property owners provide written objections,
the City Council may issue permission to install a natural landscape.
Such permit shall be valid for two years. Permit renewals shall follow
the procedures in this section.
D.
Prohibited plant species. The following noxious grasses
or weeds will not be allowed in a natural landscape area:
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Common Name(s)
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Latin Name(s)
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Buckthorn
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Rhamnus cathartica
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Rhamnus frangula
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Burdock (yellowdock)
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Artium lappa
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Field bindweed (wild morning glory)
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Convolvulus arvensis
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Garlic mustard
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Alliaria petiolata
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Goat's beard (oyster plant, salsify)
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Tragopogon porrifolius
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Leafy spurge
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Euphorbia esula
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Marijuana
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Cannabis sativa
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Nettle
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Urtica dioica
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Oxeye daisy
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Chrysanthemum leucanthemu
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Pigweed (lambs quarters)
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Chenopodium album
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Pigweed (amaranth)
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Amaranthus retroflexus
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Poison ivy
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Rhus radicans
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Quackgrass
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Bromus brizaeformis
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Ragweed (common)
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Ambrosia artemisifoia
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Ragweed (great)
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Ambrosia trifida
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Spotted knapweed
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Centaurea maculosa
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Thistle, bull
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Cirsium vulgare
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Thistle, Canada
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Cirsium arbense
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Thistle, musk or nodding
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Carduus nutans
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Thistle, star (caltrops)
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Centaurea calicitrapa
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Thistle, sow (field)
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Sonchus arvensis
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Thistle, sow (common)
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Sonchus oleraceus
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Thistle, sow (spiny leaved)
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Sonchus asper
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Sweet clover (yellow)
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Melilotus officinalis
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Sweet clover (white)
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Melilotus alba
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Yellow mustard (yellow rocket) (winter cress)
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Barbarea vulgaris
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Japanese bamboo
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Wild mustard
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E.
Safety precautions for natural grass areas.
(1)
When, in the opinion of the Chief of the Fire Department
serving the City of Weyauwega, the presence of a natural landscape
may constitute a fire or safety hazard due to weather and/or other
conditions, the Fire Chief may order the cutting of natural landscapes
to a safe condition. As a condition of receiving approval of the natural
landscape permit, the property owner shall be required to cut the
natural landscape within three days upon receiving written direction
from the Fire Chief.
(2)
Natural landscapes shall not be removed through the
process of burning unless stated and approved as one of the management
and maintenance techniques in the landscape management plan and appropriate
City open burning permits have been obtained. The Fire Chief shall
review all requests to burn natural landscapes and shall determine
if circumstances are correct and all applicable requirements have
been fulfilled to ensure public safety. Burning of natural landscapes
shall be strictly prohibited unless a written permit to burn is issued
by the Fire Chief. The Fire Chief shall establish a written list of
requirements for considering each request to burn natural landscapes,
thereby ensuring the public safety. In addition, the property owner
requesting permission to burn the natural landscapes shall produce
evidence of property damage and liability insurance identifying the
City as a party insured. A minimum amount of acceptable insurance
shall be $300,000.
F.
Revocation of an approved natural landscape permit.
The Weed Commissioner shall have the authority to revoke an approved
natural landscape permit if the owner fails to maintain the natural
landscape or comply with the provisions set forth in this section.
Notice of intent to revoke an approved natural landscape permit shall
be appealable to the City Council. All applications for appeal shall
be submitted within 15 calendar days of receipt of the written notice
of intent to revoke the approved natural landscape permit. Failure
to file an application for appeal within the 15 calendar days shall
result in the revoking of the natural landscape permit. All written
applications for appeal filed within the required 15 calendar days
shall be reviewed by the City Council in an open meeting. The decision
rendered by the City Council shall be final and binding.
G.
Public nuisance defined; abatement after notice.
(1)
The growth of a natural landscape as defined in this
section shall be considered a public nuisance unless a natural landscape
management plan has been filed and approved and a permit is issued
by the City as set forth in this section. Violators shall be served
with a notice of public nuisance by certified mail to the last known
mailing address of the property owner.
(2)
If the person so served with a notice of public nuisance
violation does not abate the nuisance within 10 days, the enforcement
officer may proceed to abate such nuisance, keeping an account of
the expense of the abatement, and such expense shall be charged to
and paid by such property owner. Notice of the bill for abatement
of the public nuisance shall be mailed to the owner of the premises
and shall be payable within 10 calendar days from receipt thereof.
Within 60 days after such costs and expenses are incurred and remain
unpaid, the City Administrator shall enter those charges onto the
tax roll as a special tax as provided by state statute.
(3)
The failure of the City Administrator to record such
claim or to mail such notice or the failure of the owner to receive
such notice shall not affect the right to place the City expense on
the tax rolls for unpaid bills for abating the public nuisance as
provided for in this section.
H.
Penalty.
(1)
Any person, firm or corporation who or which does not abate the nuisance within the required time period or who or which otherwise violates the provisions of this section shall be subject to the general penalty found in § 1-3.
(2)
In addition to any penalties herein provided, the
City may issue stop-work orders upon owners of lots where work is
unfinished under a previously issued permit for any violation of this
section.
A.
Purpose. This section is adopted due to the unique
nature of the problems associated with lawns, grasses and noxious
weeds being allowed to grow to excessive length in the City of Weyauwega.
B.
Public nuisance declared. The City Council finds that lawns, grasses and noxious weeds on nonagricultural lots or parcels of land, as classified under the City Zoning Code, within the City of Weyauwega which exceed eight inches in length adversely affect the public health and the safety of the public in that they tend to emit pollen and other discomforting bits of plants, constitute a fire hazard and a safety hazard in that debris can be hidden in the grass, interfere with the public convenience and adversely affect property values of other land within the City. For that reason, any nonagricultural lawn, grass or weed on a lot or other parcel of land which exceeds eight inches in length is hereby declared to be a public nuisance, except for property located in a designated floodplain area and/or wetland area or where the lawn, grass or weed is part of a natural lawn approved pursuant to § 283-5 above.
[Amended 6-21-2010 by Ord. No. 2010-01]
C.
Nuisances prohibited. No person, firm or corporation shall permit any public nuisance as defined in Subsection B above to remain on any premises owned or controlled by him/her within the City.
D.
Inspection. The Weed Commissioner or his/her designee shall inspect or cause to be inspected all premises and places within the City to determine whether any public nuisance as defined in Subsection B above exists.
E.
Abatement of nuisance. If the owner or occupant shall
neglect to cut any lawns as required herein, then the Weed Commissioner
of the City shall give 48 hours' written notice by mail to the owner
or occupant of any lands upon which the lawn is growing in violation
herewith to the effect that said Weed Commissioner, after the expiration
of the forty-eight-hour notice, will proceed to mow or have mown the
lawn to meet the requirements of this section and that the cost of
said mowing will be assessed as a tax upon the lands upon which said
lawn is growing pursuant to the provisions of § 66.0407,
Wis. Stats. In case the owner or occupant shall further neglect to
comply with said forty-eight-hour notice, then the Weed Commissioner
shall mow or have mown said lawns to comply with this section in the
most economical method and shall include the cost of said mowing and
the cost of billing and administrative expenses and shall charge said
costs against the property to be collected as a special tax thereon.
[Amended 6-21-2010 by Ord. No. 2010-01]
F.
Due process hearing. If the owner believes that his/her
grasses or weeds are not a nuisance, he/she may request a hearing
before the City Council. The request for said hearing must be made
in writing to the City Administrator's office within the 48 hours
set forth in the Weed Commissioner's notice. Upon application for
the hearing, the property owner must deposit a twenty-five-dollar
bond. If a decision is rendered in the property owner's favor, the
$25 will be returned to the property owner. If the property owner
fails to appear for the hearing or if the decision is rendered against
the property owner, the deposit shall be forfeited and applied to
the cost of City personnel abating the nuisance, if necessary. When
a hearing is requested by the owner of the property, a hearing by
the City Council shall be held at the Council's next regular meeting.
The property in question will not be mowed by the City until such
time as the hearing is held by the City Council. At the hearing, the
owner may appear in person or by his/her attorney, may present witnesses
in his/her own behalf and may cross-examine witnesses presented by
the City as well as subpoena witnesses for his/her own case. At the
close of the hearing, the City Council shall make its determination
in writing specifying its findings, facts, and conclusions. If the
City Council determines that a public nuisance did exist, the City
Council shall order the Weed Commissioner to mow the property in question,
unless the property has been mowed by the owner within 48 hours of
the City Council's decision. If the owner does not abate the nuisance
within the prescribed 48 hours, the Weed Commissioner shall cause
the same nuisance to be abated and cost in excess of the forfeited
fee assessed accordingly.
[Amended 6-21-2010 by Ord. No. 2010-01]
G.
City's option to abate nuisance. In any case where
the owner, occupant or person in charge of the property shall fail
to cut his/her lawn, grass or weeds as set forth above, then and in
that event the City may elect to cut said lawn, grass or weeds as
follows:
(1)
The written notice required in Subsection E shall inform said person that in the event of his/her failure to abate the nuisance within the prescribed time, the City shall abate the same and the cost thereof shall be assessed to the property owner as a special charge.
(2)
The City shall cut or cause to be cut all grass and
weeds from the subject's property and shall charge the expenses of
so doing at a rate as established by resolution by the City Council.
The charges shall be set forth in a statement to the City Administrator
who, in turn, shall mail the same to the owner, occupant or person
in charge of the subject premises. If said statement is not paid in
full within 30 days thereafter, the City Administrator shall enter
the charges in the tax roll as a special tax against said lot or parcel
of land, and the same shall be collected in all respects like other
taxes upon real estate.
A.
When required. Whenever a sewer or water main becomes
available to any building used for human habitation, the owner of
the property upon which the building is located shall connect the
building to such main or mains in the manner prescribed by law, except
that the City Council may defer connection to such water or sewer
main or mains for those properties which have existing septic systems
or wells whose construction was permitted by the City of Weyauwega,
but such deferment shall not exceed five years from the date of installation
of such main or mains.
B.
Notice. Whenever a sewer or water main becomes available
to any building used for human habitation, the Building Inspector
shall notify the owner or his/her agent in writing by registered mail
addressed to the last known address of the owner or his/her agent.
C.
City may cause connection at expense of owner. If
the owner or his/her agent fails to comply with the notice of the
Building Inspector within three months of service or mailing thereof,
the Building Inspector may cause connection to be made, and the expense
thereof shall be assessed as a special tax against the property.[2]
D.
Privies, cesspools, etc., prohibited after connection
with sewer. After connection of any building used for human habitation
to a sewer main, no privy, cesspool or waterless toilet shall be used
in connection with such human habitation.
A.
Inspection; order to remove.
(1)
Whenever the Building Inspector, Fire Inspector or
other authorized City official shall, upon inspection of any premises
within the City of Weyauwega, find that there is deposited, placed,
stored or remaining on said premises any garbage, junk, rubbish, rubble,
trash, abandoned construction materials, rotting yard and orchard
waste, merchandise or parts, accumulation of grease or food wastes
in a grease trap or other place or depository which presents a risk
of clogging or blocking a sewer system, or any other unhealthy, hazardous
or unsightly material or thing which creates a fire or health hazard
or which is detrimental to the appearance, neatness and cleanliness
of the immediate neighborhood or the City of Weyauwega in general,
such official shall issue his/her written order to the owner and/or
occupant of the premises to remove said garbage, junk, rubbish, rubble
or trash, abandoned, outmoded, or nonsalable merchandise or parts,
construction materials, rotting yard and orchard waste, accumulation
of grease or food wastes in a grease trap or other place or depository
which presents a risk of clogging or blocking a sewer system, or other
unhealthy, hazardous or unsightly materials or things.
(2)
Said written order shall provide that such removal shall be accomplished within 10 days after service of said order upon the owner or occupant of the premises involved. Such written order, in addition to specifying and describing the material or things to be removed, shall also set forth on the face thereof the provisions of Subsection B.
(3)
Prosecution of violators under this section shall
not preclude other enforcement actions allowed by law, including other
actions under this Code of Ordinances.
B.
Appeal. Any person feeling himself/herself aggrieved
by any order of a City official under this section may, within 10
days from the date of receipt of such order, appeal such order to
the City Council.
C.
Exceptions. Nothing contained in this section shall
be construed to prohibit the depositing of rubbish, rubble, junk,
trash, abandoned, outmoded or nonsalable merchandise or parts or unsightly
materials or things which are:
D.
Nonconforming uses. It shall not be a defense to the
provisions of this section that the owner or occupant of the premises
involved has a nonconforming use under the provisions of the City
Zoning Code, but the provisions of this section shall be complied
with notwithstanding that the owner or occupant of any given premises
is using or occupying such premises under a valid nonconforming use.
A.
HARDWARE CLOTH
OWNER or MANAGER
RODENT HARBORAGE
RODENT-PROOF CONTAINER
RODENT-PROOFING
Definitions. The following definitions shall be applicable
in this section:
Wire screening of such thickness and spacing as to afford
reasonable protection against the entrance of rodents.
Whenever any person or persons shall be in actual possession
of or have charge, care or control of any property within the City,
as executor, administrator, trustee, guardian or agent, such person
or persons shall be deemed and taken to be the owner or owners of
such property within the true intent and meaning of this section and
shall be bound to comply with the provisions of this section to the
same extent as the owner, and notice to any such person of any order
or decision of the Building Inspector or his/her designee shall be
deemed and taken to be a good and sufficient notice, as if such person
or persons were actually the owner or owners of such property, except
that whenever an entire premises or building is occupied as a place
of business, such as a store, factory, warehouse, rooming house, junkyard,
lumberyard or any other business under a single management, the person,
firm or corporation in charge of such business shall be considered
the owner or manager.
Any place where rodents can live and nest without fear of
frequent molestation or disturbance.
A container constructed of concrete or metal, or the container
shall be lined with metal or other material that is impervious to
rodents, and openings into the container such as doors shall be tight-fitting
to prevent the entrance of rodents.
Consists of closing openings in building foundations and
openings under and around doors, windows, vents and other places which
could provide means of entry for rodents with concrete, sheet iron,
hardware cloth or other types of rodent-proofing material approved
by the City.
B.
Elimination of rodent harborages. Whenever accumulations
of rubbish, boxes, lumber, scrap metal, car bodies or any other materials
provide rodent harborage, the person, firm or corporation owning or
in control of such materials shall cause the materials to be removed
or the materials shall be stored so as to eliminate the rodent harborage.
Lumber, boxes and similar materials shall be neatly piled. These piles
shall be raised at least a foot above the ground. When the owner of
the materials cannot be found after a reasonable search, the owner
or manager of the premises on which the materials are stored shall
be responsible for disposal, or proper piling, of the materials.
C.
Elimination of rodent feeding places. No person, firm
or corporation shall place, or allow to accumulate, any materials
that may serve as a food for rodents in a site accessible to rodents.
Any waste material that may serve as food for rodents shall be stored
in rodent-proof containers. Feed for birds shall be placed on raised
platforms, or such feed shall be placed where it is not accessible
to rodents.
D.
Extermination. Whenever rodent holes, burrows or other
evidence of rodent infestation is found on any premises or in any
building within the City, it shall be the duty of the owner or manager
of such property to exterminate the rodents or to cause the rodents
to be exterminated. Within 10 days after extermination, the owner
or manager shall cause all of the rodent holes or burrows in the ground
to be filled with earth or other suitable material.
E.
Rodent-proofing. It shall be the duty of the owner
or manager of any building in the City of Weyauwega to make such building
reasonably rodent-proof, to replace broken basement windows and, when
necessary, to cover the basement window openings with hardware cloth
or other suitable material for preventing rodents from entering the
building through such window openings.
A.
Purpose and intent. The purpose of this section is
to promote the recycling of yard wastes and certain kitchen wastes
through composting and to establish minimum standards for proper compost
maintenance.
B.
COMPOSTING
KITCHEN WASTE
Definitions. As used in this section, the following
terms shall have the meanings indicated:
The organic waste produced from the growing, trimming, and
removal of grass, branches (not exceeding one inch in diameter), bushes,
shrubs, plants, leaves and garden debris.
Any uncooked plant matter not contaminated by or containing
meat, fish and/or dairy products.
C.
Maintenance. All compost piles shall be maintained
using approved composting procedures to comply with the following
requirements:
(1)
All compost piles shall be enclosed in a freestanding
compost bin. Each compost bin shall be no larger in volume than 125
cubic feet and shall be no taller than 42 inches.
(2)
All compost bins shall be so maintained as to prevent the attraction or harborage of rodents and pests. The presence of rodents in or near a compost bin shall be cause for the City to proceed under § 283-9.
(3)
All compost bins shall be so maintained as to prevent
unpleasant odors.
(4)
No compost bin shall be allowed to deteriorate to
such condition as to be a blighting influence on the surrounding property
or neighborhood or the City in general.
(5)
Setback.
(a)
All compost bins shall be located not less than
three feet from a property line or principal building or dwelling
and three feet from any detached accessory building.
(b)
A variance from these setback requirements may
be applied for if the property owner(s) can show a hardship exists
which prohibits compliance. In addition, any variance application
must include a signed written approval of the variance request from
the adjacent property owner(s). Variances can be granted by the Building
Inspector on an annual basis upon the proper application being submitted
by the property owner(s). Screening and/or fencing of compost bins
may be required as a condition of a variance being granted.
(6)
No compost bin shall be located in any yard except
a rear yard, as defined in the City Zoning Code.[1] A compost bin may be located in a side yard as defined in the City Zoning Code subject to the annual variance procedure contained in Subsection C(5)(b) and must be screened from view to the street.
(7)
Those composting bins which existed prior to the adoption
of this section shall be given one year to comply with the requirements
set forth herein.
E.
Owner responsibility. Every owner or operator shall
be responsible for maintaining all property under his or her control
in accordance with the requirements of this section.
F.
Municipal exception. Any municipal composting site
maintained by the City shall be exempt from the provisions of this
section.
A.
No person, firm or corporation shall bury or cause
to be buried on or in any public street or on any public ground or
on any private property belonging to said person, firm or corporation
any dead animal, animal carcass or any parts thereof within the City
of Weyauwega, except that a resident of the City of Weyauwega, upon
receiving a permit from the Supervisor of Public Works, may bury a
domestic household pet on said person's, firm's or corporation's own
private property.
