[Adopted 8-4-1997 by Ord. No. 1-1997;
amended in its entirety 3-12-2001]
[Amended 4-11-2016 by Ord. No. 3-2016]
No disassembled, inoperable, unlicensed, junked, or wrecked
motor vehicles, truck bodies, tractors, trailers, farm machinery,
vehicle parts, tires, or inoperable appliances shall be stored upon
private property within the Town of Holland for a period exceeding
10 days unless in connection with an authorized business enterprise
located in a properly zoned area maintained in such a manner as to
not constitute a public nuisance or unless screened from ordinary
public view by means of a fence, rapidly growing trees, shrubbery
or other appropriate means approved by the Town Board. Any such equipment
or material stored in public view in violation hereof constitutes
a public nuisance.
[Amended 4-11-2016 by Ord. No. 3-2016]
As used in this article, the following terms shall have the
meanings indicated:
DISASSEMBLED, INOPERABLE, JUNKED OR WRECKED MOTOR VEHICLES,
TRUCK BODIES, TRACTORS OR TRAILERS
Motor vehicles, truck bodies, tractors, farm machinery, or
trailers in such state of physical or mechanical ruin as to be incapable
of propulsion, being operated upon the public streets or highways
or otherwise not in safe or legal condition for operation on public
streets or highways due to missing or inoperative parts, flat or removed
tires, expired or missing license plates or other defects.
INOPERABLE APPLIANCE
Any stove, washer, refrigerator, or other like appliance
intended for indoor use which is no longer operable for its manufactured
purpose.
[Amended 4-11-2016 by Ord. No. 3-2016]
A. This article shall not apply to:
(1) Equipment or material stored:
(a)
Within an enclosed building or otherwise screened from public
view by means of a fence, rapidly growing trees, shrubbery or other
appropriate means approved by the Town Board;
(b)
On the premises of a business enterprise operated in a lawful
place and manner in a properly zoned area when necessary to the operation
of such business enterprise; or
(c)
In a storage place or depository maintained in a lawful place
and manner.
(2) Seasonal use vehicles, such as snowmobiles, motorcycles, motor scooters,
and nonmotorized campers, provided that such machinery and vehicles
are stored in compliance with the ordinances of the Town.
(3) Motor vehicles registered pursuant to §§ 341.265 and
341.266, Wis. Stats.
(4) Farm equipment and machinery on premises in any agricultural zoning
district.
B. The Town Board may issue temporary permits to provide an extension
of not to exceed 30 days to comply with this article where exceptional
facts and circumstances warrant such extension.
Any person who shall violate or cause to be
violated any provision of this article shall, upon conviction thereof,
be subject to a forfeiture of not less than $10 nor more than $100
for each day said violation continues after the notice of violation
thereof.
[Adopted 1-8-2001 by Ord. No. 1-2001]
The Chairperson shall appoint a resident to
serve as Weed Commissioner, subject to Town Board confirmation. The
term of office of the Weed Commissioner shall commence on the first
day of May following his or her appointment. The Weed Commissioner
shall take the official oath, which oath shall be filed in the office
of the Town Clerk, and shall hold office for one year or until a successor
has qualified. The Weed Commissioner shall hold office pursuant to
and fulfill the duties set out in state law.
[Amended 12-10-2007 by Ord. No. 1-2007; 5-13-2013 by Ord. No.
6-2013]
A. The Town Chairperson may annually, on or before May 15, publish a
Class 2 notice that every person is required by law to destroy all
noxious weeds on lands in the Town which the person owns, occupies
or controls. A joint notice with any other town, village or city may
be utilized.
B. A person owning, occupying or controlling land in the Town shall
destroy all noxious weeds on the land. If the person fails to destroy
any noxious weeds, then the Town Weed Commissioner shall give five
days' written notice by mail to the person to the effect that
the Weed Commissioner, after the expiration of the five-day period,
will proceed to destroy or cause to be destroyed all noxious weeds
growing upon the land and that the cost thereof will be imposed as
a special charge upon the land upon which the weeds are located under
the provisions of § 66.0627, Wis. Stats. In the event the
person fails to comply with the five-day notice, then the Weed Commissioner
shall destroy the 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 the land and be collected as a special charge
thereon.
C. The Town declares 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 eight inches in height
from the ground surface shall be prohibited within the Town. "Destroy,"
as used in this section, shall have the meaning set forth in § 66.0407(1)(a),
Wis. Stats. "Noxious weeds," as used in this section, shall mean Canada
thistle, leafy spurge, field bind weed, any weed designated as a noxious
weed by the Wisconsin Department of Natural Resources by rule, and
any other weed the Town Board or Sheboygan County Board by ordinance
or resolution declares to be noxious within its boundaries.
If the person who receives a notice from the Weed Commissioner pursuant to §
263-8B believes that no noxious weeds exist on that person's lands, that person may request a hearing before the Town Board. The request for said hearing must be made in writing to the Town Clerk within the five days set forth in the Weed Commissioner's notice. Upon application for the hearing, the applicant must deposit a bond of $125. If a decision is rendered in the applicant's favor, the $125 will be returned to the applicant. If the applicant fails to appear for the hearing or if the decision is rendered against the applicant, the deposit shall be forfeited and applied to the cost of the Town's administrative expenses. When a hearing is requested, a hearing by the Town Board shall be held within 14 days from the date of the request. The Weed Commissioner shall not proceed further until such time as the hearing is held by the Board. At the hearing, the applicant may appear in person or by his or her attorney, may present witnesses in his or her own behalf and may cross-examine witnesses presented by the Town as well as subpoena witnesses for his or her own case. At the close of the hearing, the Town Board shall make its determination in writing specifying its findings of fact and conclusions. If the Town Board determines that noxious weeds exist on said lands, the Board shall order the Weed Commissioner to destroy all such weeds unless the weeds have been destroyed by the owner or occupant within 48 hours of the Town Board's decision. If the owner or occupant does not destroy the weeds within the described 48 hours, the Weed Commissioner shall proceed pursuant to §
263-8 hereof.