[Adopted 4-12-1988 as Secs. 6-1-3 to 6-1-5 of the 1988 Code]
A.
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 on lands in the Village which he 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 Village 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 Village
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 Village 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.
[Amended 1-11-2011]
(1)
Noxious weeds, as defined in this section and in § 404-3, shall include but not be limited to the following:
(a)
Cirsium arvense (Canada thistle).
(b)
Ambrosia artemisiifolia (common ragweed).
(c)
Ambrosia trifida (great ragweed).
(d)
Euphorbia esula (leafy spurge).
(e)
Convolvulus arvensis (creeping jenny; field bindweed).
(f)
Tragopogon dubius (goat's beard).
(g)
Rhus radicans (poison ivy).
(h)
Cirsium vulgare (bull thistle).
(i)
Pastinaca sativa (wild parsnip).
(j)
Arctium minus (burdock).
(k)
Xanthium strumarium (cocklebur).
(l)
Amaranthus retroflexus (pigweed).
(m)
Chenopodium album (common lambsquarter).
(n)
Rumex crispus (curled dock).
(o)
Cannabis sativa (hemp).
(p)
Plantago lanceolata (English plantain).
A.
NATURAL LAWN
NATURAL LAWN MANAGEMENT PLAN
NEIGHBORING PROPERTY OWNERS
PROPERTY OWNER
Definitions. As used in this section, the following terms shall have
the meanings indicated:[1]
Includes 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 lawns are the noxious grasses and weeds identified in § 404-1 of this chapter.
A written plan relating to the management and maintenance
of a lawn which contains a legal description of the lawn upon which
the planted grass will exceed 10 inches in length, a statement of
intent and purpose for the lawn, a detailed description of the vegetational
types, plants and plant succession involved, and the specific management
and maintenance techniques to be employed.
All those property owners who are located within 300 feet
of the proposed natural lawn site.
Includes the legal title holder and/or the beneficial owner
of any lot according to the most current Village records.
B.
Plan and
permit required; litter and wildlife. The growth of a natural lawn
in excess of 10 inches in height from the ground surface shall be
prohibited within the Village corporate limits unless a natural lawn
management plan is approved and a permit is issued by the Village
as set forth in this section. Natural lawns shall not contain litter
or debris and shall not harbor undesirable wildlife.
C.
Natural lawn management plan.
(1)
Property owners who wish to plant and cultivate a natural lawn must
submit their written plan and related information on the form provided
by the Village. Natural lawn management plans shall only indicate
the planting and cultivating of natural lawns on property legally
owned by the property owner. Applicants are strictly prohibited from
developing a natural lawn on any Village-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. In addition, natural lawns shall
not be permitted within 10 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 lawn management
plan.
(2)
Any subsequent property owner who abuts an approved natural lawn
may revoke the waiver, thereby requiring the owner of the natural
lawn to remove the natural lawn that is located in the ten-foot section
abutting the neighboring property owner. Such revocation shall be
put in writing and presented to the Village Clerk by the subsequent
abutting property owner. Upon receiving the written request to revoke
the original waiver, the Village Board shall contact the owner of
the approved natural lawn and direct the owner to remove the natural
lawn located in the ten-foot section abutting the neighboring property
owner. The Village Board shall revise the approved natural lawn management
permit accordingly. The owner of the approved natural lawn shall be
required to remove the ten-foot section abutting the neighboring property
owner within 20 days of receipt of the written notification from the
Village, provided that the notification is received sometime between
May 1 and November 1. Property owners who receive notification from
the Village between November 1 and April 30 shall be required to remove
the ten-foot section abutting the neighboring property owner no later
than May 20 following receipt of the notification.
D.
Application process.
(1)
Property owners interested in applying for permission to establish
a natural lawn shall obtain and complete an application form available
from the Village Clerk. The completed application shall include a
natural lawn management plan. Upon submitting a completed application,
a nonrefundable filing fee as set by the Village Board will be assessed
by the Village. Upon receiving payment, copies of the completed application
shall be mailed by the Village to each of the owners of record, as
listed in the office of the Village Assessor, who are owners of the
property situated wholly or in part within 300 feet of the boundaries
of the property 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 Village receives written objections from 51% or
more of the neighboring property owners, the Village Clerk shall immediately
deny the application.
(2)
If the property owner's application is in full compliance with the
natural lawn management plan requirements and less than 51% of the
neighboring property owners provide written objections, the Village
Clerk shall issue permission to install a natural lawn.
E.
Application for appeal. The property owner may appeal the Clerk's
decision to deny the natural lawn permit request to the Village Board
at an open meeting. All applications for appeal shall be submitted
within 15 calendar days of the notice of denial of the natural lawn
management plan. The decision rendered by the Village Board shall
be final and binding.
F.
Safety precautions for natural grass areas.
(1)
When, in the opinion of the Fire Chief, the presence of a natural
lawn may constitute a fire or safety hazard due to weather and/or
other conditions, the Fire Chief may order the cutting of natural
lawns to a safe condition. As a condition of receiving approval of
the natural lawn permit, the property owner shall be required to cut
the natural lawn within three days upon receiving written direction
from the Fire Chief.
(2)
Natural lawns shall not be removed through the process of burning
unless stated and approved as one of the management and maintenance
techniques in the natural lawn management plan. The Fire Chief shall
review all requests to burn natural lawns and shall determine if circumstances
are correct and all applicable requirements have been fulfilled to
ensure public safety. Burning of natural lawns 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 lawns, thereby ensuring the public safety.
In addition, the property owner requesting permission to burn the
natural lawn shall produce evidence of property damage and liability
insurance identifying the Village as a party insured. The minimum
amount of acceptable insurance shall be $300,000.
G.
Revocation of an approved natural lawn management plan permit. The
Village President, upon the recommendation of the Weed Commissioner,
shall have the authority to revoke an approved natural lawn management
plan permit if the owner fails to maintain the natural lawn or comply
with the provisions set forth in this section. Notice of intent to
revoke an approved natural lawn management plan permit shall be appealable
to the Village Board. All applications for appeal shall be submitted
within 15 calendar days of receipt of the written notice of intent
to revoke the approved natural lawn management plan permit. Failure
to file an application for appeal within 15 calendar days shall result
in the revoking of the natural lawn management plan permit. All written
applications for appeal filed within the required 15 calendar days
shall be reviewed by the Village Board in an open meeting. The decision
rendered by the Village Board shall be final and binding.
H.
Public nuisance abatement after notice.
(1)
The growth of a natural lawn as defined in this section shall be
considered a public nuisance unless a natural lawn management plan
has been filed and approved and a permit is issued by the Village
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
Village Clerk shall enter those charges onto the tax roll as a special
tax as provided by state statute.
(3)
The failure of the Village Clerk 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 Village expense on the tax rolls
for unpaid bills for abating the public nuisance as provided for in
this section.
I.
Penalty.
(1)
Any person, firm or corporation who or which does not abate the nuisance within the required time period or who otherwise violates the provisions of this section shall be subject to the general penalty found in § 1-5.
(2)
In addition to any penalties herein provided, the Village may issue
stop-work orders upon owners of lots where work is unfinished under
a previously issued building 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 Village.
B.
Public nuisance declared. The Village Board finds that lawns, grasses and noxious weeds on lots or parcels of land which exceed 10 inches in length adversely affect the public health and 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 Village. For that reason, any lawn, grass or weed on a lot or other parcel of land which exceeds 10 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 § 404-2 above. Also exempt from the length restrictions are parcels within the C-1 and R-4 Zoning Districts.[1]
C.
Nuisance 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 within the Village.
D.
Inspection. The Weed Commissioner or his designee shall inspect or cause to be inspected all premises and places within the Village to determine whether any public nuisance as defined in Subsection B above exists.
E.
Abatement of nuisance.
(2)
The notice shall be served at least five days prior to the date of
the hearing and shall be mailed to or served on the owner of the lot
or parcel of land or, if he is not known and there is a tenant occupying
the property, then on the tenant of the time and place at which the
hearing will be held.
F.
Due process hearing. If the owner believes that his grasses or weeds
are not a nuisance, he may request a hearing before the Village Board.
The request for said hearing must be made in writing to the Village
Clerk's office within the five days set forth in the Weed Commissioner's
notice. Upon application for the hearing, the property owner must
deposit a bond of $25. 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 Village personnel abating the nuisance, if necessary.
When a hearing is requested by the owner of the property, a hearing
by the Village Board shall be held within seven days from the date
of the owner's request. The property in question will not be mowed
by the Village until such time as the hearing is held by the Board.
At the hearing, the owner may appear in person or by his attorney,
may present witnesses in his own behalf and may cross-examine witnesses
presented by the Village as well as subpoena witnesses for his own
case. At the close of the hearing, the Village Board shall make its
determination in writing specifying its findings, facts, and conclusions.
If the Village Board determines that a public nuisance does exist,
the Board 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 Village Board's decision. If the owner does not abate
the nuisance within the described 48 hours, the Weed Commissioner
shall cause the nuisance to be abated and the cost in excess of the
forfeited fee to be assessed accordingly.
G.
Village's option to abate nuisance. In any case where the owner,
occupant or person in charge of the property shall fail to cut his
lawn, grass or weeds as set forth above, then and in that event the
Village 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 failure to abate the nuisance within the prescribed time, the Village shall abate the same and the cost thereof shall be assessed to the property owner as a special charge.
(2)
The Village shall cut or cause to be cut all grass and weeds from
the subject property and shall charge the expenses of so doing at
a rate as established by resolution by the Village Board. The charges
shall be set forth in a statement to the Village Clerk 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 Village Clerk 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 or as provided under § 66.0907(3)(f), Wis. Stats.
[Added 4-11-2023]
A.
Requirements. All work done to maintain retention/detention ponds
shall be completed by an insured and bonded contractor.
B.
Signs. All retention/detention ponds shall be posted as "no trespassing"
and "no swimming."
C.
Stump removal and sprout prevention. Stumps of trees should be removed
so vegetation can be established, and the surface mowed. Stumps can
either be removed by pulling or with machines to grind them down.
All woody material should be removed to about six inches below the
ground surface. The cavity should be filled with well-compacted soil
and grass vegetation established. Stumps of trees in riprap areas
that cannot be easily pulled or ground down shall be chemically treated
so they will not continually form new sprouts.
D.
Landscaping. Vegetation shall be examined regularly, at least twice
a year during the first two growing seasons. Stunted growth of pond
vegetation or growth and excessive invasive species indicate that
increased maintenance and intervention shall be necessary. Grass length
shall be no longer than 10 inches in areas abutting residential areas.
E.
Structural inspection and maintenance. After construction and site
grading are complete, the pond shall be inspected by the Director
of Public Works for correct design depth and volume. If sediment has
deposited during construction or site grading, the pond shall be reexcavated.
F.
Sediment removal (dredging). Levels of sediment shall be checked
on an annual basis. When the sediment in the forebay reaches a depth
of two feet, the material shall be removed so that the original volume
of the permanent pool is maintained. The Director of Public Works
shall be allowed to inspect the pond to determine when dredging is
required.
G.
Violations and penalties. In any case where the owner, occupant,
or person in charge of the property shall fail to comply with the
guidelines, the Village shall abate the same and the cost thereof
shall be assessed to the property owner as a special charge. The Village
shall bring the property to the minimum standards and shall charge
the expenses of so doing at a rate as set in the Fee Schedule by the
Village Board. The charges shall be set forth in a statement to the
Village Clerk, who, in turn, shall mail the same to the owner, occupant,
or person in charge of the premises. If said statement is not paid
in full within 30 days thereafter, the Village Clerk shall enter the
charges in the tax toll as a special tax against said parcel of land.
