[HISTORY: Adopted by the Village Board of
the Village of Siren as indicated in article histories. Amendments
noted where applicable.]
[Adopted 1-8-1988 as Secs. 6-1-5 to 6-1-7 of the 1988 Code]
A.
The Village Clerk-Treasurer 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(2), 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 eight 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.
(1)
Noxious weeds, as defined in this section and in § 415-3, 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
bind weed).
(f)
Tragopogon dubius (goat's beard).
(g)
Rhus radicans (poison ivy).
(h)
Cirsium vulgaries (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 lancellata (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:
Includes common species of grass and wildflowers native to North America which are designed and purposely cultivated to exceed eight inches in height from the ground. Specifically excluded in natural lawns are the noxious grasses and weeds identified in § 415-1 of this article. The growth of a natural lawn in excess of eight 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.
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 eight 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 most current Village records.
B.
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-Treasurer
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 plan 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.
C.
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-Treasurer. 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-Treasurer shall immediately deny the application.
(2)
If the property owner's application is in full compliance
with the natural lawn management plan requirements and fewer than
51% of the neighboring property owners provide written objections,
the Village Clerk-Treasurer shall issue permission to install a natural
lawn.
D.
Appeal. The property owner may appeal the Clerk-Treasurer'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 permit. The decision rendered by the Village Board
shall be final and binding.
E.
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 the 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.
A minimum amount of acceptable insurance shall be $300,000.
F.
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 the
15 calendar days shall result in the revoking of the natural lawn
management plan permit. All written applications for appeal filed
within the fifteen-calendar-day requirement shall be reviewed by the
Village Board in an open meeting. The decision rendered by the Village
Board shall be final and binding.
G.
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-Treasurer shall enter those charges onto
the tax roll as a special tax as provided by state statute.
(3)
The failure of the Village Clerk-Treasurer 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.
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 § 1-4.
(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 eight 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 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 § 415-2 above.
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 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-Treasurer'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 did 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 same nuisance to be abated and the
cost in excess of the forfeited fee 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's 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-Treasurer, 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-Treasurer
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.
[Adopted 1-8-1988 as Sec. 8-4-8 of the 1988 Code]
No disassembled, inoperable, unlicensed, junked
or wrecked motor vehicles, truck bodies, tractors, trailers, farm
machinery or appliances shall be stored unenclosed outside a building
upon private property within the Village for a period exceeding 10
days unless it is in connection with an authorized business enterprise
located in a properly zoned area and maintained in such a manner as
to not constitute a public nuisance.
As used in this article, the following terms
shall have the meanings indicated:
Motor vehicles, recreational vehicles, truck bodies, tractors,
farm machinery or trailers in such state of physical or mechanical
ruin as to be incapable of propulsion or being operated upon the public
streets or highways or which are 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.
Any stove, washer, refrigerator or other appliance which
is no longer operable in the sense for which it was manufactured.
As defined in § 340.01(35), Wis. Stats.
Motor vehicles, truck bodies, tractors, recreational vehicles
or trailers which do not bear lawful current license plates.
This article shall not apply to any motor vehicle
or motor vehicle accessories stored within an enclosed building or
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 in a storage place or depository maintained
in a lawful place and manner or to seasonal use vehicles, such as
snowmobiles, motorcycles, motor scooters and nonmotorized campers,
provided that such vehicles are stored in compliance with the ordinances
of the Village. Also excepted are motor vehicles registered pursuant
to §§ 341.265 and 341.266, Wis. Stats. In other situations
the Village Board may issue temporary permits permitting an extension
of not to exceed an additional 30 days' time to comply with this article
where exceptional facts and circumstances warrant such extension.
A.
Whenever the Police Department shall find any vehicles
or appliances, as described herein, placed or stored in the open upon
private property within the Village, it shall notify the owner of
said property on which said vehicle or appliance is stored of the
violation of this article. If said vehicle or appliance is not removed
within five days, the Police Department shall cause to be issued a
citation to the property owner or tenant of the property upon which
said vehicle or appliance is stored.
B.
If such vehicle or appliance is not removed within 10 days after issuance of a citation, the Chief of Police shall cause the vehicle or appliance to be removed and impounded, and it shall thereafter be disposed of as prescribed in §§ 503-3 through 503-6 by the Chief of Police or his duly authorized representative. Any cost incurred in the removal and sale of said vehicle or appliance shall be recovered from the owner. However, if the owner of the vehicle or appliance cannot readily be found, the cost of such removal shall be charged to the property from which it is removed, which charges shall be entered as a special charge on the tax roll.[1]
Any person who shall interfere with the enforcement of any of the provisions of this article and shall be found guilty thereof shall be subject to a penalty as provided in § 1-4. Each motor vehicle or appliance involved shall constitute a separate offense.
