[HISTORY: Adopted by the Town Board of the Town of Vernon 2-18-2010 by Ord. No.
2010-01. Amendments noted where applicable.]
Section 66.0407 of the Wisconsin Statutes mandates the destruction
of all noxious weeds. The Weed Control Ordinance is designed to protect
agricultural land, natural ecosystems, and public health.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes the following:
NOXIOUS WEEDSA class of weeds that must be destroyed. As specified in § 66.047(1)(b), Wis. Stats., "noxious weeds" includes the following:
NUISANCE WEEDSA class of weeds that are prohibited from being cultivated or sold. As "Nuisance Weeds" as specified in § 23.235(1)(a) and (b), Wis. Stats., "nuisance weeds" includes the following:
The complete killing of weeds or the killing of weed plants
above the surface of the ground by the use of chemicals, cutting,
tillage, cropping system, pasturing livestock, or any or all of these
in effective combination, at such time and in such manner as will
effectually prevent such plants from maturing to the bloom or flower
stage.
[Amended 3-15-2018 by Ord. No. 2018-03]
Every person is required by law to destroy all noxious weeds, as defined in this chapter, on lands within the Town which the person owns, occupies or controls. Failure to comply with this chapter shall subject persons who own, occupy or control land with noxious weeds that are not destroyed to a forfeiture in accordance with the provisions of § 295-5.
A.
The Weed Control Ordinance shall be administered and enforced by
the Weed Commissioner. The Weed Commissioner shall carefully investigate
concerns regarding the existence of noxious weeds within the borders
of the Town of Vernon which are brought to his or her attention. The
Weed Commissioner may be accompanied by a designee.
B.
The Weed Commissioner shall investigate the existence of noxious
weeds in the Town of Vernon. If a person in the Town neglects to destroy
noxious weeds as required under § 66.0407(3), Wis. Stats.,
the Weed Commissioner will send a notice when noxious weeds are observed,
and such notice shall identify the property and the noxious weeds,
shall demand that the weeds be destroyed within five days from the
date of the notice, and shall advise that failure to correct the problem
may result in the destruction of the noxious weeds by the Town, and
all of the costs incurred by the Town shall be billed to the property
owner as a special charge.
C.
The Weed Commissioner is authorized to destroy noxious weeds by state
statute. Pursuant to § 66.0517(3), Wis. Stats., "if a person
in a district neglects to destroy noxious weeds as required under
§ 66.0407(3), the weed commissioner shall destroy, or have
destroyed, the noxious weeds in the most economical manner. A weed
commissioner may enter upon any lands that are not exempt under § 66.0407(5)
and cut or otherwise destroy noxious weeds without being liable to
an action for trespass or any other action for damages resulting from
the entry and destruction, if reasonable care is exercised."
D.
The Weed Commissioner is appointed by May 15 of each year by the
Vernon Town Board.
E.
The Weed Commissioner shall follow statutory requirements under § 66.0407,
Wis. Stats.
F.
The Weed Commissioner shall respond to complaints within a reasonable
period of time.
G.
A certified notice shall be sent to owners of properties containing
noxious weeds. After five days, the property or properties shall be
reinspected to determine if the noxious weeds are destroyed, and noted
in the file. If the noxious weeds are still present, the Weed Commissioner
shall send in a contracted cutter to cut the noxious weeds.
H.
The Town Clerk and the Weed Commissioner will determine the tax key(s),
and the Town Clerk will bill accordingly.
A.
If the Town of Vernon is required to complete the destruction of
the noxious weeds, actual costs will be charged to the property owner
at a minimum of $100, but the cost could be more depending on the
time and the amount of equipment needed to complete the work.
B.
The property owner will be billed for the weed destruction. Any bills
not paid by November 1 will be placed on the tax bill to each tract
of land in the next tax roll, in a column headed "For the Destruction
of Weeds," as a special charge on the lands upon which such weeds
were destroyed, pursuant to § 66.0627 of the Wisconsin Statutes.
