[HISTORY: Adopted by the Common Council of the City of Prescott
as Title 8, Ch. 1, of the former City Code. Amendments noted where
applicable.]
The Common Council 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 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
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.
[Amended 7-10-2017 by Ord. No. 04-17]
A.
Unless
delegated to the county, the City 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 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 the 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, "destroy" meaning 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,
or any or all of these in effective combination 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 City corporate limits.
"Noxious weed" 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.
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 12 inches in height from the ground. Specifically excluded in natural lawns are the noxious grasses and weeds identified in § 329-4 of this chapter.
[Amended 5-29-2012 by Ord. No. 08-12]
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 12 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.
[Amended 5-29-2012 by Ord. No. 08-12]
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 such lot according to the most current City records.
B.
Plan and permit required. The growth of a natural lawn in excess
of 12 inches in height from the ground surface shall be prohibited
within the City corporate limits unless a natural lawn management
plan is approved and a permit is issued by the City as set forth in
this section. Natural lawns shall not contain litter or debris and
shall not harbor undesirable wildlife.
[Amended 5-29-2012 by Ord. No. 08-12]
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 City. Natural lawn management plans shall only indicate the
planting and cultivating of natural lawn on property legally owned
by the property owner. Applicants are strictly prohibited from developing
a natural lawn 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. 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 City Clerk by the subsequent abutting
property owner. Upon receiving the written request to revoke the original
waiver, the Common Council 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
Common Council shall revise the approved natural lawn 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 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 ten-foot section
abutting the neighboring property owner no later than May 20 following
receipt of the notification.
[Amended 5-29-2012 by Ord. No. 08-12]
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 City Clerk. The completed application shall include a natural
lawn management plan. Upon submitting a completed application, a nonrefundable
filing fee as prescribed in the City's fee schedule will be assessed
by the City. 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
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 City receives written objections from 51% or
more of the neighboring property owners, the City Clerk shall immediately
deny the application.
[Amended 5-29-2012 by Ord. No. 08-12]
(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 City
Clerk shall issue permission to install a natural lawn.
E.
Appeal. The property owner may appeal the Clerk's decision to deny
the natural lawn permit request to the Common Council at an open meeting.
All applications for appeal shall be submitted within 15 calendar
days of the notice of denial of the natural lawn permit. The decision
rendered by the Common Council shall be final and binding.
[Amended 5-29-2012 by Ord. No. 08-12]
F.
Safety precautions for natural grass areas. 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.
G.
Revocation of permit. The Mayor, upon the recommendation of the Weed
Commissioner, shall have the authority to revoke an approved natural
lawn 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 permit shall be appealable to the
Common 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 lawn permit. Failure to file an application for
appeal within the 15 calendar days shall result in the revoking of
the natural lawn permit. All written applications for appeal filed
within the fifteen-calendar-day requirement shall be reviewed by the
Common Council in an open meeting. The decision rendered by the Common
Council shall be final and binding.
[Amended 5-29-2012 by Ord. No. 08-12]
H.
Public nuisance defined; 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 permit 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 Zoning Administrator
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 30 calendar days from receipt thereof. Within 60 days
after such costs and expenses are incurred and remain unpaid, the
City Treasurer shall enter those charges onto the tax roll as a special
tax as provided by state statute.
(3)
The failure of the City 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 City expense on the tax rolls for
unpaid bills for abating the public nuisance as provided for in this
section.
I.
Penalty.
(1)
An 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 of this Code.
(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 building permit for any violation of this section.
[Amended 5-29-2012 by Ord. No. 08-12; 7-10-2017 by Ord. No. 04-17]
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 Prescott.
B.
Public
nuisance declared. The Common Council finds that lawns, grasses and
noxious weeds on nonagricultural lots or parcels of land, as classified
under the Zoning Code,[1] within the City of Prescott 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 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 § 329-5 above.
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 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.
(1)
If the Weed Commissioner shall determine with reasonable certainty that any public nuisance as defined in Subsection B above exists, the Weed Commissioner shall immediately cause written notice to be served that the City proposes to have the lot grass or lawn cut so as to conform with this section and § 329-5.
(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/she is not known and there is a tenant occupying
the property, then to 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/she may request a hearing before the Health Committee.
The request for said hearing must be made in writing to the City 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 one-hundred-dollar bond. If a decision is rendered in the property
owner's favor, the $100 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 Health Committee shall be held within seven days
from the date of the owner's request. The property in question will
not be mowed by the City until such time as the hearing is held by
the Health Committee. At the hearing, the owner may appear in person
or by his/her attorney, may present witnesses in his own behalf and
may cross-examine witnesses presented by the City as well as subpoena
witnesses for his own case. At the close of the hearing, the Health
Committee shall make its determination, in writing, specifying its
findings, facts, and conclusions. If the Health Committee determines
that a public nuisance did exist, the Health Committee 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 Health Committee'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 cost in excess of the forfeited fee assessed accordingly.
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 lawn, grass
or weeds within seven days from the date of the letter, the City may
elect to cut said lawn, grass or weeds or impose a penalty 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 Health Committee. The charges shall be set forth
in a statement to the City 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
City 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.
(3)
The
City shall impose a penalty following the seven-day waiting period
of $50. A penalty of $100 shall be imposed each fifth day following
the seven-day waiting period.
A.
HARDWARE CLOTH
OWNER or MANAGER
RODENT
RODENT HARBORAGE
RODENTPROOF CONTAINER
RODENTPROOFING
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 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,
lumber yard 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.
All nuisance animals.
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 rodentproofing 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 rodentproof
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 are 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.
Rodentproofing. It shall be the duty of the owner or manager of any
building in the City of Prescott to make such building reasonably
rodentproof, 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
YARD WASTE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The controlled biological reduction of organic waste to humus.
Any uncooked plant matter not contaminated by or containing
meat, fish and/or dairy products.
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.
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 § 329-7.
(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 City in general.
(5)
Location.
(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 Zoning Board of Appeals
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.
[Amended 5-29-2012 by Ord. No. 08-12]
(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.
[Amended 5-29-2012 by Ord. No. 08-12]
A.
The City of Prescott compost area will be open as prescribed by the
Common Council for the City of Prescott and contracted community residents
only. Persons who are not residents of Prescott who have made arrangements
to use the Prescott site for brush and other compost generated in
Prescott may use the compost site upon presentation of a letter of
authorization signed by the City Administrator or the City Administrator's
designee.
B.
Persons who are not residents of Prescott or who do not have authorization
to use the City compost site from the City of Prescott who unload
brush or compost at the site are subject to a forfeiture of $300 for
the first offense and $500 for each subsequent offense. Any person
dumping materials other than brush or compost is subject to a forfeiture
of $300 for the first offense and $500 for each subsequent offense.
A.
Brush piles, cut or fallen tree limbs, piles of waste material such
as metal cans, plastic, scrap metal, boxes, rubbish, etc., which may
harbor rodents or other vermin, breed insect pest, create a health
or fire hazard shall be deemed a public nuisance.
B.
Removal. The City Administrator or his designee shall investigate
complaints and shall notify the property owner where said nuisance
is located and remove the nuisance within 10 working days.
C.
Failure to remove the nuisance. Property owners who receive notice to remove nuisances as identified under Subsection A of this section and fail to remove the material shall pay a forfeiture of $100 plus the cost to the City of Prescott to remove said material.
D.
Appeal. Persons who wish to appeal the notice to remove brush or
other rubbish may file appeal within 10 working days of the date of
the notice by contacting the City Administrator's office and
depositing a bond in the amount of $125, which will be returned if
a decision is rendered in the property owner's favor. In the
event that the property owner fails to appear or a decision is rendered
against the property owner, the bond shall be forfeited, and the City
shall remove the rubbish at the expense of the property owner.
