[HISTORY: Adopted by the Village Board of the Village of
Kimberly 10-3-1988 as Secs. 8-1-5 to 8-1-7 of the 1988 Code. Amendments
noted where applicable.]
GENERAL REFERENCES
General penalty — See §
1-4.
[Amended 10-17-2016 by Ord. No. 2-2016]
A. The Village Administrator shall annually, on or before May 15, publish
as required by state law a notice that every person is required by
law to cut and/or destroy all noxious weeds on lands in the Village
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 cut and/or destroy any
weeds as required by such notice, then the Street Commissioner of
the Village shall give a one-time, seven 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 Street Commissioner,
after the expiration of the seven-day period, will proceed to cut
and/or 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 the case that the owner or occupant
shall further neglect to comply during the same growing season, then
the Street Commissioner shall immediately cut and/or destroy such
weeds or cause them to be destroyed in the manner deemed to be the
most economical method, with no further notice being given. 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 be cut and/or 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 §
202-3, 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).
(k)
Xanthium strumarium (cocklebur).
(l)
Amaranthus retroflexus (pigweed).
(m)
Chenopodium album (common lambsquarter).
(n)
Rumex crispus (curled dock).
(p)
Plantago lancellata (English plantain).
(2) Noxious grasses, as defined in this section and in §
202-3, shall include but not be limited to the following:
(b)
Dactylis glomerata (orchard).
(c)
Phleum pratensis (timothy).
(d)
Poa pratensis (Kentucky blue).
(e)
Sorghum halepense (johnson).
(3) Noxious weeds are also the following plants and other rank growth:
A. Natural lawns defined. "Natural lawn," as used in this section, shall include 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 §
202-1 of this chapter. 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.
B. Natural lawn management plan defined.
(1) "Natural lawn management plan," as used in this section, shall mean
a written plan relating to the management and maintenance of a lawn,
which contains a legal description of 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.
(2) 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. "Property owner" shall be defined to include the legal
title holder and/or the beneficial owner of any such lot according
to most current Village records. 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 lawn management
plan.
(3) 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 Administrator 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 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 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 Administrator. The completed application shall include
a natural lawn management plan. Upon submitting a completed application,
a twenty-five-dollar nonrefundable filing fee 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 properties 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 Administrator
shall immediately deny the application. "Neighboring property owners"
shall be defined as all those property owners who are located within
300 feet of the proposed natural lawn site.
(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
Administrator shall issue permission to install a natural lawn.
D. Application for appeal. The property owner may appeal the Village
Administrator'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.
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 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 permit. The Village President,
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 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. 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 15 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 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 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 Administrator shall enter those charges onto the tax roll
as a special tax as provided by state statute.
(3) The failure of the Village Administrator 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. Violations and penalties.
(1) Any person, firm or corporation which does not abate the nuisance within the required time period or which otherwise violates the provisions of this section shall be subject to the general penalty found in §
1-4 of the Code.
(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 §
202-2 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/her within the Village.
D. Inspection. The Weed Commissioner or his/her 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.
(1) If the Weed Commissioner shall determine with reasonable certainty that any public nuisance as defined in Subsection
B above exists, he/she shall immediately cause written notice to be served that the Village proposes to have the lot grass or lawn cut so as to conform with this section and §
202-1.
(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 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/her grasses or
weeds are not a nuisance, he/she may request a hearing before the
Village Board. The request for said hearing must be made in writing
to the Village Administrator'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 twenty-five-dollar
bond. 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/her
attorney, may present witnesses in his/her own behalf and may cross-examine
witnesses presented by the Village as well as subpoena witnesses for
his/her 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 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/her
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/her 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 Administrator 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 Administrator 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.