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.
If any owner, occupant, or person in charge of any parcel or lot fails to destroy noxious weeds as required under § 66.0407(3), Wis. Stats., the Weed Commissioner shall provide written notice to the owner, occupant, or person in charge, directing that person to destroy the noxious weeds no later than five days following the issuance of the notice. The notice shall be hand-delivered or mailed by regular mail to the last known address of the owner, occupant, or person in charge. The notice shall direct the owner, occupant or person in charge to destroy the noxious weeds, state that if the person does not destroy the noxious weeds the Weed Commissioner may destroy the noxious weeds, and state that the Weed Commissioner may, during the remainder of the growing season, and without further notice, cause additional growths of noxious weeds to be destroyed, and state that the cost of such work may be assessed as a tax against such parcel or lot pursuant to § 66.0517(3), Wis. Stats. If the person receiving such notice fails to destroy the noxious weeds within the time required in the notice, the Weed Commissioner may cause the noxious weeds to be destroyed pursuant to § 66.0517(3), Wis. Stats. If an owner, occupant, or person in charge of a lot or parcel receives one written notice pursuant to this section, the Weed Commissioner may cause additional growths of noxious weeds to be destroyed at any time during the remainder of the growing season without further notice. The cost of destroying noxious weeds may be charged against the lot or parcel pursuant to § 66.0517(3)(b), Wis. Stats. Any person who violates this section shall be subject to a penalty as provided in § 1-4 of this Code. Each twenty-four-hour period that a violation of this period occurs shall constitute a separate offense under this section for enforcement purposes.
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 six 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.
Includes common species of grass and wildflowers native to North America which are designed and purposely cultivated to exceed six inches in height from the ground. Specifically excluded in "natural lawns" are the noxious grasses and weeds identified in § 408-13 of this article.
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 six 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.
Permit required. The growth of a natural lawn in excess of six 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. Natural lawns of perennial plants are allowed
on lots with exceptionally steep grades without a permit under this
section.
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.
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 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.
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 forth in Chapter A150, Fees, 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 Clerk-Treasurer shall immediately deny the application.[1]
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-Treasurer shall issue permission to install a natural lawn.
Application for 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. The decision rendered by the Village Board shall
be final and binding.
When, in the opinion of the Fire Chief of the Department serving
the Village of Dane, 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.
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 insuring 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.
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 permit. Failure to file
an application for appeal within 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 Village Board in an open meeting. The decision
rendered by the Village Board shall be final and binding.
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.
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.
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.
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 of this Code.
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.
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 of Dane.
Public nuisance declared. The Village Board finds that lawns, grasses and noxious weeds on nonagricultural, nonconservancy lots or parcels of land, as classified under Chapter 520, Zoning, within the Village of Dane which exceed six 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 nonagricultural lawn, grass or weed on a lot or other parcel of land which exceeds six 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 § 408-14 above.
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 Village.
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.
If the Weed Commissioner shall determine with reasonable certainty that any public nuisance as defined in Subsection B above exists, he 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 § 408-14.
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 to the tenant, of the time and place at which the
hearing will be held.
Due process hearing. If the owner believes that his grasses or weeds
are not a nuisance, he may request a hearing before the Zoning Board
of Appeals. 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 $100. 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 Village personnel abating the nuisance, if necessary. When
a hearing is requested by the owner of the property, a hearing by
the Zoning Board of Appeals 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 Zoning Board of Appeals. 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 Zoning Board of Appeals shall make its determination, in writing,
specifying its findings, facts, and conclusions. If the Zoning Board
of Appeals determines that a public nuisance did exist, the Zoning
Board of Appeals 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 Zoning Board of Appeals 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.[1]
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:
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.
The Village shall hire a company or individual to cut or cause to
be cut all grass and weeds from the subject's property and shall charge
the expenses of so doing to the property owner. 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.[2]