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.
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.
(1) Noxious
weeds, as identified in § 66,96(2), Wis. Stats., and defined
in this section, shall include but not be limited to the following:
(a) Rhus radicans (poison ivy).
(b) Pastinaca sativa (wild parsnip).
[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, 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.
[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.