[Adopted 7-22-1993 as Secs. 8-1-4 to 8-1-6 of the 1993 Code]
A.
The City 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 weed on lands in the City which he 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 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 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 weeds" shall include any weed, grass or similar plant growth
which, if allowed to pollinate, would cause or produce hayfever in
human beings or would cause a skin rash through contact with the skin.
(1)
Noxious weeds, as defined in this section and in § 481-3, 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 bindweed).
(f)
Tragopogon dubius (goat's beard).
(g)
Rhus radicans (poison ivy).
(h)
Cirsium vulgare (bull thistle).
(i)
Pastinaca sativa (wild parsnip).
(j)
Arctium minus (burdock).
(k)
Xanthium strumarium (cocklebur).
(l)
Amaranthus retroflexus (pigweed).
(m)
Chenopodium album (common lambsquarter).
(n)
Rumex crispus (curled dock).
(o)
Cannabis sativa (hemp).
(p)
Plantago lanceolata (English plantain).
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 eight inches in height from the ground. Specifically excluded in natural lawns are the noxious grasses and weeds identified in § 481-1 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 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.[1]
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 eight 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.
C.
Location.
(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 lawns on property legally owned
by the property owner. Applicants are strictly prohibited from developing
a natural lawn on any City-owned property, including the street right-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-Treasurer by the subsequent
abutting 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.[2]
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-Treasurer. The completed application shall include
a natural lawn management plan. Upon submitting a completed application,
a nonrefundable filing fee set by the Common Council 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-Treasurer shall
immediately deny the application.[3]
(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-Treasurer
shall issue permission to install a natural lawn.
E.
Application for appeal. The property owner may appeal the Clerk-Treasurer'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.[4]
F.
Safety precautions for natural grass areas.
(1)
When, in the opinion of the Chief of the Fire Department serving
the City of Marion, 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.
(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 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 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 City as a third-party insured. A minimum
amount of acceptable insurance shall be $300,000.
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 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.[5]
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 a permit is 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 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
City Clerk-Treasurer shall enter those charges onto the tax roll as
a special tax as provided by state statute.
(3)
The failure of the City 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 City expense on the tax rolls
for unpaid bills for abating the public nuisance as provided for in
this section.
I.
Penalty.
(1)
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.
(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.
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 Marion.
B.
Public nuisance declared. The Common Council finds that lawns, grasses and noxious weeds on nonagricultural lots or parcels of land, as classified under Chapter 625, Zoning, of this Code, within the City of Marion 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 § 481-2 above. The provisions of Wis. Stats., § 66.0407, are incorporated herein by reference.
[Amended 6-13-2022 by Ord. No. 2022-001]
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 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.
(2)
A notice shall be 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 on the tenant, of the time at which the mowing must be completed, not more than 48 hours from the time the notice was issued or served. The notice will specify the current charge for lawn mowing by the City as listed in the annual fee schedule and notify the property owner/occupant that if the owner/occupant fails to abate the nuisance the City may elect to abate said nuisance pursuant to Subsection F below. If the property owner/occupant fails to perform the mowing within 48 hours of the notice, the City may abate the nuisance by mowing the lawn and cause the cost of said mowing to be charged to the property owner pursuant to Subsection F below. If a particular property receives more than one warning to cut the grass within a calendar year, the property owner shall be subject to nuisance citations subject to a penalty as provided in § 1-4 of this Code on an escalating scale with each subsequent violation.
[Amended 6-13-2022 by Ord. No. 2022-001]
F.
[1]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 as set forth above, then and in that
event the City 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 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 Common Council. The charges
shall be set forth in a statement to the City 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 City 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.
[1]
Editor's Note: Former Subsection F, regarding due process
hearings, was repealed 6-13-2022 by Ord. No. 2022-001. This ordinance also
redesignated former Subsection G as Subsection F.
