[HISTORY: Adopted by the Village Board of the Village of
Benton as Title 8, Ch. 1, of the Benton Code of Ordinances. Amendments
noted where applicable.]
The Village Board, acting as Board of Health, 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 Board shall be
subject to the general penalty provided for in this Code.[1]
A.
HEALTH NUISANCE
Defined. As used in this section, the following terms shall have
the meanings indicated:
Any source of filth or cause of sickness.
B.
Duty to abate. The Board of Health shall abate health nuisances pursuant
to § 254.59, Wis. Stats., which is adopted by reference
and made a part of this section.
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
or her 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.
A.
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
or 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 Village 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 § 66.0517, 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 § 66.0517(2), 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 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 § 194-6, shall include but not be limited to the following:
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Cirsium arvense (Canada thistle)
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Ambrosia artemisiifolia (common ragweed)
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Ambrosia trifida (great ragweed)
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Euphorbia esula (leafy spurge)
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Convolvulus arvensis (creeping jenny) (field bindweed)
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Tragopogon dubius (goat's beard)
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Rhus radicans (poison ivy)
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Cirsium vulgaries (bull thistle)
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Pastinaca sativa (wild parsnip)
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Arctium minus (burdock)
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Xanthium strumarium (cocklebur)
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Amaranthus retroflexus (pigweed)
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Chenopodium album (common lambsquarter)
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Rumex crispus (curled dock)
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Cannabis sativa (hemp)
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Plantago lanceolata (English plantain)
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(2)
Noxious grasses, as defined in this section and in § 194-6, shall include but not be limited to the following:
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Agrostia alba (redtop)
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Sorghum halepense (johnson)
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Setaria (foxtail)
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(3)
Noxious weeds are also the following plants and other rank growth:
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Ragweed
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Thistles
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Smartweed
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Dandelions (over 12 inches in height)
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Milkweed (over 12 inches in height)
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A.
Natural lawns defined. "Natural lawn" as used in this section shall include common species of grass and wild flowers 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 § 194-4 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 natural
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 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 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.[1]
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 Clerk-Treasurer. The completed application shall
include a natural lawn management plan. Upon submitting a completed
application, a nonrefundable filing fee, established from time to
time by the Village Board, 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. "Neighboring property owners" shall
be defined as all those property owners who are located within 300
feet of the proposed natural lawn site.[2]
(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
Clerk-Treasurer shall issue permission to install a natural lawn.
D.
Application for appeal. The property owner may appeal the Village
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.
E.
Safety precautions for natural grass areas. When, in the opinion
of the Fire Chief of the Department serving the Village of Benton,
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.
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.[3]
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 Clerk-Treasurer shall enter those charges onto the tax roll
as a special tax as provided by state statute.
(3)
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.
H.
Penalty.
(1)
Any person, firm or corporation which does not abate the nuisance within the required time period or who otherwise violates the provisions of this section shall be subject to the general penalty found in § 1-3.
(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 of Benton.
B.
Public nuisance declared. The Village Board finds that lawns, grasses
and noxious weeds on nonagricultural, nonconservancy lots or parcels
of land, as classified under the Village Zoning Code,[1] within the Village of Benton 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, interferes with the public convenience and adversely affects 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 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 § 194-5 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 or her within the Village.
D.
Inspection. The Weed Commissioner or his or 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 or 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 § 194-5.
(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 or 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 or her grasses
or weeds are not a nuisance, he or she may request a hearing before
the Village Board. 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 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 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
Village Board. At the hearing, the owner may appear in person or by
his or her attorney, may present witnesses in his or her own behalf
and may cross-examine witnesses presented by the Village as well as
subpoena witnesses for his or 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 Village 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
or 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 or 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 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, Wis. Stats.
A.
Whenever public sewer service has become available to any building
used for human habitation or human occupancy, the Village Board shall
notify, in writing, the owner, agent or occupant thereof to connect
such facilities thereto. If such persons to whom the notice has been
given shall fail to comply for more than 12 months after notice, the
Village Board shall cause the necessary connections to be made and
the expenses thereof to be assessed as a special tax against the property
pursuant to § 281.45, Wis. Stats.[1]
B.
The Village Board may extend the time for connection hereunder or
may grant other temporary relief where strict enforcement would work
an unnecessary hardship without corresponding public or private benefit.
C.
This section is enacted pursuant to § 281.45, Wis. Stats.
D.
After connection to a public sewer, no privy, privy vault, private
septic systems or cesspool shall be constructed or maintained upon
such lot or parcel. After such connection, any existing privy, privy
vault, private septic system or cesspool shall be filled or removed.
