[Amended 8-13-2019 by Ord. No. 19:06]
If the property owner or occupant thereof is served with a public nuisance violation of weed and grass control, he or she has 10 days from the mailing time/date of the violation to abate the nuisance or request a hearing pursuant to §
214-2C. If the nuisance is not abated within said 10 days and no hearing is requested under §
214-2C, the Village Board or its appointed personnel shall impose the general penalty and proceed with the abatement, keeping an account of the expense of the abatement; that expense shall be charged to and paid by such property owner. Notice of the expense for abatement of the public nuisance shall be mailed to the property owner. If the costs and expenses are incurred and remain unpaid, the Village Clerk shall enter those charges onto the tax roll as provided by state statute.
A. Order to abate nuisance. If the inspecting officer determines that
a public nuisance exists on private premises but that the nature of
such nuisance is not such as to threaten imminent danger to the public
health, safety, peace, morals or decency, he should issue an order
reciting the existence of a public nuisance and giving the owner or
occupant of the premises an opportunity to remove or abate the condition
described in the order within the time period specified therein. The
order is to be served personally on the owner of the building, as
well as the occupant if different from the owner and applicable to
the described nuisance, or at the option of the inspecting officer,
the notice may be mailed to the last known address of the person,
to be served by certified mail with return receipt. If the owner or
the occupant cannot be served, the order may be served by posting
it on the main entrance of the premises and by publishing as a Class
3 notice under Chapter 985, Wis. Stats. The time limit specified in
the order runs from the date of service or publication.
B. Abatement by Village. If the owner or occupant fails or refuses to comply within the time period prescribed and does not avail himself or herself of his or her opportunity to request a hearing before the Village Board pursuant to Subsection
C below, the inspecting officer shall enter upon the premises and cause the nuisance to be removed or abated, and the Village shall recover the expenses incurred thereby from the owner or occupant of the premises or from the person who has caused or permitted the nuisance.
C. Remedy from order. Any person affected by such order shall, within
10 days of mailing, service or publication of the order, provide notice
to the Village of Westfield in the event he or she wishes to challenge
the abatement. The landowner shall complete the bottom portion of
the notice of abatement served upon the owner in order to request
a hearing before the Village Board at an open meeting. The decision
rendered by the Village Board shall be final and binding. In the event
the owner does not request a hearing by delivering the signed request
for hearing on the bottom of the notice of abatement form, then the
hearing will be deemed waived and the Village will proceed with the
abatement process.
D. Authority to assess costs. The cost of the abatement or removal of
a nuisance under this section shall be collected from the owner, occupant
or person causing, permitting or maintaining the nuisance, and if
notice to abate the nuisance, if applicable, has been given to the
owner, such cost shall be assessed against the real estate as a special
charge.
E. Abatement in accordance with state law. Nothing in this chapter is
to be construed as prohibiting the abatement of public nuisances by
the Village or its officials in accordance with the laws of the state.
F. Whenever in this code or in any ordinance of the Village any act
is prohibited or is made or declared to be unlawful or an offense,
or whenever in such code or ordinance the doing of any act is required
or the failure to do any act is declared to be unlawful, where no
specific penalty is otherwise provided in this code, the violation
of any such provision of this code or ordinance shall be punished
as follows:
(1) First offense. Any person who violates any provision of this code
subject to a penalty shall, upon the first conviction thereof, forfeit
not less than $1 nor more than $200, together with the costs of prosecution,
and in default of payment of such forfeiture and costs of prosecution
may subject to the contempt powers of the Circuit Court.
(2) Second and subsequent offenses. Any person found guilty of violating
any provision of this code who shall previously have been convicted
of a violation of the same provision shall upon conviction thereof
forfeit not less than $10 nor more than $500 for each such offense,
together with costs of prosecution.
Property owners interested in applying for permission to establish
a natural lawn shall obtain and complete an application form available
at the Village Clerk's office. The completed application shall
include a natural lawn management plan. Upon submitting a completed
application, a nonrefundable filing fee as set 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 Clerk's office, who are
owners of the property situated wholly or partly within 300 feet of
the boundaries of the properties for which application has been made.
Neighboring property owners shall be defined as all those property
owners who are located within 300 feet of the proposed natural lawn
site.
The property owner may appeal the Village Board's decision
to deny the natural lawn permit by requesting to be heard by the Village
Board at an open meeting. An application for an appeal shall be made
in writing no later than 15 calendar days after a notice of denial
has been issued. The decision rendered by the Village Board shall
be final and binding.
In case any of the provisions in this chapter are found to be
invalid, illegal or unenforceable in any respect, the validity, legality
and enforceability of any other provision contained herein or therein
shall not in any way be affected or impaired.