[HISTORY: Adopted by the Village Board of the Village of
Tigerton as indicated in article histories. Amendments noted where
applicable.]
[Adopted 4-5-1988 as §§ 6-1-4 to 6-1-6 of the 1988 Code]
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 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 § 66.0407, Wis. Stats. In case the owner or occupant shall further neglect to comply with
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 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 § 422-3, 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 lambsquarters)
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Rumex crispus (curled dock)
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Cannabis sativa (hemp)
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Plantago lancellata (English plantain)
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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 § 422-1 of this article. 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 natural lawn 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 lawn 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 to be affixed to the 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 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 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 2 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.
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 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 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 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.[1]
(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 Clerk-Treasurer's
decision to deny the natural lawn permit request to the Police, Fire,
Health and Safety Committee 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 Police,
Fire, Health and Safety Committee shall be final and binding.[2]
E.
Safety precautions for natural grass areas.
(1)
When, in the opinion of the Fire Chief, 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 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 lawn, 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 Village as a party insured. A minimum amount
of acceptable insurance shall be $300,000.
F.
Revocation of an approved natural lawn permit. The Clerk-Treasurer,
upon the recommendation of the Village President, 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 the approved
natural lawn permit or any requirements set forth in this section.
Notice of intent to revoke an approved natural lawn permit shall be
appealable to the Police, Fire, Health and Safety Committee. 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 the 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 Police, Fire, Health and Safety Committee,
which shall make a recommendation to the Village Board. The decision
rendered by the Village Board shall be final and binding.
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 Weed Commissioner
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
Clerk-Treasurer shall enter those charges onto the tax roll as a special
tax as provided by state statute.
(3)
The failure of the 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 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 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 Tigerton.
B.
Public nuisance declared. The Village Board finds that lawns, grasses and noxious weeds on lots or parcels of land 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 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 § 422-2 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 Village.
D.
E.
Abatement of nuisance.
(1)
If the inspecting officer shall determine with reasonable certainty that any public nuisance as defined in Subsection B above exists, he shall immediately report such existence to the Village Board, which shall, if it determines that such nuisance exists, cause notice to be served that the Village Board proposes to have the lot grass or lawn cut so as to conform with this section and that a hearing will be held before the Village Board for the purpose of ordering such mowing.
(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 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.
(3)
At the hearing, the owner may appear in person or by his attorney
and may present witnesses in his behalf.
(4)
After the hearing, the Village Board shall make its determination
in writing specifying its findings of fact and conclusions. If it
determines that a public nuisance does exist, it shall order the inspecting
officer to mail or serve the owner of the property, if he can be found,
or upon the occupant thereof a written notice to abate the nuisance
within five days of the service of the notice.
F.
Village's option to abate nuisance. In any case where the owner,
occupant or person in charge of the property shall fail to cut the
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 follow:
(1)
Written notice shall be personally served, delivered or mailed informing
said person of his or her failure to abate the nuisance, the Village's
intention to abate the same, and the potential costs thereof no less
than 24 hours prior to the Village's cutting of the lawn, grass
or weeds.
(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 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 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.
[Adopted 4-5-1988 as § 8-4-8 of the 1988 Code]
No disassembled, inoperable, unlicensed, junked or wrecked motor
vehicles, truck bodies, tractors, trailers, farm machinery or appliances
shall be stored or allowed to remain in the open upon private property
within the Village for a period exceeding 10 days.
As used in this article, the following terms shall have the
meanings indicated:
Motor vehicles, truck bodies, tractors, farm machinery or
trailers in such state of physical or mechanical ruin as to be incapable
of propulsion, being operated upon the public streets or highways,
or which is otherwise not in safe or legal condition for operation
on public streets or highways due to missing or inoperative parts,
flat or removed tires, expired or missing license plates, or other
defects.
Any stove, washer or refrigerator which is no longer operable
in the sense for which it was manufactured.
As defined in § 340.01(35), Wis. Stats.
Motor vehicles, truck bodies, tractors or trailers which
do not bear lawful current license plates.
[Amended 11-2-1992]
This article shall not apply to any motor vehicle or motor vehicle
accessories stored within an enclosed building in a storage place
or depository maintained in a lawful place and manner, or seasonally
used vehicles such as snowmobiles, motorcycles, motor scooters and
nonmotorized campers, provided such vehicles are stored in rear yard
areas. Also excepted are motor vehicles registered pursuant to §§ 341.265
and 341.266, Wis. Stats. Also excepted are motor vehicles which are
located on private property with a "For Sale" sign on said vehicle
as long as such vehicle does not remain on the property for more than
30 days. In other situations the Chief of Police may issue permits
permitting an extension, not to exceed an additional 30 days'
time, to comply with this section where exceptional facts and circumstances
warrant such extension.
A.
Whenever the Police Department shall find any vehicles or appliances,
as described herein, placed or stored in the open upon private property
within the Village, it shall notify the owner of said property on
which said vehicle or appliance is stored of the violation of this
section. If said vehicle or appliance is not removed within five days,
the Police Department shall cause to be issued a citation to the property
owner or tenant of the property upon which said vehicle or appliance
is stored.
B.
If such vehicle or appliance is not removed within 20 days after issuance of a citation, the Chief of Police shall cause the vehicle or appliance to be removed and impounded, and it shall thereafter be disposed of as prescribed in §§ 511-3 through 511-6[1] by the Chief of Police or his duly authorized representative.
Any cost incurred in the removal and sale of said vehicle or appliance
shall be recovered from the owner. However, if the owner of the vehicle
or appliance cannot readily be found, the cost of such removal shall
be charged to the property from which it is removed, which charges
shall be entered as a special charge on the tax roll.
Any person who shall interfere with the enforcement of any of the provisions of this article, and shall be found guilty thereof, shall be subject to a penalty as provided in § 1-4. Each motor vehicle or appliance involved shall constitute a separate offense.
