[HISTORY: Adopted by the Common Council of the City of Fox
Lake as §§ 8-1-1 to 8-1-8 of the 1997 Code. Amendments
noted where applicable.]
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 § 1-4 of 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.
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.
[Amended 12-21-2016]
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
ten 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 ten-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 ten-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.
[Amended 9-5-2018]
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 six 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.
[Amended 12-21-2016]
(1)
Noxious weeds, as defined in this section and in § 293-6, 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 bind weed)
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Tragopogon dubius (goat's beard)
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Rhus radicans (poison ivy)
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Cirsium vulgare (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 § 293-6, shall include but not be limited to the following:
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Agrostis alba (Redtop)
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Poa pratensis (Kentucky blue)
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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 six inches in height)
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Milkweed (over six inches in height)
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A.
Defined. "Natural lawn" as used in this section shall include common species of grass and wildflowers native to North America which are designed and purposely cultivated to exceed six inches in height from the ground. Specifically excluded in natural lawns are the noxious grasses and weeds identified in § 293-4 of this chapter. Natural lawns shall not contain litter or debris and shall not harbor undesirable wildlife.
B.
Application for natural lawn. Any owner or operator of land in the
City of Fox Lake may apply for approval of a land management plan
for a natural lawn, one where the grasses exceed six inches in height,
with the Planning Commission. "Land management plan" means a written
plan relating to management of the lawn which contains a legal description
of the lawn upon which the grass will exceed six inches in height,
a statement of intent and purpose for the lawn, a general description
of the vegetational types, plants, and plant succession involved,
and specific management and maintenance techniques to be employed.
The management plan must include provisions for cutting at a height
not greater than six inches the terrace area, that portion between
the sidewalk and the street, or a strip not less than four feet adjacent
to the street where there is no sidewalk, and at least a three-foot
strip adjacent to neighboring property lines unless waived by the
abutting property owner on the side so affected.
C.
Application requirements. Each application for a land management
plan shall be in writing detailing the concept proposed. A copy of
the application shall be mailed by the applicant or given personally
by the applicant to the City Clerk.
D.
Appeal. The owner or operator of land in the City of Fox Lake may
appeal from a decision of the Planning Commission refusing to approve
a land management plan. All appeals shall be to the Common Council
of the City of Fox Lake which shall hear such appeals one a month,
March through September. All applications for appeal shall be submitted
within 15 days of notice of denial of the land management plan.
E.
Safety precautions for natural lawns. 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.
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 Fox Lake.
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 Fox Lake which exceed six 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 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 six 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 § 293-5 above.
[Amended 4-3-2000]
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. The Weed Commissioner and his/her representatives may enter on any real estate in the City on which a public nuisance exists without being liable to an action of trespass or any other action for damages resulting from such entry if reasonable care is exercised in the performance of the duties imposed by this section. The Chief of Police or his/her designee is hereby appointed the Weed Commissioner.
[Amended 9-5-2018]
E.
Abatement of nuisance.
(2)
The notice shall be served at least 10 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 on the tenant, of the time and place
at which the hearing will be held. After the first notice is mailed
or served on the owner, no other notice is required for subsequent
violations of this section on the same property and the owner is not
entitled a due process hearing. If ownership of the property changes,
then notice will be required to be mailed or served on the new owner.
[Amended 9-5-2018]
F.
Due process hearing. If the owner believes that his/her grasses or
weeds are not a nuisance, he/she may request a hearing before the
Board of Public Works. The request for said hearing must be made,
in writing, to the City Clerk's office within the 10 days set forth
in the Weed Commissioner's notice. Upon application for the hearing,
the property owner must deposit a bond of $25. If a decision is rendered
in the property owner's favor, the $25 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 Board of Public Works 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 Board of Public Works. At the hearing, the owner may
appear in person or by his attorney, may present witnesses in his/her
own behalf and may cross-examine witnesses presented by the City as
well as subpoena witnesses for his/her own case. At the close of the
hearing, the Board of Public Works shall make its determination, in
writing, specifying its findings, facts, and conclusions. If the Board
of Public Works determines that a public nuisance does exist, the
Board of Public Works shall order the Weed Commissioner or his/her
designee to mow the property in question unless the property has been
mowed by the owner within 48 hours of the Board of Public Works' decision.
If the owner does not abate the nuisance within the prescribed 48
hours, the Weed Commissioner shall cause the same nuisance to be abated
and cost in excess of the forfeited fee assessed accordingly.
[Amended 12-21-2016; 9-5-2018]
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/her 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 F 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 Board of Public Works. 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 Clerk 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.
[Amended 12-21-2016]
A.
HARDWARE CLOTH
OWNER or MANAGER
RODENT
RODENT HARBORAGE
RODENT-PROOF CONTAINER
RODENT-PROOFING
Definitions. The following definitions shall be applicable in this
section:
Wire screening of such thickness and spacing as to afford
reasonable protection against the entrance of rodents.
Whenever any person or persons shall be in actual possession
of or have charge, care or control of any property within the City,
as executor, administrator, trustee, guardian or agent, such person
or persons shall be deemed and taken to be the owner or owners of
such property within the true intent and meaning of this section and
shall be bound to comply with the provisions of this section to the
same extent as the owner, and notice to any such person of any order
or decision of the Building Inspector or his/her designee shall be
deemed and taken to be a good and sufficient notice as if such person
or persons were actually the owner or owners of such property, except
that whenever an entire premises or building is occupied as a place
of business, such as a store, factory, warehouse, rooming house, junkyard,
lumber yard or any other business under a single management, the person,
firm or corporation in charge of such business shall be considered
the owner or manager.
All nuisance animals.
Any place where rodents can live and nest without fear of
frequent molestation or disturbance.
A container constructed of concrete or metal, or the container
shall be lined with metal or other material that is impervious to
rodents, and openings into the container such as doors shall be tight-fitting
to prevent the entrance of rodents.
Consists of closing openings in building foundations and
openings under and around doors, windows, vents and other places which
could provide means of entry for rodents with concrete, sheet iron,
hardware cloth or other types of rodent-proofing material approved
by the City.
B.
Elimination of rodent harborages. Whenever accumulations of rubbish,
boxes, lumber, scrap metal, car bodies or any other materials provide
rodent harborage, the person, firm or corporation owning or in control
of such materials shall cause the materials to be removed or the materials
shall be stored so as to eliminate the rodent harborage. Lumber boxes
and similar materials shall be neatly piled. These piles shall be
raised at least a foot above the ground. When the owner of the materials
cannot be found after a reasonable search, the owner or manager of
the premises on which the materials are stored shall be responsible
for disposal, or proper piling, of the materials.
C.
Elimination of rodent feeding places. No person, firm or corporation
shall place, or allow to accumulate, any materials that may serve
as food for rodents in a site accessible to rodents. Any waste material
that may serve as food for rodents shall be stored in rodent-proof
containers. Feed for birds shall be placed on raised platforms, or
such feed shall be placed where it is not accessible to rodents.
D.
Extermination. Whenever rodent holes, burrows or other evidence of
rodent infestation is found on any premises or in any building within
the City, it shall be the duty of the owner or manager of such property
to exterminate the rodents or to cause the rodents to be exterminated.
Within 10 days after extermination, the owner or manager shall cause
all of the rodent holes or burrows in the ground to be filled with
earth or other suitable material.
E.
Rodent-proofing. It shall be the duty of the owner or manager of
any building in the City of Fox Lake to make such building reasonably
rodent-proof, to replace broken basement windows and, when necessary,
to cover the basement window openings with hardware cloth or other
suitable material for preventing rodents from entering the building
through such window openings.
A.
Purpose and intent. The purpose of this section is to promote the
recycling of yard wastes and certain kitchen wastes through composting
and to establish minimum standards for proper compost maintenance.
B.
COMPOSTING
KITCHEN WASTE
YARD WASTE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The controlled biological reduction of organic waste to humus.
Any uncooked plant matter not contaminated by or containing
meat, fish and/or dairy products.
The organic waste produced from the growing, trimming, and
removal of grass, branches (not exceeding one inch in diameter), bushes,
shrubs, plants, leaves and garden debris.
C.
Maintenance. All compost piles shall be maintained using approved
composting procedures to comply with the following requirements:
(1)
All compost piles shall be enclosed in a freestanding compost bin.
Each compost bin shall be no larger in volume than 125 cubic feet
and shall be no taller than 42 inches.
(2)
All compost bins shall be so maintained as to prevent the attraction or harborage of rodents and pests. The presence of rodents in or near a compost bin shall be cause for the City to proceed under § 293-7.
(3)
All compost bins shall be so maintained as to prevent unpleasant
odors.
(4)
No compost bin shall be allowed to deteriorate to such condition
as to be a blighting influence on the surrounding property or neighborhood
or the City in general.
(5)
Setback.
(a)
All compost bins shall be located not less than three feet from
a property line or principal building or dwelling and three feet from
any detached accessory building.
(b)
A variance from these setback requirements may be applied for
if the property owner(s) can show a hardship exists which prohibits
compliance. In addition, any variance application must include a signed
written approval of the variance request from the adjacent property
owner(s). Variances can be granted by the Building Inspector on an
annual basis upon the proper application being submitted by the property
owner(s). Screening and/or fencing of compost bins may be required
as a condition of a variance being granted.
(7)
Those composting bins which existed prior to the adoption of this
section shall be given one year to comply with the requirements set
forth herein.
E.
Owner responsibility. Every owner or operator shall be responsible
for maintaining all property under his or her control in accordance
with the requirements of this section.
