[HISTORY: Adopted by the Common Council of the City of Monona
as Title 8, Ch. 1, §§ 8-1-1 to 8-1-9, of the 1994 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 this Code.
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.
Access to premises.
(1)
To abate health nuisances. The Building Inspector, whenever he or
she may deem it necessary in order to promote the public health, may
enter upon any premises and into any house to ascertain every nuisance
that may exist therein.
(2)
To inspect sewerage facilities. The Building Inspector or any City
law enforcement officer may enter upon any premises and into any house
to ascertain whether or not such house or premises is connected with
the public sewerage system of the City and to examine the condition
and manner of the construction of such sewer connection and to inspect
the cellars, cesspools, privies, drains and greasetraps on such premises,
and if he or she shall find any violation of any ordinance of the
City regulating the manner of construction of such sewer connections,
or in the manner in which it is being used by the occupants of any
building or premises, he or she shall immediately report such violations
to the City Engineer and the Plumbing Inspector.
(3)
Unlawful to refuse access for examination of health conditions on
premises. No person shall refuse the Building Inspector or any police
officer free access to any building or premises for the purpose of
examining the health conditions therein or hinder or obstruct the
free examination of such building or premises.
C.
Abatement of health nuisances. When any health nuisance, source of
filth or cause of sickness is found on private property, the Building
Inspector shall order the owner or occupant thereof, in writing, to
remove or abate the same at his or her own expense within a reasonable
time, which shall be specified in the order. If such owner or occupant
shall refuse or neglect to remove or abate such condition, the Building
Inspector shall cause the same to be removed or abated, and the City
shall recover the expenses incurred thereby from the owner or occupant
or from such other person as shall have caused or permitted the same,
and the same shall be a lien against the premises. If the owner is
absent from the City, notice to the person who receives the rent or
has charge of the property shall be deemed notice to the owner. If
any owner or occupant is required to remove any nuisance, source of
filth or cause of sickness upon the property owned or occupied by
him or her and fails or neglects to do so within the time specified
in the notice, the Building Inspector shall cause such work to be
done, and the cost thereof shall be collected from the owner of the
premises, and if the owner of such property fails to pay the expense
of such removal or abatement, the costs thereof shall be levied and
collected as a special tax upon the lot or land upon which such work
was done.
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.
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 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 City shall give seven 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 seven-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 imposed as a charge upon the lands upon which such weeds are located under the provisions of § 66.0407, Wis. Stats., and Chapter 312, Nuisances, of this Code.[1]
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. 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.[2]
(1)
Noxious weeds are defined as any plant listed under § 23.235(1)
or 66.0407(1)(b), Wis. Stats., or Wisconsin Invasive Species Rule
(Ch. NR 40, Wis. Adm. Code) and 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)
Rhus radicans (poison ivy).
(g)
Pastinaca sativa (wild parsnip).
(h)
Arctium minus (burdock).
(i)
Ailanthus altissima (tree of heaven).
(j)
Alliaria petiolata (garlic mustard).
(k)
Celastrus orbiculatus (oriental bittersweet).
(l)
Chelidonium majus (Celandine).
(m)
Dipsacus laciniatus (cut-leafed teasel)
(n)
Dipsacus sylvestris or dipsacus fullonum (common teasel).
(o)
Fallopia japonica or polygonum cuspidatum (japanese knotweed).
(p)
Robinia pseudoacacia (black locust)
(q)
Solanum dulcamara (bittersweet nightshade).
(r)
Phragmites (various) (common reed).
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 § 263-4 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 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.
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 12 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 City. "Property owner" shall be defined to include the legal
title holder and/or the beneficial owner of any such lot according
to the most current City 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 City-owned property, including
street rights-of-way. This shall include at a minimum the 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
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 City Clerk by the subsequent abutting
property owner. Upon receiving the written request to revoke the original
waiver, the Weed Commissioner 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
Weed Commissioner shall revise the approved natural lawn management
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 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.
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 City Clerk. The completed application shall include a natural
lawn management plan. Upon submitting a completed application, a nonrefundable
filing fee prescribed by the City's Fee Schedule 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
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 City receives written objections from 51% or more
of the neighboring property owners, the Weed Commissioner shall 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 Weed Commissioner
shall issue a two-year permit to install a natural lawn. Permit renewals
shall follow the same procedure used for original applications.
D.
Application for appeal. The property owner may appeal the Weed Commissioner'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
management plan. The decision rendered by the Common Council shall
be final and binding.
E.
Safety precautions for natural grass areas.
(1)
When in the opinion of the Fire Chief of the Department serving the
City of Monona 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 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.
F.
Revocation of an approved natural lawn permit. 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 management plan. Failure to file an application for appeal
within the 15 calendar days shall result in the revoking of the natural
lawn management plan 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.
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 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 shall enter those charges onto the tax roll as a special
tax as provided by state statute.
(3)
The failure of the City Clerk 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.
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 § 1-4 of the 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 Monona.
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 Monona, 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 § 263-5 above.
C.
Nuisances prohibited. Except during the month of May, 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 City.
[Amended 4-18-2022 by Ord. No. 4-22-752]
D.
Inspection. The Weed Commissioner or his or 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.
E.
Abatement of nuisance. 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 City proposes to have the lot's grass or lawn cut so as to conform with this section and § 263-5.
[Amended 10-16-2017 by Ord. No. 9-17-689[1]]
[1]
Editor's Note: This ordinance also repealed original Subsections
E(2) and F, which immediately followed.
F.
City's option to abate nuisance.
[Amended 10-16-2017 by Ord. No. 9-17-689]
(1)
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 City may abate the nuisance pursuant to § 312-7 of the Code.
(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 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.
A.
HARDWARE CLOTH
OWNER or MANAGER
RODENT HARBORAGE
RODENTPROOF CONTAINER
RODENTPROOFING
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 or 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, lumberyard 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.
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.
Consist 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 rodentproofing 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
a food for rodents in a site accessible to rodents. Any waste material
that may serve as food for rodents shall be stored in rodentproof
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 are 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.
Rodentproofing. It shall be the duty of the owner or manager of any
building in the City of Monona to make such building reasonably rodentproof,
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.
Definitions. "Composting" shall mean the controlled biological reduction
of organic waste to humus. Yard waste shall mean 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. Kitchen waste shall be any uncooked plant matter
not contaminated by or containing meat, fish and/or dairy products.
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 § 263-7.
(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 City in general.
(5)
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.
(a)
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.
(6)
No compost bin shall be located in any yard except a rear yard, as
defined in the City's Zoning Code, unless a variance is granted by the Board of Appeals.
(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.
A.
Food to be fresh and wholesome. No meats, fish, fruit, vegetables
or other articles of food shall be sold or offered or held for sale
as food unless the same is fresh or properly preserved, sound, wholesome
and safe for use as food, nor shall any flesh of any animal which
died by disease be sold or offered for sale in the City.
B.
Food not to be contaminated. All articles of food shall be free from
contamination.
C.
Places where food products manufactured. All places where food products
are manufactured or prepared or sold to the public shall be maintained
in a clean and sanitary condition.
D.
Openings shall be protected from flies. When flies are prevalent,
all openings into the outer air shall be effectively screened and
doors shall be self-closing unless other effective means are provided
to prevent the entrance of flies.
E.
Health Officer to seize food. The Health Officer shall seize and
destroy any articles of food or drink which are offered or held for
sale as food or drink, which have become tainted, decayed, spoiled
or otherwise unwholesome or unfit to be eaten or drunk.
