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.
[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.]
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).
[Amended 10-16-2017 by Ord. No. 9-17-689; 9-16-2024 by Ord. No. 8-24-778]
A.
Findings. The Common Council finds that the intentional cultivation and maintenance of diverse landscapes, including native plant life, furthers the city's adopted sustainability goals and is beneficial to the city's environment and residents. The Council further finds that a diverse landscape with appropriate native plantings promotes healthy pollinator communities and habitat, improves stormwater retention, reduces impact on waterways, reduces greenhouse gas emissions, and requires fewer harmful inputs.
B.
Planned natural landscape areas defined. "Planned natural landscape area," as used in this chapter, shall mean planned and maintained planting areas which may include common species of grasses and wild flowers native to or naturalized to North America, which are designed and purposely cultivated to exceed eight inches in height from the ground. Specifically prohibited in planned natural landscape areas are the noxious grasses and weeds identified in § 263-4 of this chapter. Planned natural landscape areas shall not contain litter or debris and shall not harbor rodents or other vermin. Planned natural landscape areas shall not impede or encroach upon a public right-of-way. No area of vegetation that results from neglect, or other failure to maintain, shall constitute a planned natural landscape area.
C.
Maintenance of planned natural landscape areas.
(1)
Planned natural landscape areas shall contain only common species native to North America; or naturalized thereto and found on the University of Wisconsin Horticulture, Division of Extension list of native and naturalized plants (currently found on the internet at https://hort.extension.wisc.edu/article-topic/native-naturalize-selection/); or otherwise approved by the Monona Sustainability Committee.
(2)
Planned natural landscape areas may include plants and grasses in excess of eight inches in height and which have gone to seed, but must be maintained so as to not include invasive or noxious vegetation or debris.
(3)
Planned natural landscape areas shall not include turf-grass lawns in excess of eight inches in height or any other unmanaged vegetatative growth.
(4)
Planned natural landscape areas shall not include noxious grasses and weeds identified in § 263-4 of this chapter, those weeds specifically listed in Wis. Stats. § 66.0407(1), and/or invasive species listed in Chapter NR 40 of the Wisconsin Administrative Code.
(5)
Planned natural landscape areas shall be intentionally cultivated and maintained, and shall have a distinct and clearly defined border. The border may consist of any combination of mowed grass or natural materials neatly arranged to create the appearance of an edge to contain the planned natural landscape area.
(6)
Planned natural landscape areas shall not impede on public right-of-way nor obstruct vision of intersections, driveways, or sidewalks, as per § 312-6D.
(7)
Planned natural landscape areas shall not impede vehicular or pedestrian safety, or impede access to streets, crosswalks, or sidewalks.
(8)
Plant height shall be maintained at the appropriate maximum height at maturity for the specific species in accordance with the recommendation of the University of Wisconsin Horticulture, Division of Extension.
D.
Safety precautions for native plant areas.
(1)
When in the opinion of the Fire Chief the presence of a planned natural landscape area may constitute a fire or safety hazard due to weather and/or other circumstances, the Fire Chief may order the cutting of planned natural landscape areas to a safe condition.
(2)
Planned natural landscape areas shall not be removed through the process of burning.
[Amended 10-16-2017 by Ord. No. 9-17-689; 4-18-2022 by Ord. No. 4-22-752; 9-16-2024 by Ord. No. 8-24-778]
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 Planned Natural Landscape Area 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.
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.
F.
City's option to abate nuisance.
(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.