[HISTORY: Adopted by the Village Board of the Village of
Howards Grove as indicated in article histories. Amendments noted
where applicable.]
[Adopted as Title 8, Ch. 1, of the 1993 Code of Ordinances]
The Village Board, acting as Board of Health, may make reasonable and general rules for the enforcement of the provisions of this article 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 Board 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.
Materials may not be brought in from outside the corporate Village
limits.
A.
The Weed Commissioner of the Village shall give five days' written
notice by mail to the owner or occupant of any lands upon which weeds
shall be growing to the effect that 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
of the Wisconsin Statutes. In case the owner or occupant shall further
neglect to comply within 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.
B.
As provided for in § 66.0407(3), 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 in § 237-6, 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 bind weed).
(f)
Tragopogon dubius (goat's beard).
(g)
Rhus radicans (poison ivy).
(h)
Cirsium vulgaries (bull thistle).
(i)
Pastinaca sativa (wild parsnip).
(j)
Arctium minus (burdock).
(k)
Xanthium strumarium (cocklebur).
(l)
Amaranthus retroflexus (pigweed).
(m)
Chenopodium album (common lambsquarter).
(n)
Rumex crispus (curled dock).
(o)
Cannabis sativa (hemp).
(p)
Plantago lancellata (English plantain).
A.
"Natural lawn" 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 eight inches in height from the ground. Specifically excluded in natural lawns are the noxious grasses and weeds identified in § 237-4 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 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 the 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.[1]
(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 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 Village Clerk-Treasurer by the
subsequent abutting property owner. Upon receiving the written request
to revoke the original waiver, the Village Board 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 Board 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 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.[2]
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 filing fee which shall be determine from time to time
by the Village Board and adopted as part of the rate schedule kept
by the Village Clerk-Treasurer will be assessed. 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 property 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 Village 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.
(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 Village Board
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 Village Board shall be final
and binding.[3]
E.
Safety precautions for natural grass areas.
(1)
When, in the opinion of the Fire Chief of the Department serving
the Village of Howards Grove, 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 Village as a party insured. A minimum amount
of acceptable insurance shall be $300,000.
F.
Revocation of an approved natural lawn permit. The Village President,
upon the recommendation of 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 Village Board. 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 revocation of the natural lawn permit. All written applications
for appeal filed within the fifteen-calendar-day requirement shall
be reviewed the Village Board in an open meeting. The decision rendered
by the Village Board shall be final and binding.[4]
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
Village Clerk-Treasurer shall enter those charges onto the tax roll
as a special tax as provided by state statute.[5]
(3)
The failure of the Village 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 Howards Grove.
B.
Public nuisance declared. The Village Board finds that lawns, grasses and noxious weeds on nonagricultural lots or parcels of land, as classified under the Village Zoning Code, within the Village of Howards Grove 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 Village. For that reason, any nonagricultural lawn, grass or weed on a lot or other parcel of land which exceeds eight inches in length within 10 feet of any property line or road right-of-way is hereby declared to be a public nuisance, except for property located in a designated floodplain area and/or wetland area, or on property zoned agricultural, or where the lawn, grass or weed is part of a natural lawn approved pursuant to § 237-5 above.[1]
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.
Inspection. The Weed Commissioner or his designee shall inspect or cause to be inspected all premises and places within the Village to determine whether any public nuisance as defined in Subsection B above exists.
E.
Abatement of nuisance.
(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 on the tenant, of the time and place at which the
hearing will be held.
F.
Due process hearing. If the owner believes that his grasses or weeds
are not a nuisance, he may request a hearing before the Village Board.
The request for said hearing must be made in writing to the Village
Clerk-Treasurer's office within the five days set forth in the
Weed Commissioner's notice. When a hearing is requested by the
owner of the property, a hearing by the Village Board shall be held
within 30 days from the date of the owner's request. The property
in question will not be mowed by the Village until such time as the
hearing is held by the Board. At the hearing, the owner may appear
in person or by his attorney, may present witnesses in his own behalf
and may cross-examine witnesses presented by the Village as well as
subpoena witnesses for his own case. At the close of the hearing the
Village Board shall make its determination in writing specifying its
findings, facts, and conclusions. If the Village Board determines
that a public nuisance did exist, the Board shall order the Weed Commissioner
to mow the property in question unless the property has been mowed
by the owner within 48 hours of the Village Board's decision.
If the owner does not abate the nuisance within the described 48 hours,
the Weed Commissioner shall cause the same nuisance to be abated and
cost in excess of the forfeited fee assessed accordingly.
G.
Village's option to abate nuisance. In any case where the owner,
occupant or person in charge of the property shall fail to cut his
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 follows:
(1)
The written notice required in Subsection E shall inform said person that in the event of his failure to abate the nuisance within the prescribed time, the Village shall abate the same and the cost thereof shall be assessed to the property owner as a special charge.
(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 Village 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 Village 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 § 66.0627, Wisconsin Statutes.
A.
Whenever public sewer service has become available to any building
used for human habitation or human occupancy, the Village Board shall
notify in writing the owner, agent or occupant thereof to connect
such facilities thereto. If such person to whom the notice has been
given shall fail to comply for more than 10 days after notice, the
Village Board shall cause the necessary connections to be made and
the expenses thereof to be assessed as a special tax against the property
pursuant to § 281.45 of the Wisconsin Statutes.
B.
The Village Board may extend the time for connection hereunder or
may grant other temporary relief where strict enforcement would work
an unnecessary hardship without corresponding public or private benefit.
C.
This section is enacted pursuant to § 281.45 of the Wisconsin
Statutes.[1]
[1]
Editor's Note: Original Sec. 8-1-8, Regulation of smoking, of the 1993 Code of Ordinances and which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See now Ch. 290, Peace and Good Order, Art. III, Offenses Against Property, § 290-26, Regulation of smoking.
[Adopted as Title 8, Ch. 2, of the 1993 Code of Ordinances]
A.
Cleanup required. All persons, firms, or corporations delivering,
hauling, disposing, storing, discharging or otherwise handling potentially
polluting substances, solid or liquid, such as, but not limited to,
the following shall immediately clean up any such spilled material
to prevent its becoming a hazard to health or safety or directly or
indirectly causing pollution to the lakes and streams under the jurisdiction
of the Village: fuel oil, gasoline, solvents, industrial liquids or
fluids, milk, grease trap and septic tank wastes, sewage sludge, sanitary
sewer wastes, storm sewer catch basin wastes, oil or petroleum wastes.
B.
Notification. Spills or accidental release of hazardous materials
or pollutants at a site or of a quantity or nature that cannot adequately
be cleaned up by the responsible party or parties shall be immediately
reported to the Village Clerk-Treasurer so that assistance can be
given by the proper agency.
C.
Financial liability. The party or parties responsible for the release,
escape or discharge of wastes shall be held financially liable for
the cost of any cleanup or attempted cleanup deemed necessary or desirable
and undertaken by the Village, or its designated agent, in an effort
to minimize the pollutional effects of the discharged waste.
It shall be unlawful for any person, firm or corporation to
store any potentially polluting substances unless such substances
are stored in such manner as to securely prevent them from escaping
onto the ground surface and/or into any street, sewer, ditch or drainageway,
lake or stream within the jurisdiction of the Village of Howards Grove.
