[Adopted by the Town Board of the Town of New Glarus as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 15.
Open burning — See Ch. 20.
Fences — See Ch. 59.
[Adopted 7-22-2014]
This article is entitled the "Town of New Glarus Noxious Weed Ordinance." The purpose of this article is to provide for the control of noxious weeds in the Town.
The Town Board of the Town of New Glarus, Green County, Wisconsin, has the specific authority under §§ 60.22, 66.0407 and 66.0517, Wis. Stats., to adopt this article.
This article, adopted by a majority of the Town Board on a roll call vote with a quorum present and voting and proper notice having been given, provides for the regulation of noxious weeds in the Town.
The following are designated as noxious weeds within the Town: Canada Thistle, Leafy Spurge, and Field Bindweed (Creeping Jenny), Purple Loosestrife as provided by § 66.0407(1)(b), Wis. Stats.
A. 
Musk Thistle, Shatter Cane, Hill Mustard, Bull Thistle and Plumeless Thistle as provided by Chapter 2, 7-2-1 of the Green County Code.
B. 
Poison Hemlock as designated by the Town of New Glarus.
C. 
The Town Chairperson shall include those weeds designated as noxious weeds in the noxious weed notice given annually under § 66.0407(4), Wis. Stats.
The Town Chairperson having appointed a Town Weed Commissioner under § 66.0517(2)(a), Wis. Stats., and the Weed Commissioner having the powers and duties to investigate and destroy noxious weeds in the Town as provided in § 66.0517(2)(a), Wis. Stats., the following provisions are established in regard to the performance of the office of Weed Commissioner:
A. 
The Weed Commissioner shall receive compensation for investigating the existence of and destroying noxious weeds, including any clerical or administrative activities performed in relation to the performance of those activities, at the rate of $10 per hour plus the mileage at a rate as set by the state, upon presenting to the Town Treasurer an account of noxious weed investigation and destruction activities performed by the Weed Commissioner, verified by oath and approved by the Town Chairperson. The account shall specify by separate items each activity of investigation and destruction performed and for each activity of destruction the amount chargeable to each piece of land, describing the land.
B. 
After the account of the Weed Commissioner is paid by the Clerk-Treasurer under Subsection A, the Clerk-Treasurer shall then enter the amount chargeable for the destruction of weeds to each tract of land in the next tax roll in a column headed, "For the Destruction of Weeds," as a tax on the lands upon which the weeds were destroyed. The tax shall be collected under Ch. 74, Wis. Stats., except in case of lands that are exempt from taxation, railroad lands, or other lands for which taxes are not collected under Ch. 74, Wis. Stats.
A. 
Under § 66.0407(3), Wis. Stats., and this article, a person owning, occupying, or controlling land shall destroy all noxious weeds on the land.
B. 
If after publication of the notice required under § 66.0407(4), Wis. Stats., the Town Weed Commissioner, after consultation with the Town Board, determines after investigation of the conditions on the land that the persons owning, occupying, or controlling the land have failed to destroy all noxious weeds on the land, the Town Board may cause to be served upon any or all of those persons a copy of the notice required under § 66.0407(4), Wis. Stats., together with a statement commanding that the noxious weeds upon the land shall be destroyed within 10 days of the receipt of the notice or the person shall be subject to a forfeiture as provided in the Town of New Glarus Noxious Weed Ordinance. The notice and statement shall be served by registered or certified mail.
C. 
Any person upon whom a notice to destroy weeds is served under Subsection B may request a hearing before the Town Board to challenge the reasonableness of the board's command to destroy weeds. The request for hearing shall be in writing and shall be filed with the Town Clerk on or before the expiration of the time to destroy the weeds as stated in the notice under Subsection B. In the event that a request for hearing is filed, the Town Board shall set a time and place for the hearing, not less than five days after the date the request for hearing is received by the Town Clerk, and notice of the time and place of the hearing shall be served upon the person requesting the hearing. No citation or complaint for the recovery a forfeiture under this section may be issued until the completion of the hearing. Every notice issued under Subsection B shall contain a clear statement of the right to request a hearing as provided under this subsection.
D. 
Any person, partnership, corporation, or other legal entity that fails to comply with the provisions of this subsection as determined by the Town Board shall, pay a forfeiture of $100 plus cost and assessments. In addition, the Weed Commissioner or designee shall place a notice at the property 24 hours before said property is mowed and report in writing to the Town Clerk-Treasurer to cost for doing so.
E. 
The Town Clerk-Treasurer shall place the costs of weed removal, at a minimum cost of $80 per hour, as a special tax on the tax roll against the property for whom the service was rendered.