[HISTORY: Adopted by the Village Board of the Village of
Winneconne as Title 8, Ch. 1, of the 2012 compilation of ordinances,
as amended through 5-22-2013.
Subsequent amendments noted where applicable.]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The Village Board 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 Board shall be subject to the general
penalty provided for in this Code.[1]
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/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.
The Village Clerk-Treasurer 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 Village which he/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 Village shall give
five 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 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, Wis. Stats. 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 customary and usual 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.
C.
As provided for in § 66.0407, 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 of Winneconne
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 § 331-5, 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)
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).
(q)
Buckthorn shrub.
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 § 331-3 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 Village of Winneconne 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 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.
(a)
Property owners who wish to plant and cultivate a natural lawn
must submit their written plan and related information to the Village
Clerk-Treasurer. "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
indicate the planting and cultivating of natural lawns on property
legally owned by the property owner.
(b)
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.
(2)
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. Such waiver may be revoked,
in writing, by the abutting property owner at a later time, a copy
to be filed with the permittee and the Village Clerk-Treasurer.
(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 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 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.
C.
Application process.
(1)
Property owners interested in applying for permission to establish
a natural lawn shall file an application with the Village Clerk-Treasurer.
The completed application shall include a natural lawn management
plan. Upon submitting a completed application, a nonrefundable filing
fee as determined by Village Board will be assessed by the Village.
Upon receiving payment, copies of the completed application shall
be mailed by the Village to each of the owners of record 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 Village receives written objections from 51%
or more of the neighboring property owners, the Village Clerk-Treasurer
shall deny the application.
(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.
Such permit shall be valid for two years. Permit renewals shall follow
the procedures in this section.
(3)
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
management plan. The decision rendered by the Village Board shall
be final and binding.
D.
Safety precautions for natural grass areas.
(1)
When, in the opinion of the Fire Chief of the Department serving the Village of Winneconne, 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 Weed Commissioner to order the cutting of natural lawns treated as if noxious weed of § 331-3. As a condition of receiving approval of the natural lawn permit, the property owner shall be required to cut the natural lawn in accordance of § 331-3.
(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, and appropriate Village open
burning permits have been obtained. 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.
E.
Revocation of an approved natural lawn management plan permit. The
Weed Commissioner shall have the authority to revoke an approved natural
lawn management plan 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 management plan 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 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 Village Board in an open meeting.
The decision rendered by the Village Board shall be final and binding.
F.
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.
(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, § 331-3, and other applicable sections.
G.
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 § 1-3 of the 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 Winneconne.
B.
Public nuisance declared. The Village Board finds that lawns, grasses, dandelions, other noxious weeds or other vegetative growth on nonagricultural lots or parcels of land, as classified under Chapter 580, Zoning, within the Village of Winneconne 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, interferes with the public convenience and adversely affects property values of other land within the Village. For that reason, any nonagricultural lawn, grass, dandelion, weed or other vegetative growth on a lot or other parcel of land which exceeds eight inches in length are 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 § 331-4 above.
C.
D.
Inspection. The Weed Commissioner or his/her 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.
(1)
If the Weed Commissioner shall determine with reasonable certainty that any public nuisance as defined in Subsection B above exists, the Weed Commissioner shall immediately cause written notice to be served or sent by certified mail that the Village proposes to have the lot grass or lawn cut so as to conform with this section and § 331-4.
(2)
The notice shall be sent by certified mail 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 to the tenant.
F.
Hearing. If the owner believes that his/her grasses or weeds are
not a nuisance, he/she 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. Upon application or the hearing, the property
owner must pay a fee as established by the Village Board. When a hearing
is requested by the owner of the property, a hearing by the Village
Board shall be held within seven 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 Village Board. At the
hearing, the owner may appear in person or by his/her attorney, may
present witnesses in his/her own behalf and may cross-examine witnesses
presented by the Village as well as subpoena witnesses for his/her
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 Village 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/her
lawn, grass, brush 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/her 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, brush and weeds
from the subject's property and shall charge the cost of so doing,
including all labor, equipment, fuel and materials usage, at a cost
as calculated by the Weed Commissioner. 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, Wis. Stats.
A.
When required. Whenever a sewer or water main becomes available to
any building used for human habitation, the owner of the property
upon which the building is located shall connect the building to such
main or mains in the manner prescribed by law, except the Village
Board may defer connection to such water or sewer main or mains for
those properties which have existing operable septic systems or wells
or whose construction was permitted by the Village of Winneconne,
provided systems or wells remain legally compliant with applicable
Wisconsin Department of Natural Resources and/or Winnebago County
standards.
B.
Notice. Whenever a sewer or water main becomes available to any building
used for human habitation, the Building Inspector shall notify the
owner or his/her agent, in writing, by certified mail, addressed to
the last known address of the owner or his/her agent.
C.
Building Inspector may cause connection at expense of owner. If the
owner or his/her agent fails to comply with the notice of the Building
Inspector within 10 days of service or mailing thereof, the Building
Inspector may cause connection to be made and the expense thereof
shall be assessed as a special charge against the property.
D.
Privies, cesspools, etc., prohibited after connection with sewer.
After connection of any building used for human habitation to a sewer
main, no privy, cesspool or permanent waterless toilet shall be used
in connection with such human habitation.
A.
Inspections.
(1)
Whenever the Building Inspector, Fire Inspector or other authorized
Village official shall, upon inspection of any premises within the
Village of Winneconne, finds that there is deposited, placed, stored
or remaining on said premises any garbage, junk, rubbish, rubble,
trash, abandoned, outmoded, or nonsalable merchandise or parts, construction
materials, rotting yard and orchard waste, accumulation of grease
or food wastes in a grease trap or other place which presents a risk
of clogging or blocking a sewer system, or any other unhealthy, hazardous
or unsightly materials or thing which creates a fire or health hazard,
or which is detrimental to the appearance, neatness and cleanliness
of the immediate neighborhood or the Village of Winneconne in general,
such official shall issue his/her written order to the owner and/or
occupant of the premises to remove said garbage, junk, rubbish, rubble,
trash, abandoned, outmoded, or nonsalable merchandise or parts, construction
materials, rotting yard and orchard waste, accumulation of grease
or food wastes in a grease trap or other place which presents a risk
of clogging or blocking a sewer system, or other unhealthy, hazardous
or unsightly materials or things.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(2)
Said written order shall provide that such removal shall be accomplished within 10 days after service of said order upon the owner or occupant of the premises involved. Such written order, in addition to specifying and describing the material or things to be removed, shall also set forth on the face thereof the provisions of Subsection B.
(3)
Prosecution of violators under this section shall not preclude other
enforcement actions allowed by law, including other actions under
this Code of Ordinances.
B.
Appeal. Any person feeling himself/herself aggrieved by any order
of a Village official under this section may, within 10 days from
the date of receipt of such order, appeal such order to the Village
Board.
C.
Exceptions. Nothing contained in this section shall be construed
to prohibit the depositing of rubbish, rubble, junk, trash, abandoned,
outmoded or nonsalable merchandise or parts or unsightly materials
or things which are:
D.
Nonconforming uses. It shall not be a defense to the provisions of this section that the owner or occupant of the premises involved has a nonconforming use under the provisions of Chapter 580, Zoning, but the provisions of this section shall be complied with notwithstanding that the owner or occupant of any given premises is using or occupying such premises under a valid nonconforming use.
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 Village,
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.
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.
Shall 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 Village.
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 Village, 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 Village of Winneconne 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.
COMPOST
Definitions. As used in this section, the following terms shall have
the meanings indicated:
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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 enclosure.
Each compost enclosure shall be no larger in volume than 125 cubic
feet, and shall be no taller than 42 inches.
(2)
All compost enclosures shall be so maintained as to prevent the attraction or harborage of rodents and pests. The presence of rodents in or near a compost enclosure shall be cause for the Village to proceed with rodent control in accordance with § 331-8.
(3)
All compost enclosures shall be so maintained as to prevent unpleasant
odors.
(4)
No compost enclosures shall be allowed to deteriorate to such condition
as to be a blighting influence on the surrounding property or neighborhood
or the Village in general.
(5)
Location on property.
(a)
All compost enclosures 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 enclosures may be required
as a condition of a variance being granted.
(6)
No compost enclosures shall be located in any yard except a rear yard, as defined in the Village Zoning Code. A compost enclosure may be located in a side yard as defined in Chapter 580, Zoning, subject to the annual variance procedure contained in Subsection C(5)(b) and must be screened from view to the street.
(7)
Those composting enclosures 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.
