[Adopted as Sec. 6.01 of the prior Code]
The Town Board of the Town of Rome, Adams County, Wisconsin,
has the specific authority under §§ 66.0407 and 66.0517,
Wis. Stats., and has the general authority under its village powers
under § 60.22, Wis. Stats., to adopt this article.
This article is established to prevent the proliferation of
noxious weeds and require property owners to destroy noxious weeds
growing upon their property in the Town of Rome, and provides the
Town enforcement authority to require such action.
The regulations with respect to noxious weeds in §§ 66.0407
and 66.0517 of the Wisconsin State Statutes, and Chapter NR 40 of
the Wisconsin Administrative Code with respect to noxious weeds listed
as prohibited, are hereby adopted and by reference are made a part
of this article as if fully set forth herein. Any future amendments,
revisions or modifications of the State Statutes or Administrative
Code provisions incorporated herein are intended to be made part of
this article.
As used in this article, the following terms shall have the
meanings indicated:
The complete killing of the weed or weed plant above the
surface of the ground by the use of chemicals, cutting, tillage cropping
system, pasturing livestock, or any or all of these in effective combination,
at a time and in a manner as will effectively prevent the weed plant
from maturing to a bloom or flower stage.
Domestic farm animals, such as cattle, horses, sheep, poultry
and pigs.
Canada thistle, leafy spurge, field bindweed (creeping jenny),
and any weed designated as a noxious weed by the Department of Natural
Resources by rule.
Includes the plural as well as the singular and may mean
either a natural person, firm, association, partnership, private corporation,
public or quasi-public corporation, or combination of these who shall
hold title to a building, structure or property, or who shall be in
actual possession of, or have charge, or control of building, structure,
or property as agent of the title holder, or who shall be trustee
or guardian of the estate or person of the title holder.
Includes a corporation, firm partnership, association, organization
and any other group acting as a unit as well as individuals, including
a personal representative, receiver or other representative appointed
according to law. Whenever the term "person" is used in any section
of this article prescribing a penalty or fine, as to partnerships
or associations, the work shall include the partners or members thereof,
and as to corporations, shall include the officers, agents or members
thereof who are responsible for any violation of such section.
Anything constructed or erected, the use of which requires
a more or less permanent location in or on the premises, or any other
attachment to something having a permanent location on the ground,
which includes, but is not limited to, objects such as buildings,
mobile homes, gas or liquid storage tanks, bridges, culverts, decks,
fences, satellite dishes or swimming pools.
The Town of Rome, Adams County, Wisconsin, or any duly appointed
designate thereof, including, but not limited to, the Town Board and
Town committees.
The present governing body of the Town or any successors
to the legislative power of said body, or any duly appointed designate
thereof.
A person owning, occupying, or controlling land shall destroy
all noxious weeds on the land.
The Town Clerk/Treasurer shall on or before May 15 of each year
publish a Class 2 notice under Ch. 985, Wis. Stats. that every person
is required by law to destroy all noxious weeds, as defined in this
article, on lands in the Town which the person owns, occupies or controls.
A.
The Town Weed Commissioner shall enforce all requirements of this
article. The Town Weed Commissioner shall be appointed by the Town
Chairperson pursuant to §§ 60.24(3)(j) and 66.0517(2)(a),
Wis. Stats., and shall have the powers listed in § 66.0517(3)(a),
Wis. Stats.
B.
If, after publication of the public notice under § 216-6 of this article, and investigation of the conditions on the land that the persons owning, occupying or controlling the land, the Town Board or Town Weed Commissioner, after consultation with the Town Board, determines 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 public notice, together with a statement commanding that the noxious weeds upon the land shall be destroyed within 15 calendar days of receipt of the notice, or the person shall be subject to a forfeiture as provided by this article. The notice and statement shall be served by registered or certified mail.
C.
Any person upon whom a notice and statement is served under Subsection B of this section may request a hearing before the Town Board to challenge the reasonableness of the Board's command to destroy weeds or invasive plants. The request for hearing shall be in writing and shall be filed with the Town Clerk/Treasurer on or before the expiration of the time to destroy the weeds, as stated in the statement 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/Treasurer. Notice of the time and place of the hearing shall be served upon the person requesting 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.
Upon the expiration of the 15 calendar days of receipt of a notice and statement received under Subsection B, or if upon the completion of a hearing requested pursuant to the requirements of Subsection C where the Town Board determines the notice and statement is reasonable, the Weed Commissioner may cause the weeds to be removed and costs of removal shall be filed with the Town Clerk/Treasurer. The Clerk/Treasurer shall 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 the 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.
Any person owning, occupying or controlling land in the Town of Rome who fails to destroy all noxious weeds as required herein shall be subject to the penalty set forth in Chapter 1, General Provisions, of the Code of the Town of Rome. Each day that a violation exists is considered a separate violation. In addition, a court may impose upon each person violating this article an assessment for court costs and fees, including reasonable attorney fees, incurred by the Town in enforcement of this section.
If any provision of this article or its application to any person
or circumstance is held invalid, the invalidity does not affect other
provisions or applications of this article that can be given effect
without the invalid provision or application, and to this end the
provisions of this article are severable.
