[HISTORY: Adopted by the City Council of the City of Amery 10-6-2004 as Title 8, Ch. 1, of the 2004
Code. Amendments noted where applicable.]
The City Council, acting as Board of Health, 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 City Council shall be subject to the general penalty provided for in § 1-5 of 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 City Administrator/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 City
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 City 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 and 66.0627, 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 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 charge thereon.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
C.
As provided for in §§ 66.0407 and 66.0627, 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. The growth of noxious weeds in excess of six inches in height
from the ground surface shall be prohibited within the City of Amery
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 § 249-5, 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 lamb's-quarter).
(n)
Rumex crispus (curled dock).
(o)
Cannabis sativa (hemp).
(p)
Plantago lancellata (English plantain).
A.
NATURAL LANDSCAPE
NATURAL LANDSCAPE MANAGEMENT PLAN
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Includes common species of grass and wildflowers native to North America which are designed and purposely cultivated to exceed six inches in height from the ground. Specifically excluded in natural landscapes are the noxious grasses and weeds identified in § 249-3 of this chapter. The growth of a natural landscape in excess of six inches in height from the ground surface shall be prohibited within the City of Amery corporate limits unless a natural landscape management plan is approved and a permit is issued by the City as set forth in this section. A natural landscape shall not contain litter or debris and shall not harbor undesirable wildlife.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A written plan relating to the management and maintenance
of a natural landscape which contains the street address or a legal
description of the property where the proposed natural landscape is
being requested, and which would exceed six weeks, a statement of
intent and purpose for the natural landscape, a detailed description
of the vegetational types, plants and plant succession involved, and
the specific management and maintenance techniques to be employed.
B.
Location; approval of abutting property owners.
(1)
Property owners who wish to plant and cultivate a natural landscape
must submit their written plan and related information to the City.
"Property owner" shall be defined to include the legal title holder
and/or the beneficial owner of any such lot according to most current
City records. Natural landscape management plans shall only indicate
the planting and cultivating of natural landscapes on property legally
owned by the property owner. Applicants are strictly prohibited from
developing a natural landscape on any City-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 landscapes shall not be permitted within five
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 natural landscape 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 City Administrator/Clerk-Treasurer.
(3)
Any subsequent property owner who abuts an approved natural landscape
may revoke the waiver, thereby requiring the owner of the natural
landscape to remove the natural landscape that is located in the five-foot
section abutting the neighboring property owner. Such revocation shall
be put in writing and presented to the City Administrator/Clerk-Treasurer
by the subsequent abutting property owner. Upon receiving the written
request to revoke the original waiver, the City Council shall contact
the owner of the approved natural landscape and direct the owner to
remove the natural landscape located in the five-foot section abutting
the neighboring property owner. The City Council shall revise the
approved natural landscape permit accordingly. The owner of the approved
natural landscape shall be required to remove the five-foot section
abutting the neighboring property owner within 20 days of receipt
of the written notification from the City, provided the notification
is received sometime between May 1 and November 1. Property owners
who receive notification from the City between November 1 and April
30 shall be required to remove the five-foot section abutting the
neighboring property owner no later than May 20 following receipt
of the notification.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
C.
Application process.
(1)
Property owners interested in applying for permission to establish
a natural landscape shall file an application with the City Administrator/Clerk-Treasurer.
The completed application shall include a natural landscape management
plan. Upon submitting a completed application, a fee as prescribed
in the Schedule of Fees will be assessed by the City. Upon receiving
payment, copies of the completed application shall be mailed by the
City to each of the owners of record, as listed in the office of the
City Assessor, who are owners 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 City receives written objections from 51% or more of the neighboring
property owners, the City shall deny the application. "Neighboring
property owners" shall be defined as all those property owners who
are located within 300 feet of the proposed natural landscape site.
(2)
If the property owner's application is in full compliance with the
natural landscape management plan requirements and fewer than 51%
of the neighboring property owners provide written objections, the
City Council may issue permission to install a natural landscape.
Such permit shall be valid for two years. Permit renewals shall follow
the procedures in this section.
D.
Application for appeal. The property owner may appeal the Administrator/Clerk-Treasurer's
decision to deny the natural landscape permit request to the City
Council at an open meeting. All applications for appeal shall be submitted
within 15 calendar days of the notice of denial of the natural landscape
permit. The decision rendered by the City Council shall be final and
binding.
E.
Prohibited plant species. The following noxious grasses or weeds
will not be allowed in a natural landscape area:
|
Common Name(s)
|
Latin Name(s)
|
|---|---|
|
Buckthorn
|
Rhamnus cathartica
|
|
Rhamnus frangula
| |
|
Burdock (yellowdock)
|
Artium lappa
|
|
Field bindweed (wild morning glory)
|
Convolvulus arvensis
|
|
Garlic mustard
|
Alliaria petiolata
|
|
Goat's beard (oyster plant, salsify)
|
Tragopogon porrifolius
|
|
Leafy spurge
|
Euphorbia esula
|
|
Marijuana
|
Cannabis sativa
|
|
Nettle
|
Urtica dioica
|
|
Oxeye daisy
|
Chrysanthemum leucanthemu
|
|
Pigweed (lamb's-quarters)
|
Chenopodium album
|
|
Pigweed (amaranth)
|
Amaranthus retroflexus
|
|
Poison ivy
|
Rhus radicans
|
|
Quackgrass
|
Bromus brizaeformis
|
|
Ragweed (common)
|
Ambrosia artemisifolia
|
|
Ragweed (great)
|
Ambrosia trifida
|
|
Spotted knapweed
|
Centaurea maculosa
|
|
Thistle, bull
|
Cirsium vulgare
|
|
Thistle, Canada
|
Cirsium arbense
|
|
Thistle, musk or nodding
|
Carduus nutans
|
|
Thistle, star (caltrops)
|
Centaurea calicitrapa
|
|
Thistle, sow (field)
|
Sonchus arvensis
|
|
Thistle, sow (common)
|
Sonchus oleraceus
|
|
Thistle, sow (spiny-leaved)
|
Sonchus asper
|
|
Sweet clover (yellow)
|
Melilotus officinalis
|
|
Sweet clover (white)
|
Melilotus alba
|
|
Yellow mustard (yellow rocket wintercress)
|
Barbarea vulgaris
|
|
Japanese bamboo
| |
|
Wild mustard
|
F.
Safety precautions for natural landscape areas.
(1)
When, in the opinion of the Fire Chief of the Department serving
the City of Amery, the presence of a natural landscape may constitute
a fire or safety hazard due to weather and/or other conditions, the
Fire Chief may order the cutting of natural landscapes to a safe condition.
As a condition of receiving approval of the natural landscape permit,
the property owner shall be required to cut the natural landscape
within the three days upon receiving written direction from the Fire
Chief.
(2)
Natural landscapes shall not be removed through the process of burning
unless stated and approved as one of the management and maintenance
techniques in the natural landscape management plan and appropriate
City open burning permits have been obtained. The Fire Chief shall
review all requests to burn natural landscapes and shall determine
if circumstances are correct and all applicable requirements have
been fulfilled to ensure public safety. Burning of natural landscapes
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 landscapes,
thereby ensuring the public safety. In addition, the property owner
requesting permission to burn the natural landscape shall produce
evidence of property damage and liability insurance identifying the
City as a party insured. A minimum amount of acceptable insurance
shall be $300,000.
G.
Revocation of an approved natural landscape permit. The Weed Commissioner
shall have the authority to revoke an approved natural landscape permit
if the owner fails to maintain the natural landscape or comply with
the provisions set forth in this section. Notice of intent to revoke
an approved natural landscape permit shall be appealable to the City
Council. All applications for appeal shall be submitted within 15
calendar days of receipt of the written notice of intent to revoke
the approved natural landscape permit. Failure to file an application
for appeal within 15 calendar days shall result in the revoking of
the natural landscape permit. All written applications for appeal
filed within the 15 calendar day requirement shall be reviewed by
the City Council in an open meeting. The decision rendered by the
City Council shall be final and binding.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
H.
Public nuisance defined; abatement after notice.
(1)
The growth of a natural landscape as defined in this section shall
be considered a public nuisance unless a natural landscape management
plan has been filed and approved and a permit is issued by the City
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 enforcement officer
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
City Administrator/Clerk-Treasurer shall enter those charges onto
the tax roll as a special tax as provided by state statute.
(3)
The failure of the City Administrator/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 City expense on
the tax rolls for unpaid bills for abating the public nuisance as
provided for in this section.
I.
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 § 1-5.
(2)
In addition to any penalties herein provided, the City may issue
stop-work orders upon owners of lots where work is unfinished under
a previously issued 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 City of Amery.
B.
Public nuisance declared. The City Council finds that lawns, grasses and noxious weeds on nonagricultural lots or parcels of land, as classified under Chapter 450, Zoning, within the City of Amery which exceed six 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 six 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 natural landscape approved pursuant to § 249-5 above.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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/her within the City.
D.
Inspection. The Weed Commissioner or his/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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(1)
If the owner or occupant shall neglect to cut any lawns as required
herein, then the Weed Commissioner of the City shall give five days'
written notice by mail to the owner or occupant of any lands upon
which the lawn is growing in violation herewith, to the effect that
the said Weed Commissioner after the expiration of the five-day notice
will proceed to mow or have mown the lawn to meet the requirements
of this section and that the cost of said mowing will be assessed
as a special charge upon the lands upon which said lawn is growing,
pursuant to the provisions of § 66.0627, Wis. Stats. Such
notice shall be in writing and mailed by first class mail addressed
to the landowner's last known address, as reflected in City records.
The actual receipt of such notice is not a prerequisite to enforcement
of this section.
(2)
In case the owner or occupant shall further neglect to comply with
said five-day notice, then the Weed Commissioner shall mow or have
mown said lawns to comply with this section in an economical method
and shall include the cost of said mowing and the cost of billing
and administrative expenses and shall charge said costs against the
property to be collected as a special charge thereon. The property
owner shall be charged a minimum rate as prescribed in the Schedule
of Fees per hour or any part of an hour. The time charge for such
mowing and cutting shall include time involved in loading and unloading
equipment, and transportation to and from the site.
F.
Due process hearing. If the owner believes that his/her grasses or
weeds are not a nuisance, he/she may request a hearing before the
City Council. The request for said hearing must be made, in writing,
to the City Administrator/Clerk-Treasurer's office within the five
days set forth in the Weed Commissioner's notice. Upon application
for the hearing, the property owner must deposit a $25 bond. If a
decision is rendered in the property owner's favor, the $25 will be
returned to the property owner. If the property owner fails to appear
for the hearing or if the decision is rendered against the property
owner, the deposit shall be forfeited and applied to the cost of City
personnel abating the nuisance, if necessary. When a hearing is requested
by the owner of the property, a hearing by the City Council shall
be held within seven days from the date of the owner's request. The
property in question will not be mowed by the City until such time
as the hearing is held by the City Council. 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 City as well as subpoena witnesses for his/her own case. At the
close of the hearing, the City Council shall make its determination,
in writing, specifying its findings, facts, and conclusions. If the
City Council determines that a public nuisance did exist, the City
Council 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 City Council'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.[1]
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 City Council
may defer connection to such water or sewer main or mains for those
properties which have existing septic systems or wells whose construction
was permitted by the City of Amery, but such deferment shall not exceed
one year from the date of installation of such main or mains. Each
building used for human habitation located adjacent to a sewer or
water main, or in a block through which one or both of these systems
is extended, shall be connected to either or both in the manner prescribed
and directed by the Public Works Committee.
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 registered mail addressed to
the last known address of the owner or his/her agent.
C.
City 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 tax against the property. The property owner may, within
30 days after completion of the work, file a written option with the
City Administrator/Clerk-Treasurer stating that he or she cannot pay
the amount in one sum and asking that it be levied and not to exceed
five equal annual installments, and the amount shall be so collected
with interest at the rate of 12% per year from the completion of the
work, the unpaid balance to be a special tax lien.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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 waterless toilet shall be used in connection
with such human habitation.
A.
Inspections.
(1)
Whenever the Building Inspector, Fire Inspector, Chief of Police,
or other authorized City official shall, upon inspection of any premises
within the City of Amery, find 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 or depository which
presents a risk of clogging or blocking a sewer system, or any other
unhealthy, hazardous or unsightly materials or things which create
a fire or health hazard, or which are detrimental to the appearance,
neatness and cleanliness of the immediate neighborhood or the City
of Amery 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 or 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 or depository which presents a risk of clogging or blocking
a sewer system, or other unhealthy, hazardous or unsightly materials
or things.
(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 City official under this section may, within 10 days from the
date of receipt of such order, appeal such order to the City Council.
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 450, 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
RODENT-PROOF CONTAINER
RODENT-PROOFING
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/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 rodent-proofing 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 rodent-proof
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 is 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.
Rodent-proofing. It shall be the duty of the owner or manager of
any building in the City of Amery to make such building reasonably
rodent-proof, 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.
COMPOSTING
KITCHEN WASTE
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.
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 § 249-8.
(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 the City in general.
(5)
Setback.
(a)
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.
(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 bins may be required
as a condition of a variance being granted.
(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.
F.
Municipal exception. Any municipal composting site maintained by
the City shall be exempt from the provisions of this section.
A.
Discharge. No person shall cause, allow or permit any roof drain,
surface drain, subsoil drain, drain from any mechanical device, gutter,
ditch, pipe, conduit, sump pump or any other object or thing used
for the purposes of collecting, conducting, transporting, diverting,
draining or discharging clear water from any part of any private premises
owned or occupied by said person to discharge into a sanitary sewer.
B.
Nuisance. The discharge into a sanitary sewer from any roof drain,
surface drain, subsoil drain, drain from any mechanical device, gutter,
ditch, pipe, conduit, sump pump or any other object or thing used
for the purposes of collecting, conducting, transporting, diverting,
draining or discharging clear water from any part of any private premises
is hereby declared to be a public nuisance and a hazard to the health,
safety and well-being of the residents of the City and to the protection
of the property.
C.
Groundwater. Where deemed necessary by the City Council, every house
shall have a sump pump installed for the purpose of discharging clear
waters from foundation drains and ground infiltration and where the
building is not serviced by a storm sewer shall either discharge into
an underground conduit leading to a drainage ditch, gutter, or dry
well or shall discharge onto the ground surface in such other manner
as will not constitute a nuisance as defined herein.
D.
Stormwater. All roof drains, surface drains, drains from any mechanical
device, gutters, pipe, conduits or any other objects or things used
for the purpose of collecting, conducting, transporting, diverting,
draining or discharging stormwaters shall be discharged either to
a storm sewer, a dry well, an underground conduit leading to a drainage
ditch or onto the ground surface in such other manner as will not
constitute a nuisance as defined herein.
E.
Storm sewer lateral. Where municipal storm sewers are provided and
it is deemed necessary by the property owner and/or the City to discharge
clear waters from a parcel of land, a storm sewer lateral shall be
installed and connected to the storm sewer main at the expense of
the owner.
F.
Conducting tests. If a designated City agent suspects an illegal
clear-water discharge as defined by this section or by any other applicable
provision of the Wisconsin Administrative Code as it may, from time
to time, be amended, he/she may, upon reasonable notice and at reasonable
times, enter the private premises where such illegal clear-water discharge
is suspected and conduct appropriate tests to determine whether such
suspected illegal clear-water discharge actually exists. In addition,
City inspectors may inspect for illegal clear-water discharges as
a part of a routine inspection without cause.
A.
No person, firm or corporation shall bury or cause to be buried on
or in any public street or on any public ground or on any private
property belonging to said person, firm or corporation any dead animal,
animal carcass or any parts thereof within the City of Amery, except
that a resident of the City of Amery, upon receiving a permit from
the Director of Public Works, may bury a domestic household pet on
said person's, firm's or corporation's own private property.
B.
Any person, firm or corporation which violates this section shall
be subject to the general forfeiture provisions of this Code of Ordinances.
In addition, said person, firm or corporation shall be required to
remove any animal or animal carcass buried in violation of this section.
A.
Purpose. The Amery Lakes Protection and Rehabilitation District has
conducted a study to determine the current and projected water quality
of South Twin Lake, North Twin Lake, Pike Lake and the Apple River.
The data indicates that the water quality of the lakes and river may
be maintained and improved if the City of Amery is able to regulate
the amount of chemicals and nutrients entering the lakes and river
as a result of water runoff and other causes. The purpose of this
section is to define regulations which will aid the City in maintaining
and improving water resources which are enjoyed by its residents and
other users and to further educate the residents and users to some
of the steps they can take to maintain the water quality of their
lakes and river.
B.
Regulations for control of lawn fertilizer applications.
(1)
License required. No person, firm, corporation or franchise shall
engage in the business of lawn fertilizer application within the City
of Amery unless a license has been obtained from the City Administrator/Clerk-Treasurer
as provided herein. There shall be no fee charged for the issuance
of this license.
(2)
License application procedure. Application for a lawn fertilizer
license shall be submitted to the City Administrator/Clerk-Treasurer.
The application shall consist of the following:
(a)
Name, address and telephone number of applicant and any individuals
authorized to represent the applicant.
(b)
Description of lawn fertilizer formula proposed to be applied
on lawns within the City of Amery.
(c)
A sample of the lawn fertilizer to be applied in the City, if
it is requested by the City. Said sample shall be large enough to
permit laboratory testing.
C.
Regulation for property owners. Upon the City's request, a property
owner shall provide the City with sample of lawn fertilizer to be
applied by the property owner. The quantity of the sample should be
large enough to permit laboratory testing.
D.
General regulations.
(1)
Time of application. A lawn fertilizer application shall not be applied
between November 15 and April 15 of the succeeding year or when the
ground is frozen. Application is recommended during the autumn months
rather than in the spring wet weather. Care is to be exercised so
as to apply the fertilizer during periods of low wind conditions which
will allow for the placement of the fertilizer in the designated area.
(2)
Sample analysis cost. The cost of analyzing fertilizer samples taken
from the property owner shall be paid by the property owner if the
sample analysis indicates that the phosphorus content exceeds the
levels authorized herein.
(3)
Fertilizer content. Except for as provided in Subsection D(6), the fertilizer applied shall not contain inorganic phosphate. Fertilizer applied shall contain no more than 1% organic phosphate by weight or volume.
(4)
Impervious surfaces. No person shall apply fertilizer to any impervious
surfaces (roadway, walkway, stairway, patio, etc.), or to areas within
drainage ditches or waterways, nor shall any person pile, store or
burn lawn clippings or leaves on an impervious surface, drainage ditch
or waterway where they could be washed or transported into a storm
sewer or into South Twin Lake, North Twin Lake, Pike Lake and the
Apple River.
(5)
Buffer zone. Fertilizer applications shall not be made within 35
feet of any wetland or water resources.
(6)
Exempt. Newly established turf areas shall not be banned from the
use of a fertilizer containing phosphorus for the first growing season.
Active garden areas shall not be banned from the use of a fertilizer
containing phosphorus. Those established lawn areas in need of a fertilizer
containing phosphorus will be allowed if the property owner provides
the City with certified soil test results showing the need for such
fertilizer. In all of these cases, the amount of phosphorus applied
shall not exceed 1/2 pound per 1,000 square feet of application area
per year.
(7)
Penalty. Except as hereinafter provided, any person, firm, corporation or franchise which is convicted of a violation of this section shall be dealt with pursuant to § 1-5 of this Code of Ordinances. Abatement shall be an additional remedy as permitted under §§ 313-8 and 313-9 of this Code of Ordinances.
