[HISTORY: Adopted by the Common Council of the City of Colby 10-5-1995 as Title 8, Ch. 1, of the 1995
Code. Amendments noted where applicable.]
The Common Council 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 Council shall be subject to the general penalty provided for in this Code (See § 1-3, General penalty.).[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
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.
Unless delegated to the county, the City 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 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
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 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.
C.
As provided for in § 66.0407, 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 eight inches in height from the
ground surface shall be prohibited within the City corporate limits.
Noxious weeds shall include any weed, grass or similar plant growth
which, if allowed to pollinate, would cause or produce hayfever in
human beings or would cause a skin rash through contact with the skin.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(1)
Noxious weeds, as described in this section and in § 273-5, 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)
Lysimachia nummularia (Creeping Jenny).
(f)
Convolvulus arvensis (Field Bind Weed).
(g)
Tragopogon dubius (Goat's Beard).
(h)
Rhus radicans (Poison Ivy).
(i)
Cirsium vulgare (Bull Thistle).
(j)
Pastinaca sativa (Wild Parsnip).
(k)
Arctium minus (Burdock).
(l)
Xanthium strumarium (Cocklebur).
(m)
Amaranthus retroflexus (Pigweed).
(n)
Chenopodium album (Common Lambsquarter).
(o)
Rumex Crispus (Curled Dock).
(p)
Cannabis sativa (Hemp).
(q)
Plantago lanceolata (English Plantain).
A.
Natural lawns 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 § 273-3. Natural lawns 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)]
B.
Safety precautions for natural grass areas. When, in the opinion
of the Fire Chief of the department serving the City of Colby, 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.
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 Colby.
B.
Public nuisance declared. The Common Council finds that lawns, grasses and noxious weeds on lots or parcels of land, not assessed as agricultural land within the City of Colby, which exceed eight inches in length adversely affect the 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 of Colby. For those reasons, any lawn, grass or weeds which exceeds eight inches in length and are located within 50 feet of a structure are hereby declared to be a public nuisance, except for property located in a designated floodplain area and/or wetland area, or where the property is assessed as agricultural land or where the lawn, grass or weed is part of a natural lawn approved pursuant to § 273-4.
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 said person, firm or corporation within the City of Colby.
D.
Inspection. The Weed Commissioner shall have access to and shall inspect or cause to be inspected all unenclosed real estate and lots within the City of Colby to determine whether any public nuisance as defined in Subsection B above exists or that compliance with any other provision of this section has occurred.
E.
Assessments, costs and fees.
(1)
All abatement costs incurred by the City of Colby shall be assessed
as a special tax against said property, including actual attorney
fees and court costs.
(2)
All costs for abatement of said nuisance, including the costs for
mowing and removal of clippings, shall be established by the City
of Colby and shall be revised from time to time as the City deems
appropriate.
F.
Bale permits. Prior to May 1 of each year, any property owner, occupant
or person in charge of said property may apply to the City Clerk-Treasurer
for a bale permit. Upon being issued a bale permit, the owner, occupant
or person in charge of said property shall be required to cut and
bale at least twice per year the applicable property on which the
permit was issued. Bales shall be removed from said property by November
1 of each year. Failure to comply with the provisions of said bale
permit shall result in imposition of abatement costs as determined
by the City of Colby.
G.
Clippings. Any rough-cut clippings from bush hogs or similar mowing
implements which are over five inches in length shall be raked and
disposed of within 72 hours of cutting. Failure to comply with this
provision shall allow the City to rake and remove said clippings and
impose abatement costs as determined by the City of Colby.
H.
City's option to abate nuisance. In the event that the owner, occupant
or person in charge of the property shall fail to cut said lawn, grass
or weeds or fail to comply with any other provisions of this section
as to bale permits or clippings, the City may then elect to cut said
lawn, grass or weeds on the subject's property and shall charge the
expenses of so doing at a rate established by resolution by the Common
Council. The charges shall be set forth in a statement from the City
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 with 30 days thereafter, the City Clerk-Treasurer
shall enter the charges on 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.
I.
Violations and penalties. At its option, the City of Colby may seek a forfeiture as provided in § 1-3 of the Colby Code of Ordinances or seek an order of abatement from the Circuit Court in the form of an injunctive order for each violation of this section. Each day a violation continues shall be a separate offense for purposes of assessment of a forfeiture. In addition to any other penalty imposed by this section, all actual attorney fees and court costs incurred by the City of Colby to enforce said section shall be assessed as a special tax against the property.
A.
HARDWARE CLOTH
OWNER or MANAGER
RODENT
RODENT HARBORAGE
RODENT-PROOF CONTAINER
RODENT-PROOFING
Definitions. As used in this section, the following terms shall have
the meanings indicated:
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 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.
All nuisance animals.
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.
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 of
Colby.
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 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 are found on any premises or in any building within
the City of Colby, 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 Colby 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
YARD WASTE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The controlled biological reduction of organic waste to humus.
Any uncooked plant matter not contaminated by or containing
meat, fish and/or dairy products.
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.
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 § 273-6.
(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 City in general.
(5)
Location.
(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.
(6)
No compost bin shall be located in any yard except a rear yard, as defined in Chapter 480, Zoning, of the City Code, unless a variance is granted by the Board of Appeals.
(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.
A.
Purpose. The purpose of this section is to provide for exceptions
to existing ordinances and City regulations and the special considerations
under which circumstances are such that the Common Council will grant
a permit to install a holding tank.
B.
Permitted installations. Structures owned and operated or operated
by charitable, nonprofit organizations in the public interest may
install a holding tank for the storage and decomposition of human
excrement and domestic wastes only by special authorization of the
Common Council upon application to the Common Council setting forth
the specifications and the proposed location of the holding tank.
Each application filed with the Common Council shall be considered
by the Common Council on its individual merits. No permit for a holding
tank shall be granted unless the connection to the City sewer system
would not be feasible because of prohibited costs and/or inability
of the owner or operator to obtain easements to the City sewer system.
C.
Maintenance. The owner and/or operator of a nonprofit structure shall
be fully responsible for all maintenance costs in connection with
the installation of the holding tank and the maintenance thereof.
Any services performed by the City shall be fully reimbursable to
the City by the owner and/or the owner/operator or operator.
D.
Adoption by reference. The provisions of Ch. NR 113, Servicing Septic
or Holding Tanks, Pumping Chambers, Grease Interceptors, Seepage Beds,
Seepage Pits, Seepage Trenches, Privies or Portable Restrooms, and
Ch. SPS 383, Private Onsite Wastewater Treatment Systems, Wis. Adm.
Code, are adopted by reference insofar as applicable and incorporated
herein the same as if set forth in full.
A.
Purpose. Wisconsin adheres to the legal doctrine that surface water
is a common enemy, which each proprietor may fight off or control
as he will or is able, either by retention, diversion, repulsion or
altered transmission, so that no cause of action arises from such
interference, even if some injury occurs, causing damage. For the
purpose of modifying such rule within the City of Colby, because of
the responsibility of the City of Colby for the control and maintenance
of storm sewer drainage on its streets and alleys, it has been determined
that it is in the public interest that the Common Council exercise
control over the filling and excavation of lands within the City limits
insofar as such filling and/or excavating affects the retention, diversion,
repulsion or altered transmission of surface water. This section provides
for orderly development under the overall supervision of the Planning
Committee of the excavation, filling or alteration of lands within
the City limits.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
Permit required. Before any property owner or person controlling
the use of property within the City limits of the City of Colby alters
such property by excavation, filling, change of elevation or other
manner, such person shall apply to the City Clerk-Treasurer, on forms
provided by the City Clerk-Treasurer, for a permit to perform such
excavation, filling or change of elevation, describing in detail the
work to be done and the matter in which it is to be accomplished.
No such alteration, filling, excavation or change of elevation shall
be accomplished unless such application is made first.
C.
Filing application. Upon the filing of an application with the City
Clerk-Treasurer, the City Clerk-Treasurer shall refer the application
immediately to the Planning Committee of the Common Council. The Planning
Committee shall, within 10 days after such reference, call a Committee
meeting for the purpose of reviewing the application and making a
determination whether the work sought to accomplished will adversely
affect the orderly drainage of surface work from City streets and
alleys and other property to City storm sewers. If the Planning Committee
of the Common Council determines that it will not adversely affect
such drainage, the Planning Committee shall make recommendation to
the next meeting of the Common Council that the permit for the work
shall be granted. If the determination is that the work to be accomplished
will have an adverse effect on adjoining property or surface drainage,
then the Planning Committee shall make recommendation to the Common
Council that the permit be denied.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
D.
Hearing procedure. In order to provide due process of law for anyone
denied a permit under the terms of this section, the Common Council
shall, if the permit is denied, within the next 30 days, set the matter
for hearing before the full Common Council. At such hearing all persons
desiring to be heard shall be heard. Following such hearing, the Common
Council shall either affirm or reverse the recommendation of the Planning
Committee.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
E.
Permit costs. Application forms for the permit under this section
shall be obtained from the City Clerk-Treasurer upon payment of a
fee as set by the Common Council.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
F.
Penalties. Any person proceeding with work prohibited by this section
without first obtaining a permit shall be advised by the City Clerk-Treasurer
that the land altered shall be restored to its original condition
within 30 days from the date of the notice. Such notice shall be sent
by certified mail to the owner or person controlling the property.
In the event that the property is not restored to its original condition,
the Department of Public Works of the City of Colby may restore the
land to its original condition, as nearly as possible, and the costs
thereof will be assessed as a special assessment against the property
and placed on the tax roll as are real estate taxes and collected
in the same manner as real estate taxes.
A.
Statement of purpose. The Common Council finds that uncontrolled
discharges of water from sump pumps, footing tiles, roofs, downspouts,
eave troughs, yard drains, swimming pools, cistern overflows and other
means of transmitting natural precipitation and surface waters can
overload the public sewerage system and contribute to flooding. Such
overloading may result in sewage flowing into basements and/or residences
and businesses, creating potentially hazardous public health and safety
conditions and damage to properties. Such discharges into the public
sewerage system increase system operating costs and maintenance. Furthermore,
such uncontrolled discharges, particularly from sump pumps, can create
frozen runoff onto public sidewalks and excess runoff from one lot
to another.
B.
Prohibitions. It shall be unlawful for any owner, occupant or user of any premises to direct into or allow any stormwater, surface water, groundwater, well water or other sources specified in Subsection A above to drain into or connect into the public sewerage system. No rain spout or other form of surface drainage, foundation drainage or sump pump shall be connected to or discharged into the public sewerage system.
C.
Sump pump discharge system required.
(1)
Dwellings and other buildings and structures which require, because
of infiltration of water into basements, crawl spaces, etc., the use
of a sump pump system shall have a permanently installed discharge
line, which shall not at any time discharge into a sanitary sewer
system.
(2)
Discharge line requirements.
(a)
A "permanently installed discharge line" shall be one which
provides for uninterrupted, year-round discharge capability to either
an appropriate drainage area outside of the dwelling, building or
structure, or is connected to the City storm sewer system. In no event
shall a drainage area include property owned by another party or any
public right-of-way.
(b)
The permanently installed discharge line shall consist of a
rigid discharge line, without valving or quick connections for altering
the path of discharge. This line shall not be capable of connection
or reconnection to the public sewerage system. The discharge pipe
shall be installed to the outside wall of the building with rigid
pipe (plastic, copper, galvanized or black pipe), one-inch inside
diameter minimum. If the discharge line is directly connected to a
storm sewer line or catch basin, the discharge pipe shall have a check
valve within one foot of the floor grade, an air gap and a union or
other approved coupling for easy disconnection for repair or replacement.
The point of discharge shall be a minimum of two feet from the basement
foundation wall and 10 feet from the property line.
(c)
Discharge water shall not discharge to a street, alley or other
public way or create any icy condition on any pedestrian walkways
within or adjacent to the premises' lot lines.
(d)
As an alternate method of installation with the approval of
the City, the discharge pipe may be connected directly to the City
of Colby's underground storm sewer system, provided the discharge
is at a higher elevation than the normal flow level and that an approved
backflow prevention device is installed.
(e)
When a storm sewer is not or will not be available in the future,
as determined by the City, the sump pump shall discharge to grade
and must satisfy all of the following provisions, unless otherwise
authorized by the Director of Public Works, City Engineer or Building
Inspector:
D.
Foundation drain tile systems. For buildings and residences constructed
after the effective date of this section, groundwater from foundation
drain tile shall not discharge into the sanitary sewerage system.
The building/residence shall have a drain tile placed around the inside
or outside perimeter of the foundation connected to a sump pit. All
baseboard seepage collection systems shall be discharged to the sump
pit. The sump pit shall be located a minimum of 10 feet from an inside
sanitary floor drain. Groundwater flowing through the tile and draining
to a sump pit shall be discharged to the exterior of the structure
with the use of a sump pump.
E.
Sump pump connection required.
(1)
Sump pump connections to storm sewer system.
(a)
Each owner of a platted lot where storm sewer laterals have
been installed, or will be installed in the future pursuant to City
of Colby standards, shall be required to connect the building sump
pump outlet directly to the storm sewer lateral as installed at the
time of plat or certified survey map approval by the subdivider, or
as subsequently installed by the City pursuant to this section or
any other ordinance of the City of Colby. If a City storm sewer system
or City drain tile system is available to the property, connection
of said discharges to this system shall be mandatory.
(b)
Where no storm sewer is available or is not adequate to receive
the anticipated flow (as determined by the City) between the dates
of November 15 and April 15 of the following year, the sump pump discharge
shall drain onto the premises, not onto the roadway, curbing or sidewalk.
(2)
Compliance responsibility. It shall be the responsibility of the
party who is issued a building permit to ensure that the sump pump
discharge system from the building constructed on the property is
installed underground from the building and is properly connected
to the storm sewer laterals.
(3)
Downspouts. No downspouts shall be connected to the storm sewer lateral,
except with the approval of the Public Works Director, City Engineer
or Building Inspector for unique hazard mitigation, and then shall
be limited to one such connection only.
F.
Connection orders; inspections; variances; noncompliance.
(1)
Connection order. A connection order may be served, in person or
by first class mail, upon either the owner of the property or its
occupant. The order shall provide that connection to the storm sewer
shall occur within 30 days after order issuance and prohibited connections
be discontinued, unless a written waiver or time extension request
has been filed with the Director of Public Works, City Engineer or
Building Inspector.
(2)
Inspections.
(a)
Within 30 days after notice from the City of Colby, the property
owner shall contact the City to schedule an inspection by a City inspector
of each building and the utility service lines located on such property.
The purpose of this inspection is to confirm that there is no sump
pump or other prohibited discharges into the public sewerage system.
In lieu of having the City inspect the property, the property owner
may, at the owner's expense, furnish a certificate from a Wisconsin-licensed
plumber, in a form acceptable to the City, certifying that the property
is in compliance with this section.
(b)
The City may periodically reinspect any building or premises
to determine compliance with this section.
(c)
All new residences shall be required to have their sump pump
system inspected and be in compliance with this section prior to issuance
of a certificate of occupancy.
(3)
Waivers or time extensions.
(a)
The Director of Public Works, City Engineer or Building Inspector
shall hear and decide requests for waivers or time extensions from
the applicability of the provisions of this section where strict enforcement
would cause undue hardship because of circumstances unique to the
individual property under consideration or which would cause a significant
public health or safety problem. This may also include situations
where it would not be practical, as determined by the City, to correct
an otherwise prohibited discharge to the public sewerage system.
(b)
Applications for a waiver or time extension shall be made within
15 days of receipt of a compliance order. Such application shall be
addressed in writing to the Director of Public Works, City Engineer
or Building Inspector. Applications shall, at a minimum, identify
the subject property, the name of the property owner/applicant and
describe in detail what characteristics of the subject property create
an undue hardship. Within a reasonable time, the Director of Public
Works, City Engineer or Building Inspector shall make a decision on
the request, providing a copy of such decision to the applicant in
writing. Upon approval of an application for a waiver or time extension,
a property owner shall be allowed to discharge directly into the sewerage
system for a limited time specified in the written determination and
in accordance with other terms and conditions specified.
(4)
Penalties.
(a)
A penalty surcharge of $300 per month shall be imposed on every
sewer service bill to a property owner who:
(b)
The surcharge shall be added every month thereafter for properties
not in compliance with this section until the property owner submits
appropriate proof to the City that the property has been brought into
full compliance, with verification by City inspection. Any property
found during any reinspection to be in violation of this section shall
be subject to the surcharge for all months between the two most recent
inspections. If the surcharge is not paid, the City reserves the right
to assess the property the unpaid balance as a special charge under
the Wisconsin Statutes.
