[HISTORY: Adopted by the Village Board of the Village of
Bear Creek at time of adoption of Code (see Ch. 1, General Provisions,
Art. II). Amendments noted where applicable.]
A.
If the owner or occupant shall neglect to destroy any weeds as required,
the Director of Public Works of the Village shall give five days'
written notice by certified mail to the owner or occupant of any lands
upon which the weeds shall be growing to the effect that said Director
of Public Works, 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 shall charge the expense of so doing, including
the cost of billing and other necessary administrative expenses, at
a rate established by the Village Board. 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 Clerk-Treasurer shall enter the charges in
the tax roll as a special charge against said lot or parcel of land.
B.
The owner, occupant or person in charge of a property found to be in violation of this section will receive one written notice per growing season. If a lot or parcel of land in violation of this section subsequently falls into further violation(s) after the initial written notice provided in Subsection A above is mailed, the owner will not be notified in writing. Instead, the Director of Public Works will destroy or cause to be destroyed all such weeds growing upon said lands and the charges, as outlined above, will be billed to the owner, occupant or person in charge.
C.
The cost for removal of weeds under this section shall be as set
forth in the Village Fee Schedule, on file in the Village offices.
D.
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 five inches in height from
the ground surface shall be prohibited within the Village 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 § 185-3, shall include but not be limited to the following:
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Cirsium arvense (Canada thistle)
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Ambrosia artemisiifolia (common ragweed)
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Ambrosia trifida (great ragweed)
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Euphorbia esula (leafy spurge)
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Lysimachia nummularia (creeping jenny)
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Convolvulus arvensis (field bindweed)
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Tragopogon dubius (goat's beard)
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Rhus radicans (poison ivy)
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Cirsium vulgaris (bull thistle)
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Pastinaca sativa (wild parsnip)
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Arctium minus (burdock)
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Xanthium strumarium (cocklebur)
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Amaranthus retroflexus (pigweed)
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Chenopodium album (common lambsquarters)
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Rumex crispus (curled dock)
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Cannabis sativa (hemp)
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Plantago lanceolata (English plantain)
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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 five inches in height from the ground. Specifically excluded in natural lawns are the noxious grasses and weeds identified in § 185-1 of this chapter. The growth of a natural lawn in excess of five inches in height from the ground surface shall be prohibited within the Village 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 five 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.
(2)
Property owners who wish to plant and cultivate a natural lawn must
submit their written plan and related information on the form provided
by the Village. "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
only indicate the planting and cultivating of natural lawns on property
legally owned by the property owner. 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. In addition, natural lawn 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 to be affixed to the lawn management plan.
(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 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 shall revise the approved natural lawn 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 2 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 obtain and complete an application form available
from the Village Clerk-Treasurer. The completed application shall
include a natural lawn management plan. Upon submitting a completed
application, a nonrefundable filing fee as set forth in the Village
Fee Schedule, on file in the Village offices, 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, as
listed in the office of the Village 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 Village receives written objections
from 51% or more of the neighboring property owners, the Village Clerk-Treasurer
shall immediately deny the application. "Neighboring property owners"
shall be defined as all those property owners who are located within
300 feet of the proposed natural lawn site.
(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.
D.
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.
E.
Safety precautions for natural grass areas.
(1)
When, in the opinion of the Fire Chief, 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. As a condition of receiving approval of
the natural lawn permit, the property owner shall be required to cut
the natural lawn within three days upon receiving written direction
from the Fire Chief.
(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. 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 lawn, 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.
F.
Revocation of an approved natural lawn permit. The Clerk-Treasurer,
upon the recommendation of the Director of Public Works, shall have
the authority to revoke an approved natural lawn permit if the owner
fails to maintain the natural lawn or comply with the provisions set
forth in the approved natural lawn permit or any requirements set
forth in this section. Notice of intent to revoke an approved natural
lawn 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 permit.
Failure to file an application for appeal within the 15 calendar days
shall result in the revoking of the natural lawn 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.
G.
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 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
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.
H.
Penalty.
(1)
Any person, firm or corporation who or which does not abate the nuisance within the required time period or who or which otherwise violates the provisions of this section shall be subject to the general penalty found in § 1-4, General penalty, of this 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.
B.
Public nuisance declared. The Village Board finds that lawns, grasses and noxious weeds which exceed five 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 Village. For that reason, any lawn, grass or weed on a lot or other parcel of land which exceeds five 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 lawn approved pursuant to § 185-2 above.
C.
Nuisance 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 within the Village.
D.
Inspection. The Director of Public Works or his 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 owner, occupant or person in charge of a property shall neglect to maintain any lawns, grasses or weeds as required by Subsection C above, the Director of Public Works of the Village shall give five days' written notice by certified mail to the owner, occupant or person in charge of any lands upon which the lawns, grasses and noxious weeds shall be growing to the effect that the said Director of Public Works, after the expiration of the five-day period, will proceed to destroy or cause to be destroyed all such lawns, grasses and noxious weeds growing upon said lands and shall charge the expense of so doing, including the cost of billing and other necessary administrative expenses, at a rate established by the Village Board. 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 Clerk-Treasurer shall enter the charges in the tax roll as a special charge against said lot or parcel of land as provided under § 66.0627, Wis. Stats.
(2)
The owner, occupant or person in charge of a property found to be in violation of this section will receive one written notice per growing season. If a lot or parcel of land in violation of this section subsequently falls into further violation(s) after the initial written notice provided in Subsection E(1) above is mailed, the owner, occupant or person in charge will not be notified in writing. Instead, the Director of Public Works will destroy or cause to be destroyed all such lawns, grasses or weeds growing upon said lands and the charges, as outlined above, will be billed to the owner, occupant or person in charge.
(3)
The cost for removal of lawns, grasses and noxious weeds under this
section shall be as set forth in the Village Fee Schedule, on file
in the Village offices.
