[HISTORY: Adopted by the Village Board of the Village of Sullivan 8-22-2006 (Title 8, Ch. 1, of the 2006 Code of Ordinances). Amendments noted where applicable.]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
The Village Board may make reasonable and general rules for the enforcement of the provisions of this chapter and for the prevention of the creation of health nuisances and the protection of the public health and welfare and may, where appropriate, require the issuance of licenses and permits. All such regulations shall have the same effect as ordinances, and any person violating any of such regulations and any lawful order of the Board shall be subject to the general penalty provided for in Chapter 1, General Provisions, Article, II, General Penalty, of this Code.[1]
[1]
Editor's Note: Original Sec. 8-1-2, Health nuisances, abatement of, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. III); see now §§ 327-3 and 327-7.
No person shall deposit or cause to be deposited in any public street or on any public ground or on any private property not his/her own any refuse, garbage, litter, waste material or liquid or any other objectionable material or liquid. When any such material is placed on the person's own private property, it shall be properly enclosed and covered so as to prevent the same from becoming a public nuisance.
A. 
The Village Clerk-Treasurer shall annually on or before May 15 publish, as required by state law, a notice that every person is required by law to destroy all noxious weeds on lands in the Village which he/she owns, occupies or controls. A joint notice with other towns or municipalities may be utilized.
B. 
If the owner or occupant shall neglect to destroy any weeds as required by such notice, then the Director of Public Works of the Village shall give five days' written notice by mail to the owner or occupant of any lands upon which the weeds shall be growing to the effect that the said 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 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 Director of Public Works 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 Village shall require that all noxious weeds shall be destroyed prior to the time in which such plants would mature to the bloom or flower state. The growth of noxious weeds in excess of eight inches in height from the ground surface shall be prohibited within the Village of Sullivan 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 described in this section and in § 285-5, shall include but not be limited to the following:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
(a) 
Cirsium arvense (Canada thistle).
(b) 
Ambrosia artemisiifolia (common ragweed).
(c) 
Ambrosia trifida (great ragweed).
(d) 
Euphorbia esula (leafy spurge).
(e) 
Convolvulus arvensis (creeping jenny; field bindweed).
(f) 
Tragopogon dubius (goat's beard).
(g) 
Rhus radicans (poison ivy).
(h) 
Cirsium vulgaries (bull thistle).
(i) 
Pastinaca sativa (wild parsnip).
(j) 
Arctium minus (burdock).
(k) 
Xanthium strumarium (cocklebur).
(l) 
Amaranthus retroflexus (pigweed).
(m) 
Chenopodium album (common lambsquarter).
(n) 
Rumex crispus (curled dock).
(o) 
Cannabis sativa (hemp).
(p) 
Plantago lancellata (English plantain).
(2) 
Noxious grasses, as defined in this section and in § 285-5, shall include but not be limited to the following:
(a) 
Agrostia alba (redtop).
(b) 
Sorghum halepense (Johnson).
(c) 
Setaria (foxtail).
(3) 
Noxious weeds are also the following plants and other rank growth:
(a) 
Ragweed.
(b) 
Thistles.
(c) 
Smartweed.
(d) 
Dandelions (over 10 inches in height)
A. 
Natural lawns defined. As used in this section, the following terms shall have the meanings indicated:
NATURAL LANDSCAPE
Includes 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 § 285-3 of this chapter. The growth of natural landscaping in excess of eight inches in height from the ground surface shall be prohibited within the Village of Sullivan corporate limits unless a natural landscape management plan is approved and a natural landscape permit is issued by the Village as set forth in this section. Natural landscaping shall not contain litter or debris and shall not harbor undesirable wildlife, vermin or pests.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
B. 
Natural landscape management plan defined.
(1) 
"Natural landscape management plan," as used in this section, shall mean 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 eight inches, 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
(2) 
Property owners; natural landscapes on public property.
(a) 
Property owners who wish to plant and cultivate a natural landscape must submit their written plan and related information to 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 landscape management plans shall only indicate the planting and cultivating of natural landscapes on property legally owned by the property owner.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
(b) 
Applicants are strictly prohibited from developing a natural landscape 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.
(3) 
Natural landscapes shall not be permitted within five feet of the side or rear setback to an abutting property owner's land 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 filed with the Village Clerk-Treasurer. 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 Clerk-Treasurer.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
(4) 
All drainage swales shall be free of plantings and maintained in accordance with § 285-3 above. In addition, a 5% area exclusive of the setback area shall be left open for maintained paths. The setback area shall have a height of no more than eight inches, excluding trees and shrubs.
(5) 
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 lawn that is located in the five-foot section abutting the neighboring property owner. Such revocation shall be put in writing and presented to the Clerk-Treasurer by the subsequent abutting property owner. Upon receiving the written request to revoke the original waiver, the Village Board shall contact the owner of the approved natural landscape and direct the owner to remove the natural landscape located in the ten-foot section abutting the neighboring property owner. The Village Board shall revise the approved natural landscape permit accordingly. The owner of the approved landscape lawn 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 Village, provided the notification is received sometime between May 1 and November 1. Property owners who receive notification from the Village between November 1 and April 30 shall be required to remove the ten-foot section abutting the neighboring property owner no later than May 20 following receipt of the notification.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
C. 
Application process.
(1) 
Property owners interested in applying for permission to establish a natural landscape shall file an application with the Clerk-Treasurer. The completed application shall include a natural landscape management plan. Upon submitting a completed application, a fee as prescribed in the current Village Fee Schedule[1] 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 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.
[1]
Editor's Note: See also Ch. 250, Fees.
(2) 
If the property owner's application is in full compliance with the natural landscape management plan requirements and less than 51% of the neighboring property owners provide written objections, the Village Board may issue permission to install a natural landscape. Such natural landscape permit shall be valid for two years. Permit renewals shall follow the procedures in this section.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
D. 
Application for appeal. The property owner may appeal the Clerk-Treasurer's decision to deny the natural landscape 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 landscape management plan. The decision rendered by the Village Board shall be final and binding.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
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
Goatsbeard (oyster plant, salsify)
Tragopogon porrifolius
Leafy spurge
Euphorbia esula
Marijuana
Cannabis sativa
Nettle
Urtica dioica
Oxeye daisy
Chrysanthemum leucanthemu
Pigweed (lambs quarters)
Chenopodium album
Pigweed (amaranth)
Amaranthus retroflexus
Poison ivy
Rhus radicans
Quackgrass
Bromus brizaeformis
Ragweed (common)
Ambrosia artemisifoia
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; winter cress)
Barbarea vulgaris
Japanese bamboo
Wild mustard
F. 
Safety precautions for natural grass areas.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
(1) 
When, in the opinion of the Fire Chief of the Department serving the Village of Sullivan, 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 lawn 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 Village 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 insure 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 insuring the public safety. In addition, the property owner requesting permission to burn the natural landscapes 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.
G. 
Revocation of an approved natural landscape permit. The Director of Public Works , Building Inspector, Clerk-Treasurer or law enforcement officer 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 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 landscape management plan. Failure to file an application for appeal within the 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 Village Board in an open meeting. The decision rendered by the Village Board shall be final and binding.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
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 natural landscape 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
(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 Clerk-Treasurer shall enter those charges onto the tax roll as a special tax as provided by state statute.
(3) 
The failure of the 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.
I. 
Enforcement.
(1) 
Any person, firm or corporation which does not abate the nuisance within the required time period or who otherwise violates the provisions of this section shall be subject to the general penalty found in Chapter 1, General Provisions, Article II, 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 natural landscape permit for any violation of this section.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
A. 
Purpose.
(1) 
General intent. This section is adopted due to the unique nature of the problems associated with lawns, grasses and noxious weeds being allowed to grow to excessive length in the Village of Sullivan. Except as provided in § 285-4, the owner or occupant of any lot or parcel in the Village which is three acres or less in area shall install and maintain landscaping, plantings and other decorative surface treatments, including turf grass, so as to present an attractive appearance in all yard areas in accordance with generally accepted landscaping practices in Wisconsin. Lawns shall be maintained to a height not to exceed eight inches. Plantings shall be maintained so as not to present hazards to adjoining properties or to persons or vehicles traveling on public ways and shall be maintained so as to enhance the appearance and value of the property on which located and thereby the appearance and value of the neighborhood and the Village of Sullivan.
(2) 
Definitions. The following terms, as used in this section and § 285-4, are defined as follows:
NATURAL LAWN
Any land managed to preserve or restore native Wisconsin grasses and forbs, native trees, shrubs, wildflowers and aquatic plants.
TURF GRASS
Grass commonly used in regularly cut lawns or play areas such as, but not limited to, bluegrass, fescue and rye grass blends.
B. 
Public nuisance declared. The Village Board finds that lawns, grasses and noxious weeds on nonagricultural lots or parcels of land three acres or under, as classified under Chapter 485, Zoning, within the Village of Sullivan which exceed eight inches in length adversely affect the public health and safety of the public in that they tend to emit pollen and other discomforting bits of plants, constitute a fire hazard and a safety hazard in that debris can be hidden in the grass, interfere with the public convenience and adversely affect property values of other land within the Village. For that reason, any nonagricultural lawn, grass or weed on a lot or other parcel of land three acres or under in size which exceeds eight 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 § 285-4 above.
C. 
Nuisances prohibited. No person, firm or corporation shall permit any public nuisance as defined in Subsection A or B above to remain on any premises owned or controlled by him/her within the Village.
D. 
Inspection. The Director of Public Works or his/her designee shall inspect or cause to be inspected all premises and places within the Village to determine whether any public nuisance as defined in Subsection A or B above exists.
E. 
Abatement of nuisance.
(1) 
If the Director of Public Works shall determine with reasonable certainty that any public nuisance as defined in Subsection A or B above exists, the Director of Public Works shall immediately cause written notice to be served that the Village proposes to have the lot grass or lawn cut so as to conform with this section and § 285-4.
(2) 
The notice shall be mailed or served on the owner of the lot or parcel of land or, if he/she is not known and there is a tenant occupying the property, then to the tenant.
F. 
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 Village Board. The request for said hearing must be made in writing to the Village Clerk-Treasurer's office within the five days set forth in the Director of Public Works's notice. Upon application for the hearing, the property owner must make a deposit as prescribed in the current Village Fee Schedule.[1] If a decision is rendered in the property owner's favor, the deposit 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 Village personnel abating the nuisance, if necessary. When a hearing is requested by the owner of the property, a hearing by the Village Board shall be held within seven days from the date of the owner's request. The property in question will not be mowed by the Village until such time as the hearing is held by the Village Board. At the hearing, the owner may appear in person or by his/her attorney, may present witnesses in his/her own behalf and may cross-examine witnesses presented by the Village as well as subpoena witnesses for his/her own case. At the close of the hearing, the Village Board shall make its determination in writing specifying its findings, facts, and conclusions. If the Village Board determines that a public nuisance did exist, the Village Board shall order the Director of Public Works to mow the property in question unless the property has been mowed by the owner within 48 hours of the Village Board's decision. If the owner does not abate the nuisance within the described 48 hours, the Director of Public Works shall cause the same nuisance to be abated and cost in excess of the forfeited fee assessed accordingly.
[1]
Editor's Note: See also Ch. 250, Fees.
G. 
Village's option to abate nuisance. In any case where the owner, occupant or person in charge of the property shall fail to cut his/her lawn, grass or weeds as set forth above, then, and in that event, the Village may elect to cut said lawn, grass or weeds as follows:
(1) 
The written notice required in Subsection E shall inform said person that in the event of his/her failure to abate the nuisance within the prescribed time, the Village shall abate the same and the cost thereof shall be assessed to the property owner as a special charge.
(2) 
The Village shall cut or cause to be cut all grass and weeds from the subject's property and shall charge the expenses of so doing at a rate as established by the Village Board, with a minimum charge of $50. The charges shall be set forth in a statement to the Village Clerk-Treasurer who, in turn, shall mail the same to the owner, occupant or person in charge of the subject premises. If said statement is not paid in full within 30 days thereafter, the Village Clerk-Treasurer shall enter the charges in the tax roll as a special tax against said lot or parcel of land, and the same shall be collected in all respects like other taxes upon real estate, or as provided under § 66.0627, Wis. Stats.[2]
[2]
Editor's Note: Original Sec. 8-1-7, Compulsory connection to Village sewer and water system, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. III); see now Ch. 374, Sewer Utility.
A. 
Inspections.
(1) 
Whenever the Building Inspector, Fire Inspector or other authorized Village official shall, upon inspection of any premises within the Village of Sullivan, find that there is deposited, placed, stored or remaining on said premises any garbage, junk, rubbish, rubble, trash, abandoned, construction materials, rotting yard and orchard waste, merchandise or parts, 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 thing which creates a fire or health hazard, or which is detrimental to the appearance, neatness and cleanliness of the immediate neighborhood or the Village of Sullivan 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 the Village Code.
B. 
Appeal. Any person feeling himself/herself aggrieved by any order of a Village official under this section may, within 10 days from the date of receipt of such order, appeal such order to the Village Board.
C. 
Exceptions. Nothing contained in this section shall be construed to prohibit the depositing of rubbish, rubble, junk, trash, abandoned, outmoded or nonsalable merchandise or parts or unsightly materials or things which are:
(1) 
Lawfully sited pursuant to Chapter 485, Zoning, and operated in a manner not constituting a nuisance; or
(2) 
Temporarily deposited due to an emergency; or
(3) 
Materials during construction; or
(4) 
Collected and piled for immediate pickup and disposal by the Village or by private means.
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 485, 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. 
Definitions. The following definitions shall be applicable in this section:
HARDWARE CLOTH
Wire screening of such thickness and spacing as to afford reasonable protection against the entrance of rodents.
OWNER or MANAGER
Whenever any person or persons shall be in actual possession of or have charge, care or control of any property within the Village, as executor, administrator, trustee, guardian or agent, such person or persons shall be deemed and taken to be the owner or owners of such property within the true intent and meaning of this section and shall be bound to comply with the provisions of this section to the same extent as the owner, and notice to any such person of any order or decision of the Building Inspector or his/her designee shall be deemed and taken to be a good and sufficient notice, as if such person or persons were actually the owner or owners of such property, except that whenever an entire premises or building is occupied as a place of business, such as a store, factory, warehouse, rooming house, junkyard, lumberyard 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.
RODENT HARBORAGE
Any place where rodents can live and nest without fear of frequent molestation or disturbance.
RODENTPROOF CONTAINER
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.
RODENTPROOFING
Shall consist of closing openings in building foundations and openings under and around doors, windows, vents and other places which could provide means of entry for rodents with concrete, sheet iron, hardware cloth or other types of rodentproofing material approved by the Village.
B. 
Elimination of rodent harborages. Whenever accumulations of rubbish, boxes, lumber, scrap metal, car bodies or any other materials provide rodent harborage, the person, firm or corporation owning or in control of such materials shall cause the materials to be removed or the materials shall be stored so as to eliminate the rodent harborage. Lumber boxes and similar materials shall be neatly piled. These piles shall be raised at least one 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 rodentproof containers. Feed for birds shall be placed on raised platforms or such feed shall be placed where it is not accessible to rodents.
D. 
Extermination. Whenever rodent holes, burrows or other evidence of rodent infestation are found on any premises or in any building within the Village, it shall be the duty of the owner or manager of such property to exterminate the rodents or to cause the rodents to be exterminated. Within 10 days after extermination, the owner or manager shall cause all of the rodent holes or burrows in the ground to be filled with earth or other suitable material.
E. 
Rodentproofing. It shall be the duty of the owner or manager of any building in the Village of Sullivan to make such building reasonably rodentproof, to replace broken basement windows and, when necessary, to cover the basement window openings with hardware cloth or other suitable material for preventing rodents from entering the building through such window openings.
A. 
Purpose and intent. The purpose of this section is to promote the recycling of yard wastes and certain kitchen wastes through composting and to establish minimum standards for proper compost maintenance.
B. 
Definitions. "Compost" shall mean the organic waste produced from the growing, trimming, and removal of grass, branches (not exceeding one inch in diameter), bushes, shrubs, plants, leaves and garden debris. "Kitchen waste" shall be any uncooked plant matter not contaminated by or containing meat, fish and/or dairy products.
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 Village to proceed under § 285-7.
(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 Village in general.
(5) 
Bin 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 485, Zoning. A compost bin may be located in a side yard as defined in Chapter 485, Zoning, subject to the annual variance procedure contained in Subsection C(5)(b) and must be screened from view to the street.
(7) 
Those composting bins which existed prior to the adoption of this section shall be given one year to comply with the requirements set forth herein.
D. 
Ingredients.
(1) 
No compost bin shall contain any of the following:
(a) 
Lakeweeds;
(b) 
Cooked food scraps of any kind or type;
(c) 
Fish, meat or other animal products;
(d) 
Manures;
(e) 
Large items that will impede the composting process.
(2) 
Permitted ingredients in a compost bin shall include the following:
(a) 
Yard waste;
(b) 
Coffee grounds and used tea leaves;
(c) 
Uncooked plant matter not contaminated by or containing meat, fish, and/or dairy products;
(d) 
Commercial compost additives.
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 Village shall be exempt from the provisions of this section.[1]
[1]
Editor's Note: Original Sec. 8-1-11, Discharge of clear waters, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
A. 
No person shall open or disturb any refuse bag or container in a manner that would cause or contribute to litter.
B. 
No person shall scavenge or remove refuse, recyclables or other items placed for collection and/or disposal without the prior express authorization of the party placing such items for collection/disposal.[1]
[1]
Editor's Note: Original Sec. 8-1-13, Fencing of anhydrous ammonia tanks, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
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 Village of Sullivan, except that a resident of the Village of Sullivan, 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 who violates this section shall be subject to the general forfeiture provisions of Chapter 1, General Provisions, Article II, General Penalty, of the Village Code.. In addition, said person, firm or corporation shall be required to remove any animal or animal carcass buried in violation of this section.
A. 
Statement of purpose. The Village Board 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 rainspout 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) 
Requirement for 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 Village 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 Village, the discharge pipe may be connected directly to the Village of Sullivan's underground storm sewer system, provided the discharge is at a higher elevation than the normal flow level and than 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 Village, the sump pump shall discharge to grade and must satisfy all of the following provisions, unless otherwise authorized by the Director of Public Works, Village Engineer or Building Inspector:
[1] 
The discharge pipe shall exit the building at one foot above finished grade.
[2] 
The point of discharge shall be a minimum of two feet from a basement foundation wall and 10 feet from a property line.
[3] 
The discharge shall flow parallel to or away from the nearest property line and comply with the restrictions of Subsection C(2)(c) above.
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 Village of Sullivan 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 Village pursuant to this section or any other ordinance of the Village of Sullivan. If a Village storm sewer system or Village 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 Village) 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, Village 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, Village Engineer or Building Inspector.
(2) 
Inspections.
(a) 
Within 30 days after notice from the Village of Sullivan, the property owner shall contact the Village to schedule an inspection by a Village 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 discharge into the public sewerage system. In lieu of having the Village 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 Village, certifying that the property is in compliance with this section.
(b) 
The Village may periodically reinspect any building or premise 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) 
Waiver.
(a) 
The Director of Public Works, Village 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 Village, 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, Village 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, Village 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) 
Penalty for noncompliance.
(a) 
A penalty surcharge of $300 per month shall be imposed on every sewer service bill to a property owner who:
[1] 
Is not in compliance with this section;
[2] 
Has not obtained an inspection required by this section or refuses property inspections required under this section;
[3] 
Has not made necessary corrections within the time specified; or
[4] 
Is otherwise not in compliance with this section.
(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 Village that the property has been brought into full compliance, with verification by Village 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 Village reserves the right to assess the property the unpaid balance as a special charge under the Wisconsin Statutes.
(c) 
In addition to the penalty surcharge, a citation may also be issued for violations, with all court costs payable by the property owner.