[HISTORY: Adopted by the Village Board of the Village of Merton as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-2-2024 by Ord. No. 218]
[Amended 9-19-2024 by Ord. No. 219]
A. 
Nuisance and noxious weeds and other rank growth of vegetation prohibited. No person owning, occupying or controlling land within the Village shall plant or permit to grow or pollinate upon the land any noxious weeds as defined in § 66.0407, Wis. Stats., nor shall any person allow any weeds, grasses, plants or other rank vegetation to grow or pollinate on lands in the Village which he or she owns, occupies or controls so as to constitute a public nuisance as defined herein. Land containing such noxious weeds, weeds, grasses, plants or other rank vegetation is declared in a state of neglect and a public nuisance.
B. 
Destruction of noxious weeds and grasses; other prohibited weeds and grasses.
(1) 
Per § 66.0407(1)(a), Wis. Stats., all noxious weeds shall be destroyed at such time and in such manner as will effectually prevent them from maturing to the bloom or flower stage. Per § 66.0407(1)(b), Wis. Stats., and in this section, "noxious weeds" shall include but are not limited to any weeds, grasses or plant growth which, if allowed to pollinate, would cause hay fever in humans or would cause a rash through contact with the skin, any nuisance or noxious weeds listed in the Wisconsin Statutes, and the following weeds, grasses, plants and vegetation:
Cirsium arvense (Canada thistle)
Ambrosia artemisiifolia (common ragweed)
Ambrosia trifida (giant ragweed)
Euphoria esula (leafy spurge)
Arctium minus (burdock)
Convolvulus arvensis (field bindweed)
Tragopogon dubius (goat's beard)
Cirsium vulgaries (bull thistle)
Pastinaca sativa (wild parsnip)
Xanthium strumarium (cocklebur)
Rumex crispus (curled dock)
Cannabis sativa (hemp)
Alliarita petiolata (garlic mustard)
Plantago lancellata (English plantain)
Amaranthus retroflexus (pigweed)
Chenopodium album (common lambsquarters)
Ambrosia trifida (great ragweed)
Milkweed
Ragweed (all varieties)
Thistles (all varieties)
Smartweed
Dandelions (over 8 inches in height)
(2) 
Noxious grasses, as defined in this section, shall include, but are not limited to, the following:
Agrostia alba (redtop)
Dactylis glomerata (orchard grass)
Phleum pratense (timothy)
Poa pratensis (Kentucky blue grass)
Sorghum halepense (Johnsongrass)
Setaria (foxtail)
C. 
Annual notice. The Village 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 nuisance weeds and noxious weeds and all grasses, plants and other rank growth of vegetation as defined herein on lands within the Village which he owns, occupies or controls.
D. 
Enforcement. If an owner, occupant or person controlling land within the Village fails to destroy any nuisance weeds, noxious weeds, grasses, plants or other rank vegetation as required by the annual notice, the Weed Commissioner shall give five days' written notice by mail to such person that the Weed Commissioner, upon expiration of the five-day period, will abate such public nuisance by destroying or causing the destruction of all such weeds, grasses, plants and other rank vegetation growing upon said land by mowing, use of chemicals and/or by cutting. The Weed Commissioner is empowered to enter upon public or private lands for such purpose.
E. 
Costs and fees; tax on land; special charge for services. Where, due to a person's failure to comply with this section, the Weed Commissioner causes nuisance weeds, noxious weeds, weeds, grasses, plants or other rank vegetation to be destroyed, the Weed Commissioner shall report the costs thereof in writing to the Village Clerk, specifying the amount chargeable to each lot or parcel of land. Such costs shall be determined annually by the General Government and Finance Committee and shall include the cost of labor and equipment and a fee for the Weed Commissioner's services to investigate, inspect and reinspect the land. Such costs and fees (collectively, the "total charges") shall be billed to the landowner. If not paid by November 15 of the year in which billed, the total charges, together with an additional administrative fee for billing and collection equal to 10% of the total charges, shall be placed on the next succeeding tax roll as a tax on the land affected, as provided in § 66.0517(3), Wis. Stats. Such tax shall be collected in the same manner as other taxes under Chs. 74 and 75, Wis. Stats. In addition to any other method provided by law, the total charges may be imposed as a special charge for services against the land pursuant to § 66.0627, Wis. Stats. Written notice of such special charge shall be mailed to the landowner. A special charge is not payable in installments. If not paid within 30 days of the date of such notice, the special charge is delinquent and shall become a lien on the land against which it is imposed as of the date of the delinquency. A delinquent special charge shall be included in the current or next tax roll for collection and settlement under Ch. 74, Wis. Stats.
A. 
Purpose of section. The purpose of this section is to address the unique problems associated with lawns, grasses and noxious weeds in the Village that are allowed to grow to excessive length.
B. 
Findings. The Village Board finds that lawns, grasses and noxious weeds on nonagricultural lots or parcels of land, as classified under the Village zoning regulations within the Village, which exceed eight inches in height, 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; interferes with the public convenience and adversely affects property values of other land within the Village.
C. 
Excessive growth prohibited; declared nuisance. Any nonagricultural lawn, grass or weed on a lot or other parcel of land which exceeds eight inches in height is prohibited and declared to be a public nuisance, except for property located in a designated floodplain area or wetland area or where the lawn, grass or weed is part of a natural lawn approved pursuant to Article II of this chapter.
D. 
Inspection; notice of violation and intent to cut. The Weed Commissioner or his designee shall inspect or cause to be inspected all premises and places within the Village to determine whether a violation of this section exists and, if so, shall immediately cause written notice to be served upon the owner. The notice shall:
(1) 
Direct the owner to remove the violation and abate the nuisance within five days from the date of the notice;
(2) 
Advise the owner that, upon failure to abate the nuisance within the prescribed time, the Village shall abate the same and assess the cost thereof upon the property as a special charge; and
(3) 
Advise the owner of his right to request a hearing as provided in this section.
E. 
Service of notice. The notice shall be mailed or served on the owner of the lot or parcel of land or, if he is not known and there is a tenant occupying the property, then to the tenant.
F. 
Hearing. If the owner believes that his grasses or weeds are not a nuisance, he may request a hearing before the Village Board, in accordance with the following procedure:
(1) 
Filing of request. The owner shall file a request for hearing with the Village Clerk's' office within the five days set forth in the Weed Commissioner's notice.
(2) 
Deposit required; disposition. The application for hearing shall be accompanied by a deposit in the amount of $25. 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.
(3) 
Time within which hearing to be held. 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 before the hearing is held by the Village Board.
(4) 
Conduct of hearing. At the hearing the owner may appear in person or by his attorney, may present witnesses in his own behalf and may cross-examine witnesses presented by the Village as well as subpoena witnesses for his own case.
G. 
Board findings and final determination. 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 does exist, the Village Board shall order the Weed Commissioner to mow the property in question unless the property has been mowed by the owner within 48 hours of the Village Board's decision. If the owner does not abate the nuisance within the described 48 hours, the Weed Commissioner shall cause the same nuisance to be abated and costs in excess of the forfeited fee assessed accordingly.
H. 
Failure of owner to abate nuisance. In any case where the owner, occupant or person in charge of the property shall fail to cut his lawn, grass or weeds as required herein, then and in that event the Village may elect to cut or cause to be cut all grass and weeds from the subject's property and charge the expenses of so doing at a rate as established by the Village Board, with a minimum charge of $50.
I. 
Statement of costs; costs assessed as special tax on property. The charges shall be set forth in a statement to the Village Clerk who, in turn, shall mail the same to the owner, occupant or person in charge of the subject premises. If the statement is not paid in full within 30 days thereafter, the Village Clerk shall enter the charges in the tax roll as a special tax against the 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.
[Adopted at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
NATURAL LAWN
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.
NATURAL LAWN MANAGEMENT PLAN
A written plan relating to the management and maintenance of a lawn containing a legal description of lawn upon which the planted grass will exceed eight inches in length; a statement of intent and purpose for the lawn; a detailed description of the vegetation types, plants and plant succession involved, and the specific management and maintenance techniques to be employed.
PROPERTY OWNER
Includes the legal title holder or the beneficial owner of any the lot according to most current Village records.
The growth of a natural lawn in excess of eight 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 pursuant to this article.
Property owners who wish to plant and cultivate a natural lawn must submit their written plan and related information to the Village. Natural lawn management plans shall only indicate the planting and cultivating of natural lawns on property legally owned by the property owner.
A. 
Application. Property owners seeking to establish a natural lawn shall file an application for a permit with the Village Clerk. The completed application shall include a natural lawn management plan together with a permit fee in the amount provided in the Village Fee Schedule.
B. 
Notice to adjacent landowners; denial of application upon objection of majority. The Village shall mail copies of the application to each of the owners of record, as listed in the office of the Village Assessor, of 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 Village Clerk receives written objections from 51% or more of the neighboring property owners, the Village Clerk shall deny the application.
C. 
Issuance of permit; term; renewal. If the property owner's application is in full compliance with the requirements of this article and less than 51% of the neighboring property owners provide written objections, the Village Clerk shall issue a permit for installation of the natural lawn. The permit shall be valid for two years. Permit renewals shall require new application to be processed in the same manner as original applications.
D. 
Revocation. The Village President, upon the recommendation of the Weed Commissioner, may revoke an approved natural lawn management plan permit if the owner fails to maintain the natural lawn or to otherwise comply with the provisions of this article.
E. 
Appeal of denial of permit. The property owner may appeal the decision to deny the natural lawn permit (original or renewal) application to the Village Board at an open meeting. All applications for appeal shall be submitted within 15 calendar days of the notice of denial. The decision rendered by the Village Board shall be final and binding.
F. 
Appeal of notice of intent to revoke. The property owner may appeal the Village President's notice of intent to revoke to the Village Board. Applications for appeal shall be submitted within 15 calendar days of receipt of the written notice of intent to revoke. Failure to file an application for appeal within the required time period shall result in the revocation of the 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.
A. 
Natural lawns 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. The waiver shall be affixed to the lawn management plan.
B. 
By providing written notice to the permittee and the Village Clerk, the abutting property owner extending the waiver and, if the property is sold, the subsequent property owner 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.
C. 
Upon receiving the written revocation of waiver, the Village Board 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 and shall revise the approved permit accordingly.
D. 
The owner of the approved natural lawn shall remove the ten-foot lawn section abutting the neighboring property within 20 days of receipt of the written notification from the Village, provided the notification is received 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.
When in the opinion of the Fire Chief of the department serving the Village the presence of a natural lawn may constitute a fire or safety hazard due to weather 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.
A. 
The growth of a natural lawn is deemed a public nuisance unless a natural lawn management plan has been filed and a permit issued by the Village as required in this article. Violators shall be served with a notice of public nuisance by certified mail to the last-known mailing address of the property owner.
B. 
If the person so served with a notice of public nuisance violation does not abate the nuisance within 10 days, the Village may proceed to abate the nuisance, keeping an account of the expense of the abatement, and the expense shall be charged to and paid by the property owner.
C. 
Notice of the costs of abatement shall be mailed to the owner of the premises and shall be payable within 10 calendar days from receipt thereof. Within 60 days after the costs and expenses are incurred and remain unpaid, the Village Clerk shall enter those charges onto the tax roll as a special tax as provided by state law.
D. 
The failure of the Village Clerk to record the claim or to mail the notice or the failure of the owner to receive the 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.