[HISTORY: Adopted by the Village Board of
the Village of Webster 3-13-1986 as Secs. 6-1-3 and 6-1-4 of the 1986 Code. Amendments noted
where applicable.]
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 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 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 said Weed Commissioner, after the expiration of five
days' 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 with 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.
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.
D.
Noxious weeds, as defined in this section and in § 109-2, shall include but not be limited to the following:
(1)
Cirsium arvense (Canada thistle).
(2)
Ambrosia artemisiifolia (common ragweed).
(3)
Ambrosia trifida (great ragweed).
(4)
Euphorbia esula (leafy spurge).
(5)
Convolvulus arvensis (creeping jenny) (field bind
weed).
(6)
Tragopogon dubius (goat's beard).
(7)
Rhus radicans (poison ivy).
(8)
Cirsium vulgaries (bull thistle).
(9)
Pastinaca sativa (wild parsnip).
(10)
Arctium minus (burdock).
(11)
Xanthium strumarium (cocklebur).
(12)
Amaranthus retroflexus (pigweed).
(13)
Chenopodium album (common lambsquarter).
(14)
Rumex crispus (curled dock).
(15)
Cannabis sativa (hemp).
(16)
Plantago lancellata (English plantain).
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 of
Webster.
B.
Public nuisance declared. The Village Board finds
that lawns, grasses and noxious weeds on lots or parcels of land 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 discomfiting
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 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.
C.
Nuisances prohibited. No person, firm or corporation shall permit any public nuisance as defined in Subsection B above to remain on any premises owned or controlled by him within the Village.
D.
Inspection. The Weed Commissioner 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.
[Amended 11-13-2013 by Ord. No. 1-2013]
(1)
If the Police Department official determines with reasonable certainty that any public nuisance as defined in Subsection B above exists, which in turn will hand deliver written warning to the property owner, or tenant if the owner is unknown, to have the lot grass or lawn cut so as to conform with this section. If the property owner is from out of town, the Police Department official will place a phone call to the owner. The property owner will have three days to comply. If not compliant within three days, the Police Department official will issue a citation for noncompliance.
[Amended 5-9-2018 by Ord. No.
2018-03]
(2)
The notice shall be served at least three days prior to the cutting
of the lawn.
[Amended 5-9-2018 by Ord. No.
2018-03]
(3)
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 Zoning Board of Appeals. The request for said hearing must
be made in writing to the Village Clerk’s office within the
five-day period that the notice was sent. Upon application for the
hearing, the property owner must deposit a bond of $25. If a decision
is rendered in the property owner’s favor, the $25 will be returned
to the property owner. If the property owner fails to appear for the
hearing or if the decision is rendered against the property owner,
the deposit shall be forfeited and applied to the cost of Village
personnel abating the nuisance, if necessary. The property in question
will not be mowed by the Village or its designee until such time as
the hearing is held by the Zoning Board of Appeals. 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 Board of Appeals shall make its determination
in writing, specifying its findings, facts, and conclusions. If the
Zoning Board of Appeals determines that a public nuisance did exist,
the Zoning Board of Appeals shall order the Village or a person or
company designated by the Village to mow the property in question
unless the property has been mowed by the owner within 48 hours of
the Zoning Board of Appeals’ 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.
F.
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 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:
[Amended 11-13-2013 by Ord. No. 1-2013]
(1)
The written notice required in Subsection E(1) 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. In addition, the Village may also cause a citation to be issued for failure to comply with this section.
G.
Definition. For purposes of this section, “Village official”
shall mean any member of the Police Department, Public Works Department
or elected official or Weed Commissioner of the Village of Webster.
[Added 11-13-2013 by Ord. No. 1-2013]
