[HISTORY: Adopted by the Village Board of
the Village of Johnson Creek 8-2-2001 by Ord. No. 19-01. Amendments
noted where applicable.]
As provided for in § 66.0407(1)(a),
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 corporate limits. Noxious weeds shall include any
weed, grass or similar plant growth that, if allowed to pollinate,
would cause or produce hay fever in human beings or would cause a
skin rash through contact with the skin.
A.
Noxious weeds, as defined in this section, 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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Convolvulus arvensis (Creeping Jenny) (Field
Bind Weed)
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Tragopogon dubius (Goat's Beard)
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Rhus radicans (Poison Ivy)
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Cirsium vulgaries (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 Lambsquarter)
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Rumex Crispus (Curled Dock)
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Cannabis sativa (Hemp)
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Plantago lancellata (English Plantain)
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B.
Noxious grasses, as defined in this section, shall
include but not be limited to the following:
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Agrostia alba (Redtop)
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Dactylis glomerata (Orchard)
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Phleum pratensis (Timothy)
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Poa pratensis (Kentucky Blue)
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Sorghum halepense (Johnson)
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Setaria (Foxtail)
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C.
Noxious weeds are also the following plants and other
rank growth:
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Ragweed
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Thistles
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Smartweed
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Dandelions (over 10 inches in height)
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Milkweed (over 10 inches in height)
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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 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 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 that 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 or it within the Village.
D.
Inspection. The Weed Commissioner or his or 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 B above exists.
[Amended 7-8-2003 by Ord. No. 20-03]
E.
Abatement of nuisance. If the Weed Commissioner shall determine with reasonable certainty that any public nuisance as defined in Subsection B above exists, he or she shall immediately cause written notice to be mailed or served on the owner of the lot or parcel of land, or, if he or she is not known and there is a tenant occupying the property, then on the tenant, that the Village proposes to have the lot grass or lawn cut within seven days so as to conform to this section. Notice of compliance of this chapter shall be published annually with written notice of public nuisance to the property owner or tenant for all first-time violations within a growing season; subsequent violations will not be provided notice of abatement.
[Amended 7-8-2003 by Ord. No. 20-03; 6-14-2010 by Ord. No. 09-10]
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 or her lawn, grass or weeds as set forth above, then 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 or 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 provided in Chapter 33, Fees. 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 20 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.
[Amended 7-8-2003 by Ord. No. 20-03]
