No person shall erect, contrive, cause, continue,
maintain or permit to exist any public nuisance within the Town.
[Amended 6-10-2013; 9-9-2019 by Ord. No. 19-001 ; 10-9-2023 by Ord. No. 2023-009]
A. Public
policy. It is hereby declared necessary in the interest of public
safety and welfare that the cutting of grass and noxious weeds be
regulated in the Town between May 1 and November 1 because of the
fire hazards that are involved and the danger to persons and property
that results therefrom.
B. Definition.
The term "noxious weeds" as used in this section includes the following
unless protected by the endangered and threatened species laws (§ 29.604,
Wis. Stats., and Administrative Rule NR27); all types of thistles;
ragweed; marijuana that is not grown or cultivated for lawful commercial
purposes: English charlock or wild mustard; field bind weed, commonly
known as "creeping jenny"; goat's beard; harmful barberry; field
dodder; Indian mustard; oxeye daisy snapdragon or butter and eggs;
poison ivy; leafy spurge; burdock; yellow rocket; quack or quitch
grass; goldenrod; and pigweed.
C. Cutting
of grass and noxious weeds.
(1) No person owning land in the Town shall permit any grass and noxious
weeds to grow to a height in excess of one foot between May 1 and
November 1 within 200 feet of any residence. It shall be the duty
of any owner to cut such grass and noxious weeds within the area herein
described and to remove such cuttings from the premises or cut them
up in such a manner as to prevent the burning thereof.
(2) In the event that such grass and noxious weeds are not cut as required
by this section, written notice thereof shall be given to the owner
by the Weed Commissioner by certified mail or personal service of
such notice directing that the grass and noxious weeds be cut within
10 days, and in the event such grass and noxious weeds are not so
cut within 10 days, the Town Board shall provide for the cutting and
removal of such grass and noxious weeds and charge the cost and expense
thereof to the owner of the premises involved. A statement of such
costs shall be mailed by the Town Clerk to the owner, and if not paid
within 30 days from the date of mailing, such costs shall be placed
upon the tax roll assessed against the real estate involved and collected
by the Town at the next succeeding tax collection. There shall only
be one notice given to the owner per year. If there are successive
violations, the Town may proceed as provided herein without any further
notice to the owner.
D. Service
by Fire Department. In the event that a fire occurs in an area where
the grass and noxious weeds have not been cut as required by this
section which requires the service of the Town Fire Department to
control the same, the owner shall be liable to the Town for all costs
and expenses incurred by such fire and shall pay the cost upon written
notice from the Town Clerk as to the amount thereof. In the event
such payment is not made within 30 days from notice of the Town Clerk,
the amount thereof shall be placed upon the tax roll and assessed
against the real estate upon which the fire occurred and collected
by the Town at the next succeeding tax collection.
No person shall store junked, discarded, unsightly
or seldom-used property which is also unsightly, including automobiles,
automobile parts, trucks, tractors, refrigerators, furnaces, washing
machines, stoves, machinery or machinery parts, wood, bricks, cement
blocks, other debris or materials which would tend to depreciate property
values in the neighborhood, except in an enclosure which screens such
property from public view or upon permit issued by the Town Board.
In addition to the penalty imposed by this chapter
for the erection, contrivance, creation, continuance, or maintenance
of a public nuisance, the cost of abating the public nuisance by the
Town shall be collected as a debt from the owner, occupant, or person
causing, permitting or maintaining the nuisance, and if notice to
abate the nuisance has been given to the owner, such cost shall be
assessed against the real estate as other special taxes.
[Added 6-9-2008]
In addition to the abatement procedures provided in this chapter, any person violating this chapter shall be subject to a penalty as provided in Chapter
1, §
1-4 of this Code.
[Added 1-10-2011]
All provisions of § 66.0413, Wis. Stats., including
any future revisions or amendments thereto, describing and defining
regulations with respect to the razing of buildings, including penalties
to be imposed and procedure for prosecution, are hereby adopted and
by reference made part of this chapter as if fully set forth herein.