[HISTORY: Adopted by the Common Council of the City of Hudson 8-18-2003
by Ord. No. 8-03. Amendments noted where applicable.]
All areas on any lot not used for buildings, driveways, walkways, parking
areas or other permitted improvements shall be suitably graded and drained
to comply with the City's erosion control and subdivision ordinances.
Such areas shall be either seeded or sodded as a traditional lawn in species
of grass common to western Wisconsin or suitably landscaped with plantings
and/or other decorative surface treatments so as to meet acceptable community
standards. Such area shall be maintained in a sightly and well-kept condition.
A.
No owner, lessee or occupant or agent, representative
or employee of any such owner, lessee or occupant having control of any occupied
or unoccupied lot or land, or any part thereof, in the City, except upon prior
application to and approval of a land management plan from the Department
of Community Development of the City, shall permit or maintain on any such
lot or land, or on or along the sidewalk, street or alley adjacent to the
same between the property line and the curb or middle of the alley or for
10 feet outside the property line if there be no curb, any growth of weeds,
grass, brush or other rank vegetation to a greater height than six inches
on the average or any accumulation of dead weeds, grass or brush.
B.
Also, no person shall cause or allow poison ivy, ragweed
or other poisonous plants detrimental to health to grow on any lot or land
in such manner that any part of such ivy, ragweed or other poisonous or harmful
weed shall extend upon, overhang or border any public place or allow seeds,
pollen or other poisonous particles or emanations therefrom to be carried
through the air into any public place.
C.
Plantings shall be maintained so as not to present hazards
to adjoining properties or to persons or vehicles traveling on public ways.
The owner, lessee or occupant of any lot or land shall cut and remove or cause to be cut and removed all such weeds, grass, brush or other rank, poisonous or harmful vegetation as often as may be necessary to comply with the provision of § 176-2.
A.
If the provisions of the above sections are not complied
with, the City Compliance Officer shall serve, by personal service or U.S.
mail, written notice upon the owner, lessee or occupant or any person having
care or control of any such lot or land to comply with the provisions of this
chapter. If the person upon whom the notice is served fails, neglects or refuses
to cut and remove or to cause to be cut and removed such weeds, grass, brush
or other vegetation within five days after receipt of such notice, or if no
person can be found in the City who either is or claims to be the owner of
such lot or land or who represents or claims to represent such owner, the
Compliance Officer shall cause such weeds, grass, brush and other vegetation
on such lot or land to be cut and removed and the actual cost of such cutting
and removal, plus 50% for inspection and other additional costs in the connection
therewith, shall be billed to the property owner by the City Clerk as payable
to the City, and if the property owner chooses not to pay the bill upon receipt,
pursuant to Wis. Stats. § 66.0627, the cost shall become a special
charge against the property on which such weeds, grass, brush and other vegetation
were located, shall be added to and become and form part of the taxes next
to be assessed and levied upon such lot or land, shall bear interest at the
same rate as taxes and shall be collected and enforced by the same officer
in the same manner as taxes.
B.
The City Compliance Officer shall provide one such notice
to a violating property owner per lawn mowing season. If there are subsequent
violations, the City is authorized to cut and remove the violating grass,
weeds, or brush without additional notice and bill the cost of removal as
described above to the property owner. Any amount unpaid shall be a special
charge assessed against the property as described above.
A.
Application of natural lawn. Any owner or operator of
land in the City may apply to the Department of Community Development for
approval of a land management plan for a natural lawn, one where the grasses
exceed six inches in height.
B.
Land management plan. "Land management plan" means a
written plan relating to management of the lawn, which contains a legal description
of the lawn upon which the grass or other plantings will exceed six inches
in length, a statement of intent and purpose of the lawn, a general description
of the vegetation types, plants and plant succession involved, and the specific
management and maintenance techniques to be employed.
(1)
The management plan must require the following area to
be cut at six inches or less:
(2)
All lawn or open space area shall be cut between June
30 and October 15 if the Fire Chief or Fire Inspector, in his or her discretion,
so orders, consistent with his or her powers as granted in the Hudson City
Code.
C.
Revocation of land management plan. The land management plan may be revoked for failure to comply with the requirements of Subsection B of this section. Notice of intent to revoke a land management plan shall be appealable to the Board of Appeals. All applications for appeals shall be submitted within 15 days of notice of intent to revoke a land management plan.
D.
Application requirements. Each application for a land management plan shall be on a form provided by the Department of Community Development and shall be accompanied by a fee of $35, payable to the City Clerk. The Department of Community Development shall send a copy of the application to all owners of property situated in whole or in part within 200 feet of the property for which a land management plan has been requested. If, within 15 days of receipt of a copy of the application, at least 51% of such property owners file written objections to the application with the Department of Community Development, the Director of the Department of Community Development shall refer the application to the Board of Appeals for hearing and decision, according to the provisions of Hudson City Code § 255-90.
E.
Application for appeal. The owner or operator
of land in the City may appeal from a decision of the Director of the Department
of Community Development regarding a land management plan. All appeals shall
be to the Board of Appeals of the City which shall hear such appeals. All
applications for appeals shall be submitted within 15 days of notice of denial
of the land management plan.