[HISTORY: Adopted by the Common Council of
the City of Jefferson as indicated in article histories. Amendments
noted where applicable.]
[Adopted 8-6-2002 by Ord. No. 7-02 as
§ 10.07 of the 2002 Code]
Section 342.40, Wis. Stats., is hereby adopted
by reference and incorporated herein. A vehicle shall be deemed abandoned
under such section after the expiration of 48 hours. The Chief of
Police or his designee is authorized to enforce this section.
No disassembled, inoperable, unlicensed, junked
or wrecked motor vehicles, truck bodies, tractors, trailers, farm
machinery, unattached parts of the foregoing or appliances shall be
stored unenclosed outside a building upon private property within
the City for a period exceeding 10 days, unless the property is stored
in connection with an authorized business enterprise located in a
properly zoned area and maintained in such a manner as to not constitute
a public nuisance.
The following words and phrases have the meanings
indicated:[1]
Defined as set forth in § 340.01(35), Wis. Stats.
Includes, without limitation by enumeration, cardboard boxes
and furniture designed for indoor use.
Motor vehicles, truck bodies, tractors, recreational vehicles,
mobile homes or trailers required by law to bear a licenses plate
which do not bear lawful current license plates.
[1]
Editor's Note: The former definitions of "disassembled,
inoperable, junked or wrecked appliance" and "disassembled, inoperable,
junked or wrecked motor vehicles, truck bodies, tractors or trailers,"
which immediately followed, were repealed 9-18-2007 by Ord. No. 14-07.
[Amended 10-18-2005 by Ord. No. 17-05]
This article shall not apply to motor vehicles
registered pursuant to §§ 341.265 and 341.266, Wis.
Stats., and parts thereof, if such vehicles and parts are stored out
of public view. Seasonal use vehicles, such as snowmobiles, motorcycles,
mopeds and nonmotorized campers, are excepted herefrom if operational
and properly licensed.
It is not intended by this article to repeal,
abrogate or annul any other section of this Code. However, where this
article imposes greater restrictions, the provisions of this article
shall govern.
A.
The Chief of Police shall give notice by certified
mail, return receipt requested, to the occupant and the owner of any
premises where property is stored in violation of this article. If
the property is not removed within seven days, any City police officer
may issue a citation to the occupant of the premises upon which the
property is stored.
B.
If such property is not removed within 20 days after
expiration of the time for removal given in the notice, the Chief
of Police may cause the property to be removed and impounded. Disposal
shall be in the same manner as provided by § 342.40, Wis.
Stats., for abandoned vehicles. If the costs of removal and impoundment
are not paid by the tenant or owner or through sale of the property,
any balance due shall be placed on the next tax roll as a special
charge against the real estate from which the property was removed.
C.
A notice to remove property issued by the Police Chief
may be appealed by any aggrieved party who may file a written notice
of appeal at the Police Department prior to the expiration of the
time for compliance as directed by the Police Chief's letter, stating
the error alleged in the initial decision and the name, address and
phone number of the person filing the appeal. The appeal shall be
heard by the Regulatory Committee. Property shall not be removed until
the appeal process is completed and then only if the decision of Police
Chief is upheld and the appellant has been notified of the appeal
decision. In the event the decision is upheld, any applicable forfeiture
shall not be tolled during the appeal time.
[Adopted 2-1-2005 by Ord. No. 1-05]
"Natural landscape" as used in this article shall include common species of grass and wildflowers native to Wisconsin and/or ornamental plantings, which are designed and purposely cultivated to exceed eight inches in height. Specifically excluded in natural landscapes are the noxious grasses and weeds identified in this article and in Chapter 197, Nuisances, § 197-6F of this Code. The growth of natural landscapes in excess of eight inches in height shall be prohibited within the City, unless a natural landscape management plan is approved and a permit is issued by the City as set forth in this article.
A.
"Natural landscape management plan" as used in this
article shall mean a written plan relating to the management and maintenance
of a landscape which meets the following requirements:
(1)
Proposed natural landscape is being requested.
(2)
A statement of intent and purpose for the landscape.
(3)
A detailed description of the types of plants and
plant succession involved.
(4)
Specific management and maintenance techniques to
be employed.
(5)
Proposed landscaping is to be confined to property
owned by the applicant according to current City Assessor's records.
(6)
Natural landscaping on any City-owned property within
any street right-of-way is strictly prohibited. This shall include
the property between the sidewalk and street and not less than 10
feet adjacent to the street where there is no sidewalk.
(7)
Natural landscapes shall not be permitted within three
feet of the abutting property unless waived in writing by the abutting
property owner on the side or sides affected. Such waiver shall be
affixed to the landscape management plan.
(8)
The property owner shall submit to the Plan Commission
a drawing, plot plan and/or survey which will show the location of
the natural landscape area on the applicant's property.
(9)
In addition to those identified in Chapter 197, Nuisances, § 197-6F of this Code, the following noxious grasses or weeds will not be allowed in a natural landscape area:
|
Common Name(s)
|
Latin Name(s)
| |
|---|---|---|
|
Buckthorn
|
Rhamnus Cathartica
| |
|
Rhamnus Frangula
| ||
|
Burdock (Yellowdock)
|
Artium Lappa
| |
|
Field Bindweed (Wild Morning Glory)
|
Convolvulus Arvensis
| |
|
Garlic Mustard
|
Alliaria Petiolata
| |
|
Goatsbeard (Oyster Plant, Salsify)
|
Tragopogon Porrifolius
| |
|
Leafy Spurge
|
Euphorbia Esula
| |
|
Marijuana
|
Cannabis Sativa
| |
|
Nettle
|
Urtica Dioica
| |
|
Oxeye Daisy
|
Chrysanthemum Leucanthemu
| |
|
Pigweed (Lambs Quarters)
|
Chenopodium Album
| |
|
Pigweed (Amaranth)
|
Amaranthus Retroflexus
| |
|
Poison Ivy
|
Rhus Radicans
| |
|
Purple Loosestrife
|
Lythrum Salicaria
| |
|
Quackgrass
|
Bromus Brizaeformis
| |
|
Ragweed (Common)
|
Ambrosia Artemisifolia
| |
|
Ragweed (Great)
|
Ambrosia Trifida
| |
|
Spotted Knapweed
|
Centaurea Maculosa
| |
|
Thistle Bull
|
Cirsium Vulgare
| |
|
Thistle Canada
|
Cirsium Arbense
| |
|
Thistle Musk or Nodding
|
Carduus Nutans
| |
|
Thistle Star (Caltrops)
|
Centaurea Calicitrapa
| |
|
Thistle Sow (Field)
|
Sonchus Arvensis
| |
|
Thistle Sow (Common)
|
Sonchus Oleraceus
| |
|
Thistle Sow (Spiny Leaved)
|
Sonchus Asper
| |
|
Sweet Clover (Yellow)
|
Melilotus Officinalis
| |
|
Sweet Clover (White)
|
Melilotus Alba
| |
|
Yellow Mustard (Yellow Rocket Winter Cress)
|
Barbarea Vulgaris
| |
|
Japanese Bamboo
| ||
|
Wild Mustard
|
B.
Property owners who currently have natural landscapes
must file for a permit and submit a plan as to be covered by this
article.
C.
Natural landscapes may constitute a fire or safety
hazard, due to weather conditions or other conditions. The Street
Department Weed Commissioner may order natural landscapes cut due
to such conditions. As a condition of receiving approval of the natural
landscape permit, the property owner shall be required to cut the
natural landscape within three days upon receiving a written letter
from the City of Jefferson's Weed Commissioner.
The Mayor, subject to the approval of the Common
Council, shall appoint a Landscape Committee consisting of three persons
who have expertise in the area of natural landscapes. The initial
Committee members shall be appointed for one-, two- and three-year
terms respectively, and thereafter all Committee persons shall be
selected to serve for a three-year term.
Property owners interested in applying for a
natural landscape permit shall submit a natural landscape management
plan to the Street Department, attention Weed Commissioner. All plans
received will be reviewed by the Weed Commissioner and the Landscape
Committee for permit approval. The property owner will be notified
in writing by the City of Jefferson of approval or denial. If no notification
is received within 45 days of the property owner's initial submittal,
the plans shall be deemed approved. The plan, permit and letter of
notification will remain on file at the Street Department Weed Commissioner's
office for future reference.
The property owner may appeal a decision to
deny or revoke the natural landscape permit request to the Board of
Zoning Appeals at an open meeting. All applications for appeal shall
be submitted within 15 calendar days of the notice of denial of the
natural landscape management plan. The decision rendered by the Board
of Zoning Appeals shall be final and binding.
Enforcement will be upon written complaint by at least one adjoining owner and filed with the Jefferson Weed Commissioner. Upon receipt of a written complaint, the permitted property will be inspected by the Landscape Committee. If permitted property is determined to be in violation of this article, the property owner shall be notified by the Landscape Committee and City of Jefferson Weed Commissioner by written notice to correct specific violations within 15 days upon receipt of letter. If the property owner does not correct the violations described in the written notice, the City of Jefferson shall order the property mowed and property owner will be billed, at the current rate for every hour worked, and the permit shall be revoked. In addition, the property owner may be subject to a penalty as provided in Chapter 1, Article I of this Code.
