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.
[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]
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inoperable, junked or wrecked motor vehicles, truck bodies, tractors or trailers," which immediately followed, were repealed 9-18-2007 by Ord.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.