[HISTORY: Adopted by the Village Board of
the Village of Mazomanie as indicated in article histories. Amendments
noted where applicable.]
[Adopted 6-28-1988 as §§ 6-1-5 to 6-1-7
of the 1988 Code]
A.
The Village Clerk-Treasurer shall annually, on or
before May 15, publish as required by state law a notice that every
person is required by law to destroy all noxious weeds on lands in
the Village which he owns, occupies or controls. A joint notice with
other towns or municipalities may be utilized.
B.
If the owner or occupant shall neglect to destroy
any weeds as required by such notice, then the Weed Commissioner of
the Village shall give five days' written notice by mail to the owner
or occupant of any lands upon which the weeds shall be growing to
the effect that said Weed Commissioner, after the expiration of a
five-day period, will proceed to destroy or cause to be destroyed
all such weeds growing upon said lands and that the cost thereof will
be assessed as a tax upon the lands upon which such weeds are located
under the provisions of § 66.0407, Wis. Stats. In case the
owner or occupant shall further neglect to comply with such five-day
notice, then the Weed Commissioner shall destroy such weeds or cause
them to be destroyed in the manner deemed to be the most economical
method, and the expense thereof, including the cost of billing and
other necessary administrative expenses, shall be charged against
such lots and be collected as a special tax thereon.
C.
As provided for in § 66.0407(2), 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 which, if allowed to pollinate, would cause or produce
hay fever in human beings or would cause a skin rash through contact
with the skin.
(1)
Noxious weeds, as defined in this section and in § 312-3, 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 (gull thistle)
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Pastinaca sativa (wild parsnip)
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Arctium minus (bur dock)
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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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A.
Natural lawns defined. "Natural lawn" as used in this section shall include common species of grass and wildflowers native to North America which are designed and purposely cultivated to exceed eight inches in height from the ground. Specifically excluded in natural lawns are the noxious grasses and weeds identified in § 312-1 of this article. The growth of a natural lawn in excess of eight inches in height from the ground surface shall be prohibited within the Village corporate limits unless a natural lawn management plan is approved and a permit is issued by the Village as set forth in this section. Natural lawns shall not contain litter or debris and shall not harbor undesirable wildlife.
B.
Natural lawn management plan defined.
(1)
"Natural lawn management plan" as used in this section
shall mean a written plan relating to the management and maintenance
of a lawn which contains a legal description of the lawn upon which
the planted grass will exceed eight inches in length, a statement
of intent and purpose for the lawn, a detailed description of the
vegetational types, plants and plant succession involved, and the
specific management and maintenance techniques to be employed.
(2)
Property owners who wish to plant and cultivate a
natural lawn must submit their written plan and related information
on the form provided by the Village. "Property owner" shall be defined
to include the legal title holder and/or the beneficial owner of any
such lot according to most current Village records. Natural lawn management
plans shall only indicate the planting and cultivating of natural
lawns on property legally owned by the property owner. Applicants
are strictly prohibited from developing a natural lawn on any Village-owned
property, including street rights-of-way. This shall include at a
minimum property located between the sidewalk and the street or a
strip not less than 10 feet adjacent to the street where there is
no sidewalk, whether the area is under public or private ownership.
In addition, natural lawn shall not be permitted within 10 feet of
the abutting property owners' property unless waived in writing by
the abutting property owner on the side so affected, such waiver to
be affixed to the lawn management plan.
(3)
Any subsequent property owner who abuts an approved
natural lawn may revoke the waiver, thereby requiring the owner of
the natural lawn to remove the natural lawn that is located in the
ten-foot section abutting the neighboring property owner. Such revocation
shall be put in writing and presented to the Village Clerk-Treasurer
by the subsequent abutting property owner. Upon receiving the written
request to revoke the original waiver, the Village Board shall contact
the owner of the approved natural lawn and direct the owner to remove
the natural lawn located in the ten-foot section abutting the neighboring
property owner. The Village Board shall revise the approved natural
lawn management permit accordingly. The owner of the approved natural
lawn shall be required to remove the ten-foot section abutting the
neighboring property owner within 20 days of receipt of the written
notification from the Village, provided that the notification is received
sometime between May 1 and November 1. Property owners who receive
notification from the Village between November 2 and April 30 shall
be required to remove the ten-foot section abutting the neighboring
property owner no later than May 20 following receipt of the notification.
C.
Application process.
(1)
Property owners interested in applying for permission
to establish a natural lawn shall obtain and complete an application
form available from the Village Clerk-Treasurer. The completed application
shall include a natural lawn management plan. Upon submitting a completed
application, a nonrefundable filing fee as set by the Village Board
will be assessed by the Village. Upon receiving payment, copies of
the completed application shall be mailed by the Village to each of
the owners of record, as listed in the office of the Village Assessor,
who are owners of the properties situated wholly or in part within
300 feet of the boundaries of the property for which the application
is made. If within 15 calendar days of mailing the copies of the complete
application to the neighboring property owners the Village receives
written objections from 51% or more of the neighboring property owners,
the Village Clerk-Treasurer shall immediately deny the application.
"Neighboring property owners" shall be defined as all those property
owners who are located within 300 feet of the proposed natural lawn
site.
(2)
If the property owner's application is in full compliance
with the natural lawn management plan requirements and less than 51%
of the neighboring property owners provide written objections, the
Village Clerk-Treasurer shall issue permission to install a natural
lawn.
D.
Application for appeal. The property owner may appeal
the Clerk-Treasurer's decision to deny the natural lawn permit request
to the Public Protection and Ordinance Committee at an open meeting.
All applications for appeal shall be submitted within 15 calendar
days of the notice of denial of the natural lawn management plan.
The decision rendered by the Public Protection and Ordinance Committee
shall be final and binding.[1]
E.
Safety precautions for natural grass areas.
(1)
When in the opinion of the Fire Chief the presence
of a natural lawn may constitute a fire or safety hazard, due to weather
and/or other conditions, the Fire Chief may order the cutting of natural
lawns to a safe condition. As a condition of receiving approval of
the natural lawn permit the property owner shall be required to cut
the natural lawn within three days upon receiving written direction
from the Fire Chief.
(2)
Natural lawns shall not be removed through the process
of burning unless stated and approved as one of the management and
maintenance techniques in the lawn management plan. The Fire Chief
shall review all requests to burn natural lawns and shall determine
if circumstances are correct and all applicable requirements have
been fulfilled to ensure public safety. Burning of natural lawns shall
be strictly prohibited unless a written permit to burn is issued by
the Fire Chief. The Fire Chief shall establish a written list of requirements
for considering each request to burn natural lawn, thereby ensuring
the public safety. In addition, the property owner requesting permission
to burn the natural lawn shall produce evidence of property damage
and liability insurance identifying the Village as a party insured.
A minimum amount of acceptable insurance shall be $300,000.
F.
Revocation of an approved natural lawn management
plan permit. The Clerk-Treasurer, upon the recommendation of the Building
Inspector, shall have the authority to revoke an approved natural
lawn management plan permit if the owner fails to maintain the natural
lawn or comply with the provisions set forth in the approved natural
lawn management plan permit or any requirements set forth in this
section. Notice of intent to revoke an approved natural lawn management
plan permit shall be appealable to the Public Protection and Ordinance
Committee. All applications for appeal shall be submitted within 15
calendar days of receipt of the written notice of intent to revoke
the approved natural lawn management plan permit. Failure to file
an application for appeal within 15 calendar days shall result in
the revoking of the natural lawn management plan permit. All written
applications for appeal filed within the fifteen-calendar-day requirement
shall be reviewed by the Public Protection and Ordinance Committee
in an open meeting. The Public Protection and Ordinance Committee
shall make a recommendation to the Village Board. The decision rendered
by the Village Board shall be final and binding.
[Amended 12-8-2006 by Ord. No. 2006-2]
G.
Public nuisance defined; abatement after notice.
(1)
The growth of a natural lawn as defined in this section
shall be considered a public nuisance unless a natural lawn management
plan has been filed and approved and a permit is issued by the Village
as set forth in this section. Violators shall be served with a notice
of public nuisance by certified mail to the last known mailing address
of the property owner.
(2)
If the person so served with a notice of public nuisance
violation does not abate the nuisance within 10 days, the enforcement
officer may proceed to abate such nuisance, keeping an account of
the expense of the abatement, and such expense shall be charged to
and paid by such property owner. Notice of the bill for abatement
of the public nuisance shall be mailed to the owner of the premises
and shall be payable within 10 calendar days from receipt thereof.
Within 60 days after such costs and expenses are incurred and remain
unpaid, the Village Clerk-Treasurer shall enter those charges onto
the tax roll as a special tax as provided by state statute.
(3)
The failure of the Village Clerk-Treasurer to record
such claim or to mail such notice or the failure of the owner to receive
such notice shall not affect the right to place the Village expense
on the tax rolls for unpaid bills for abating the public nuisance,
as provided for in this section.
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 which
exceeds eight inches in length is hereby declared to be a nuisance,
except for the following:
[Amended 7-23-2019 by Ord. No. 2019-3]
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 within the Village.
D.
Inspection. The Weed Commissioner or his 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.
E.
Abatement of nuisance. If the inspecting officer shall determine with reasonable certainty that any public nuisance as defined in Subsection B above exists, he shall immediately report such existence to the Village Board which shall, if it determines that such nuisance exists, cause notice to be served that the Village Board proposes to have the lot grass or lawn cut so as to conform with this section and § 312-1.
F.
Due process hearing. If the owner believes that his
grasses or weeds are not a nuisance, he may request a hearing before
the Village Board or committee thereof. The request for said hearing
must be made in writing to the Village Clerk-Treasurer's office within
the five days set forth in the Weed Commissioner's notice. Upon application
for the hearing, the property owner must deposit a bond of $25. If
a decision is rendered in the property owner's favor, the $25 will
be returned to the property owner. If the property owner fails to
appear for the hearing or if the decision is rendered against the
property owner, the deposit shall be forfeited and applied to the
cost of Village personnel abating the nuisance, if necessary. When
a hearing is requested by the owner of the property, a hearing by
the Village Board shall be held within seven days from the date of
the owner's request. The property in question will not be mowed by
the Village until such time as the hearing is held by the Board. At
the hearing, the owner may appear in person or by his attorney, may
present witnesses in his own behalf and may cross-examine witnesses
presented by the Village as well as subpoena witnesses for his own
case. At the closing of the hearing, the Village Board shall make
its determination in writing, specifying its findings, facts, and
conclusions. If the Village Board determines that a public nuisance
does exist, the Board shall order the Weed Commissioner to mow the
property in question unless the property has been mowed by the owner
within 48 hours of the Village Board's decision. If the owner does
not abate the nuisance within the described 48 hours, the Weed Commissioner
shall cause the same nuisance to be abated and cost in excess of the
forfeited fee assessed accordingly.
G.
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 lawn, grass or weeds as set forth above, then and 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 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 property and shall charge the expenses
of so doing at a rate as established by resolution by the Village
Board. The charges shall be set forth in a statement to the 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 30 days thereafter, the 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 § 66.0907(3)(f),
Wis. Stats.
[Adopted 4-25-2000 (§ 8-4-8 of the 1988 Code)]
A.
No disassembled, inoperable, unlicensed, junked or
wrecked motor vehicles, truck bodies, tractors, trailers, farm machinery
or appliances shall be stored or allowed to remain in the open upon
private property within the Village for a period exceeding 10 days
unless it is in connection with a properly licensed automotive or
appliance sales, repair or storage business enterprise located in
a properly zoned area and such business is maintained in such a way
as not to constitute a public nuisance.
B.
Any business engaged in automotive sales, storage,
body repair or other repair may only retain such vehicles if such
vehicles are stored out of public view behind a solid fence. The fence
design and materials shall be approved by the Village Board, after
an advisory recommendation from the Plan Commission. Such automotive
and repair-related businesses may only be located in a properly zoned
area.
As used in this article, the following terms
shall have the meaning indicated:
Motor vehicles, truck bodies, tractors, farm machinery or
trailers in such state of physical or mechanical ruin as to be incapable
of propulsion or being operated upon the public streets or highways
or which are otherwise not in safe or legal condition for operation
on public streets or highways due to missing or inoperative parts,
flat or removed tires, expired or missing plates, or other defects.
Any stove, washer or refrigerator which is no longer operable
in the sense for which it was manufactured.
As defined in § 340.01(35), Wis. Stats.
Motor vehicles, truck bodies, tractors or trailers which
do not bear lawful current license plates.
A.
Whenever the Police Department shall find any vehicle or appliance, as described herein, placed or stored in the open upon private property within the Village, it shall notify the owner of said property on which said vehicle or appliance is stored of the violation of this article. If said vehicle or appliance is not removed within five days, the Police Department shall cause to be issued a citation to the property owner or tenant of the property upon which said vehicle or appliance is stored. The penalty shall be as provided in Chapter 1, § 1-3 of this Code.[1]
B.
If such vehicle or appliance is not removed within 20 days after issuance of a citation, the Chief of Police shall cause the vehicle or appliance to be removed and impounded and it shall thereafter be disposed of as prescribed in Chapter 381, §§ 381-3 through 381-6, by the Chief of Police or his duly authorized representative. Any cost incurred in the removal and sale of said vehicle or appliance shall be recovered from the owner. However, if the owner of the vehicle or appliance cannot readily be found, the cost of such removal shall be charged to the property from which it is removed, which charges shall be entered as a special charge on the tax roll.
