[HISTORY: Adopted by the Village Board of
the Village of New Glarus 1-18-2000 by Ord. No. 99-14 as Title 8,
Chs. 1 and 2 of the 2000 Code. Amendments noted where applicable.]
The Village Board, acting as the Board of Health, may make reasonable and general rules for the enforcement of the provisions of this chapter and for the prevention of the creation of health nuisances and the protection of the public health and welfare and may, where appropriate, require the issuance of licenses and permits. All such regulations shall have the same effect as ordinances, and any person violating any of such regulations and any lawful order of the Board shall be subject to Chapter 1, General Provisions, § 1-5 of this Code.
No person shall deposit or cause to be deposited
in any public street or on any public ground or on any private property
not his own any refuse, garbage, litter, waste material or liquid
or any other objectionable material or liquid. When any such material
is placed on the person's own private property, it shall be properly
enclosed and covered so as to prevent the same from becoming a public
nuisance.
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 the
five-day period, will proceed to destroy or cause to be destroyed
all such weeds growing upon said lands and 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 within such five-day
period, 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 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 § 179-6, 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 (Bull Thistle)
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Pastinaca sativa (Wild Parsnip)
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Arctium minus (Burdock)
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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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(2)
Noxious grasses, as defined in this section and in § 179-6, shall include but not be limited to the following: Agrostia alba (Redtop), Sorghum halepense (Johnson), and Setaria (Foxtail).
(3)
Noxious weeds are also the following plants and other
rank growth: ragweed, thistles, smartweed, dandelions (over eight
inches in height), and milkweed (over eight inches in height).
A.
Defined. "Natural lawn," as used in this section, shall include common species of grass and wild flowers native to North America which are designed and purposely cultivated to exceed 12 inches in height from the ground. Specifically excluded in natural lawns are the noxious grasses and weeds identified in § 179-4 of this chapter. The growth of a natural lawn in excess of 12 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.
(1)
Defined. "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 12 inches in length,
a statement of intent and purpose for the lawn, a detailed description
of the vegetation 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 titleholder 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 lawns shall not be permitted within
10 feet of the abutting property owner's property unless waived in
writing by the abutting property owner on the side so affected. Such
waiver is 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. 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 the notification is received sometime between
May 1 and November 1. Property owners who receive notification from
the Village between November 1 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 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 property situated wholly or in part within 300
feet of the boundaries of the properties 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 Village Board 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
Village Board shall be final and binding.
E.
Safety precautions for natural grass areas.
(1)
When, in the opinion of the Fire Chief of the Fire
Department serving the Village of New Glarus, 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 lawns, 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 Village President, upon the recommendation of the
Weed Commissioner, 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 this section.
Notice of intent to revoke an approved natural lawn management plan
permit shall be appealable to the Village Board. 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. Failure to file an application for appeal within the 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 Village Board in an open meeting.
The decision rendered by the Village Board shall be final and binding.
G.
Public nuisance.
(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 Weed Commissioner
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 of
New Glarus.
B.
Public nuisance declared. The Village Board finds
that lawns, grasses and noxious weeds on nonagricultural improved
lots, as classified under the Village Zoning Code,[1] within the Village of New Glarus 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. Weeds and grasses on unimproved nonagricultural lots shall be kept to a height not to exceed eight inches within 25 feet of the front lot line and a height not to exceed 12 inches for the remainder of the lot. Any violation of this section is hereby declared to be a public nuisance, except for property located in a designated floodplain area and/or wetland area or where the lawn, grass or weed is part of a natural lawn approved pursuant to § 179-5 above.
[Amended 10-20-2009 by Ord. No. 09-09]
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.
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. 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.
(1)
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.
(2)
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.
(3)
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.
(4)
At the close 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
did 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's property and shall charge the expenses
of so doing at a rate as established by resolution of the Village
Board. The charges shall be set forth in a statement to the Village
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 Village 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 § 66.0627,
Wis. Stats.[2]
A.
Cleanup required. All persons, firms or corporations
delivering, hauling, disposing, storing, discharging or otherwise
handling potentially polluting substances, solid or liquid, such as,
but not limited to, fuel oil, gasoline, solvents, industrial liquids
or fluids, milk, grease trap and septic tank wastes, sewage sludge,
sanitary sewer wastes, storm sewer catch basin wastes, or oil or petroleum
wastes, shall immediately clean up any such spilled material to prevent
its becoming a hazard to health or safety or, directly or indirectly,
causing pollution to the lakes, streams, streets, drainageways or
ditches under the jurisdiction of the Village.
B.
Notification. Spills or accidental release of hazardous
materials or pollutants at a site or of a quantity or nature that
cannot adequately be cleaned up by the responsible party or parties
shall be immediately reported to the Police Department so that assistance
can be given by the proper agency.[1]
C.
Financial liability. The party or parties responsible
for the release, escape or discharge of wastes shall be held financially
liable for the cost of any cleanup or attempted cleanup deemed necessary
or desirable and undertaken by the Village, or its designated agent,
in an effort to minimize the pollution effects of the discharged waste.
It shall be unlawful for any person, firm or
corporation to store any potentially polluting substances unless such
substances are stored in such manner as securely to prevent them from
escaping into the air or escaping onto the ground surface and/or into
any street, sewer, ditch or drainageway, lake or stream within the
jurisdiction of the Village of New Glarus.
