[HISTORY: Adopted by the Common Council of
the City of Manawa 10-18-1993 as Title 8, Ch. 1 of the 1989 Code of Ordinances. Amendments
noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 94.
Building construction — See Ch. 106.
Cigarettes — See Ch. 114.
Fire prevention — See Ch. 152.
Hazardous materials — See Ch. 164.
Massage establishments — See Ch. 192.
Nuisances — See Ch. 214.
Pollution — See Ch. 237.
Solid waste — See Ch. 268.
Abandoned and junked vehicles — See Ch. 286.
The Common Council, acting as 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, § 1-21, General penalty, of this Code.
A.
Defined. A health nuisance is any source of filth
or cause of sickness.
A.
Sanitary requirements. All structures, pens, buildings,
stables, coops or yards wherein animals or fowl are kept shall be
maintained in a clean and sanitary condition, free of rodents, vermin
and objectionable odors, and shall only be kept in properly zoned
areas.
B.
Animals excluded from food-handling establishments.
No person shall take or permit to remain any dog, cat or other live
animal on or upon any premises where food is sold, offered for sale
or processed for consumption by the general public.
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 or her 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 City 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 City
which he or she 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 City 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 that the cost thereof will
be assessed as a tax upon the lands upon which such weeds are located
under the provisions of W.S.A. s. 66.96. In case the owner or occupant
shall further neglect to comply within 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 W.S.A. s. 66.96(2), the City 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 City 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 § 169-7, 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 § 169-7, shall include but not be limited to the following:
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Agrostia alba (Redtop)
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Dactylis glomerata (Orchard)
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Phleum pratensis (Timothy)
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Poa pratensis (Kentucky Blue)
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Sorghum halepense (Johnson)
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Setaria (Foxtail)
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(3)
Noxious weeds are also the following plants and other
rank growth:
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Ragweed
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Thistles
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Smartweed
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Dandelions (over 10 inches in height)
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Milkweed (over 10 inches in height)
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A.
Natural lawns 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 eight inches in height from the ground. Specifically excluded in natural lawns are the noxious grasses and weeds identified in § 169-5 of this chapter. The growth of a natural lawn in excess of eight inches in height from the ground surface shall be prohibited within the City corporate limits unless a natural lawn management plan is approved and a permit is issued by the City 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)
"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 City. "Property owner" shall be defined
to include the legal title holder and/or the beneficial owner of any
such lot according to the most current City 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 City-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 City Clerk-Treasurer
by the subsequent abutting property owner. Upon receiving the written
request to revoke the original waiver, the Common Council 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 Common Council 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 City, provided that the notification is received
sometime between May 1 and November 1. Property owners who receive
notification from the City 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 available from the City Clerk-Treasurer. The completed application
shall include a natural lawn management plan. Upon submitting a completed
application, a nonrefundable filing fee of $25 will be assessed by
the City. Upon receiving payment, copies of the completed application
shall be mailed by the City to each of the owners of record, as listed
in the office of the City 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 City receives written objections from 51% or
more of the neighboring property owners, the City 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
City 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 Common Council 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
Common Council shall be final and binding.
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 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 City 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 Mayor, 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 Common Council. 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 Common Council in an open meeting. The decision
rendered by the Common Council shall be final and binding.
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 permit issued by the City 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 City Clerk-Treasurer shall enter those charges onto the
tax roll as a special tax as provided by state statute.
(3)
The failure of the City 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 City 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 City.
B.
Public nuisance declared. The Common Council 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 City. 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 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 § 169-6 above.
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 or her within the City.
D.
Inspection. The Weed Commissioner or his or her designee shall inspect or cause to be inspected all premises and places within the City to determine whether any public nuisance as defined in Subsection B above exists.
E.
Abatement of nuisance.
(1)
If the Weed Commissioner shall determine with reasonable certainty that any public nuisance as defined in Subsection B above exists, the Weed Commissioner shall immediately cause written notice to be served that the City proposes to have the lot grass or lawn cut so as to conform with this section and § 169-5.
(2)
The notice shall be served at least five days prior
to the date of the hearing and shall be mailed or served on the owner
of the lot or parcel of land or, if the owner is not known and there
is a tenant occupying the property, then on the tenant and shall state
the time and place at which the hearing will be held.
F.
Due process hearing.
(1)
If the owner believes that his or her grasses or weeds
are not a nuisance, he or she may request a hearing before the Common
Council. The request for said hearing must be made, in writing, to
the City 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 City personnel abating the
nuisance, if necessary.
(2)
When a hearing is requested by the owner of the property,
a hearing by the Common Council shall be held within seven days from
the date of the owner's request. The property in question will not
be mowed by the City until such time as the hearing is held by the
Council. At the hearing, the owner may appear in person or by his
or her attorney, may present witnesses in his or her own behalf and
may cross-examine witnesses presented by the City as well as subpoena
witnesses for his or her own case. At the close of the hearing, the
Common Council shall make its determination, in writing, specifying
its findings, facts and conclusions. If the Common Council determines
that a public nuisance did exist, the Council shall order the Weed
Commissioner to mow the property in question, unless the property
has been mowed by the owner with 48 hours of the Common Council'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.
City's option to abate nuisance. In any case where
the owner, occupant or person in charge of the property shall fail
to cut his or her lawn, grass or weeds as set forth above, then and
in that event the City 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 or her failure to abate the nuisance within the prescribed time, the City shall abate the same and the cost thereof shall be assessed to the property owner as a special charge.
(2)
The City 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 by the Common Council.
The charges shall be set forth in a statement to the City 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 City 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 W.S.A. s. 66.615(3)(f).
[Amended 6-7-2010 by Res. No. 2010-8]
Section 101.123, Wis. Stats., Smoking prohibited, also known
as Act 12, Smoking prohibited in enclosed places, is adopted. Wisconsin
Statutes § 101.123 is effective July 5, 2010.
