[HISTORY: Adopted by the Village Board of the Village of
Westfield 8-14-2012 by Ord. No. 12:10.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch.
214, Brush, Grass and Weeds, adopted as § 4-7-11 of the
1985 Code, as amended 6-10-2008 by Ord. No. 03:08.
A.
The Village Board finds that lawns, grasses, and noxious weeds on
residential or commercial lots or parcels of land which exceed eight
inches in length adversely affect the health and safety of the public
in that they tend to emit pollen and other discomforting bits of plants,
constitute a fire hazard and 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. Vegetation
that is over eight inches in length is also a breeding ground for
fauna known to create a safety or health hazard, as well as said grass
can be a haven for rats, rodents, snakes and other undesirable wild
animals that could cause a health hazard to the citizens of the Village.
In addition to the health hazards stated above, vegetation that exceeds
eight inches is more likely to germinate, causing further health hazards,
bugs, diseases, allergies and fire hazard danger. [As provided for
in § 66.0407(1)(b), Wis. Stats.] For that reason, any lawn,
grass, or noxious weeds 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 where the lawn, grass, or weed is part of a woodland,
field-type setting or a natural lawn that a permit has been applied
for and approved by the Village Board prior to the growing season.
B.
Open parcels in excess of 25,000 square feet that are not directly
affecting a residential or commercial area may be considered a woodland
or field-type setting and may not be required to comply with the eight-inch
restriction on grass, flowers, etc. However, noxious weeds and allergenic
wildflowers must still be maintained to prevent the spread and growth
of such plants. If the Fire Chief deems that the field-type parcel
may constitute a fire hazard, then he or she shall convey that determination
to the Village Board. The Village Board shall then notify the property
owner and cause the parcel to be mowed. A woodland or field-type setting
parcel shall be determined by the Village Board.
C.
Any property that abuts a residential lawn or dwelling shall be maintained
as a lawn and adhere to the not-greater-than-eight-inches-in-length
requirement (exception: an approved natural lawn). Any shoreline shall
be exempt from these requirements, "shoreline" defined as property
not greater than 36 inches from the water's edge. If the property
that abuts a residential lawn or dwelling is determined to be a wet/lowland
or the soil/ground conditions make mowing difficult, the Village Board
can cause that parcel to be declared a woodland or field-type setting
regardless of the square footage of the parcel.
D.
Definition; destruction of weeds required; Weed Commissioner.
(1)
Definition. For purposes of this article, "noxious weeds" shall mean
the weeds defined in § 66.0407, Wis. Stats., which is hereby
adopted and made a part of this article, and shall also include common
ragweed (Ambrosia atemisiifolia), giant ragweed (Ambrosia trifida)
and burdock (Actrium spp.) and includes but not limited to:
|
Common Name(s)
|
Latin Name(s)
| |
|---|---|---|
|
Buckthorn
|
Rhamnus cathartica
| |
|
Alder buckthorn
|
Rhamnus frangula
| |
|
Burdock (yellowdock)
|
Arctium 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 leucanthemum
| |
|
Pigweed (lamb quarters)
|
Chenopodium album
| |
|
Poison ivy
|
Rhus radicans
| |
|
Purple loosestrife
|
Lythrum salicaria
| |
|
Quackgrass
|
Elymus repens
| |
|
Ragweed (common)
|
Ambrosia artemisiifolia
| |
|
Ragweed (great)
|
Ambrosia trifida
| |
|
Spotted knapweed
|
Centaurea maculosa
| |
|
Thistle bull
|
Cirsium vulgare
| |
|
Thistle Canada
|
Cirsium arvense
| |
|
Thistle must or nodding
|
Centaurea calcitrapa
| |
|
Thistle star (caltrops)
|
Centaurea/sonchus arvensis
| |
|
Thistle sow (field)
|
Sonchus oleraceus
| |
|
Thistle sow (common)
|
Sonchus asper
| |
|
Thistle sow (spiny leaved)
|
Sonchus asper
| |
|
Sweet clover (yellow)
|
Melilotus officinalis
| |
|
Sweet clover (white)
|
Melilotus albus
| |
|
(Winter cress)
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Barbarea vulgaris
| |
|
Japanese bamboo
| ||
|
Wild mustard
|
(2)
Destruction of noxious weeds required. Every person shall destroy
all noxious weeds on every parcel of land which he owns, occupies
or controls.
(3)
Weed Commissioner; destruction of weeds by Village.
(a)
The Weed Commissioner, who is also the Inspections Supervisor,
will have the powers and duties enumerated in this article and in
§ 66.0407, Wis. Stats., except that he shall receive no
compensation for his services other than his regular salary.
(b)
The Weed Commissioner is to destroy or cause to be destroyed
noxious weeds and is further empowered to enter upon public and private
lands and to cut or remove the accumulation or growth of weeds, grass,
brush or other rank or offensive vegetation which has grown to a height
greater than the following heights:
(c)
"Developed lot" is to be defined as one with a finished building
or building under construction.
(d)
The administrative fee for multiple adjacent properties or a
new subdivision by phase per event can be no more than five times
the fee for a single lot.
(e)
Property in the Village, but not yet served by Village sewer
or permitted utilities, shall be exempt from the provisions of this
section, except for noxious weeds.
(f)
Noxious weeds shall be eliminated under this notice and charge
provisions of § 66.0517, Wis. Stats. All other weed elimination
or vegetation control will be charged as a special charge for current
services rendered under § 66.0627, Wis. Stats., with notice
to the property owner.
|
State Law Reference(s): Nuisances, weeds, §§ 23.235
through 66.0517, Wis. Stats.[1]
|
[1]
Editor's Note: See §§ 23.235, Nuisance
weeds, and 66.0517, Weed Commissioner, Wis. Stats.
[Amended 8-13-2019 by Ord. No. 19:06]
If the property owner or occupant thereof is served with a public nuisance violation of weed and grass control, he or she has 10 days from the mailing time/date of the violation to abate the nuisance or request a hearing pursuant to § 214-2C. If the nuisance is not abated within said 10 days and no hearing is requested under § 214-2C, the Village Board or its appointed personnel shall impose the general penalty and proceed with the abatement, keeping an account of the expense of the abatement; that expense shall be charged to and paid by such property owner. Notice of the expense for abatement of the public nuisance shall be mailed to the property owner. If the costs and expenses are incurred and remain unpaid, the Village Clerk shall enter those charges onto the tax roll as provided by state statute.
A.
Order to abate nuisance. If the inspecting officer determines that
a public nuisance exists on private premises but that the nature of
such nuisance is not such as to threaten imminent danger to the public
health, safety, peace, morals or decency, he should issue an order
reciting the existence of a public nuisance and giving the owner or
occupant of the premises an opportunity to remove or abate the condition
described in the order within the time period specified therein. The
order is to be served personally on the owner of the building, as
well as the occupant if different from the owner and applicable to
the described nuisance, or at the option of the inspecting officer,
the notice may be mailed to the last known address of the person,
to be served by certified mail with return receipt. If the owner or
the occupant cannot be served, the order may be served by posting
it on the main entrance of the premises and by publishing as a Class
3 notice under Chapter 985, Wis. Stats. The time limit specified in
the order runs from the date of service or publication.
B.
Abatement by Village. If the owner or occupant fails or refuses to comply within the time period prescribed and does not avail himself or herself of his or her opportunity to request a hearing before the Village Board pursuant to Subsection C below, the inspecting officer shall enter upon the premises and cause the nuisance to be removed or abated, and the Village shall recover the expenses incurred thereby from the owner or occupant of the premises or from the person who has caused or permitted the nuisance.
C.
Remedy from order. Any person affected by such order shall, within
10 days of mailing, service or publication of the order, provide notice
to the Village of Westfield in the event he or she wishes to challenge
the abatement. The landowner shall complete the bottom portion of
the notice of abatement served upon the owner in order to request
a hearing before the Village Board at an open meeting. The decision
rendered by the Village Board shall be final and binding. In the event
the owner does not request a hearing by delivering the signed request
for hearing on the bottom of the notice of abatement form, then the
hearing will be deemed waived and the Village will proceed with the
abatement process.
D.
Authority to assess costs. The cost of the abatement or removal of
a nuisance under this section shall be collected from the owner, occupant
or person causing, permitting or maintaining the nuisance, and if
notice to abate the nuisance, if applicable, has been given to the
owner, such cost shall be assessed against the real estate as a special
charge.
E.
Abatement in accordance with state law. Nothing in this chapter is
to be construed as prohibiting the abatement of public nuisances by
the Village or its officials in accordance with the laws of the state.
F.
Whenever in this code or in any ordinance of the Village any act
is prohibited or is made or declared to be unlawful or an offense,
or whenever in such code or ordinance the doing of any act is required
or the failure to do any act is declared to be unlawful, where no
specific penalty is otherwise provided in this code, the violation
of any such provision of this code or ordinance shall be punished
as follows:
(1)
First offense. Any person who violates any provision of this code
subject to a penalty shall, upon the first conviction thereof, forfeit
not less than $1 nor more than $200, together with the costs of prosecution,
and in default of payment of such forfeiture and costs of prosecution
may subject to the contempt powers of the Circuit Court.
(2)
Second and subsequent offenses. Any person found guilty of violating
any provision of this code who shall previously have been convicted
of a violation of the same provision shall upon conviction thereof
forfeit not less than $10 nor more than $500 for each such offense,
together with costs of prosecution.
A.
"Natural lawn management plan" shall mean a written plan relating
to the management and maintenance of a lawn which contains a legal
description of lawn/property 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 vegetation types, plants and plant
succession involved, and the specific management and maintenance techniques
to be employed.
B.
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. The term "property owner" shall be defined to include
the legal titleholder and/or the beneficial owner of any such lot
according to the most current Village and county 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 an 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 submittal.
C.
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 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 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
Clerk, provided that the notification is received between May 1 and
November 1. Property owners that 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 the receipt of the notification.
Property owners interested in applying for permission to establish
a natural lawn shall obtain and complete an application form available
at the Village Clerk's office. 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 Clerk's office, who are
owners of the property situated wholly or partly within 300 feet of
the boundaries of the properties for which application has been made.
Neighboring property owners shall be defined as all those property
owners who are located within 300 feet of the proposed natural lawn
site.
The property owner may appeal the Village Board's decision
to deny the natural lawn permit by requesting to be heard by the Village
Board at an open meeting. An application for an appeal shall be made
in writing no later than 15 calendar days after a notice of denial
has been issued. The decision rendered by the Village Board shall
be final and binding.
A.
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.
B.
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.
A.
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 chapter. 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 the receipt of the written notice of intent
to revoke the approved natural lawn management plan. Failure to file
an application for appeal within such 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.
B.
Public nuisance; abatement after notice.
(1)
The growth of a natural lawn 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 chapter.
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 served with a notice of public nuisance violation does not abate the nuisance within 15 days and does not request a hearing pursuant to § 214-2C, the enforcement officer may proceed to abate the 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 of such bill. After such costs and expenses are incurred and remain unpaid, the Clerk-Treasurer shall enter those charges onto the tax roll as a special charge as provided by statute.
In case any of the provisions in this chapter are found to be
invalid, illegal or unenforceable in any respect, the validity, legality
and enforceability of any other provision contained herein or therein
shall not in any way be affected or impaired.
