[HISTORY: Adopted by the Village Board of
the Village of Cambria 3-7-1988 as §§ 6-1-5, 6-1-6 and 6-1-7 of the 1988
Code. Amendments noted where applicable.]
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 the said Weed Commissioner after the expiration of
five days' 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, 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
hayfever in human beings or would cause a skin rash through contact
with the skin.
(1)
Noxious weeds, as defined in this section and in § 179-3, 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 (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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[Amended 5-3-2010 by Ord. No. 10-02; 9-9-2013 by Ord. No. 179-2]
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 § 179-1 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 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 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 and within one foot of the public
sidewalk, 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 owner's 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 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 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 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 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 Public Sanitation
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 Sanitation
Committee 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 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 Director of Public
Works, 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 Sanitation 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. 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
Public Sanitation Committee in an open meeting. The Public Sanitation
Committee shall make a recommendation to the Village Board. The decision
rendered by the Village Board 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 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.
H.
Penalty.
(1)
Any person, firm or corporation which does not abate the nuisance within the required time period or who otherwise violates the provisions of this section shall be subject to the general penalty found in § 1-5 of this Code.
(2)
In addition to any penalties herein provided, the Village may issue
stop-work orders upon owners of lots where work is unfinished under
a previously issued building permit for any violation of this section.
[Amended 9-14-2009]
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 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 § 179-2 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 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.
(1)
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 Clerk/Treasurer who shall cause notice to be served that the Village intends to have the lot grass or lawn cut so as to conform with this section, with the cost being charged to the owner.
(2)
The notice shall be served on or mailed to the owner
of the lot or parcel of land or, if he is not known and there is a
tenant occupying the property, then to the tenant, at least five days
prior to the date of enforcement.
(3)
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 cut said
lawn, grass or weeds and charge the cost of abatement to the property
owner. In addition, the Village shall have the right to issue a citation
for an ordinance violation and fine the owner per the Village's Fees
and Forfeiture Schedule.
(4)
If the cost of abatement is not paid in full within
30 days thereafter, the Clerk/Treasurer shall enter the charges in
the tax roll as a special charge against said lot or parcel of land,
and the same shall be collected in all respects like other taxes upon
real estate.
