[HISTORY: Adopted by the Village Board of the Village of
Woodville as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Building construction — See Ch. 231.
Fires and fire prevention — See Ch. 285.
Hazardous materials and pollutants — See Ch. 303.
Nuisances — See Ch. 381.
Peace and good order — See Ch. 398.
Solid waste — See Ch. 438.
Trees and shrubs — See Ch. 476.
Abandoned vehicles — See Ch. 491.
[Adopted 8-13-1996 (Secs. 8-1-4, 8-1-5 and 8-1-6 of the 1996 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 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 § 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.
[Amended 10-11-2011]
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 weeds, 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 § 410-3, shall include but not be limited to the following:
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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Lysimachia nummularia (creeping jenny)
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Convolvulus arvensis (field bindweed)
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Tragopogon dubius (goat's beard)
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Toxicodendron radicans (poison ivy)
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Cirsium vulgare (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 (curly dock)
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Cannabis sativa (hemp)
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Plantago lanceolata (English plantain)
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(2)
Noxious grasses, as defined in this section and in § 410-3, shall include but not be limited to the following:
Agrostis alba (Redtop)
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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:
[Amended 9-8-2015]
Ragweed
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Thistles
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Smartweed
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Dandelions (over eight inches in height)
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A.
NATURAL LAWN
NATURAL LAWN MANAGEMENT PLAN
NEIGHBORING PROPERTY OWNERS
PROPERTY OWNER
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Includes 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 § 410-1 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.
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.
[Amended 10-11-2011]
All those property owners who are located within 300 feet
of the proposed natural lawn site.
Includes the legal title holder and/or the beneficial owner
of any such lot according to most current Village records.
B.
Natural lawn management plan.
(1)
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. 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 natural
lawn management plan.
(2)
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 plan 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 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 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 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
[Amended 10-11-2011]
(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.
Such permit shall be valid for two years. Permit renewals shall follow
the procedures in this section.
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.
[Amended 10-11-2011]
(1)
When, in the opinion of the Public Protection Committee, the presence
of a natural lawn may constitute a fire or safety hazard due to weather
and/or other conditions, the Public Protection Committee 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 Public Protection Committee.
(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 natural lawn management plan. The Public Protection
Committee 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 Public Protection Committee. The Public Protection Committee
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 $500,000.
F.
Revocation of an approved natural lawn management plan permit. The
Public Protection Committee 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 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 Village Board in an open meeting. The decision
rendered by the Village Board shall be final and binding.
[Amended 10-11-2011]
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 who or which does not abate the nuisance within the required time period or who or which otherwise violates the provisions of this section shall be subject to the general penalty found in § 1-4.
(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.
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 Woodville.
B.
Public nuisance declared. The Village Board finds that lawns, grasses and noxious weeds on nonagricultural lots or parcels of land, as classified under Chapter 525, Zoning, of this Code, within the Village of Woodville 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 nonagricultural 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 § 410-2 above.
C.
Nuisance 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 Weed Commissioner shall determine with reasonable certainty that any public nuisance as defined in Subsection B above exists, he shall immediately cause written notice to be served that the Village proposes to have the lot grass or lawn cut so as to conform to this section and § 410-2.
F.
Due process hearing. If the owner believes that his grasses or weeds
are not a nuisance, he may request a hearing before the Zoning Board
of Appeals. 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 in the amount
established by the Village Board. If a decision is rendered in the
property owner's favor, the bond 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 Zoning Board of Appeals shall be
held within 10 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 Zoning Board of Appeals. 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 close
of the hearing, the Zoning Board of Appeals shall make its determination
in writing specifying its findings, facts, and conclusions. If the
Zoning Board of Appeals determines that a public nuisance does exist,
the Zoning Board of Appeals 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 decision of the Zoning Board of Appeals.
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
costs in excess of the forfeited fee assessed accordingly.[1]
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 by the Village Board. At minimum,
the property owner shall be charged for one hour of Village labor.
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 § 66.0907(3)(f),
Wis. Stats.[2]
[Adopted 8-13-1996 (Sec. 10-5-8 of the 1996 Code)]
No disassembled, inoperable, unlicensed, junked or wrecked motor
vehicles, truck bodies, tractors, recreational vehicles/boats, trailers,
farm machinery, vehicle parts or tires, or appliances shall be stored
upon private residential property or unenclosed within a building
upon nonresidential property within the Village of Woodville for a
period exceeding 10 days unless it is in connection with an authorized
business enterprise located in a properly zoned area maintained in
such a manner as not to constitute a public nuisance. Included within
the jurisdiction of this article are manufactured home communities
within the Village, whether in public ownership or in private ownership
held open to the public.
As used in this article, the following terms shall have the
meanings indicated:
Motor vehicles, recreational 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 license plates or
other defects.
Any stove, washer, refrigerator or other appliance 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, recreational vehicles
or trailers which do not bear lawful current license plates.
This article shall not apply to any motor vehicle or motor vehicle
accessories stored within an enclosed building or on the premises
of a business enterprise operated in a lawful place and in a non-nuisance
manner in a properly zoned area when necessary to the operation of
such business enterprise, in a storage place or depository maintained
in a lawful place and manner, or seasonal use vehicles such as snowmobiles,
motorcycles, motor scooters and nonmotorized campers, provided that
such vehicles are stored in compliance with the ordinances of the
Village. Also excepted are motor vehicles registered pursuant to §§ 341.265
and 341.266, Wis. Stats. In other situations the Village Board may
issue temporary permits permitting an extension not to exceed an additional
30 days' time to comply with this article where exceptional facts
and circumstances warrant such extension.
A.
Whenever the Police Department shall find any vehicles, vehicle parts
or tires, or appliances, 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, part thereof 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.
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 §§ 491-3 through 491-6 of this Code 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 charge shall be entered as a special charge on the tax roll.
Any person who shall interfere with the enforcement of any of the provisions of this article and shall be found guilty thereof shall be subject to a penalty as provided in § 1-4 of this Code. Each motor vehicle or appliance involved shall constitute a separate offense.