[HISTORY: Adopted by the Village Board of the Village of
Clayton as indicated in article histories. Amendments noted where
applicable.]
[Adopted 7-10-1995 as Secs. 6-1-5 to 6-1-7 of the 1995 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 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 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 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 § 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 § 382-3,
shall include but not be limited to the following:
(a)
Cirsium arvense (Canada Thistle).
(b)
Ambrosia artemisiifolia (Common Ragweed).
(c)
Ambrosia trifida (Great Ragweed).
(d)
Euphorbia esula (Leafy Spurge).
(e)
Lysimachia nummularia (Creeping Jenny).
(f)
Convolvulus arvensis (Field Bindweed).
(g)
Tragopogon dubius (Goat's Beard).
(h)
Rhus radicans (Poison Ivy).
(i)
Cirsium vulgare (Bull Thistle).
(j)
Pastinaca sativa (Wild Parsnip).
(k)
Arctium minus (Burdock).
(l)
Xanthium strumarium (Cocklebur).
(m)
Amaranthus retroflexus (Pigweed).
(n)
Chenopodium album (Common Lambsquarter).
(o)
Rumex crispus (Curled Dock).
(p)
Cannabis sativa (Hemp).
(q)
Plantago lanceolata (English Plantain).
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 § 382-1
of this article.
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.
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.
Permit required. 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.
C.
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 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.
D.
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.[1]
(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.
E.
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.
F.
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 the 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
insure 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 insuring 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.
G.
Revocation of an approved natural lawn permit. The Village President,
upon the recommendation of the Weed Commissioner, shall have the authority
to revoke an approved natural lawn 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 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 permit. Failure to file
an application for appeal within the 15 calendar days shall result
in the revoking of the natural lawn permit. All written applications
for appeal filed within the 15 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.
H.
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.
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 § 382-2 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.
(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 he is not known and there is a tenant occupying
the property, then to the tenant, of the time and place at which the
hearing will be held.
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. 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. 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. 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 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 by 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 § 66.0907(3)(f), Wis.
Stats.
[Adopted 7-10-1995 as Sec. 8-5-8 of the 1995 Code]
No disassembled, inoperable, unlicensed, junked or wrecked motor
vehicles, truck bodies, tractors, trailers, farm machinery or appliances
shall be stored unenclosed outside a building upon private property
within the Village 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 to not constitute a public
nuisance.
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, being operated upon the public
streets or highways or which is 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.
Is 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 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 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 of 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 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 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 §§ 489-3 through 489-6
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 charges
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 Chapter 1, General Provisions,
§ 1-4, of this Code. Each motor vehicle or appliance involved
shall constitute a separate offense.
