[HISTORY: Adopted by the Village Board of the Village of
Clyman as Title 8, Ch. 1, of the 1998 Village Code of Ordinances,
of the 1998 Village Code of Ordinances. Amendments noted where applicable.]
The Village Board, 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 the general penalty provided for in this Code.
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
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 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 of the Wisconsin Statutes. 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, except that the limit shall be six inches in nonagricultural lots or parcels of land as provided in § 219-6. 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]
(1)
Noxious weeds, as defined in this section and in § 219-6, 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 § 219-6, shall include, but not be limited to, the following:
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Agrostia 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:
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Ragweed
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Thistles
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Smartweed
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Dandelions (over 12 inches in height)
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Milkweed (over 12 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 § 219-4 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 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 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 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 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 of $50 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.[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.
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.
(1)
When, in the opinion of the Fire Chief of the Department serving
the Village of Clyman, 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.
F.
Revocation of an approved natural lawn management plan permit. 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 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. 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 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.
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.
Violations and penalties.
(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 § 1-3.
(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 Clyman.
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 440, Zoning, of the Code of the Village of Clyman, within the Village of Clyman which exceed six 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, interferes with the public convenience and adversely affects 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 six 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 § 219-5 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/her 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/she shall immediately cause written notice to be served that the Village proposes to have the lot grass or lawn cut so as to conform with this section and § 219-5. The notice shall be mailed or served on the owner of the lot or parcel of land or, if he/she 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/she may request a hearing before the 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 twenty-five-dollar
bond. 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 Board of Appeals 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 of Appeals. At the hearing, the owner may appear in person or
by his/her attorney, may present witnesses in his/her 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 Board
of Appeals shall make its determination, in writing, specifying its
findings, facts, and conclusions. If the Board of Appeals determines
that a public nuisance did exist, the 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 Board of Appeals'
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), Wisconsin
Statutes.
A.
Whenever public sewer or water service has become available to any
building used for human habitation or human occupancy, the Village
Board shall notify, in writing, the owner, agent or occupant thereof
to connect such facilities thereto. If such persons to whom the notice
has been given shall fail to comply for more than 10 days after notice,
the Village Board shall cause the necessary connections to be made
and the expenses thereof to be assessed as a special tax against the
property pursuant to § 281.45 of the Wisconsin Statutes.
B.
The Village Board may extend the time for connection hereunder or
may grant other temporary relief where strict enforcement would work
an unnecessary hardship without corresponding public or private benefit.
C.
This section is enacted pursuant to § 144.06 of the Wisconsin
Statutes.
A.
Inspections. Whenever the Building Inspector, Fire Inspector or other authorized Village official shall, upon inspection of any premises within the Village of Clyman, find that there is deposited, placed, stored or remaining on said premises any garbage, junk, rubbish, rubble, trash, abandoned, outmoded or nonsalable merchandise or parts, accumulation of grease or food wastes in a grease trap or other place or depository which presents a risk of clogging or blocking a sewer system, or any other unhealthy, hazardous or unsightly materials or thing which create a fire or health hazard, or which is detrimental to the appearance, neatness and cleanliness of the immediate neighborhood or the Village of Clyman in general, such official shall issue his written order to the owner and/or occupant of the premises to remove said garbage, junk, rubbish, rubble or trash, abandoned, outmoded, or nonsalable merchandise or parts, accumulation of grease or food wastes in a grease trap or other place or depository which presents a risk of clogging or blocking a sewer system, or other unhealthy, hazardous or unsightly materials or things. Said written order shall provide that such removal shall be accomplished within 10 days after service of said order upon the owner or occupant of the premises involved. Such written order, in addition to specifying and describing the material or things to be removed, shall also set forth on the face thereof the provisions of Subsection B.
B.
Appeal. Any person feeling himself aggrieved by any order of a Village
official under this section may, within 10 days from the date of receipt
of such order, appeal such order to the Village Board.
C.
Exceptions. Nothing contained in this section shall be construed
to prohibit the depositing of rubbish, rubble, junk, trash, abandoned,
outmoded or nonsalable merchandise or parts or unsightly materials
or things which are:
D.
Nonconforming uses. It shall not be a defense to the provisions of this section that the owner or occupant of the premises involved has a nonconforming use under the provisions of Chapter 440, Zoning, but the provisions of this section shall be complied with notwithstanding that the owner or occupant of any given premises is using or occupying such premises under a valid nonconforming use.
A.
HARDWARE CLOTH
OWNER or MANAGER
RODENT HARBORAGE
RODENTPROOF CONTAINER
RODENTPROOFING
Definitions. The following definitions shall be applicable in this
section:
Wire screening of such thickness and spacing as to afford
reasonable protection against the entrance of rodents.
Whenever any person or persons shall be in actual possession
of or have charge, care or control of any property within the Village,
as executor, administrator, trustee, guardian or agent, such person
or persons shall be deemed and taken to be the owner or owners of
such property within the true intent and meaning of this section and
shall be bound to comply with the provisions of this section to the
same extent as the owner, and notice to any such person of any order
or decision of the Building Inspector or his designee shall be deemed
and taken to be a good and sufficient notice, as if such person or
persons were actually the owner or owners of such property, except
that whenever an entire premises or building is occupied as a place
of business, such as a store, factory, warehouse, rooming house, junkyard,
lumber yard or any other business under a single management, the person,
firm or corporation in charge of such business shall be considered
the owner or manager.
Any place where rodents can live and nest without fear of
frequent molestation or disturbance.
A container constructed of concrete or metal, or the container
shall be lined with metal or other material that is impervious to
rodents, and openings into the container, such as doors, shall be
tightfitting to prevent the entrance of rodents.
Consists of closing openings in building foundations and
openings under and around doors, windows, vents and other places which
could provide means of entry for rodents, with concrete, sheet iron,
hardware cloth or other types of rodentproofing material approved
by the Village.
B.
Elimination of rodent harborages. Whenever accumulations of rubbish,
boxes, lumber, scrap metal, car bodies or any other materials provide
rodent harborage, the person, firm or corporation owning or in control
of such materials shall cause the materials to be removed or the materials
shall be stored so as to eliminate the rodent harborage. Lumber boxes
and similar materials shall be neatly piled. These piles shall be
raised at least a foot above the ground. When the owner of the materials
cannot be found after a reasonable search, the owner or manager of
the premises on which the materials are stored shall be responsible
for disposal, or proper piling, of the materials.
C.
Elimination of rodent feeding places. No person, firm or corporation
shall place, or allow to accumulate, any materials that may serve
as a food for rodents in a site accessible to rodents. Any waste material
that may serve as food for rodents shall be stored in rodentproof
containers. Feed for birds shall be placed on raised platforms, or
such feed shall be placed where it is not accessible to rodents.
D.
Extermination. Whenever rodent holes, burrows or other evidence of
rodent infestation are found on any premises or in any building within
the Village, it shall be the duty of the owner or manager of such
property to exterminate the rodents or to cause the rodents to be
exterminated. Within 10 days after extermination, the owner or manager
shall cause all of the rodent holes or burrows in the ground to be
filled with earth or other suitable material.
E.
Rodentproofing. It shall be the duty of the owner or manager of any
building in the Village of Clyman to make such building reasonably
rodentproof, to replace broken basement windows and, when necessary,
to cover the basement window openings with hardware cloth or other
suitable material for preventing rodents from entering the building
through such window openings.
A.
Purpose and intent. The purpose of this section is to promote the
recycling of yard wastes and certain kitchen wastes through composting
and to establish minimum standards for proper compost maintenance.
B.
COMPOSTING
Definitions.
The organic waste produced from the growing, trimming, and
removal of grass, branches (not exceeding one inch in diameter) bushes,
shrubs, plants, leaves and garden debris. Kitchen waste shall be any
uncooked plant matter not contaminated by or containing meat, fish
and/or dairy products.
C.
Maintenance. All compost piles shall be maintained using approved
composting procedures to comply with the following requirements:
(1)
All compost piles shall be enclosed in a freestanding compost bin.
Each compost bin shall be no larger in volume than 125 cubic feet,
and shall be no taller than 42 inches. Any manufactured composter
shall be permitted under this section, if prior Board approval is
obtained.
(2)
All compost bins shall be so maintained as to prevent the attraction or harborage of rodents and pests. The presence of rodents in or near a compost bin shall be cause for the Village to proceed under § 219-9.
(3)
All compost bins shall be so maintained as to prevent unpleasant
odors.
(4)
No compost bin shall be allowed to deteriorate to such condition
as to be a blighting influence on the surrounding property or neighborhood
or the Village in general.
(5)
Location of compost bins.
(a)
All compost bins shall be located not less than three feet from
a property line or principal building or dwelling and three feet from
any detached accessory building.
(b)
A variance from these setback requirements may be applied for
if the property owner(s) can show a hardship exists which prohibits
compliance. In addition, any variance application must include a signed
written approval of the variance request from the adjacent property
owner(s). Variances can be granted by the Building Inspector on an
annual basis upon the proper application being submitted by the property
owner(s). Screening and/or fencing of compost bins may be required
as a condition of a variance being granted.
(7)
Those composting bins which existed prior to the adoption of this
section shall be given one year to comply with the requirements set
forth herein.
E.
Owner responsibility. Every owner or operator shall be responsible
for maintaining all property under his or her control in accordance
with the requirements of this section.
A.
Discharge. No person shall cause, allow or permit any roof drain,
surface drain, subsoil drain, drain from any mechanical device, gutter,
ditch, pipe, conduit, sump pump or any other object or thing used
for the purposes of collecting, conducting, transporting, diverting,
draining or discharging clear water from any part of any private premises
owned or occupied by said person to discharge into a sanitary sewer.
B.
Nuisance. The discharge into a sanitary sewer from any roof drain,
surface drain, subsoil drain, drain from any mechanical device, gutter,
ditch, pipe, conduit, sump pump or any other object or thing used
for the purposes of collecting, conducting, transporting, diverting,
draining or discharging clear water from any part of any private premises
is hereby declared to be a public nuisance and a hazard to the health,
safety and well-being of the residents of the Village and to the protection
of the property.
C.
Groundwater. Where deemed necessary by the Village Board, every house
shall have a sump pump installed for the purpose of discharging clear
waters from foundation drains and ground infiltration and where the
building is not serviced by a storm sewer shall either discharge into
an underground conduit leading to a drainage ditch, gutter, dry well
or shall discharge onto the ground surface in such other manner as
will not constitute a nuisance as defined herein.
D.
Stormwater. All roof drains, surface drains, drains from any mechanical
device, gutters, pipe, conduits or any other objects or things used
for the purpose of collecting, conducting, transporting, diverting,
draining or discharging stormwaters shall be discharged either to
a storm sewer, a dry well, an underground conduit leading to a drainage
ditch or onto the ground surface in such other manner as will not
constitute a nuisance as defined herein.
E.
Storm sewer lateral. Where municipal storm sewers are provided and
it is deemed necessary by the property owner and/or the Village to
discharge clear waters from a parcel of land, a storm sewer lateral
shall be installed and connected to the storm sewer main at the expense
of the owner.
F.
Conducting tests. If a designated Village agent suspects an illegal
clear water discharge as defined by this chapter or by any other applicable
provision of the Wisconsin Administrative Code as it may, from time
to time, be amended, he may, upon reasonable notice and at reasonable
times, enter the private premises where such illegal clear water discharge
is suspected and conduct appropriate tests to determine whether such
suspected illegal clear water discharge actually exists.
