Noxious weeds are defined as and shall include:
No owner of property within the City shall permit to grow or pollinate upon his or her property or upon any lands between the lot line of his or her property and the curb or pavement fronting such property any noxious weeds, grasses or brush that may cause or produce hay fever in human beings, produce unpleasant or noxious odors or conceal filthy deposits or provide a place for the accumulation of trash or litter. In order to prevent such growth and pollination, every property owner shall mow or cause to be mowed upon his or her property all weeds and grasses exceeding eight inches in height and all brush exceeding one foot in height. If any owner in the City neglects or fails to cut the same after having been given a seven-day written notice (only one such notice need be issued per property per calendar year, thereafter enforcement action may proceed without prior notice) by the Weed Commissioner or his or her designee, the Weed Commissioner or Weed Commissioner's designee is authorized to enter upon such property and cause the weeds, grasses or brush in violation of this section to be cut or mowed in conformity with this section. Written notice under this section shall be issued to the owner of such property and shall state that such weeds and grasses have exceeded a height of eight inches and that such shall be cut within a time designated by the Weed Commissioner or Weed Commissioner's designee. The notice shall be sent by first-class mail, postage prepaid, to the owner's last known and reasonably ascertainable address.
Exemptions. The height requirement of this section shall not apply to the following:
Zoned agricultural with only one seasonal harvest.
Permit from DNR to grow wild grasses for wildlife.
Review of exemptions. All property exemptions will be reviewed on a case-by-case basis by the Public Works Commission and the Weed Commissioner.
[Amended by Ord. No. 05-29]
Waiver. The Weed Commissioner or Weed Commissioner's designee may waive the provisions of this section in whole or part when, in the Weed Commissioner or Weed Commissioner's designee's opinion, an application for waiver is justified relative to grasses and other plants. A waiver may be granted if the waiver will not cause a detraction from the aesthetics of an area, not create a nuisance, and not otherwise detract from the health, safety and welfare of near and neighboring residents, and for other reasons in the sole judgment of the Weed Commissioner or Weed Commissioner's designee.
This article shall be enforced by the Weed Commissioner or his or her designee.
The fee for mowing or removal of noxious weeds, grasses or brush by the City's Weed Commissioner or Weed Commissioner's designee shall be no less than $500 in each instance of any such expended labor. Any time spent on a property in excess of three hours shall be billed at the rate of $250 per hour. In the event that City equipment is damaged while mowing or otherwise applying an effort to bring property into compliance with this article, the cost to repair the equipment shall be added to the bill. If such fees and/or costs are not paid by November 15 of the year in which they are billed, an administrative fee equal to 10% of the actual cost shall also be charged to the property owner. In the event of nonpayment thereafter, all such charges, costs and fees shall be placed on the tax roll pursuant to § 66.0627, Wis. Stats. The owner of such premises shall also be subject to a forfeiture for violation of this article.