[HISTORY: Adopted by the Common Council of the City of Glenwood
City as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 168.
Building construction — See Ch. 184.
Fires and fire prevention — See Ch. 230.
Hazardous materials — See Ch. 245.
Health and sanitation — See Ch. 249.
Nuisances — See Ch. 302.
Solid waste — See Ch. 360.
Trees and shrubs — See Ch. 378.
Abandoned vehicles — See Ch. 390.
[Adopted 12-1-2003 by Ord. No. 2003-02 as §§ 8-1-4 to
8-1-6 of the 2003 Code]
A.
The City 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 City 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 City 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
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 on 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 lot and be
collected as a special tax thereon.
C.
As provided for in § 66.0407(1)(a), Wis. Stats., the City
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 City corporate limits
excluding property zoned A-1. 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 § 323-3, 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 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 (curled 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 § 323-3, shall include but not be limited to the following:
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Agrostis alba (Redtop)
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Poa pratensis (Kentucky Blue)
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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 8 inches in height)
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Milkweed (over 8 inches in height)
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A.
Natural lawn 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 § 323-1 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 City corporate limits unless a natural lawn management plan is approved and a permit is issued by the City 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.
(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 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 vegetation types,
plants and plant succession involved, and the specific management
and maintenance techniques to be employed.[1]
(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 City. "Property owner" shall be defined to include the legal
title holder and/or the beneficial owner of any such lot according
to most current City 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 City-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.
(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 City Clerk-Treasurer by the subsequent
abutting property owner. Upon receiving the written request to revoke
the original waiver, the Common Council 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 Common Council 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
City, provided that the notification is received sometime between
May 1 and November 1. Property owners who receive notification from
the City 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.[2]
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 City Clerk-Treasurer. The completed application shall include
a natural lawn management plan. Upon submitting a completed application,
a nonrefundable filing fee set by the Common Council will be assessed
by the City. Upon receiving payment, copies of the completed application
shall be mailed by the City to each of the owners of record, as listed
in the office of the City 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 calendars
days of mailing the copies of the complete application to the neighboring
property owners the City receives written objections from 51% or more
of the neighboring property owners, the City 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.[3]
(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 City
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 Common Council
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 Common Council 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 City of Glenwood City, 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 natural 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 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 City as a third-party insured. A minimum
amount of acceptable insurance shall be $300,000.
F.
Revocation of an approved natural lawn permit. The Mayor, 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 Common Council. 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 15 calendar days shall result in
the revoking of the natural lawn permit. All written applications
for appeal filed within the fifteen-calendar-day requirement shall
be reviewed by the Common Council in an open meeting. The decision
rendered by the Common Council shall be final and binding.[4]
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 City 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
City Clerk-Treasurer shall enter those charges onto the tax roll as
a special tax as provided by state statute.[5]
(3)
The failure of the City 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 City 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 of this Code.
(2)
In addition to any penalties herein provided, the City 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 City of Glenwood City.
B.
Public nuisance declared. The Common Council finds that lawns, grasses and noxious weeds on nonagricultural lots or parcels of land, as classified under the Zoning Code, within the City of Glenwood City 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 pubic convenience and adversely affect property values of other land within the City. 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 § 323-2 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 City.
D.
Inspection. The Weed Commissioner or his designee shall inspect or cause to be inspected all premises and places within the City 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 to 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.
(3)
In the case where the owner of the property allows lawn, grass, or weeds to exceed eight inches in length a subsequent time after a previous violation in a growing season, the City may exercise its option to abate the nuisance as set forth in Subsection F of this section without further notice or hearing.
[Added 12-6-2007 by Ord.
No. 2007-02]
F.
City'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
City 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 City shall abate the same and the cost thereof shall be assessed to the property owner as a special charge.
(2)
The City shall cut or hire someone to 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 Common Council plus
an administrative fee. The charges shall be set forth in a statement
to the City 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 City
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, Wis. Stats.[1]
[Adopted 12-1-2003 by Ord. No. 2003-02 as § 10-5-8 of the 2003
Code]
A.
No disassembled, inoperable, unlicensed, junked or wrecked motor
vehicles, truck bodies, tractors, 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 City of Glenwood City 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.
B.
If disassembled, dismantled, junked or wrecked motor vehicles are
stored in connection with an automotive sales or business enterprise,
nevertheless, when in the opinion of the Common Council of this City
any storage of said vehicles is visibly offensive, a breeding place
for rodents, an attraction for small children or otherwise detrimental
to the public safety and welfare, the Common Council may consider
such use a nuisance under this Code of Ordinances.
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.
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, 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 City. Also excepted are motor
vehicles registered pursuant to §§ 341.265 and 341.266,
Wis. Stats. In other situations the Common Council 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, vehicle parts
or tires, or appliances, as described herein, placed or stored in
the open upon private property within the City, 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 §§ 390-3 through 390-6 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, plus an administrative fee, which charges shall be entered as a special charge on the tax roll.[1]
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.
