[HISTORY: Adopted by the Village Board of
the Village of Belgium 11-21-1991 by Ord. No. 16-91 as Secs. 8-1-4
and 8-1-5 of the 1991 Code. Amendments noted where applicable.]
A.
The Village Clerk 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.
[Amended 3-8-2010 by Ord. No. 2-10]
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 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 hay fever in human beings or would cause a skin rash through
contact with the skin.
(1)
Noxious weeds, as defined in this section and in § 100-2, 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
§ 100-5, shall include but not be limited to the following:
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Agrostia alba (Redtop)
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Dactylis glomerata (Orchard)
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Phleum pratensis (Timothy)
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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 10 inches in height)
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Milkweed (over 10 inches in height)
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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.
[Amended 1-12-2004 by Ord. No. 3-04]
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's office within the five days set forth in the
Weed Commissioner's notice.
[Amended 3-8-2010 by Ord. No. 2-10]
(1)
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.
(2)
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.
(3)
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 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 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 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.
[Amended 3-8-2010 by Ord. No. 2-10]
