[HISTORY: Adopted by the Town Board of the
Town of Trenton as indicated in article histories. Amendments noted
where applicable.]
[Adopted 11-7-1989 as § 8-2-8 of the 1989 Code]
In order to promote the public safety, health,
welfare and enjoyment of public travel, to preserve and enhance the
scenic beauty of lands bordering public highways, and to promote prosperity,
economic well-being and the general welfare of the Town of Trenton,
it is hereby declared to be in the public interest to regulate and
restrict the storage and parking of accumulated junk, motor vehicles,
appliances and parts thereof that constitute a public nuisance. This
article is not intended to create undue hardship to any area within
the Town.
No person, firm, or corporation shall park, store, leave, or permit the parking or storing of accumulated junk, inoperable motor vehicles, appliances or parts thereof of any kind which are in an abandoned, wrecked, dismantled, partially dismantled, rusted, or inoperative condition or which are not currently registered or licensed to the owner or occupant or family member of the owner of property within the Town contrary to the declaration of purpose in § 302-1.
Terms used in this article are defined as follows:
A collection or increase in quantity or number that creates
an unsightly heap or mass contrary to the declaration of purpose as
stated in this article or that constitutes a junkyard.
Any stove, washer, dryer, refrigerator or other appliance
which is no longer operable in the sense for which it was manufactured.
An establishment or property which is maintained, used, or
operated for storing, keeping, buying or selling wrecked, scrapped,
ruined, or dismantled motor vehicles or motor vehicle parts. Ten or
more such vehicles constitute an automobile graveyard.
To strip of equipment or to take apart.
A junkyard which is established, expanded, or maintained
in violation of Town of Trenton ordinances and is not in strict conformity
with § 175.25(2), (3), (4) and (5), Wis. Stats.
In such a state of physical or mechanical ruin as to be incapable
of propulsion, or which is otherwise not in safe or legal condition
for operation due to missing parts, or is not currently registered
or licensed for operation on public highways.
Any old scrap metal, iron, alloy, synthetic material or any
junked, ruined, dismantled, inoperable, or wrecked motor vehicle,
machinery or parts thereof.
Any place which is owned, operated, or used for storing,
keeping, processing, buying or selling junk, including automobile
graveyards, scrap metal processors, auto wrecking, auto recycling,
salvage yards, used parts yards and temporary storage of motor vehicle
bodies or parts waiting disposal.
Any vehicle which is self-propelled by a combustion engine
or motor.
This article shall not apply to:
A.
Any vehicle enclosed within a building on private
property, provided that such storage does not constitute a fire or
safety hazard.
B.
Any vehicle, equipment, or appliance kept in connection
with a business enterprise properly operated in full compliance with
ordinances of the Town of Trenton and maintained in such a way as
not to constitute a public nuisance.
C.
Any motor vehicle in operable condition specifically
adapted or designed for operation on drag strips or raceways not exceeding
one vehicle per parcel.
D.
Any currently registered vehicle which is in the process
of being repaired by its owner or a family member on property of the
owner or occupant, provided that the time for such outdoor repair
shall not exceed 30 days.
E.
Situations where the Town Board or Chief of Police
issues temporary permits with a possible thirty-day extension to comply
with this article where exceptional facts and circumstances warrant
such extension.
A.
Whenever the Town Board, Town Chief of Police, Building
Inspector or other law enforcement officer shall find probable cause
as to violations described herein upon private property within the
Town, the owner and/or occupant of said property on which violations
are apparent shall be notified of such violations of this article.
B.
If such violations are not abated within 20 days from
the date of notice, this may be cause to be issued a citation to the
property owner and/or the occupant of said property.
C.
The Town shall have any and all other remedies afforded
by the Wisconsin state statutes for removal and to bring into compliance
said properties found to be in violation of this article, in addition
to the forfeitures and cost of prosecution (§§ 66.0139
and 175.25, Wis. Stats.).
D.
Any costs incurred under provisions provided in Subsection C above by the Town shall be recovered from the owner and/or occupant. However, if the owner of any vehicle, appliance or accumulation of junk 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, pursuant to § 66.0627, Wis. Stats.
E.
Each day that an accumulation of vehicles, appliances
or junk as herein defined shall be parked or stored contrary to the
provisions hereof shall constitute a separate and distinct offense.
[Adopted 11-7-1989 as §§ 6-1-2 to 6-1-4
of the 1989 Code]
A.
The Town 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 Town 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 Town 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(2), Wis. Stats.,
the Town 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 Town 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 § 302-9, 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 § 302-9, 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 halepensei (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.
Natural lawns 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 12 inches in height from the ground. Specifically excluded in natural lawns are the noxious grasses and weeds identified in § 302-7 of this article. The growth of a natural lawn in excess of 12 inches in height from the ground surface on any parcel zoned residential shall be prohibited within the Town corporate limits unless a natural lawn management plan is approved and a permit is issued by the Town 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 lawn upon which the
planted grass will exceed 12 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.[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 Town. "Property owner" shall be defined
to include the legal title holder and/or the beneficial owner of any
such lot according to most current Town 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 Town-owned
property, including street or road rights-of-way. This shall include
at a minimum 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 Town Clerk by the subsequent
abutting property owner. Upon receiving the written request to revoke
the original waiver, the Town 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 Town Board shall revise the approved natural lawn management
plan 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 Town, provided that the notification is received sometime
between May 1 and November 1. Property owners who receive notification
from the Town 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 Town Clerk. The completed application shall
include a natural lawn management plan. Upon submitting a completed
application, a nonrefundable filing fee as shown on the schedule of
deposits, bonds and fees will be assessed by the Town. Upon receiving
payment, copies of the completed application shall be mailed by the
Town to each of the owners of record, as listed in the office of the
Town 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 Town receives written objections from 51% or more of the neighboring
property owners, the Town Clerk 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.
D.
Application for appeal. The property owner may appeal
the Town Clerk's decision to deny the natural lawn permit request
to the Town 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
Town Board shall be final and binding.
E.
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 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 Town 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 Town Chairperson, 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 Town 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 fifteen-calendar-day
requirement shall be reviewed by the Town Board in an open meeting.
The decision rendered by the Town 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 Town
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 Town Clerk shall enter those charges onto the tax roll
as a special tax as provided by state statute.
(3)
The failure of the Town Clerk 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 Town 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 Town of Trenton.
B.
Public nuisance declared. The Town Board finds that lawns, grasses and noxious weeds on nonagricultural lots or parcels of land, as classified under Chapter 380, Zoning, of this Code, within the Town of Trenton 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 Town. 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 § 302-8 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 Town.
D.
Inspection. The Weed Commissioner or a sworn Trenton police officer or his/her designee shall inspect or cause to be inspected all premises and places within the Town to determine whether any public nuisance as defined in Subsection B above exists.
[Amended 9-15-2009 by Ord. No. 2009-09-01]
E.
Abatement of nuisance.
(1)
If the Weed Commissioner or a sworn Trenton police officer 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 Town proposes to have the lot grass or lawn cut so as to conform to this section and § 302-7.
[Amended 9-15-2009 by Ord. No. 2009-09-01]
(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/she is not known and there
is a tenant occupying the property, then on the tenant, of the time
and place at which the hearing will be held.
F.
Due process hearing. If the owner believes that his/her
grasses or weeds are not a nuisance, he/she may request a hearing
before the Town Board. The request for said hearing must be made in
writing to the Town Clerk's office within the five days set forth
in the Weed Commissioner's or a sworn Trenton police officer's notice.
Upon application for the hearing, the property owner must deposit
a bond in an amount as shown in the schedule of deposits, bonds and
fees. If a decision is rendered in the property owner's favor, the
bond 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 Town personnel abating the nuisance, if necessary. When
a hearing is requested by the owner of the property, a hearing by
the Town 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
Town until such time as the hearing is held by the Board. 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 Town as well as subpoena witnesses for his/her own case. At
the close of the hearing, the Town Board shall make its determination
in writing specifying its findings, facts, and conclusions. If the
Town Board determines that a public nuisance does 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 Town 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.
[Amended 9-15-2009 by Ord. No. 2009-09-01]
G.
Town's option to abate nuisance. In any case where
the owner, occupant or person in charge of the property shall fail
to cut his/her lawn, grass or weeds as set forth above, then and in
that event the Town 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/her failure to abate the nuisance within the prescribed time, the Town shall abate the same and the cost thereof shall be assessed to the property owner as a special charge.
(2)
The Town 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 Town Board.
The charges shall be set forth in a statement to the Town 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 Town 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.
