(a) Purpose.
(1) General Intent.
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 Edgar, adversely impacting the public health and safety. Except as provided in Section 8-1-5, the owner or occupant of any lot or parcel in the Village which is one (1) acre or less in area around a residence shall install and maintain landscaping, plantings and other decorative surface treatments, including turf grass, so as to present an attractive appearance in all yard areas in accordance with generally accepted landscaping practices in Wisconsin. Plantings shall be maintained so as not to present hazards to adjoining properties or to persons or vehicles traveling on public ways and shall be maintained so as to enhance the appearance and value of the property on which located and thereby the appearance and value of the neighborhood and the Village of Edgar.
(2) Definitions.
The terms used in this Section and Section 8-1-5.
a. Turf Grass. Grass commonly used in regularly cut lawns or play areas such as, but not limited to, blue grass, fescue and rye grass blends.
b. Natural Lawn. Any land managed to preserve or restore native Wisconsin grasses and forbes, native trees, shrubs, wildflowers and aquatic plants.
(b) Public Nuisance Declared.
(1) Occupied Residential Lots.
The Village Board finds that lawns, grasses and noxious weeds on non-agricultural occupied residential lots or parcels of land one (1) acre or under around a residence, as classified under the Village Zoning Code, within the Village of Edgar which exceed eight (8) 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 non-agricultural lawn, grasses or weeds on an occupied residential lot or other parcel of land one (I) acre or under in size which exceeds eight (8) 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 Section 8-1-5 above.
(2) Vacant or Undeveloped Lots.
a. Grasses and weeds on vacant lots shall be maintained to the eight (8) inch height standard of this Section in the area of the lot within ten (10) feet of a sidewalk, or where there is no sidewalk within twenty (20) feet of the street edge.
b. If a vacant lot is adjacent to a developed and occupied lot, the entire vacant lot shall be maintained to the eight (8) inch weeds and grasses height standard.
(3) Commercial Lots.
In the case of commercial parcels, the owner of the parcel shall comply with the eight (8) inch height restrictions of this Section in the area of the parcel from the street to the back side of the building (if present) or for a distance of one hundred (100) feet, whichever is less restrictive.
(c) Nuisances Prohibited. No person, firm or corporation shall permit any public nuisance as defined in Subsections (a) or (b) above to remain on any premises owned or controlled by him/her within the Village of Edgar.
(d) Inspection. A Village representative will inspect lawns when a complaint is received or notice given by a Village official to determine whether any public nuisance as defined in Subsection (b) above exists.
(e) Abatement of Nuisance.
(1) If the Village official determines with reasonable certainty that any public nuisance as defined in Subsection (b) above exists, he/she shall notify the Village Administrator who in turn will send out written notice to the property owner, or tenant if the owner is unknown, to have the lot grass or lawn cut so as to conform with this Section and Section 8-1-5.
(2) The notice shall be served at least five (5) days prior to the cutting of the lawn.
(f) Due Process Hearing.
(1) If the owner believes that his/her grasses or weeds are not a nuisance, he/she may request a hearing before the Village Board. The request for said hearing must be made in writing to the Village Administrator's office within the five (5) day period that the notice was sent. Upon application for the hearing, the property owner shall deposit a One Hundred Dollar ($100.00) bond. If a decision is rendered in the property owner's favor, the One Hundred Dollar ($100.00) 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. The property in question will not be mowed by the Village of Edgar or designee/ contractor until such time as the hearing is held by the Village Board.
(2) 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/her 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 of Appeals determines that a public nuisance did exist, the Village Board shall order the Village or a person or company designated by the Village to mow the property in question unless the property has been mowed by the owner within seventy-two (72) hours of the Village Board's decision. If the owner does not abate the nuisance within the prescribed seventy-two (72) hours, the Weed Commissioner or other Village representative shall cause the same nuisance to be abated and cost in excess of the forfeited fee billed or assessed accordingly. [See Subsection (g).]
(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/her 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/her failure to abate the nuisance within the prescribed time, the Village shall abate the same and the cost thereof shall be assigned to the property owner as a special charge. In addition, the Village may also cause a citation to be issued for failure to comply with this Section.
(2) The Village shall cut, or cause to be cut by its agent, all grass and weeds from the subject's property and shall charge the expenses of so doing at a rate as established by the Village Board. Such charge shall be comprised of all costs associated with the mowing, plus a surcharge for Village administrative costs. The property owner shall also be responsible for any equipment repair costs incurred by the Village while mowing on the property. The charges shall be set forth in a statement to the Village Administrator 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 thirty (30) days thereafter, the Village Administrator 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 Sec. 66.615(3)(f), Wis. Stats.
(h) Definition. For purposes of this Section, "Village official" shall mean any member of the Public Works Department, a law enforcement officer, Building Inspector, Zoning Administrator, Village Administrator or Weed Commissioner of the Village of Edgar.