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(a) Natural Lawns Defined. "Natural landscape" as used in this Section shall include common species of grass and wild flowers native to North America which are designed and purposely cultivated to exceed eight (8) inches in height from the ground. Specifically excluded in natural lawns are the noxious grasses and weeds identified in Section 8-1-4 of this Chapter. The growth of natural landscaping on non-agricultural parcels in excess of eight (8) inches in height from the ground surface shall be prohibited within the Village of Edgar corporate limits unless a Natural Lawn Management Plan is approved and a permit is issued by the Village as set forth in this Section. Natural landscaping shall not contain litter or debris and shall not harbor undesirable wildlife, vermin or pests.
(b) Natural Landscape Management Plan Defined.
(1) Natural Landscapte Management Requirements.
Natural Landscape Management Plan as used in this Section shall mean a written plan relating to the management and maintenance of a natural landscape which contains the street address or a legal description of the property where the proposed natural landscape is being requested, and which would exceed eight (8) inches, 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.
(2) Permitted Submittal Party.
a. Property owners who wish to plant and cultivate a natural landscape must submit their written plan and related information to the Village of Edgar. "Property Owner" shall be defined to include the legal title holder and/or the beneficial owner of any such lot according to most current Village records. Natural Landscape Management Plans shall only indicate the planting and cultivating of natural landscapes on property legally owned by the property owner.
b. Applicants are strictly prohibited from developing a natural landscape on any Village-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 ten (10) feet adjacent to the street where there is no sidewalk whether the area is under public or private ownership.
(3) Natural landscapes shall not be permitted within five (5) feet of the side or rear setback to an abutting property owner's land 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 filed with the Village Administrator. Such waiver may be revoked, in writing, by the abutting property owner at a later time, a copy to be filed with the permittee and the Village Administrator.
(4) All drainage swales shall be free of plantings and maintained in accordance with Section 8-1-4 above. In addition, a five percent (5%) area exclusive of the setback area shall be left open for maintained paths. The setback area shall have a height of no more than eight (8) inches, excluding trees and shrubs.
(5) Any subsequent property owner who abuts an approved natural landscape may revoke the waiver thereby requiring the owner of the natural landscape to remove the natural lawn that is located in the ten (10) foot section abutting the neighboring property owner. Such revocation shall be put in writing and presented to the Village Administrator by the subsequent abutting property owner. Upon receiving the written request to revoke the original waiver, the Village Administrator shall contact the owner of the approved natural landscape and direct the owner to remove the natural landscape located in the ten (10) foot section abutting the neighboring property owner. The Village Administrator shall revise the approved Natural Lawn Management Permit accordingly. The owner of the approved landscape lawn shall be required to remove the ten (10) foot section abutting the neighboring property owner within twenty (20) days of receipt of the written notification from the Village provided the notification is received sometime between May 1 and November 1. Property owners who receive notification from the Village between November 1 and April 30 shall be required to remove the ten (10) 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 landscape shall file an application with the Village Administrator. The completed application shall include a Natural Landscape Management Plan. Upon submitting a completed application, a fee as prescribed in Section 1-3-1 will be assessed by the Village. Upon receiving payment, copies of the completed application shall be mailed by the Village to each of the owners of record, as listed in the Office of the Village Assessor, who are owners of the property situated wholly or in part within three hundred (300) feet of the boundaries of the properties for which the application is made. If within fifteen (15) calendar days of mailing the copies of the complete application to the neighboring property owners the Village receives written objections from fifty-one percent (51%) or more of the neighboring property owners, the Village Administrator shall deny the application. Neighboring property owners shall be defined as all those property owners who are located within three hundred (300) feet of the proposed natural landscape site.
(2) If the property owner's application is in full compliance with the Natural Landscape Management Plan requirements and less than fifty-one percent (51%) of the neighboring property owners provide written objections, the Village Administrator may issue permission to install a natural landscape. Such permit shall be valid for two (2) years. Permit renewals shall follow the procedures in this Section.
(d) Application for Appeal. The property owner may appeal the Village Administrator's decision to deny the natural lawn permit request to the Village Board at an open meeting. All applications for appeal shall be submitted within fifteen (15) calendar days of the notice of denial of the Natural Lawn Management Plan. The decision rendered by the Village Board shall be final and binding.
(e) Prohibited Plant Species. The following noxious grasses or weeds will not be allowed in a natural landscape area:
Common Name(s)
Buckthom
Burdock (Yellowdock)
Field Bindweed (Wild Morning Glory)
Garlic Mustard
Goatsbeard (Oyster Plant, Salsify)
Leafy Spurge
Marijuana Nettle
Oxeye Daisy
Pigweed (Lambs Quarters)
Pigweed (Amaranth)
Poison Ivy
Quackgrass Ragweed (Common)
Ragweed (Great)
Spotted Knapweed
Thistle Bull
Thistle Canada
Thistle Musk or Nodding Thistle Star (Caltrops)
Thistle Sow (Field)
Thistle Sow (Common)
Thistle Sow (Spiny Leaved)
Sweet Clover (Yellow)
Sweet Clover (White)
Yellow Mustard (Yellow Rocket (Winter Cress)
Japanese Bamboo
Wild Mustard
Latin Name(s)
Rhamnus Cathartica Rhamnus Frangula Artium Lappa Convolvulus Arvensis Alliaria Petiolata Tragopogon Porrifolius Euphorbia Esula Cannabis Sativa
Urtica Dioica
Chrysanthemum Leucanthemu Chenopodium Album Amaranthus Retroflexus
Rhus Radicans Bromus Brizaeformis Ambrosia Artemisifoia Ambrosia Trifida Centaurea Maculosa Cirsium Vulgare Cirsium Arbense Carduus Nutans Centaurea Calicitrapa Sonchus Arvensis Sonchus Oleraceus Sonchus Asper Melilotus Officinalis Melilotus Alba Barbarea Vulgaris
(f) Safety Precautions For Natural Grass Areas.
(1) When, in the opinion of the Fire Chief of the Department serving the Village of Edgar, the presence of a natural landscape may constitute a fire or safety hazard due to weather and/or other conditions, the Fire Chief may order the cutting of natural landscapes to a safe condition. As a condition of receiving approval of the natural landscapes permit, the property owner shall be required to cut the natural lawn within the three (3) days upon receiving written direction from the Fire Chief.
(2) Natural landscapes shall not be removed through the process of burning unless stated and approved as one of the management and maintenance techniques in the Landscape Management Plan, and appropriate Village open burning permits have been obtained. The Fire Chief shall review all requests to burn natural landscapes and shall determine if circumstances are correct and all applicable requirements have been fulfilled to insure public safety. Burning of natural landscapes 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 landscapes, thereby insuring the public safety. In addition, the property owner requesting permission to burn the natural landscapes shall produce evidence of property damage and liability insurance identifying the Village of Edgar as a named party insured. A minimum amount of acceptable insurance shall be Three Hundred Thousand Dollars ($300,000.00).
(g) Revocation Of An Approved Natural Landscape Management Plan Permit. The Weed Commissioner, Building Inspector, Zoning Administrator, Village Administrator or Jaw enforcement officer shall have the authority to revoke an approved Natural Landscape Management Plan Permit if the owner fails to maintain the natural landscape or comply with the provisions set forth in this Section. Notice of intent to revoke an approved Natural Landscape Management Plan Permit shall be appealable to the Village Board. All applica- tions for appeal shall be submitted within fifteen (15) calendar days of receipt of the written Notice of Intent to revoke the approved Natural Landscape Management Plan. Failure to file an application for appeal within the fifteen (15) calendar days shall result in the revoking of the Natural Landscape Management Plan Permit. All written applications for appeal filed within the fifteen (15) calendar day requirement shall be reviewed by the Village Board in an open meeting. The decision rendered by the Village Board shall be final and binding.
(h) Public Nuisance Defined - Abatement After Notice.
(1) The growth of a natural landscape as defined in this Section shall be considered a public nuisance unless a Natural Landscape Management Plan has been filed and approved and a permit is issued by the Village of Edgar 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 ten (I 0) 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 ten (10) calendar days from receipt thereof. Within sixty (60) days after such costs and expenses are incurred and remain unpaid, the Village Administrator shall enter those charges onto the tax roll as a special tax as provided by state statute.
(3) The failure of the Village Administrator 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 Village expense on the tax rolls for unpaid bills for abating the public nuisance as provided for in this Section.
(i) Penalty.
(1) Any person, firm or corporation which does not abate the nuisance within the required time period or who otherwise violates the provisions of this Section shall be subject to the general penalty found in Section 1-1-6.
(2) In addition to any penalties herein provided, the Village of Edgar may issue stop work orders upon owners of lots where work is unfinished under a previously issued permit for any violation of this Section.
(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.
(a) When Required. Whenever a sewer or watermain becomes available to any building used for human habitation, the owner of the property upon which the building is located shall connect the building to such main or mains in the manner prescribed by law, except the Village Board may defer connection to such water or sewer main or mains for those properties which have existing operable septic systems or wells or whose construction was permitted by the Village of Edgar.
(b) Notice; Payment.
(1) The owner of any parcel of land adjacent to a water or sewer main upon which there exists a need for water supply, or sewer service, whether now or in the future, and for whatsoever reason, or in a block through which such system is extended shall connect the available water or sewer main/system within one hundred eighty (180) days of notice in writing from the Village to so connect. Upon failure to do so, the Village of Edgar may cause such connection to be made and billed to the property owner for such costs. Such costs may include, without limitation, the cost of disconnecting any private wells so as to provide for adequate cross-connection controls within the municipal water system. If such costs are not paid within thirty (30) days of billing to the property owner by the Village, such costs shall be assessed as a special tax lien against the property; however, that the owner may, within thirty (30) days after the completion of the work, file a written option with the Village Administrator stating that he/she cannot pay such amount in one (1) sum and ask that there be levied in not to exceed five (5) equal installments and that the amount shall be so collected with interest at the rate of twelve percent (12%) per annum from the completion of the work, the unpaid balance being a special tax lien, all pursuant to Sec. 144.06, Wis. Stats.
(2) In lieu of the above, the Village of Edgar, at its sole option, may impose a penalty for the period that the violation continues, after ten (10) days written notice to any owner failing to make a connection to the municipal water or sewer system in an penalty amount to be as great as the current average residential user cost plus ten percent (10%) interest for administrative costs per month for each residential unit equivalent for the period in which the failure to connect continues, and upon failure to make such payment said charge shall be assessed as a special tax lien against the property, all pursuant to Sec. 144.06, Wis. Stats.
(3) This Section ordains that the failure to connect to the water or sewer system is contrary to the minimum health standards of said Village and fails to assure preservation of public health, comfort, and safety of the Village of Edgar.
(c) Building Inspector May Cause Connection at Expense of Owner. In the alternative to Subsection (b), the owner or his/her agent fails to comply with the notice of the Building Inspector within ten (10) days of service or mailing thereof, the Building Inspector may cause connection to be made and the expense thereof shall be assessed as a special charge against the property.
(d) Privies, Cesspools, Etc., Prohibited After Connection With Sewer. After connection of any building used for human habitation to a sewer main, no privy, cesspool or waterless toilet shall be used in connection with such human habitation.
(a) Inspections.
(1) Whenever the Building Inspector, Fire Inspector, Zoning Administrator, or other authorized Village official shall, upon inspection of any premises within the Village of Edgar finds that there is deposited, placed, stored or remaining on said premises any garbage, junk, rubbish, rubble, trash, construction materials, rotting yard and orchard waste, merchandise or parts, accumulation of grease or food wastes in a grease trap or other place or depository which presents a risk of clogging or blocking a sewer system, or any other unhealthy, hazardous or unsightly materials or thing which create a fire or health hazard, or which is detrimental to the appearance, neatness and cleanliness of the immediate neighborhood or the Village of Edgar in general, such official shall issue his/her written order to the owner and/or occupant of the premises to remove such offending items.
(2) Said written order shall provide that such removal shall be accomplished within ten (10) days after service of said order upon the owner or occupant of the premises involved. Such written order, in addition to specifying and describing the material or things to be removed, shall also set forth on the face thereof the provisions of Subsection (b).
(3) Prosecution of violators under this Section shall not preclude other enforcement actions allowed by law, including other actions under this Code of Ordinances.
(b) Appeal. Any person aggrieved by an order of a Village official under this Section may, within thirty (30) days from the date of such order, request a hearing before the Village Board. The request for said hearing must be made in writing to the Village Administrator's office within thirty (30) days of the date of said order. The Village Board shall hold a hearing within seven (7) days from the date of the aggrieved party's request. The Village shall take no abatement action until such time as the requested hearing is held, except when necessary to remove a human health hazard in accordance with Subsection (e). At the hearing, the person aggrieved may appear in person and/or by attorney and may subpoena, present and cross-examine witnesses. At the close of the hearing, the Village Board shall make its determination in writing specifying its findings of facts and conclusions. If the Village Board determines that a public nuisance did exist, the Village Board may order the Village to proceed under Subsection (e), (f) and/or (h) of this Section.
(c) Exceptions. Nothing contained in this Section shall be construed to prohibit the depositing of rubbish, rubble, junk, trash, abandoned, outmoded or nonsalable merchandise or parts or unsightly materials or things which are:
(1) Lawfully sited pursuant to the Village Zoning Code and operated in a manner not constituting a nuisance; or
(2) Temporarily deposited due to an emergency; or
(3) Materials during construction; or
(4) Collected and piled for immediate collection and disposal by the Village or by a private service.
(d) Nonconforming Uses. It shall not be a defense to the provisions of this Section that the owner or occupant of the premises involved has a nonconforming use, but the provisions of this Section shall be complied with notwithstanding that the owner or occupant of any given premises is using or occupying such premises under a valid nonconforming use.
(e) Abatement by Village. If the inspecting officer determines that said nuisance is a human health hazard, as defined in Sec. 254.01, Wis. Stats. and Section 8-1-2 of this Code of Ordinances, and is not abated within the time provided in Subsection (a), and there has been no appeal as set forth in Subsection (b), the officer shall file a written report of his/her findings with the Village Board, and the Village Board may abate the nuisance pursuant to Section 8-1-2, Section 10-5-8 and/or Title 11, Chapter 6 of this Code of Ordinances.
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