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WEEDS
§ 93.025 WEED AND GRASS ELIMINATION.
   (A)   Any weeds, whether noxious as defined by law or not, and grass growing upon any lot or parcel of land outside the traveled portion of any street or alley in the City of Madison Lake, to a greater height than 6 inches or which have gone or are about to go to seed are a nuisance. The owner and the occupant shall abate or prevent the nuisance on the property and on land outside the traveled portion of the street or alley abutting on the property.
   (B)   Exceptions. Environmental Areas–noxious weeds need not be removed from the following:
      (1)   Native plant areas;
      (2)   Managed areas–rain gardens, and the like;
      (3)   Cliff areas; and
      (4)   Wooded areas.
(Ord. 197, passed 5-18-1998; Am. Ord. 240, passed 5-21-2007; Am. Ord. 2014-14, passed 12-1-2014) Penalty, see § 10.99
§ 93.026 NOTICE.
   When the owner and occupant permit a nuisance weed or grass taller than 6 inches to exist in violation of § 93.025, the city shall serve notice upon the owner of the property if he or she resides in the municipality and can be found or upon the occupant in other cases, by registered or certified mail or by personal service, ordering the owner or occupant to have the weeds cut and removed within 5 days after receipt of the notice and also stating that in case of noncompliance such work will be done by the maintenance superintendent or workers at the expense of the owner and that if unpaid, the charge for the work will be made a special assessment against the property concerned. When no owner, occupant, or agent of the owner or occupant can be found, the provision for notice shall not apply.
(Ord. 197, passed 5-18-1998; Am. Ord. 240, passed 5-21-2007; Am. Ord. 2014-14, passed 12-1-2014)
§ 93.027 REMOVAL BY CITY.
   If the owner or occupant of any property in the city fails to comply with the notice within 5 days after its receipt, or if no owner, occupant, or agent of the owner can be found, the city maintenance workers shall cut and remove the weeds and/or grass. The Maintenance Superintendent or Weed Inspector shall keep a record showing the cost of the work attributable to each separate lot and parcel and shall deliver the information to the City Clerk-Treasurer. Costs shall be rounded up to the nearest hour and billed based off fees established annually by the Council for a worker and equipment.
(Ord. 197, passed 5-18-1998; Am. Ord. 240, passed 5-21-2007; Am. Ord. 2014-14, passed 12-1-2014)
EXTERNAL SOLID FUEL-FIRED HEATING DEVICES
§ 93.030 APPLICABILITY.
   This subchapter applies to all external solid fuel-fired heating devices within the city.
   (A)   This subchapter does not apply to grilling or cooking food using charcoal, wood, propane or natural gas in cooking or grilling appliances.
   (B)   This subchapter does not apply to burning for the purpose of generating heat in a stove, furnace, fireplace, or other heating device within a building used for human habitation.
   (C)   This subchapter does not apply to the use of propane, acetylene, natural gas, gasoline or kerosene in a device intended for heating, construction or maintenance activities.
   (D)   This subchapter does not apply to campfires; a small outdoor fire intended for recreation or cooking but not including a fire intended for disposal of waste wood or refuse.
(Ord. 248, passed 9-15-2008; Am. Ord. 2014-14, passed 12-1-2014)
§ 93.031 DEFINITIONS.
   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   EXTERNAL SOLID FUEL-FIRED HEATING DEVICE. A device designed for external solid fuel combustion so that usable heat is derived for the interior of a building and includes solid fuel-fired stove, solid fuel-fired cooking stoves, and combination fuel furnaces or boiler which burn solid fuel. Solid fuel-fired heating devices do not include natural gas-fired fireplace logs, wood burning fireplaces or wood stoves in the interior of a dwelling.
   PERSON. An individual, partnership, corporation, company or other association.
   STACK or CHIMNEY. Any vertical structure incorporated into a building, or upon an outdoor solid fuel-fired heating device, and enclosing a flue or flues that carry off smoke or exhaust from a solid fuel-fired heating device; especially the part of such a structure extending above a roof.
(Ord. 248, passed 9-15-2008; Am. Ord. 2014-14, passed 12-1-2014)
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