Chapter 25

BRUSH, GRASS AND WEEDS

[HISTORY: Adopted by the Village Board of the Village of Holmen 1-8-1998. Amendments noted where applicable.]

§ 25-1.  Purpose.

This chapter is adopted due to the unique nature of the problems associated with lawns, grasses and noxious weeds being allowed to grow excessive length in the Village. 

§ 25-2.  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 admit 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 weeds, on a lot or parcel of land, which exceed eight inches in length are hereby declared to be a public nuisance, except for property located in a designated floodplain and/or a designated wetland area or where, in the opinion of the Village, is an acceptable natural area. 

§ 25-3.  Nuisances prohibited; persons responsible for prevention; exemption. [Amended 1-14-2010 by Ord. No. 2.09] 

A.     No person, firm or corporation shall permit any public nuisance as defined in § 25-2 above to remain on any premises owned or controlled by him or her within the Village. 

B.     Any street, road or highway right-of-way fronting upon a parcel of land is considered for the purposes of this chapter to be controlled by the owner of such parcel of land, and the owner of such parcel of land is therefore responsible for cutting grasses and weeds within such right-of-way so as to prevent any public nuisance as defined in § 25-2 above from remaining. 

C.     Parcels zoned as A - Agricultural District are exempt from the requirements of this chapter.   

§ 25-4.  Inspection.

The Weed Commissioner or his/her designee shall inspect or cause to be inspected all premises and places within the Village to determine whether any public nuisance as defined in § 25-2 above exists. If the Weed Commissioner is denied entry to the premises, he/she may seek an inspection warrant pursuant to Sec. 66.122, Wis. Statutes. 

§ 25-5.  Abatement of nuisance. [Amended 11-9-2000 by Ord. No. 2.00; 1-14-2010 by Ord. No. 2.09] 

A.     If the Weed Commissioner or his/her designee shall determine with reasonable certainty that any public nuisance as defined in § 25-2 above exists, he/she shall immediately cause notice to be given to the owner of the parcel responsible for preventing any such nuisance from remaining that the owner has five days after the notice is given to have the grasses or weeds cut so as to conform with this chapter. The first time that a public nuisance is determined to exist on a parcel of land, notice to the owner of the parcel shall be in written form, and confirmation of receipt of the notice by the intended recipient shall be verified. Whenever a change of ownership of a parcel of land occurs, the first determination of the existence of a public nuisance to occur after the date the change in ownership occurs shall be considered the first determination for that parcel of land. Any subsequent notices may be given verbally or via telephone, e-mail or any other manner in which receipt of the notice by the intended recipient is reasonably expected to occur. 

B.     In any case where the owner of a property shall fail to cut any grasses or weeds that constitute a public nuisance on any property owned or controlled by him/her within the required five days as set forth above, the Village may elect to cut said lawn, grass or weeds as follows: 

(1)    The Village shall cut or cause to be cut all grass and weeds from the subject's property and shall charge the fee of $200 or actual cost, whichever is greater, to the property owner. If said statement is not paid in full within 30 days thereafter, the Village Clerk shall enter the charge 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. 66.60(16), Wis. Statutes.