TO ALL PERSONS WHO OWN, OCCUPY OR CONTROL LAND IN THE VILLAGE OF WESTON, MARATHON COUNTY, WISCONSIN.
Section 66.0407, Wisconsin Statutes, requires all Canada Thistle, Leafy Spurge, Field Bindweed (Creeping Jenny) be destroyed before blooming.
Additionally, the Village requires owners or tenants to control plants and other noxious weeds as defined in Sec. 50.102(11)(b) of Village Ordinances growing on their lands as follows:
Sec. 50.102 (11)(b)(i). Mowing required. Lawns which exceed eight (8) inches in length adversely affect the public health and safety, including, but not limited to, producing hay fever, emitting pollen and other discomforting bits of plants, concealing filthy deposits, providing a place for the accumulation of trash or litter, creating a fire hazard and adversely affecting property values within the Village. For these reasons, any lawn which exceeds eight (8) inches in length is hereby declared to be a public nuisance. In order to prevent such public nuisance, it shall be the duty of every person who owns, occupies or controls land within the Village to mow or cause to be mowed said lawn so that it never exceeds eight (8) inches in length. This mowing requirement does not apply to those portions of a lot or parcel that are located in a designated flood plain, wetland area, or undeveloped lot; however, where public sidewalks or multi-use paths are present, the property owner shall mow, or cause to be mowed, the portion of the lawn from the street to four feet beyond the right-of-way boundary and where an on-street multi use path is present, the property owner shall mow or cause to be mowed a strip no less than 4 feet wide from the edge of the street toward the property line..
Sec. 50.102(11)(b)(ii). Mowing by Village. Notice to Owner of Record by Mail. The Weed Commissioner shall send a notice of violation/abatement order by mail to the owner of record of any land which is in violation of this section. Said notice of violation/abatement order shall order the owner of record, occupier and/or person in control of the land to immediately abate the nuisance or provide written notice to the Village Administrator of the reasons for objecting to the notice of violation/abatement order by a specified date and time, not to exceed seven (7) days. If the nuisance is not abated and no timely objection is received by the Village Administrator, the Weed Commissioner may mow or have mowed said lawn to meet the requirements of this section. The Weed Commissioner or his/her designee are expressly authorized to enter upon the private property for such abatement purposes. All costs associated with mowing shall be placed on the tax roll of said land as a special charge. In addition, any person who is in violation of this section shall be subject to a forfeiture as set forth in sec. 1.111. Due Process Hearing. If the owner, occupier and/or controller of the land subject to a notice of violation/abatement order contends that his/her lawn is not a nuisance, as defined in this section, he/she may object to the notice of violation/abatement order and request a hearing before the Plan Commission. The objection and request for hearing must be made in writing to the Village Administrator by the specified date and time identified in the notice of violation/abatement order. The objection and request for hearing shall include payment of a one hundred dollar bond ($100). If a decision is rendered in favor of the owner, occupier and/or controller of the land, the one hundred dollars ($100) will be returned. If the owner, occupier and/or controller of the land fails to appear for the hearing, or if the decision is rendered against him/her, the deposit shall be forfeited and applied to the cost of abating the nuisance. When a hearing is requested to challenge a notice of violation/abatement order, the hearing shall be held within fourteen (14) days from the date of the objection and request for hearing is received by the Village Administrator. At the hearing, the owner, occupier and/or controller of the land may appear in person or by his/her attorney, may present witnesses and may cross-examine witnesses as well as subpoena witnesses for his/her own case. At the close of the hearing, the Plan Commission shall make its determination in writing specifying its findings of fact and conclusions. If the Plan Commission determines that a nuisance exists on the land at issue, the Plan Commission shall order the Weed Commissioner and/or his/her designee to mow the lawn in question unless the owner, occupier and/or controller of the land abates the nuisance within forty-eight (48) hours of the Plan Commission’s decision.
VILLAGE OF WESTON
Mark Maloney, President
Published in the April 24, 2023, and May 8, 2023, editions of the Wausau Daily Herald.