HomeMy WebLinkAboutITEM V _ SAB edits - Ch. 17 Native Plant Laguage Concerns -City of Oshkosh Municipal Code Concerns
Information obtained from City of Oshkosh website on 1/13/2022 and 1/14/2022
Chapter 17 - Morals and Conduct
Section 17-33 - Public Nuisances
The following acts, omissions, places, conditions and things are hereby specifically declared to
be public nuisances affecting the health, safety and welfare of persons within the City of
Oshkosh, but shall not be construed to exclude other health nuisances coming within the
definition of Section 17-32:
(E) CURRENT LANGUAGE:
Noxious Weeds: All noxious weeds and other rank growth or vegetation
Concerns with language here: Not definitive and could be construed to mean anything a
neighbor doesn’t like to see.
(E) SUGGESTED LANGUAGE:
Noxious Weeds: All noxious weeds as defined by Wisc. Secs. 66.0407 and 66.96 and/or
classified as Prohibited or Restricted by the Wisconsin Department of Natural Resources per
Chapter NR 40, Wis. Adm. Code.
Sec. 17-44 - Weed Cutting and Lawn Care
(A) Owner’s Responsibility
The owner of every parcel of land within the City shall cut or cause to be cut all turf grass
in excess of eight (8) inches in length and noxious weeds as defined in 17-33 (E) in upon
said land and in the public right-of-way adjoining said land. Failure to comply may result
in a notice from the (city staff) to come into compliance in no less than thirty (30) days or
be subject to City abatement as written in 17-44 (B).
(B) Uncut Turf Grass and Noxious Weeds; Public Nuisance; Abatement by City
All uncut turf grass and noxious weeds as outlined above is hereby declared to be a
public nuisance and fire hazard and may be cut by the City at its option if the owner fails
to comply with this ordinance. In addition to any other penalty provided in this Code, the
costs thereof, together with an administrative charge applied to the bill, imposed each
time the growth is cut, shall be charged against the property as a special tax.
(C) Exemption
This ordinance shall not apply to appropriate lands cultivated for agricultural purposes or
to native landscaping areas as outlined in paragraph (D) below provided that appropriate
measures shall be taken to eliminate noxious weeds as defined in 17-33 (E). Failure to
eliminate the noxious weeds or otherwise conform to the native landscaping
management plan shall forfeit the exemption to this Section.
(D) Private Native Landscaping Areas
(1) An owner of land in the City shall send notice of a plan to the (city staff) for any native
landscaping area that exceeds 50% of total area of said private property. The plan
shall define the proposed nature area indicating the types of vegetation to be used
and specific management techniques outlined to control noxious weeds as defined in
17-33 (E).
(2) An owner of land in the City is not required to send notice to the (city staff) or
designee of a native landscaping area that does not exceed 50% of the total area of
said private property.
(3) If the native landscaping area fails to remove noxious weeds as defined in 17-33 (E),
presents a clear and present hazard to public health or safety, or encroaches the
public right of way, the (city staff) shall mail a notice to the owner of the property in
question, allowing the owner no less than thirty (30) days to correct the violation(s).
Failure to act on the notice shall entitle the City to proceed according to subsection
(B) above.
Just for reference:
Chapter 30 - Article IX - Landscaping Requirements
Section 30-250: Purpose
The purpose of this Article is to establish landscaping requirements and other regulations
intended to preserve and maintain vegetation within a manner that promotes the natural
resource protection, aesthetic, and public health goals of the City.
(E) Exemptions.
(1) Single family dwelling units, two family dwelling units, and agricultural land uses are
exempt from landscaping requirements.