HomeMy WebLinkAbout27. 22-453OCTOBER 11, 2022 22-422 ORDINANCE FIRST READING OCTOBER 25, 2022 22-453 ORDINANCE SECOND READING
(CARRIED 7-0 LOST _______ LAID OVER _______ WITHDRAWN _______)
PURPOSE: AMEND SECTIONS 17-33(E) AND 17-44 AND CREATING
SECTIONS 17-44.1 AND 17-44.2 OF THE CITY OF OSHKOSH
MUNICIPAL CODE PERTAINING TO WEED CUTTING AND
LAWN CARE AND NATIVE LANDSCAPING AREAS
INITIATED BY: SUSTAINABILITY ADVISORY BOARD
SUSTAINABILITY ADVISORY BOARD RECOMMENDATION: Approved
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH AMENDING SECTIONS 17-
33(E) AND 17-44 AND CREATING SECTIONS 17-44.1 AND 17-44.2 OF THE CITY OF
OSHKOSH MUNICIPAL CODE PERTAINING TO WEED CUTTING AND LAWN
CARE AND NATIVE LANDSCAPING AREAS
WHEREAS, in the fall of 2019 a student group from the Environmental Studies
Senior Seminar class at the University of Wisconsin-Oshkosh presented on native
landscaping areas to the City of Oshkosh Sustainability Advisory Board; and
WHEREAS, in the spring of 2022 the City of Oshkosh Sustainability Advisory Board
recommended staff evaluate potential changes to the Municipal Code Chapter 17 - Weed
Cutting and Lawn Care Ordinance; and
WHEREAS, the Sustainability Advisory Board worked with the Department of
Community Development, Parks Department, and City Attorney’s office to revise the
current Weed Cutting and Lawn Care Ordinance to better align with State Code and further
clarify native landscaping areas.
NOW, THEREFORE, the Common Council of the City of Oshkosh do ordain as
follows:
OCTOBER 11, 2022 22-422 ORDINANCE FIRST READING OCTOBER 25, 2022 22-453 ORDINANCE SECOND READING
SECTION 1. That Sections 17-33(E) and Section 17-44 of the City of Oshkosh
Municipal Code pertaining public nuisance/noxious weeds and weed cutting and lawn
care are hereby amended to read as shown on the attachment to this ordinance.
SECTION 2. That Sections 17-44.1 and 17-44.2 of the City of Oshkosh Municipal
Code pertaining to appointment of a weed commissioner and native landscaping areas are
hereby created to read as shown on the attachment to this ordinance.
SECTION 3. This ordinance shall be in full force and effect from and after its
passage, and publication.
SECTION 4. Publication Notice. Please take notice that the City of Oshkosh enacted
ordinance #22-453 on October 25, 2022 AMEND SECTIONS 17-33(E) AND 17-44 AND
CREATING SECTIONS 17-44.1 AND 17-44.2 OF THE CITY OF OSHKOSH MUNICIPAL
CODE PERTAINING TO WEED CUTTING AND LAWN CARE AND NATIVE
LANDSCAPING AREAS (A GENERAL ORDINANCE OF THE CITY OF OSHKOSH
AMENDING SECTIONS 17-33(E) AND 17-44 AND CREATING SECTIONS 17-44.1 AND
17-44.2 OF THE CITY OF OSHKOSH MUNICIPAL CODE PERTAINING TO WEED
CUTTING AND LAWN CARE AND NATIVE LANDSCAPING AREAS). The ordinance
amends language in Sections 17-33(E) and 17-44 pertaining public nuisance/noxious weeds
and weed cutting and lawn care and creates sections 17-44.1 and 17-44.2 pertaining to
appointment of a weed commissioner and native landscaping areas of the Oshkosh
Municipal Code. The ordinance brings the city code into compliance with state statutes
regulating weed control. The ordinance more clearly defines native landscaping areas
versus noxious weeds; clarifies the approval process and provides protections for native
landscaping areas maintained in compliance with the ordinance requirements. The full text
of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and
through the City’s website at www.ci.oshkosh.wi.us. Clerk’s phone: 920/236-5011.
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
TO: Honorable Mayor and Members of the Common Council
FROM: Brandon Nielsen, Assistant Planner
DATE: October 6, 2022
RE: Amend Sections 17-33(E) and 17-44 and Creating Sections 17-44.1 and 17-44.2 of
the City of Oshkosh Municipal Code Pertaining to Weed Cutting and Lawn Care
and Native Landscaping Areas
BACKGROUND
In the fall of 2019, a student group from the Environmental Studies Senior Seminar class from
UW-Oshkosh presented a Native Landscaping Proposal to the Sustainability Advisory Board
(SAB). The student report concluded that the current language in the Weed Cutting and Lawn
Care Ordinance did not adequately promote native species and that changing the ordinance
could improve the environmental health of Oshkosh. Additionally, the student group believed
Oshkosh could become a catalyst for other communities to follow suit. Their proposal
recommended code changes intended to better define noxious weeds and landscaping
practices, specifically the exemptions section allowing for private landscaping areas.
Private landscaping areas are currently included in Chapter 17 of the Municipal Code which
allows residents to provide an annual plan and receive approval to create a private
landscaping area in their yard. City staff reviews the plan to ensure compliance with the
municipal code and inspects the area for compliance. The private landscaping area is not
allowed on terraces located in the right-of-way. The proposed amendments change the title of
these areas from private landscaping area to native landscaping area.
ANALYSIS
In 2022, SAB members reviewed the aforementioned student proposal and subsequently
requested incorporating the recommendations into sections 17-33 and 17-44 of the Municipal
Code, which administers the Weed Cutting and Lawn Care Ordinance. They proposed
amendments to the ordinance to better define noxious weeds by using the Wisconsin
Department of Natural Resources definition in state statutes, to update the Weed Cutting and
Lawn Care Ordinance by providing clarification on the exemptions from the requirements,
and to better define what a native landscaping area is along with the process to create such an
area. City from the Parks Department, Community Development, and Attorney’s Office
worked to revise the ordinance until a final draft was recommended for approval by all SAB
members at their September 8th, 2022 meeting.
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
RECOMMENDATION
The Sustainability Advisory Board recommended approval of Weed and Lawn Care ordinance
on September 8, 2022. Please see the attached meeting minutes for more information.
Respectfully Submitted, Approved:
Brandon Nielsen Mark A. Rohloff
Assistant Planner City Manager
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) Noxious Weeds
All Noxious Weeds, which are hereby declared to be the following within the City of
Oshkosh:
(1) All noxious weeds as defined by Wis. Stat. § 66.0407
(2) Any grasses, weeds, brush, or other rank or offensive vegetation which has grown
over eight (8) inches in height.
All noxious weeds and other rank growth or vegetation;
SECTION 17-44 WEED CUTTING AND LAWN CARE
(A) Definition of Noxious Weeds
The following are hereby declared to be Noxious Weeds within the City of Oshkosh:
(1) All noxious weeds as defined by Wis. Stat. § 66.0407
(2) Any grasses, weeds, brush, or other rank or offensive vegetation which has grown
over eight (8) inches in height.
(B) Owner's Responsibility
The owner of every parcel of land within the City shall cut or cause to be cut all Noxious Weeds
upon said parcel of land and in the public right-of-way adjoining said land. Any owner
failing to comply with this provision is subject to penalties provided in Section 17-46, and
further, the Noxious Weeds may be eliminated and abated by the City as provided below.
The owner of every parcel of land within the City shall cut or cause to be cut all grass in
excess of eight (8) inches in length, dandelions, and weeds and other like vegetative
growth in excess of eight (8) inches in length upon said land and in the public right-of-
way adjoining said land. Any owner failing to comply with this provision is subject to
penalties provided in Section 17-46.
(BC) Uncut Growth; Public Nuisance; Abatement by City
All uncut Noxious Weedsgrowth as outlined above is hereby declared to be a public
nuisance and fire hazard and shall 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 chargespecial tax.
(CD) Exemption
This ordinance shall not apply to the following areas (“Exempt Areas”):
(1) Vegetation located on lands cultivated for agricultural purposes
(2) Vegetation within 50’ of the edge of a designated storm water pond, wetland
or drainageway or within 50’ of the edge of natural or altered creeks, rivers
and stream corridors, including riparian buffer strips
(3) Temporary erosion control grasses
(4) Vegetation in publicly owned parks
(5) Vegetation on steep slopes that would be unsafe or unreasonable to mow
(6) Vegetation in natural wooded lots
(7) Vegetation located within an approved Native Landscaping Area per Section
17-44.2. Failure to conform to the native landscaping management plan shall
result in revocation of the approval of the Native Landscaping Area and shall
also result in a forfeiture of the exemption under this Section.
This ordinance shall not apply to appropriate lands cultivated for agricultural purposes
or to appropriate privately-owned nature areas as outlined in paragraph (D) below
provided that appropriate measures shall be taken to eliminate noxious weeds as defined
in Section 66.96 of the Wisconsin Statutes. Failure to eliminate the noxious weeds or
otherwise conform to the land management plan for a nature area shall forfeit the
exemption to this Section.
(D) Private Nature Areas
(1) An owner of land in the City may apply to the Director of Parks or designee for
approval of a nature area on privately owned land. The application shall define the
proposed nature area indicating the types of vegetation to be used and any other
information the Director deems necessary. The owner shall agree to hold the City
harmless for all acts necessary to enforce its Weed Cutting and Lawn Care
regulation. There shall be specific management techniques outlined to control
weeds and noxious weeds, and rodent infiltration.
(2) Failure to comply with the land management plan for the area may result in
revocation of approval. The Director shall mail to the owner of the property in
question a notice of intent to revoke the plan allowing the owner thirty (30) days to
either correct the violations or to convert the property into a mowed and manicured
lawn composed of a common stand or turf grass mowed to a height of not greater
than eight (8) inches. Failure to act on the notice shall entitle the City to proceed
according to subsection (B) above.
SECTION 17-44.1 APPOINTMENT OF WEED COMMISSIONER
The powers and duties of the Weed Commissioner as defined by state statutes shall be
performed by the Chief Building Official of the Inspection Services Division, or, staff
designees. The duties shall be performed in conjunction with other duties of the assigned
employee and said employees shall receive no additional compensation for said services
other than their regular salary.
17-44.2 NATIVE LANDSCAPING AREAS
(A) Purpose
The City recognizes the desirability of permitting natural vegetation within the City limits
while maintaining public health and safety. The City further recognizes that the use of
native plants in a managed landscape design on private property can be economical, low-
maintenance and effective in soil and water conservation. However, it is not the intent of
this section to allow vegetated areas to be completely unmanaged or overgrown.
(B) Native Landscaping Areas
Native Landscaping Areas, which otherwise may be known as maintained prairies or
meadows, are areas of grasses and flowering broad-leaf plants that are native to, or
adapted to, the State of Wisconsin and that are commonly found in meadow and prairie
plant communities. If a proposed landscape within the City includes native grasses that
exceed or are expected to exceed eight (8) inches in overall height, the property owner
must apply for and receive approval of the Native Landscaping Area pursuant to sub-
section (C) below.
(C) Native Landscaping Area Approval/Submission Landscaping Management Plan
A property owner in the City must apply to the Director of Parks or designee for approval
of a Native Landscaping Area and submit a native landscaping management plan. The
native landscaping management plan shall include the following information:
(1) The name and address of the property owner and contact information.
(2) A description of the type of vegetation to be used. A list of commonly-used
native landscaping is found in Section 30-254.
(3) A dimensioned site plan for the proposed Native Landscaping Area.
(a) The dimensioned site plan shall include setbacks at least five feet from
any property line. However, if a Native Landscaping Area abuts an
Exempt Area as defined in Section 17-44(D), no setback shall be
required from that specific abutting property line.
(b) The dimensioned site plan shall be contained solely within a property
owner’s private property. A Native Landscaping Area is not allowed
within the public right-of-way adjoining private property.
(c) The dimensioned site plan shall comply with visibility standards of
Section 30-174.
(4) A description of the specific management techniques that will be used to
control weeds, non-native or invasive vegetation, and rodent infiltration.
(5) The estimated transition period, which shall not be longer than three growing
season.
Any owner that applies for and receives approval of a Native Landscaping Area agrees to
hold the City harmless for all acts necessary to enforce its Weed Cutting and Lawn Care
regulation.
(D) Native Landscaping Area Denial, Revocation, and Appeal
(1) Applications for a Native Landscaping Area may be denied by the Director of
Parks or designee if the application is incomplete or inconsistent with
application requirements or it appears that the approval would be detrimental
to the public health, safety or welfare.
(2) Any Native Landscaping Area approval may be revoked by the Director of
Parks or designee for failure to comply with the approved native landscaping
management plan. In that event, the Director of Parks, or its designee, shall
mail the property owner a notice of intent to revoke the Native Landscaping
Area approval allowing the property owner thirty (30) days to either correct
the violations or to convert the property into a mowed and manicured lawn
composed of a common turf grass mowed to a height of not greater than eight
(8) inches. Failure to act on the notice shall entitle the City to proceed with
abatement according to Section 17-44(C).
(3) Any property owner who is denied a Native Landscaping Area approval may
appeal such decision to the Board of Appeals as provided for in Chapter 30.
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) Noxious Weeds
All Noxious Weeds, which are hereby declared to be the following within the City of
Oshkosh:
(1) All noxious weeds as defined by Wis. Stat. § 66.0407
(2) Any grasses, weeds, brush, or other rank or offensive vegetation which has grown
over eight (8) inches in height.
SECTION 17-44 WEED CUTTING AND LAWN CARE
(A) Definition of Noxious Weeds
The following are hereby declared to be Noxious Weeds within the City of Oshkosh:
(1) All noxious weeds as defined by Wis. Stat. § 66.0407
(2) Any grasses, weeds, brush, or other rank or offensive vegetation which has grown
over eight (8) inches in height.
(B) Owner's Responsibility
The owner of every parcel of land within the City shall cut or cause to be cut all Noxious
Weeds upon said parcel of land and in the public right-of-way adjoining said land. Any
owner failing to comply with this provision is subject to penalties provided in Section 17-
46, and further, the Noxious Weeds may be eliminated and abated by the City as provided
below.
(C) Uncut Growth; Public Nuisance; Abatement by City
All uncut Noxious Weeds as outlined above are hereby declared to be a public nuisance
and fire hazard and shall 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 charge.
(D) Exemptions
This ordinance shall not apply to the following areas (“Exempt Areas”):
(1) Vegetation located on lands cultivated for agricultural purposes
(2) Vegetation within 50’ of the edge of a designated storm water pond, wetland
or drainageway or within 50’ of the edge of natural or altered creeks, rivers
and stream corridors, including riparian buffer strips
(3) Temporary erosion control grasses
(4) Vegetation in publicly owned parks
(5) Vegetation on steep slopes that would be unsafe or unreasonable to mow
(6) Vegetation in natural wooded lots
(7) Vegetation located within an approved Native Landscaping Area per Section
17-44.2. Failure to conform to the native landscaping management plan shall
result in revocation of the approval of the Native Landscaping Area and shall
also result in a forfeiture of the exemption under this Section.
SECTION 17-44.1 APPOINTMENT OF WEED COMMISSIONER
The powers and duties of the Weed Commissioner as defined by state statutes shall be
performed by the Chief Building Official of the Inspection Services Division, or, staff
designees. The duties shall be performed in conjunction with other duties of the assigned
employee and said employees shall receive no additional compensation for said services
other than their regular salary.
17-44.2 NATIVE LANDSCAPING AREAS
(A) Purpose
The City recognizes the desirability of permitting natural vegetation within the City limits
while maintaining public health and safety. The City further recognizes that the use of
native plants in a managed landscape design on private property can be economical, low-
maintenance and effective in soil and water conservation. However, it is not the intent of
this section to allow vegetated areas to be completely unmanaged or overgrown.
(B) Native Landscaping Areas
Native Landscaping Areas, which otherwise may be known as maintained prairies or
meadows, are areas of grasses and flowering broad-leaf plants that are native to, or
adapted to, the State of Wisconsin and that are commonly found in meadow and prairie
plant communities. If a proposed landscape within the City includes native grasses that
exceed or are expected to exceed eight (8) inches in overall height, the property owner
must apply for and receive approval of the Native Landscaping Area pursuant to sub-
section (C) below.
(C) Native Landscaping Area Approval/Submission Landscaping Management Plan
A property owner in the City must apply to the Director of Parks or designee for approval
of a Native Landscaping Area and submit a native landscaping management plan. The
native landscaping management plan shall include the following information:
(1) The name and address of the property owner and contact information.
(2) A description of the type of vegetation to be used. A list of commonly-used
native landscaping is found in Section 30-254.
(3) A dimensioned site plan for the proposed Native Landscaping Area.
(a) The dimensioned site plan shall include setbacks at least five feet from
any property line. However, if a Native Landscaping Area abuts an
Exempt Area as defined in Section 17-44(D), no setback shall be
required from that specific abutting property line.
(b) The dimensioned site plan shall be contained solely within a property
owner’s private property. A Native Landscaping Area is not allowed
within the public right-of-way adjoining private property.
(c) The dimensioned site plan shall comply with visibility standards of
Section 30-174.
(4) A description of the specific management techniques that will be used to
control weeds, non-native or invasive vegetation, and rodent infiltration.
(5) The estimated transition period, which shall not be longer than three growing
season.
Any owner that applies for and receives approval of a Native Landscaping Area agrees to
hold the City harmless for all acts necessary to enforce its Weed Cutting and Lawn Care
regulation.
(D) Native Landscaping Area Denial, Revocation, and Appeal
(1) Applications for a Native Landscaping Area may be denied by the Director of
Parks or designee if the application is incomplete or inconsistent with
application requirements or it appears that the approval would be detrimental
to the public health, safety or welfare.
(2) Any Native Landscaping Area approval may be revoked by the Director of
Parks or designee for failure to comply with the approved native landscaping
management plan. In that event, the Director of Parks, or its designee, shall
mail the property owner a notice of intent to revoke the Native Landscaping
Area approval allowing the property owner thirty (30) days to either correct
the violations or to convert the property into a mowed and manicured lawn
composed of a common turf grass mowed to a height of not greater than eight
(8) inches. Failure to act on the notice shall entitle the City to proceed with
abatement according to Section 17-44(C).
(3) Any property owner who is denied a Native Landscaping Area approval may
appeal such decision to the Board of Appeals as provided for in Chapter 30.
CITY OF OSHKOSH SUSTAINABILITY ADVISORY BOARD
Minutes
September 8th, 2022
PRESENT: Eric Degroot, Pat Dwyer Hallquist, Lisa Marone, Vic Oliver, Ken Osmond, Bob
Poeschl, Bradley Spanbauer, Aaron Wojciechowski, Margy Davey
EXCUSED:
ABSENT:
STAFF AND OTHERS: Brandon Nielsen (Staff Liaison), Staff (Oshkosh Media),
I. Call to Order
Chair Margy Davey called the meeting to order at 6:00pm and a quorum was declared present.
II. Public Comment
Chair Davey asked if there were public comments.
No public comments occurred
III. Approval of Minutes, July 18th, 2022
Ms. Dwyer Hallquist motioned to approve the minutes. Mr. Spanbauer seconded the motion.
The board approved the July 18th minutes 9-0 (Hallquist / Spanbauer).
IV. Election of Officers
A new Vice-Chair needed to be elected as the prior elected Vice-Chair left the board.
Ms. Davey called for nominations of the Vice-Chair position. Mr. Poeschl nominated Mr.
Spanbauer and Ms. Oliver nominated Ms. Marone. There were no further nominations. Each
nominee explained why they would be interested and honored to serve as Vice-Chair. Mr.
Spanbauer offered to concede his nomination and the board accepted.
Ms. Marone was voted unanimously to be Vice-Chairperson.
V. No Mow May Report – Discussion
Mr. Nielsen went through the report, highlighting certain items and data points and then
opened the table for discussion of the report.
Mr. Poeschl stated his opinion of the report and would like SAB to have the ability to add their
input to a report in the coming years. Mr. Nielsen explained that the data used in the report is
from the software system that is in place and used to track permits, inspections, projects, and
code enforcement cases.
The board agreed that earlier education and notification about what No Mow May
accomplishes would be helpful, along with an email reminder to all registered participants
informing them that once the month of May is complete it is time to mow their lawns. A
potential mailer for next year was also discussed.
VI. Weed Cutting and Lawn Care Ordinance (Native Plants) – Discussion / Action
Mr. Nielsen explained that the ordinance in front of the board is the final draft and had been
reviewed by all necessary departments. He proceeded to go through the document explaining
certain items that were new to the board.
Ms. Hallquist asked for clarification on native grasses and if those are exempt from this
ordinance or not. Mr. Nielsen explained that if grasses, native or not, are planted in a traditional
fashion this ordinance does not apply.
Mr. Poeschl motioned to accept the ordinance. Mr. Osmond seconded the motion.
The board approved the Weed Cutting and Lawn Care ordinance 9-0 (Poeschl / Osmond).
VII. Sustainability Manager Position – Discussion
Ms. Davey explained that the document in front of the board (job description) was put together
by Mr. Osmond of the board and that what it entails may not be exactly what is potentially
created and approved by the common council. She further explained that it is more of a
proposal to give council an idea of what the job could accomplish if approved.
Mr. Osmond shared his logic in the creation of the job description, along with the “Success
Scoreboard.”
Mr. Wojciechowski shared that typically when council reviews budget requests for new
positions they are not accompanied by a position description so he believes this document helps
to solidify the support of this position.
Ms. Davey stated that she believes a position such as this could really help the City of Oshkosh
dive in to all of the federal funding that was recently approved.
The board discussed details within the job description and potential changes that could be
made and Mr. Wojciechowski said that he thinks the board should work on a letter of
recommendation, signed by all members of the board, to accompany the job description as he
believes this will greatly help his arguments during the budget meetings.
Mr. Osmond motioned to recommend creation of a Sustainability Manager/Director position.
Mr. Poeschl seconded the motion.
The board approved a recommendation to create a Sustainability Manager/Director position 9-0
(Osmond/Poeschl).
VIII. Agenda Items for Future Meeting
i. Review Spring 2022 student report
ii. Native Plant Brochure
iii. Environmental Leadership Award
iv. 2023 SAB Calendar
IX. Next Meeting, Monday, October 3rd, 2022
X. Adjournment
The board voted 9-0 to adjourn (Osmond/Poeschl)
Recorded by:
Brandon Nielsen, Assistant Planner