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HomeMy WebLinkAboutItem V. REDLINE Weed Cutting and Lawn Care Ordinance 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 Plant 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 Plant 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 PLANT 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 Plant Areas Native Plant 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 and can be used as traditional turf grass replacement. If a proposed Commented [DE1]: Title change Commented [DE2]: Include some language that clarifies what “native landscaping areas” are not 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 Plant Landscaping Area pursuant to sub-section (C) below. (1) Native Plant Areas do not include gardens, landscaping beds, or foundation edging, (2) Native Plant Areas do not include turf replacement that does not exceed 8 inches. (C) Native Plant Landscaping Area Approval / Submission of Landscaping Management Plan A property owner in the City must apply to the Director of Parks or designee for approval of a Native Plant Landscaping Area with a 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 plants landscaping can be is found in Section 30-254. (3) A dimensioned site plan for the proposed Native Plant 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)(a) The dimensioned site plan shall be contained solely within a property owner’s private property. A Native Plant Landscaping Area is not allowed within the public right-of-way adjoining private property. (c)(b) 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 seasons. Any owner that applies for and receives approval of a Native Plant Landscaping Area agrees to hold the City harmless for all acts necessary to enforce its Weed Cutting and Lawn Care regulation. Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 1" + Indent at: 1.25" Formatted: Font: Palatino Linotype, 11 pt Commented [DE3]: Since there is a permitting process, eliminate “(a)” (D) Native Plant Landscaping Area Denial, Revocation, and Appeal (1) Applications for a Native Plant 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 Plant 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 Plant 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 Plant Landscaping Area approval may appeal such decision to the Board of Appeals as provided for in Chapter 30.