WEED CONTROL
ORDINANCE NO. 38

    AN ORDINANCE REGULATING NOXIOUS AND NUISANCE
     WEEDS THROUGHOUT THE TOWN OF GREENVILLE AND 
ESTABLISHING LOT MAINTENANCE STANDARDS FOR
       LOTS WITHIN RECORDED SUBDIVISION PLATS AND LOTS 
     LOCATED WITHIN THE TOWN OF GREENVILLE SANITARY
DISTRICT NO. 1

Section 1.0               INTRODUCTION

            1.             Authority.  This ordinance is adopted pursuant to authority conferred by Sections 66.0407 and 66.0517 and Chapter 60, Wis. Stats.

            2.            Purpose.    The purpose of this ordinance is to promote the public health, safety and welfare of the Town of Greenville by requiring the destruction of noxious and nuisance weeds and establishing minimum landscape maintenance standards for lots within recorded subdivision plats and lots located within the Town of Greenville Sanitary District No. 1.

Section 2.0               DEFINITIONS

            1.            "Destroy" means the complete killing of weeds or the killing of weed plants above the surface of the ground by the use of chemicals, cutting, tillage, cropping system, pasturing livestock, or any or all of these in effective combination, at a time and in a manner as will effectively prevent weed plants from maturing to the bloom or flower stage.

            2.            "Managed Natural Landscape" means native and naturalized plants including but not limited to ferns, wildflowers, grasses, shrubs and trees grown in a managed landscape, provided, however, that noxious weed and nuisance weeds are prohibited and subject to destruction under section 3 (1).

            3.            "Noxious Weeds" means Canada thistle, leafy spurge and field bindweed (Creeping Jenny).

            4.            "Nuisance weeds" means any nonnative member of the genus Lythrium (purple loosestrife) or hybrids thereof, multiflora rose, common ragweed (Amborsia atemisiifolia), giant ragweed (Ambrosia trifada) and burdock (Actrium spp.).

            5.            "Recorded Subdivision Plat" means a subdivision plat recorded with the Outagamie County Register of Deeds office under plats.

            6.            "Sanitary District" means the Town of Greenville Sanitary District No. 1.

SECTION 3.0            GENERAL PROVISIONS

            1.            Destruction of Noxious Weeds.  Any person owning, occupying or controlling land within the Town of Greenville shall destroy all noxious weeds on the land.

            2.            Maintenance of Lots and Yards.  Any person owning, occupying or controlling any lot or yard within a recorded subdivision plat or within the Sanitary District shall remove or cut untended and unmanaged weed and grass growth which has grown to a height greater than 10 inches.

            3.            Maintenance of Managed Natural Landscape.  Any person owning, occupying or controlling any lot or yard within a recorded subdivision plat or within the Sanitary District containing a managed natural landscape shall destroy all noxious weeds and nuisance weeds.

SECTION 4.0            ENFORCEMENT

            1.            Town Weed Commissioner.  The Town Weed Commissioner shall investigate the existence of noxious weeds within the Town, and nuisance weeds and untended and unmanaged weed and grass growth which has grown to a height greater than 10 inches on a lot or yard within a recorded subdivision plat or within the Sanitary District.  If a person fails or neglects to destroy, remove, or cut such vegetation as required in Section 3, the Weed Commissioner shall destroy, or cut such vegetation in the following manner.  A certified order to cut or destroy weeds shall be sent to the owner of the lot in question.  If within 10 days after receipt the owner fails to comply with this order, the Town of Greenville shall destroy, remove or cut such vegetation.  The owner will be billed for this service at a cost of $75.00 per hour (with a minimum charge per parcel of            $75.00).  The Town Board may adjust this figure upward dependent on the cost of removal.  If the full amount is not paid within 30 days of invoice, the expense will be added to the next tax roll.  The Weed Commissioner, or designee, may enter upon lands to cut, remove or destroy such without being liable to an action for such trespass or any other action for damages resulting from the entry, cutting, removal, or destruction if reasonable care is exercised.

            2.            Records and Charges.  The Weed Commissioner shall keep a written account specifying by separate items the amount chargeable to each piece of land, describing the land, which shall be filed with the Town Clerk.  The Clerk shall enter the amount chargeable to each piece of land in the next tax roll in a column headed "For the Destruction of Weeds," as a tax on the lands upon which weeds were destroyed, cut or removed.  The tax shall be collected under Chapter 74, Wis. Stats., except in case of lands which are exempt from taxation, railroad lands or other lands for which taxes are not collected under Chapter 74.  A delinquent tax may be collected as is a delinquent real property tax under Chapters 74 and 75 or as is a delinquent personal property tax under Chapter 74.  In case of railroad lands or other lands for which taxes are not collected under Chapter 74, the amount chargeable against these lands shall be certified by the Town Clerk to the State Treasurer who shall add the amount designated to the sum due from the company owning, occupying or controlling the lands specified.

                        Adopted this ______ day of June, 2002