The following are designated as noxious weeds in the town:
A.
Canada thistle, leafy spurge, and field bindweed (creeping Jenny), as provided by
s. 66.0407 (1) (b), Wis. stats.
B. [any weed designated as noxious by the town board]
C. [so continue]
D.
The town chairperson shall include those weeds designated as noxious weeds in the Noxious weed notice given annually under
s. 66.0407 (4), Wis. stats.
*
SECTION V – TOWN WEED COMMISSIONER
The town chairperson having appointed a town weed commissioner under
s. 66.0517 (2) (a), Wis. stats., and the weed commissioner having the powers and duties to investigate and destroy noxious weeds in the town as provided in
s. 66.0517 (2) (a), Wis. stats., the following provisions are established in regard to the performance of the office of weed commissioner:
A. The weed commissioner shall receive compensation for investigating the existence of and destroying noxious weeds, including any clerical or administrative activities performed in relation to the performance of those activities, at the rate of $___ per hour upon presenting to the town treasurer an account of noxious weed investigation and destruction activities performed by the weed commissioner, verified by oath and approved by the town chairperson. The account shall specify by separate items each activity of investigation and destruction performed and for each activity of destruction the amount chargeable to each piece of land, describing the land.
B.
After the account of the weed commissioner is paid by the treasurer under subsection A, the account shall be filed with the town clerk. The clerk shall enter the amount chargeable for the destruction of weeds to each tract of land in the next tax roll in a column headed, “For the Destruction of Weeds,” as a tax on the lands upon which the weeds were destroyed. The tax shall be collected under
ch. 74, Wis. stats., except in case of lands that are exempt from taxation, railroad lands, or other lands for which taxes are not collected under
ch. 74, Wis. stats.
SECTION VI – NOXIOUS WEED DESTRUCTION [can be included in lieu of or in addition to SECTION V]
(ONLY for use by towns authorized to exercise VILLAGE POWERS under
s. 60.22, Wis. stats.)
A.
Under
s. 66.0407 (3), Wis. stats., and this ordinance, a person owning, occupying, or controlling land shall destroy all noxious weeds on the land.
B.
If after publication of the notice required under
s. 66.0407 (4), Wis. stats., the [town board or town weed commissioner (or some other designated town officer or employee if there is no weed commissioner), after consultation with the town board], determines after investigation of the conditions on the land that the persons owning, occupying, or controlling the land have failed to destroy all noxious weeds on the land, the town board may cause to be served upon any or all of those persons a copy of the notice required under
s. 66.0407 (4), Wis. stats., together with a statement commanding that the noxious weeds upon the land shall be destroyed within ___ days of the receipt of the notice or the person shall be subject to a forfeiture as provided in the Town of _______ Noxious Weed Ordinance. The notice and statement shall be served by registered or certified mail.
C. Any person upon whom a notice to destroy weeds is served under subsection B may request a hearing before the town board to challenge the reasonableness of the board's command to destroy weeds. The request for hearing shall be in writing and shall be filed with the town clerk on or before the expiration of the time to destroy the weeds as stated in the notice under subsection B. In the event that a request for hearing is filed, the town board shall set a time and place for the hearing, not less than 5 days after the date the request for hearing is received by the town clerk, and notice of the time and place hearing shall be served upon the person requesting the hearing. No citation or complaint for the recovery a forfeiture under this section may be issued until the completion of the hearing. Every notice issued under subsection B shall contain a clear statement of the right to request a hearing as provided under this subsection.
D. Any person, partnership, corporation, or other legal entity that fails to comply with the provisions of this subsection as determined by the town board shall, upon conviction, pay a forfeiture of not less than $_____ nor more than $_____, plus the applicable surcharges, assessments, and costs for each violation. Each day a violation exists or continues constitutes a separate offense under this ordinance. In addition, the town board may seek injunctive relief from a court of record to enjoin further violations.
SECTION VII - SUBDIVISION AND NUMBERING OF THIS ORDINANCE
This ordinance is divided into sections designated by uppercase Roman numerals. Sections may be divided into subsections designated by uppercase letters. Subsections may be divided into paragraphs designated by numbers. Paragraphs may be divided into subdivisions designated by lowercase letters. Subdivisions may be divided into subdivision paragraphs designated by lower case Roman numerals. Reference to a “section,” “subsection,” “paragraph,” or “subdivision” includes all divisions of the referenced section, subsection, paragraph, or subdivision.
SECTION VIII – SEVERABILITY
If any provision of this ordinance or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable.
SECTION IX – EFFECTIVE DATE
This ordinance is effective on publication or posting.
The town clerk shall properly post or publish this ordinance as required under
s. 60.80, Wis. stats.
Adopted this ________ day of ________, 20__.
[Signatures of town board]
Attest: [Signature of town clerk]
Note: See the form:
Note: See also Department of Natural Resources administrative rule Chapter
NR 40, Wisconsin Administrative Code, which regulates invasive species throughout the state:
STATE OF WISCONSIN
Town of ________
________ County
The Town Board of the Town of ________, ________ County, Wisconsin, by this resolution, adopted by a majority of the town board on a roll call vote with a quorum present and voting and proper notice having been given, resolves and orders as follows:
The town board has found that the following described building is old, dilapidated, or out of repair, and, consequently, dangerous, unsafe, unsanitary, or otherwise unfit for human habitation and that repair of the building is unreasonable. (If applicable: The building inspector [or other designated officer] has determined that the cost of repairs to the building would exceed 50% of the assessed value of the building divided by the ratio of the assessed value to the recommended value as last published by the State of Wisconsin, Department of Revenue for the town.)
Upon the above findings, ________ ________, the owner of the following-described real property, is ordered to raze the building in the Town of ________ located upon the following described real property by not later than ________ ___, 20__, described as ________ [specifically describe the building] and located at: [insert address and legal description].
The building inspector [or other designated officer] shall post a placard on the premises containing the following notice:
“This Building May Not Be Used for Human Habitation, Occupancy, or Use.”
The building inspector [or other designated officer] shall prohibit use of the building for human habitation, occupancy, or use until necessary repairs have been made.
If the owner of the above-described real property fails or refuses to comply with this order within the time prescribed above, the building inspector [or other designated officer] shall, subject to
s. 66.0413 (1) (h) and
(j), Wis. stats., relating to salvage and personal property, proceed to raze the building through any available public agency or by contract or arrangement with private persons, or to secure the building and, if necessary, the property on which the building is located if unfit for human habitation. The cost of razing or securing the building may be charged in full or in part against the real estate upon which the building is located, and if that cost is so charged it is a lien upon the real estate and may be assessed and collected as a special charge.
Notice of the raze order of the town board shall be served as follows:
1. On the owner of record of the building that is subject to the order, or on the owner's agent if the agent is in charge of the building, in the same manner as a summons is served in circuit court.
2. On the holder of each encumbrance of record by 1st class mail at the holder's last-known address and by publication as a class 1 notice under chapter 985, Wis. stats.
If the owner, and the owner's agent, if any, cannot be found, or if the owner is deceased and an estate has not been opened, the order may be served by posting it on the main entrance of the building and by publishing it as a class 1 notice under chapter 985, Wis. stats., before the time limited in the order begins to run.
The town clerk shall file or have filed by the town attorney a Notice of Lis Pendens in the Office of the Register of Deeds for ________ County, Wisconsin, on the tract of the above-described real property to provide notice of this resolution and raze order of the town.
The town clerk shall properly post or publish this resolution as required under
s. 60.80, Wis. stats.
Adopted this ______ day of ________, 20__.
[Signatures of town board]
Attest: [Signature of town clerk]
Note: This form may not be used for a property for which the town has received a written insurer certification within 14 days after the property has incurred damage. If a town has received such a certification, additional procedures are necessary before an order to raze the building may be issued. See
s. 66.0413 (5), Wis. stats.
(ONLY for use by towns authorized to exercise VILLAGE POWERS under
s. 60.22, Wis. stats.)
STATE OF WISCONSIN
Town of ________
________ County
SECTION I – TITLE AND PURPOSE
The title of this ordinance is the Town of ________ Transient Merchant Ordinance. The purpose of this ordinance is to regulate by license and penalty the canvassing or soliciting by transient merchants in their selling of goods and services in the Town of ________.
SECTION II – AUTHORITY
The Town Board of the Town of ________, ________ County, Wisconsin, has the authority under its village powers under
s. 60.22, Wis. stats., and the specific authority under
s. 66.0423, Wis. stats., to adopt this ordinance.
*
SECTION III – ADOPTION OF ORDINANCE
This ordinance, adopted by a majority of the town board on a roll call vote with a quorum present and voting and proper notice having been given, provides for the regulation and licensing of certain canvassing and soliciting by transient merchants in the town.
SECTION IV - SUBDIVISION AND NUMBERING OF THIS ORDINANCE
This ordinance is divided into sections designated by uppercase Roman numerals. Sections may be divided into subsections designated by uppercase letters. Subsections may be divided into paragraphs designated by numbers. Paragraphs may be divided into subdivisions designated by lowercase letters. Subdivisions may be divided into subdivision paragraphs designated by lowercase Roman numerals. Reference to a “section,” “subsection,” “paragraph,” or “subdivision” includes all divisions of the referenced section, subsection, paragraph, or subdivision.
SECTION V – COVERAGE
A. No person, without a proper license issued by the Town Board of the Town of ________, under this ordinance, except for those persons exempt under Section VII of this ordinance, shall travel from place to place within the Town of ________ offering the sale of property that he or she carries with him or her, who goes from place to place within the Town of ________ soliciting orders for services or goods to be provided in the future, or who engages in, at a fixed location within the Town of ________, a temporary business of selling property or services at that location in the Town of ________. Persons engaging in these activities are transient merchants within the meaning of this ordinance.
B. The fee for the license shall be established annually by resolution of the town board prior to ________ ___. A license shall be issued annually from January 1 until December 31 unless the town board establishes and issues a license for a shorter duration. The license shall be issued to the person by the town clerk, or his or her designee, prior to any person soliciting orders, offering sales, or engaging in a business covered by this ordinance in the Town of ________.
SECTION VI – APPLICATION/LICENSE
The application and license shall designate the legal area in the Town of ________ where sales efforts by the applicant/licensee may occur. The license shall not be transferable to another person. The license shall be shown to any resident in the Town of ________ if the licensee is requested to demonstrate his or her license. The applicant shall, prior to issuance of any license, provide to the town clerk a driver's license or some other proof of identity as the town clerk may require. The application shall include all of the following:
A. The name of the applicant.
B. The address of the applicant.
C. The residential and business telephone number, facsimile number, and e-mail address of the applicant, if any.
D. The height, weight, hair color, and eye color of the applicant.
E. The nature of the sales business.
F. The areas in the Town of ________ where solicitation will occur.
G. A general description of the property or services to be offered for sale.
H. Any references, certificates, articles, resumes, affidavits, and recommendations to demonstrate the good character and honesty of the applicant.
I. Any references, certificates, articles, affidavits, and recommendations to demonstrate the quality of the product or service to be sold.
J. The applicant's residency for the last ____ years.
K. The names, addresses, and telephone numbers of 2 character references.
L. The make, model, and license number of any motor vehicle to be used in conduct of the sales business.
SECTION VII – EXEMPTIONS
The following persons, uses, and activities are exempt from the provision of this ordinance:
A. Wholesalers selling personal property at wholesale to dealers, distributors, or retainers.
B. Newspaper, periodicals, fuel, dairy products, or bakery goods delivery people.
C. Children under 18 years of age who are residents of the Town of ________.
D. Town merchants or employees of those merchants taking orders for or delivering goods in the regular course of business in the Town of ________.
E. Farmers and truck gardeners offering for sale agricultural perishable products that were raised or cultivated by them.
F.
A veteran holding a state license under
s. 440.82 (2), Wis. stats.
G. Sales in the Town of ________ required by statute or court order.
H. Auction sales in the Town of ________ conducted for public purchase under state law.
I. Sales of services or property in the Town of ________ conducted under another Town of ________ license or permit.
SECTION VIII – ORDINANCE/LICENSE
A. Any person subject to this ordinance shall comply with this ordinance and all state laws and rules regarding the sale of property and services in the Town of ________.
