ORD20091292-Ch 35 yard maintenance
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1292
AN ORDINANCE TO AMEND CHAPTER 35, SECTIONS 35.01, 35.02, 35.05(8)
AND 35.06(4), OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Maintenance of Residential Yards)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO
ORDAIN AS FOLLOWS:
SECTION 1: Chapter 35, Sections 35.01, 35.02, 35.05(8), and 35.06(4) are hereby
amended to read as follows:
35.01
It is the intent and purpose of this section of the City of Muskego Municipal Code to
encourage, establish minimum standards for, and provide for the enforcement of a
minimum level of care and maintenance to buildings and properties, unless noted for a
different zoning or land use below, zoned and/or used for industrial, commercial, or multi-
family residential purposes throughout the city.
35.02 SCOPE
This ordinance shall apply uniformly to the maintenance and use of all premises within the
City of Muskego, which are zoned and/or used for industrial, commercial, or multi-family
residential purposes and the owners, occupants, and operators thereof. This ordinance
shall not apply to single-family residential uses of property with the exception of those
requirements set forth in section 35.05(8).
35.05(8)
(8) Residentially zoned properties: The height of grass and other general ground cover
shall be kept trimmed to a height of no more than eight (8) inches. Ground cover
may exceed eight (8) inches when the cover is not part of the general landscaping
of the principal dwelling (generally, properties exceeding one acre where
maintenance of whole property is too arduous) or when the ground cover is
approved by the City Forester as an established prairie (an approved prairie must
have no undue harm to surrounding properties and must fit within the residential
neighborhood in which the use is proposed). The enforcement regulations in
Section 35.06(4) also apply to this ordinance.
35.06(4)
(4) If violation has not been corrected within the time limits allowed by the Building
Inspector, the Building Inspector shall issue a citation on the property owner
regarding such violation. For noxious weed violations, pursuant to Wisconsin
Statute 66.98 and for ground cover violations over the required eight (8) inch
height, the Building Inspector shall have the alternative option to instruct the Weed
Commissioner and/or Department of Public Works to correct said violation and
charge the actual costs incurred against the property owner. If such charges are
Ord. #1292 Page 2
not paid by November 1 of the year in which they are billed, such charges shall be
extended on the next succeeding tax roll as a tax charged against the property
affected and collected in the same manner as are other taxes, pursuant to 66.98
Wis. Stats.
SECTION 2: The several sections of this ordinance are declared to be severable. If any
section or portion thereof shall be declared by a decision of a court of competent
jurisdiction to be invalid, unlawful, or unenforceable, such decision shall apply only to the
specific section or portion thereof directly specified in the decision, and not affect the
validity of all other provisions, sections, or portion thereof of the ordinance which shall
remain in full force and effect. Any other ordinances whose terms are in conflict with the
provisions of this ordinance are hereby repealed as to those terms that conflict.
SECTION 3: This ordinance is in full force and effect from and after passage and
publication as provided by law.
PASSED AND APPROVED THIS 24TH DAY OF MARCH , 2009.
CITY OF MUSKEGO
__________________________________
John R. Johnson, Mayor
First Reading: 03/10/2009
ATTEST:
nd
__________________________ Published this 2 day of April, 2009
Clerk-Treasurer