Chapter 15.24
LAWN AND YARD MAINTENANCE
Sections:
15.24.030 Obligation to eradicate regulated vegetation.
15.24.040 Maintenance of vacant lots.
15.24.050 Maintenance of developed properties.
15.24.060 Natural landscaping regulations.
15.24.070 Authority of fire chief to fire threat.
15.24.080 Penalty for violation of this chapter.
15.24.010 Legislative intent.
It is the intent of the common council to regulate the growth of certain regulated vegetation within the city for the following reasons: In exercise of its police power and in recognition of further statutory authority conferred by Section 66.0407, Wisconsin Statutes, the council finds that attractive and well-maintained property will enhance the neighborhoods and city and will provide a suitable environment for increasing aesthetic and property value. The “Brookfield Concept,” as embodied in the Brookfield Municipal Code, Title 15 is to establish and maintain substantial open space around structures for generous light, air, convenience of access, safety from fire and the enhancement of property values. (Ord. 1819 § 3 (part), 2001; Ord. 1655 Part I (part), 1998)
15.24.020 Definitions.
As used in this chapter, the following shall apply:
“Appropriate landscaping” means a minimum of grading and seeding on a vacant residential lot sufficient to comply with Chapter 15.20 of the City of Brookfield Municipal Code (Erosion Control). Commercial, industrial, and other uses must comply with landscape plans approved by the city.
“Brush” means any cut vegetative material, regardless of size.
“Eradicate” means the use of chemicals, cutting, tillage, or any or all of these in effective combination, at such time and in such manner as will effectively prevent regulated vegetation from maturing.
“Regulated vegetation” includes, but is not limited to, noxious weeds consisting of those species defined in Section 8.32.030 of the Brookfield Municipal Code and Section 23.235 of Wisconsin Statutes.
“Turf grass” means grasses commonly used in regularly cut lawns or play areas, such as, but not limited to bluegrass, fescue, and ryegrass blends.
“Vision triangle” means the area, as defined elsewhere in the municipal code, at the corner of a property where two roads intersect.
“Wooded area” means any property, whether developed or otherwise, which contains mature tree cover, as determined by the director of inspection services or his/her designee. Wooded areas are not subject to the maintenance requirement of this section. (Ord. 1819 § 3 (part), 2001; Ord. 1655 Part I (part), 1998)
15.24.030 Obligation to eradicate regulated vegetation.
Every person, partnership, or corporation owning, occupying or controlling land located in the city, without regard to its level of development, shall eradicate all “regulated vegetation” thereon. (Ord. 1655 Part I (part), I, 1998)
15.24.040 Maintenance of vacant lots.
A. A vacant lot is not required to be landscaped until the point where sixty-five (65) percent of the residential or commercial subdivision in which it is located has been developed. A lot is considered developed at the time of final building inspection. Once the sixty-five (65) percent figure is reached, individual land owners are required to mow and provide appropriate landscaping for their lots and shall maintain turf grass at a height not to exceed eight inches. Owners of all vacant lots are required to destroy all regulated vegetation regardless of the degree of development of the subdivision.
B. Lots in which materials or debris have been illegally dumped by the property owner or others shall be cleaned up within the time limits prescribed by written notice. The time limit contained in the notice shall be for not less than five days nor more than thirty (30) days. The property owner is responsible for the removal of regulated vegetation, materials and/or debris from the site.
C. If a property owner fails to comply with the requirements of this section, the director of inspection services, or his designee, after first giving at least five days but not more than thirty (30) days written notice by mail to said owner, is authorized to perform or have performed the required maintenance. The cost of any such maintenance shall be charged against the owner of the property and shall become a lien upon the property as a special charge in accordance with the Wisconsin Statutes or a municipal citation may be issued to the property owner pursuant to Section 1.12.010 of the Brookfield Municipal Code.
D. The provisions of this section do not apply to government owned properties designated as open space in the city’s park and open space plan or government owned properties that have a conservation easement upon them. (Ord. 1898 § 1, 2002; Ord. 1655 Part I (part), II, 1998)
15.24.050 Maintenance of developed properties.
A. Landscaping, plantings and other decorative surface treatments, including common species of grass, shall be installed and maintained to present an attractive appearance. Turf grasses shall be maintained to a height not to exceed eight inches in length. Dead tree or bush limbs shall be removed from the property when they pose a safety concern (as determined by the director of inspection services or his/her designee). Brush shall be removed from the property unless it is being used for composting. Plantings shall be maintained so as to enhance the appearance and value of the neighborhood and the city and shall comply with all provisions of the Brookfield Municipal Code. An exception to these requirements is that portion of a lot which is a wooded area of mature tree growth.
B. Duty of Abutting Property Owners.
1. The abutting property owner shall maintain the area between the curb and sidewalk and shall maintain the right-of-way area between their property line and the street pavement. Such areas shall be kept in good condition and repair, and free from debris. Turf grass and weeds shall be maintained at a height not to exceed eight inches. Noxious weeds as defined in Section 8.32.030 of this code shall be destroyed as provided by said section and the Wisconsin Statutes. The only exception to the maintenance provisions shall be the determination of the director of inspection services that the physical characteristics of the right-of-way make said maintenance hazardous for the property owner.
2. The physical or other characteristics that the director of inspection services shall consider in making this determination with respect to an exception from the maintenance requirements for ditch areas shall include, but not be limited to, slope, depth at bottom, and side structure. The presence of the following shall be deemed hazardous for maintenance by the property owner and shall be maintained by the city:
Slope of ditch is steeper than 2:1 and
Depth of ditch is greater than 3 feet
3. If a property owner fails to comply with the requirements of this section, the director of inspection services, or his designee, after first giving at least five days but not more than thirty (30) days’ written notice by mail to said owner, is authorized to perform or have performed the required maintenance. The cost of any such maintenance shall be charged against the owner of the abutting property and shall become a lien upon the abutting property as a special charge in accordance with the Wisconsin Statutes or a municipal citation may be issued to the property owner pursuant to Section 1.12.010 of the Brookfield Municipal Code. (Ord. 1655 Part I (part), III, 1998)
15.24.060 Natural landscaping regulations.
Any owner or lessee, with the consent of the owner, of land which is zoned residential in the city may choose to natural landscape their property subject to the following regulations:
A. Noxious weeds, as defined in Wisconsin State Statutes shall not be permitted on property within the city.
B. No vegetation (except trees) shall exceed a maximum height of thirty (30) inches, as measured from the road edge to the top of the vegetation, in the location designated as the vision triangle or in the city right-of-way of road intersections. Trees in the vision triangle or in city right-of-way at road intersections shall be trimmed to a height of sixty (60) inches, as measured from the road edge to the bottom branches, to allow for a clear view of oncoming traffic. The City Engineer shall have the authority to modify these dimensions as required by local conditions to ensure the safety of vehicular travel in the area. A vision triangle is also referred to as vision setback or vision setback line and has the same definition as contained set forth in Section 17.04.020.
C. Naturally landscaped properties shall be maintained in a healthy and vigorous condition, as opposed to one of impairment and decline. Properties shall not be unmanaged or overgrown in ways that may adversely affect human health or safety.
D. All turf grasses shall be mowed to a height of no more than eight inches. The property owner shall be responsible for the mowing of turf grasses or maintenance of natural landscaping up to the street pavement edge.
E. Enforcement. If the land owner does not comply with this section, the inspection services department will issue an order to correct conditions. If the conditions of the order are not met within the stated time frame, a municipal citation will be issued to the property owner (per Section 1.12.010).
Where there is a disagreement between the city and the property owner in regard to the appropriateness of a plant species, it shall be the property owner’s responsibility to show proof of the appropriateness of the plant species, through a trained professional in botany or a similar field.
F. The provisions of this section do not apply to government owned properties designated as open space in the city’s park and open space plan or government owned properties that have a conservation easement upon them. (Ord. 1904 § 1, 2003; 1898 § 2, 2002; Ord. 1655 Part I (part), IV, 1998)
15.24.070 Authority of fire chief to fire threat.
All yard areas and grass areas shall be cut between June 30th and October 15th when the fire chief so orders, consistent with his professional determination that the length of such yard or grass areas poses an unreasonable threat from fire to the safety of the area in question or its surrounding neighborhood. (Ord. 1655 Part I (part), V, 1998)
15.24.080 Penalty for violation of this chapter.
Any person, firm, partnership, or corporation who violates any part of this chapter shall be subject to the penalty and enforcement provisions in Chapter 1.12. (Ord. 2552-19 § 41, 2019)