HomeMy WebLinkAboutOrd. 553 - Amendment 4-4CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 553
THE CITY COUNCIL OF THE CITY OF ANDOVER HEREBY ORDAIN AS
FOLLOWS:
AN AMENDMENT TO CITY CODE 4-4: WEEDS, GRASSES AND OTHER
HARMFUL VEGETATION
EV_
WEEDS, GRASSES AND OTHER HARMFUL VEGETATION
SECTION:
4-4-1:
Findings; Purpose; Nuisance Declared
4-4-2:
Definitions
4-4-3:
Maintenance Standards
4-4-4:
Permitting A Nuisance; Notice Requirements
4-4-5:
Abatement Costs
4-4-6:
Interference With City Officials
4-4-7:
Penalties
4-4-1: FINDINGS; PURPOSE; NUISANCE DECLARED: Noxious weeds,
grass exceeding the height limits allowed under this Chapter, and other harmful
vegetation create a detriment to public health, comfort and convenience of the residents
of the city as well as creating a general aesthetic depreciation. The growth of such
vegetation is hereby declared to be a nuisance. The purpose of this chapter is to ensure
proper maintenance of noxious weeds, vegetation and grasses. The City Council finds
that establishing a height limitation for certain vegetation is in the best interest of the
public health, safety and welfare and is a reasonable maintenance standard. (Ord. 219A,
10-2-2001)
4-4-2: DEFINITIONS: The following words shall have the meanings as
specified:
GRASS: Any vegetative ground cover that does not include "noxious
weeds" as defined by State Statute or "natural area" as defined
by this chapter.
HEAVILY
FORESTED
AREA: Any area that is impractical to maintain due to the density of
trees.
MANAGED
NATURAL
LANDSCAPE: A planned, intentional, and maintained planting of native or
nonnative grasses, wildflowers, forbs, ferns, shrubs or trees,
including but not limited to rain gardens, meadow vegetation, and
ornamental plants. Managed natural landscapes does not include
turf -grass lawns left unattended for the purpose of returning to a
natural state.
Meadow
Vegetation: Grasses and flowering broad -leaf plants that are native to, or
adapted to, the State of Minnesota, and that are commonly found in
meadow and prairie plant communities, not including noxious
weeds.
Noxious Weeds: Includes all "noxious weeds" as defined by Minnesota State
Statute as may be amended.
Ornamental
Plants: Grasses, perennials, annuals, and groundcovers purposely planted
for aesthetic reasons.
Rain Garden: A native plant garden that is designed not only to aesthetically
improve properties, but also to reduce the amount of stormwater
and accompanying pollutants from entering streams, lakes, and
rivers.
Turf -Grass Lawn: A lawn composed mainly of grasses commonly used in regularly
cut lawns or play areas, including but not limited to bluegrass,
fescue, and ryegrass blends, intended to be maintained at a height
of no more than eight inches.
WEED
INSPECTOR: The City Administrator or his/her designee.
4-4-3: MAINTENANCE STANDARDS:
A. Removal Of Noxious Weeds: All "noxious weeds", as defined by State Statute,
are required to be removed within ten (10) days of notification from the city.
B. Height Requirements: Any grasses or weeds growing upon any lot or parcel of
land to a height greater than eight inches or that have gone or are about to go to
seed are prohibited with the following exceptions:
a. Managed natural landscapes provided they do not include any noxious
weeds and are otherwise maintained.
b. Wetlands and wetland buffer areas.
c. Storm water ponds.
d. Heavily forested areas.
e. Parks and nature preserves.
f. Slopes greater than 3:1.
g. Properties within the AgP — Agricultural Preserve overlay district.
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4-4-4: PERMITTING A NUISANCE; NOTICE REQUIREMENTS: The
weed inspector shall have the power to enter upon and inspect all public and private
places within the city and take all reasonable precautions to prevent the commission and
maintenance of public nuisances under this chapter. Whenever, during an inspection, it is
determined that such a public nuisance is being maintained or exists the city shall notify,
in writing, the owner/occupant of the premises of such fact and shall order that said
nuisance be terminated and abated. The notice shall be served in person or by certified or
registered mail, addressed to the last known address of the owner. If the property is
unoccupied and the owner is unknown, the notice may be served by posting of the notice
on the premises upon which the violation is located. The notice shall specify the steps to
be taken to abate the nuisance and the time, not exceeding ten (10) days from the date of
4-4-4: PERMITTING A NUISANCE; NOTICE REQUIREMENTS: The
weed inspector shall have the power to enter upon and inspect all public and private
places within the city and take all reasonable precautions to prevent the commission and
maintenance of public nuisances under this chapter. Whenever, during an inspection, it is
determined that such a public nuisance is being maintained or exists the city shall notify,
in writing, the owner/occupant of the premises of such fact and shall order that said
nuisance be terminated and abated. The notice shall be served in person or by certified or
registered mail, addressed to the last known address of the owner. If the property is
unoccupied and the owner is unknown, the notice may be served by posting of the notice
on the premises upon which the violation is located. The notice shall specify the steps to
be taken to abate the nuisance and the time, not exceeding ten (10) days from the date of
said notice, within which the nuisance is to be abated. Such notice shall also state that in
the event of noncompliance, abatement will be done by the city at the owner's expense.
(Ord. 219A, 10-2-2001; Amended Ord. 383, 6-2-09)
4-4-5: ABATEMENT COSTS:
A. Liability For Costs: If the nuisance is not abated within the period stated in the
notice provided to the owner, the weed inspector may arrange for the immediate
abatement of the nuisance. The owner of the premises on which such a
nuisance has been abated by the weed inspector shall be personally liable for the
cost to the city of the abatement, including and administrative fee in accordance
with the City's fee schedule (Amended Ord. 383, 6-2-09; Amended Ord. 547,
2-7-23)
B. Notice Of Costs: As soon as the abatement work is completed and the costs
determined, the weed inspector shall prepare a written notice to the owner,
identifying the work done and a tabulation of the costs and expenses involved,
which shall be served on the owner of the property in accordance with the notice
provisions stated in Section 4-4-4 of this chapter. Such notice shall further
provide that if the total amount is not paid to the city within thirty (30) days the
costs, expenses, and maximum allowable interest shall be collected as an unpaid
special assessment pursuant to Minnesota State Statute 429.101. (Ord. 219A, 10-
2-2001; Amended Ord. 383, 6-2-09)
4-4-6: INTERFERENCE WITH CITY OFFICIALS: It is a misdemeanor for
any person to prevent, delay or interfere with city employees or agents of the city when
they are engaged in the performance of duties set forth in this chapter. (Ord. 219A, 10-2-
2001)
4-4-7: PENALTIES:
A. Financial Penalty: Upon the first abatement of a nuisance, the property shall be
subject only to the costs outlined in Section 4-4-5 of this chapter. An additional
financial penalty will be imposed on properties that have a second nuisance
abated, as determined by the City Council. Each successive nuisance abated
thereafter shall be subject to a cumulative penalty per occurrence as determined
by the City Council. (Amended Ord. 383, 6-2-09)
B. Misdemeanor Penalty: Any person violating any provision of this chapter shall
be guilty of a misdemeanor and, upon conviction thereof, shall be punished in
accordance with the provisions as defined by state law. (Ord. 219A, 10-2-2001)
All other Titles, Chapters and Sections of the City Code shall remain as written and
adopted by the Andover City Council.
Adopted by the City Council of the City of Andover this 18`h day of August 2023.
ATTEST:-
is e e Hartner, Deputy City Clerk
CITY OF
`�
CITY OF ANDOVER
COUNTY OF ANOKA
STATE OF MINNESOTA
ORDINANCE NO. 553 SUMMARY
AN ORDINANCE ORDAINING AN AMENDMENT TO CITY CODE
STATUTORY AUTHORIZATION AND POLICY
Statutory Authorization
This ordinance amendment is adopted pursuant to the authorization and policies contained in
Minnesota Statute 412.
Policy
The purpose of the Ordinance is to protect the public health, safety, morals and welfare of residents
of the City of Andover. The amendment adjusts the City of Andover's nuisance ordinance
relative to long grass, weeds and other harmful vegetation to align it with the provisions of
Minn. State Statute 412.925.
GENERAL PROVISIONS AND
Jurisdiction
The provisions of this ordinance shall apply to the City of Andover.
Enforcement
The City Administrator or his/her designee shall have the authority to enforce the provisions of
this ordinance.
Interpretation
Interpretation of the provisions of this ordinance shall be held to be the minimum requirements
and shall be liberally construed in the favor of the governing body.
A printed copy of this ordinance is available for inspection by any person during regular hours of
the City Clerk.
Adopted by the City Council of the City of Andover on this 18' day of August.
ATTEST:
CITY OF
ici elle Hartner, Deputy City Clerk �Sheri