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HomeMy WebLinkAboutOrd. 219 - Weeds, Grasses, Etc. ORDINANCE NO. 219 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA An Ordinance repealing Ordinance No. 34, adopted March 16, 1976. AN ORDINANCE REGULATING AND CONTROLLING WEEDS AND GROWING GRASSES AND OTHER HARMFUL VEGETATION IN THE CITY OF ANDOVER. The City of Andover hereby ordains: Section 1. Purpose. Noxious weeds and other harmful vegetation is subject to needless abuse, creating 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 ordinance is to ensure proper maintenance of noxious weeds, vegetation and grasses. The City Council fmds that establishing a height limitation for certain vegetation is of bestinterest of the public health, safety and welfare and is reasonable maintenance standard. SectiQ..n 2. Definitions. The following words shall have the meanings as specified: Weeds include all noxious weeds as defined by the statutes of the State of Minnesota and all such useless and troublesome plants as are commonly known as weeds to the general public. Weed Insnector the City Administrator or its designee. Section 3. Maintenance Standards. Weeds or grasses growing to a height of twelve (12) inches or greater or which have gone or about to go to seed upon any lot or parcel ofland within the platted portions of the City rnay be declared by the Weed Inspector to be a nuisance. In determining whether weeds or growing grasses constitute a nuisance, the Weed Inspector shall consider one (I) or more of the following: The weeds or growing grasses - I) are located within two hundred (200) feet of a platted area; I 2) are located within one hundred (IOO) feet of any occupied dwelling, office, commercial or industrial building; 3) create a general aesthetic depreciation of the neighborhood; 4) are defined by Minnesota Statutes; 5) are a detriment to the public health, comfort or safety of the residents of the City. Section 4. Permitting a Nuisance and General Notice Requirements. Whenever the City determines that a public nuisance is being maintained or exists on the premises in the City, 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. The notice shall specify the steps to be taken to abate the nuisances and the time; not exceeding ten (10) days, with which the nuisance is to be abated. Such notice shall also state that in the event of non-cornpliance, abatement will be done by the City of Andover at the owner's expense. When no owner, occupant, or agent of the owner can be found, notice shall be sent by registered or certified mail to the person who is listed on the records of the County Auditor or County Treasurer as the owner; service will be complete with mailing. Section 5. Recovery of Costs. 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 twenty (20%) percent administrative costs. Soon as the work is completed and the costs determined, the Weed Inspector shall prepare a notice in writing to the owner. The notice shall state the work done and the costs and expenses involved, and shall be served on the owner or occupant of the property in accordance with the individual notice provisions stated in Section 4. Such notice shall provide a tabulation of the total costs and expenses involved and shall indicate that if the total amount is not paid to the City within thirty (30) days or before the following October 1st, whichever is later, the costs and expenses shall be a lien in favor of the City and maximum allowable interest will be added to the amount due as of that date with a total cost, expenses and penalties thereupon to be certified to the County Auditor and entered by him or her on his or her tax books as a lien upon such property. Section 6. Penalty. Any person violating any provision of this ordinance shall be guilty of a rnisdemeanor and upon conviction thereof shall be punished in accordance with the provisions as defined by State law. 2 Section 7. Additional Penalty. 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 ordinance. Adopted by the City Council of the City of Andover on this.6ili day of May, 1997. ATTEST: CITY OF ANDOVER tLt-~ tt/L Victoria V olk, City Clerk , {. )J1~ J(.Jv . E. McKelvey, Mayor 3 CITY OF ANDOVER COUNTY OF ANOKA STATE OF MINNESOTA ORDINANCE NO. 2I9A AN ORDINANCE REGULATING AND CONTROLLING WEEDS AND GROWING GRASSES AND OTHER HARMFUL VEGETATION IN THE CITY OF ANDOVER. An Ordinance amending Ordinance No. 219, adopted May 6,1997. The City of Andover hereby ordains: Section 1. Purpose. Noxious weeds and other harmful vegetation is subject to needless abase, creating creates 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 ordinance is to ensure proper maintenance of noxious weeds, vegetation and grasses. The City Council finds that establishing a height limitation for certain vegetation is of best interest of the public health, safety and welfare and is reasonable maintenance standard. Section 2. Definitions. The following words shall have the meanings as specified: Grass Anv vezetative f!:f'ound cover that does not include noxious weeds as defined bv State Statute or natural areas as defined bv this ordinance. Heavilv Forested Area Anv area that is imvractical to maintain due to the densitv of trees. Natural Area An area that does not include noxious weeds that is vurvoselv left to grow in a natural state and contains vezetation that can maintain itselfin a stable condition. Weeds include all noxious weeds as defined by the statutes of the State of Minnesota and all such useless and troublesome plants as are commonly known as weeds to the general public. Weed lnsvector the City Administrator or its designee. Section 3. Maintenance Standards. A. All noxious weeds as defined by State Statute are required to be remoyed within ten (10) days of notification from the City. B. All properties less than one acre in size are required to maintain a uniform grass height ofless than twelve (12) inches in height with the following exceptions: 1. Wetlands 2. Wetland buffer areas 3. Storm water ponds 4. Heavily forested areas 5. Parks and nature preserves 6. Natural area not to exceed one quarter of lawn area. 7. Slopes greater than 3:1 C. All properties with a lot area greater than one acre are required to maintain a uniform grass height ofless than twelve (12) inches in height in the following areas of the property: 1. in public rights-of way as defined in Ordinance No. 106 2. an area thirty (30) feet in width adiacent to maintained lawns of neighboring properties. This area need not exceed the minimum front yard setback of the adiacent property. 3. All lawn areas within the minimum front yard setback that are located directly in front of the dwelling. This area need not exceed 100 feet in width. 4. On comer lots, all areas within the minimum side yard setback that are adiacent to the side of the principal structure. This area need not exceed 50 feet in width. 5. Exceptions to these requirements include: a. Wetlands b. Wetland buffer area c. Storm water ponds d. Heavily forested areas e. Parks and nature preserves e. Agricultural property g. Slopes greater than 3: 1 Weeds or grasses gro',ying to a height ofhvebe (12) inches or greater or 'limch haye gone or abcmt to go to seed upon any lot or parcel of land '.vith greater than ol3.e acre in lot area within the platted portions of the City may be declared by the Weed Inspector to be a nUISance. In determiHiag whether weeds or gro'.ving grasses constitute a nuisance, the Weed Inspector shall cOl3.sider ol3.e (1) or more of the follmving: The ','.'eeds or gro'liing grasses 1) are located within two hUfldred (200) feet of a platted area; 2) are located wi-thin one hundred (100) feet of any occupied dwelling, affice, commercial or industrial building on an adiacent property; 3) create a gefleral aesthetic depreciation of the neighborhood; 4) are defined by Minnesota StaMes; 5) are a detrimeat to the public health, comfort or safety of the residents onhe City. Section 4. Permittinl! a Nuisance and General Notice Reauirements. Whenever the City determines an adiacent property owner files a complaint that a public nuisance is being maintained or exists on an adjacent property in the City, the City shall inspect the property to determine the validity of the complaint. If the complaint is valid, 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. The notice shall specify the steps to be taken to abate the nuisances and the time; not exceeding ten (10) days, with which the nuisance is to be abated. Such notice shall also state that in the event of non-compliance, abatement will be done by the City of Andover at the owner's expense. When no owner, occupant, or agent of the owner can be found, notice shall be sent by registered or certified mail to the person who is listed on the records of the County Auditor or County Treasurer as the owner; service will be complete with mailing. Section 5. Recoverv of Costs. 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 twenty (20%) percent administrative costs. Soon as the work is completed and the costs determined, the Weed Inspector shall prepare a notice in writing to the owner. The notice shall state the work done and the costs and expenses involved, and shall be served on the owner or occupant of the property in accordance with the individual notice provisions stated in Section 4. Such notice shall provide a tabulation of the total costs and expenses involved and shall indicate that if the total amount is not paid to the City within thirty (30) days or before the following October 1st, whichever is later, the costs and expenses shall be a lien in favor of the City and maximum allowable interest will be added to the amount due as of that date with a total cost, expenses and penalties thereupon to be certified to the County Auditor and entered by him or her on his or her tax books as a lien upon such property. Section 6. PenaItv. Upon the first abatement of a nuisance the pro~ertv shall be subiect only to the costs outlined in Section 5 of this ordinance. An additional financial penalty will be imposed on properties that have a second nuisance abated as defined by the City Council. Each successive nuisance abated thereafter shall be subiect to a cumulative penalty per occurrence as defined by the City Council. Any person violating any provision of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punished in accordance with the provisions as defined by State law. Section 7. Additional Penaltv. 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 ordinance. Adopted by the City Council of the City of Andover on this 2nd day of October, 2001. ATTEST: CITY OF ANDOVER ~~//A?d-< l . / MIchael R. Gamache, Mayor ~ vdb Victoria V oIk, City Clerk