HomeMy WebLinkAbout5.c. Weed Ordinance Review - Planning DirectorI .+
CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: JUNE 4, 1991
AGENDA ITEM: WEED ORDINANCE REVIEW
AGENDA SECTION:
PLANNING DIRECTOR
OLD BUSINESS
PREPARED BY: SHEILA KLASSEN, COUNCIL MEMBER
AGENDI-Va�A #
5 to
ATTACHMENTS: MEMO, DRAFT OF ORDINANCE
APP ED Y:
OLD ORDINANCE
The Weed Ordinance Review Committee (WORC) is recommending the attached
draft to replace our current Weed and Vegetation Control Ordinance. Major
changes in the text are:
1. Addition of definition section
2. Change in height restriction from 12 inches to 8 inches
3. Establishment of a Landscape Plan and Landscape Management Plan
4. Division of city within "like" areas of "control"
5. Establishment of an exempt "section"
6. Establishment of maintenance buffer
While keeping within the State guidelines for noxious weed control, this
draft also address:
1. Wildlife habitat preservation
2. Establishment of prairie/wildflower landscaping
3. Unsightliness
There will be a brief staff presentation to update you on the process.
RECOMMENDED ACTION:
Motion to approve the recommended draft as the revised Weed and
Vegetation Ordinance. Motion to remove the moratorium on the Weed
and Vegetation Ordinance.
COUNCIL ACTION:
�tiiy of (O?osemouni
PHONE (612) 423-4411 2875 - 145th Street West, Rosemount, Minnesota MAYOR
FAX (612) 423-5203 Mailing Address: Vernon Napper
P. O. Box 510, Rosemount, Minnesota 55068-0510 COUNCILMEMBERS
Sheila Klassen
John Oxborough
TO: Mayor Napper Harry Willcox
Council Members; Oxborough, Willcox, Wippermann Dennis Wippermann
ADMINISTRATOR
Stephan Jilk
FROM: Sheila Klassen, Council Member
DATE: May 31, 1991
RE: Draft of Weed Ordinance
The Weed Ordinance Review Committee has met over the past two months
to draft an ordinance that would provide more flexibility in allowing
wildlife habitat preservation and prairie/wildflower landscaping while
at the same time maintaining control over unsightly situations and, of
course, staying within State guidelines on noxious weed control. We
recognized the diversity of the natural features in Rosemount such as
woods, open spaces, and wetlands and in residents attitudes which
range from preferring the "traditionally" kept yard to allowing taller
growth to attract and keep wildlife, to landscaping with prairie
grasses, wildflowers, etc. In doing research we obtained the weed
control ordinance from several cities and gleaned from them ideas that
would "fit" Rosemount's needs.
First of all, the zoning districts of the City were grouped according
to property size and location where similar vegetation control
standards apply. Please not Parks and Public zoning were added only
to bring them in compliance with the ordinance and not to suggest any
change in current policies.
Exemptions to this ordinance include:
1) AG, AGP, FW, unplatted properties
2) Natural areas in any zoning district. This would allow for
wildlife habitat throughout the city.
3) Properties in any zoning district that have a city approved
landscape plan and landscape management plan in place. This
would allow for prairie/wildflower landscaping in a planned,
controlled manner as opposed to "just letting it go" which
can create unsightly situations.
The maintenance buffer is to have properties exempt from the ordinance
to keep a cut strip along the abutting lot line of those properties
"traditionally" kept providing the topography and natural features of
the exempt property make this a practical situation.
(Sverylkings (Poming Ub gosemouni.11
Please insert this page for Item 5 c., Weed Ordinance, second page of
memo from Council Member Sheila Klassen.
Page 2
The height of nuisance vegetation was lowered from 12 inches to 8
inches to minimize unsightly conditions while allowing for reasonable
time between cuttings.
I attempted to explain the major parts of the draft and would be happy
to give further explanation at the meeting. Any suggestions you have
will also be appreciated.
ij
5-2-1
G v Ire -'I -/- C "'(" r rtcC_
CHAPTER 2
WEED AND VEGETATION CONTROL
SECTION:
----�� 5-2-1: Weed Control Required
�.1 5-2-2: Control By Owner
5-2-3: Control By City, Lien
5-2-4: Penalty
5-2-3
5-2-1: WEED CONTROL REQUIRED: It shall be unlawful for any
owner, lessee or occupant, or any agent, servant, representative
or employee of any such owner, lessee or occupant having control of any
occupied or unoccupied lot or land or any part thereof in the platted areas in the
City, to permit or maintain on any such lot or land, or on or along the sidewalk,
street or alley adjacent to the same between the property line and the curb or
middle of the alley or for ten feet (10') outside the property line if there be no
curb, any growth of weeds, grass or other rank vegetation to a greater height
than twelve inches (12") on the average, or any accumulation of dead weeds,
grass or brush. It shall also be unlawful for any such person to cause, suffer or
allow poison ivy, ragweed or other poisonous plants, or plants detrimental to
health to grow on any such lot or land in such manner that any part of such ivy,
ragweed or other poisonous or harmful weed shall extend upon, overhang, or
border any public place or allow seed, pollen or other poisonous particles or
emanations therefrom to be carried through the air into any public place.
5-2-2: CONTROL BY OWNER: It shall be the duty of any owner,
lessee or occupant of any lot or land in the platted areas to cut
and remove or cause to be cut and removed all such weeds, grass or other
rank, poisonous or harmful vegetation as often as may be necessary to comply
with the provisions of Section 5-2-1. Cutting and removing such weeds,
grass and vegetation at least once in every four (4) weeks between May 15 and
September 15 shall be deemed to be a compliance with this Chapter.
5-2-3: CONTROL, BY CITY, LIEN: If the provisions of the foregoing
sections are not complied with, the Weed Inspector shall serve
5-2-3
5-2-4
written notice upon the owner, lessee or occupant or any person having the
care or control of any such lot or land to comply with the provisions of this
Chapter. If the person upon whom the notice is served fails, neglects or refuses
to cut and remove or to cause to be cut and removed, such weeds, grass or
other vegetation within ten (10) days after receipt of such notice, or if no
person can be found in the City who either represents or claims to represent
such owner, the Weed Inspector shall cause such weeds, grass and other
vegetation on such lot or land to be cut and removed and the actual cost of
such cutting and removal; plus ten percent (10%) for inspection and other
additional costs in connection therewith, shall be certified by the City Clerk to
the County Auditor and shall thereupon become and be a lien upon the
property on which such weeds, grass and other vegetation were located and
shall be added to and become and form part of the taxes L-- -------- J
and levied upon such lot or land and shall bear interest at the same rate as taxes
and shall be collected and enforced by the same officer and in the same manner
as taxes. (Ord. XIV.5, 10-7-75)
5-2-4: PENALTY: Any person who shall neglect to cut and remove
weeds, grass or other vegetation as directed in this Chapter, or
who shall fail, neglect or refuse to comply with the provisions of any notice
herein provided or who shall violate any of the provisions of this Chapter or who
shall resist or obstruct the Weed Inspector or his employees in the cutting and
removal of weeds, grass and other vegetation, shall be guilty of a misdemeanor
and, upon conviction thereof, shall be subject to a fine of not more than five
hundred dollars ($500.00) or imprisonment for not more than ninety (90) days,
or both. Each day on which such violation continues shall constitute a separate
offense. (Ord. XIV.5, 10-7-75; amd. 1983 Code)
------------------------------------------------
HAY-70-1991 12:52 FROM HERTOGS LAIN I14E TO 4235203 P.02
WEED AND VEGETATION CONTROL
5-2--»1 DEFINITIONS
A. Noxious Weeds. Noxious weeds shall be those plants which are
determined, from time to time, to be noxious weeds pursuant to Minn.
Stat. §18.171, Subd. 5.
B. Lill. Y. City shall mean the City of Rosemount.
C. Landsca2e Plan. The Landscape Plan shall be an accurately dimension
drawing of a property showing the location of existing and proposed
structures, pavement, trees, shrubs, grasses, flowers, areas of
nonliving ground cuver, site furniture and furnishings. The Plan
shall label symbols shown; provide construction notes, details and
sections as are necessary for a complete installation; and provide
calculations fur any required buffering, screening, open space or
impervious surface requirements or limitations. Commercial,
industrial, office and multi -family project plans, where the
structure is over, 5,000 gross square feet, shall be prepared under
the supervision of a landscape architect.
D. Landscape Management Plan. A Landscape Management Pian shall be a
written description of how the property owner or manager wi 11 prepare
the property prior to the new or refurbished landscape construction;
how noxious weedy ds defined by the State of Minnesota will continue
to be controlled; what the establishment period will be; and what
maintenance efforts will occur during and after the establishment
period Lu create and perpetuate the proposed landscape plan.
E. Natural Area. A Natural Area shall include those areas which consist
of slopes equal to or greater than 3:1, those areas which are
adjacent to public open spaces, parks or drainage ways which are
retained in a natural condition with natural vegetation, or open
spaces one acre or larger, woods and wetlands.
F. Maintenance Buffer. A Maintenance Buffer shall be an area of a lot
or parcel zoned RR, RL, !P or WM lying within five feet of a lot or
parcel zoned R-1, R-2, R-3, R-4, C-1, C-2, C-3 or C-4, or RR if the
lot or parcel is maintained as though it were zoned R-1, R-2, R-3,
R-4, C-1, C-2, C-3, or C-4.
" r
It" .a
5--2---2 NUISANCE
A. Noxious Weeds. Notwithstanding any provision of this Ordinance to
the contrary, noxious weeds growing upon any lot or parcel of
property, regardless of height, zoning classification or area on the
parcel upon which they are growing, are hereby declared to be a
nuisance and dangerous to the health and safety of the City.
----------
12'- 5 FF'OH HERTOGS LAW I HE TO
4235203 P-03
8. R-1 R-2 R-3 R-4 C-1 C-1 L-3 C-4 Zoning Districts. All weeds
other than noxious weeds or growing grasses upon any lot or parcel
of land in the City in zoning districts R-1, R-2, R-3, R-4, C-1, C-
2, C-3, C-4 LlIdt measure, from ground to tip, in excess of eight
inches, or which have gone or about to go to seed, are hereby
declared to be a nuisance and dangerous to the health and safety of
the City.
0
C`.r RR RL IP- IG WM-ZoninQ Districts; Maintenance Buffer. All weeds
(other than noxious weeds) or growing grasses upon any lot or parcel
of land in the City in zoning district RR, RL, IP, IG, WM lying
within a Maintenance Suffer, or surrounding any structures, that
measure, from ground to tip, in excess of eight inches, or which have
gone or are about to go to seed, are hereby declared to be a nuisance
and dangerous to the health and safety of the City.
D. Parks and Public Lands. All weeds (other than noxious weeds) or
growing grasses upon any lot or parcel of land in the City zoned
parks or public lands lying within a Maintenance Buffer, that
measure, from ground to tip, in excess of eight inches, or which have
gone or are about to go to seed, are hereby declared to be a nuisance
and dangerous to the health arid safety of the City.
5---2-3 EXEMPTIONS
A. Zoning Districts Not Included in 5----2----2. Land lying within any
zoning districts rtuL included in Section 5--2-2 are exempt from this
Ordinance except as set forth in Section 5--2-3 D below.
B. Landscape Pian and Land Management Plan. Property owners or their
assigned managers who file both the landscape plan and landscape
management plan with the City to create and maintain ornamental
grasses, wetldtrd, wooded land, upland, prairie or wild flowers shall
be exempted from this Ordinance. Exemptions shall be granted
administratively. Failure to maintain the parcel in accordance with
the Landscape Management Pian upon proper notice shall void the
Ordinance exemption.
C. Natural Areas. Natural areas shall be exempt from this Ordinance.
D. Noxious Weeds. Noxious weeds, regardless of height, zoning
classification of lot or parcel on which they are found, shall not
be exempt from this Ordinance.
5-2--4 ENFORCEMENT
A. Notice. Upon discovery of a nuisance as defined in this Ordinance,
the weed inspector, or his or her assistant or designee, shall serve
a notice upon the owner, occupant or agent of the owner of the
pry perty ordering such person to have such weeds or grass cut and
removed or otherwise eradicated and removed within ten days from the
12:53 FROM HERTOGS LAW IHE TO
4235203 P.04
date of service. The Notice shall also state that in the event of
noncompliance, cutting, removal or eradication will be done by the
City, with all costs to be paid by the owner, together with an
administrative fee of ten percent. of the costs, or $10.00, whichever
is greater.
B. Assessment. A record showing the cost of work attributable to each
separate luL or parcel shall be delivered to the City Clerk. If all,
costs and fees are not paid within 30 days of the date of completion
of the work, the amount so charged, including the administrative
charge, Lugether with interest thereon, at the maximum lawful rate
permitted, against said lot or parcel of land, together with a
description of the premises and the name of the owner, if known,
shall be c:er•Lified to the County Auditor and shall be collected in
the same manner as taxes and/or special assessments against said
premises. The charge shall be a perpetual lien on the premises until
paid.
5-w-2-5 HINDERANCE OF CITY EMPLDYEES
A. Any person who shall hinder a city employee in carrying out the
requirements of -this Ordinance shall be guilty of a misdemeanor.
5—w2-6 RMULATIVE
A. Nothing conLained in this Ordinance shall be
supersede any other statute, regulation or
remedies of the City set forth herein shall b
remedies ur the City contained in any other
regulation or ordinance.
Pr .
construed to limit or
ordinance, and the
e cumulative with the
applicable statute,