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Home My WebLink About6.a. Weed Ordinance Discussion � . f � . .. � � . . . . . . . . . . � . . . . . . . . . , . . . . . CITY OF ROSEMOtTNT EXECUTIVE 'SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: NOVEMBER 20, 1990 AGENDA ITEM: AGENDA SECTION: WEED ORDINANCE DISCUSSION/PETITION NEW BUSINESS PREPARED BY: AGENDA �CZ'Cn/� � �� STEPHAN JILK, CITY ADMINISTRATOR I Gevl ATTACHMENTS: AP D BYz CITY CODE SECTION 5-2, PETITION, MEMO This item consists of discussion on the .present City Ordinance on weed control, the establishment of a process to review the ordinance and revise it and the receipt of a petition addressing citizens concerns about the week ordinance. RECOMMENDED ACTION: 1. To receive the petition and place it on file. 2 . To authorize the establishment of a review committee for the review of Code Section 5-2 and development of code revisions. COUNCIL ACTION: Received petition to modify Weed and Ve etation ordinance. Authorized establishment of a committee to review �he existing weed ordinance . TO: Mayor Napper Council Members Klassen, Oxborough, Willc4x, Wippermann FROM: Stephan Jilk, City Administrator DATE: November 16, 1990 RE: Weed Control This past summer seemed to have more than the usual amount of activity involving complaints about "weeds" in the city and the city having to have them cut under our eity code; Chapter 2, section 5-2-1 to 5-2-4 . (attached for your reference) . The "weed and vegetation control" section of our City Code was originally adopted in 1975 and amended in 1983, This code section, like many others was originally adopted to address a problem of property owners not maintaining their lawns in an acceptable manner and thus requiring intervention by the city. Since the ordinance was adopted their have been many changes in the community and much development. Peoples attitude toward the "stewardship" responsibilities we all carry toward the management of our land has changed and people generally look to the use and maintenance of property differently now than they did in 1975. To simply have an ordinance which allows the city to have vegetation cut which has reached a certain level based upon complaints by others is probably not broad enough in scope to prevail in todays society. Added to this is the fact that Rosemount is a community which is made up of many different types of land uses and types of development. Council Member Klassen and I have met with one property owner from Rosemount Hills Third Addition and discussed the concerns that the existing ordinance is not sufficient and should be revised. A petition will be presented at the council meeting addressing those concerns. A copy of the petition is also attached. My recommendation is that representatives of the community be asked to join in with city staff to review the existing ordinance, other city ordinances covering weed and vegetation control, and current information available from other sources to draft a more encompassing and more manageable ordinance. We have a few months from now until spring of 1991, when the issue will again be before us so that we have some time to work on this. With your consensus this process could start right after January, 1. • � 5-2-1 5-2-3 .� � CHAPTER 2 WEED AND VEGETATtON CONTROL � � . _ U'� SECT(ON: - 5-2-1: Weed Control Required �� 5-2-2: Control By Owner 5-2-3: Control By City, Lien 5=2-4: Penalty 5-=2-1: �'F'EED 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 5��e h.�> occupied or unoccupied lot or land or any part thereof in the ptatted areas in t� s r 2 � � ��' ' City,to permit or maintain on an y such lot or land, or on o r a l o n g t h e s i d ewa l k, ��-'�'�'" ' -= street or alley adjacent to the same between the property line and the curb or middle of the alley or for ten feet t10'1 outside the property line if there be no cu�b, any growth of weeds, grass or other rank vegetation to a greater height ��e� th Iv inches (12" n the average, or any accumulation of dead weeds, grass or brush. It sha also be unlawfuf for any such person to cause, suffer or allow poison ivy, ragweed or other poisonous plants, or plants deirimental to health to grow on any such lot or land in such manner that any part of such ivy, rag+n�eed or other poisonous or harmful weed shall extend upon, overfiang, or border any public place or allow seed, po(len or other poisonous particles or emanations therefrom to be carried through the air into any public place. - 5-2-2: CnNTROL BY O�'�'NER: 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 sha)I be deemed to be a comp(iance with this Chapter. �.<:,1 5-2-3: CONTROI, RY CiTY. I,1EN: 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 �erved 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 � no `�'� person can be found in the City who either represents or claims to represent �� such owner, the Weed Inspector shaU cause such weeds, grass and other n" ��'�, . vegetation on such lot or land to be cut and removed and the actual cost af such cutting and removal; plus ten percent (i0%? f r inspection and other ~ additional costs in connection therewith, shall be certifie ��f"r c�—�1 J��o 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 ofi the taxes next to be assessed ` 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.S, 10-7-75} 5-2--4: 1'ENAI,TY: Any person who shall neglect ;o 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 sfiall resist or obstruct the Weed Inspector or his ernployees in the cutting and remova! 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 (5500.pQ) or imprisonment for not more than ninety (9p) days, or both. Each day on which such violation continues shall constitute a separate � offense. kOrd. XIV.5, 10-7-75; amd. 1983 Code) - i �. ; ; ; �_ . _� . We the undersigned residents of Rosemount, Minnesota petition that the City modify the Weed and Vegetation Control Ordinance, Section S-2-1 through 5-2-4 to exempt any rural residential lot of one acre or more from this ordinance. We wish this for the following reasons: . 1) Maintain necessary habitat for wildlife 2) Protect the environment from damage by pesticides, fertilizers, herhicides, and other chemicals 3) Reduce energy usage of lawn mowers and other maintenance implements 4) Preserve and restore natural vegetation except f or species on the Minnesota list of noxious plants '�e the undersi��ed residents of �osemount, Kinn�sota petition that the Ci�y modify the Weed and Vegetation Contr�l Ordinance, Sectiun 5-2-1 throu,h 5-?-4 to exempt any rural residential lot of one acre �r more from this ordinance. - We wish this for the following reasons: , 1) �Saintain necessary habitat for wildlife 2) Protecr the enviranment from damage by pesticides, fertilizers, herbicides, and other chemicals , 3) Reduce energy usage of lawn mowers and other maintenance implements 4) Preserve and xestore natural vegetation except for species on the Minnesota list of noxious plants A E ADDRESS PHQNE �'�" �03 " �"� ��?3:o�/.�"" J � � ` � � �(��1--3�`l.� � � - - � �k�3 0 ��-� ,�,� �ls � 3� /,3 � l � � ��-3 - �� 7� �� -�-c.- �o��l �a�.� l�� 3=3�(�3 � ��- �{�.� - �/7 SS � z � - I s� � �,s o� �J�,► �z3-s� ► � . _/��Zv �/�o�,/� � �� /Z �2O �G��7�ic C� ��3—.3�7Z,_ i 30��((°°�1�,E'��l�� , s � . . �a � � . � � . jo2s �31�� w. ya3 - yy� o .�3/�/_3 Gv� /�/ �t- ��3 - �L�._ � , . �' IGr' c{ ( � � � ,{.�,� , We the undexsigned residents of �osemount, Kinnesata petition that the Ci�y modity the Weed and Vegetation Control Ordinance, 5ection 5-2-1 through 5-2-4 to exempt any rural residential lot o� one acre or more from this ordinance. We wish this for the following reasonsc , 1) Maintain necessary habitat for wildTife 2) Protect the environment from damage by pesticides, fertilizers, herbicides, and other chemicals , 3) Reduce energy usage of lawn mowers and other maintenance implements , 4) Preserve and restore natural vegetation except for species on the Minnesota list of noxious plants NAME ADDRESS PHONE f � , . `�a�v 1�� S� �r �,'," ��i `�- - (� 3�a' i�S' t�as�rrlv�r�i�%'� �a� �3�/C�b . � ��5� - ��-/ .s.�`-�� . �ac�-,�JJ ti 3 y�� I�� G� ��.�-y�7s.�` � ` -- l�ce� <4��-� �� _ ��./ �:c.!�-u-� �3o�t s �2�- �65"�- c--- �1�.� � � ��?�.�..��`� �-- �� /bl � ��-5��c�x,r.h< n"�.�/SSi/i `l�sl�1 Gl� ��'z� G��x,1 ✓ '� '� ✓ ` h�,tih�'��.� �j�S<< �X��,i,r�y�� J" 3��{ � � , �,�t,�-P L,: i�t�� (�..��("�..� (,� `�a�,a�i 3�' f � �.o�,� �- s�� s� _. � �� I�� / � �� 3 � 2--- �J l�'t-� � ��r. � - � zo7 -�� . � We the undersigned residents of �osemount, Minnesota petition that the City modify the Weed and Vegetation Control Ordinance, Section 5-2-1 ;.hrough 5-2-4 to exempt any rural rzsidential lot of one acre or more from this ordinance. We wish this for the following reasons: � " 1) Maintain necessary habitat for wildlife 2) Protect the environment from damage by pesticides, fertilizers, herbicides, and other chemicals � 3) Reduce energy usage of lawn mowers and other maintenance implements 4) Preserve and restore natural vegetation except for species on the Minnesota list of noxious plants NAME ADDRESS PHONE ° � - r � � �� i�y� � .i",`��^__:�� ?! '�� .�r-�{ �/3,' '�� c'��''��v"�,-..y-� .� ' L '��=%' � �,'�'��I�! :3t� ..�'; - 13 i .:v�. ,ti /�="��,��! �u-=--� �- -3��.� . . . , . , �. .�-�'"i1 r� �_ � r,� t f :�� ,;_�:.,� Y1� /3/ �/�3 :��. �� aT' i ``-��J��,:��-'T;�� _1��, 3�;a ��I � c� L�-3 --4,�� , � - . C.��- . ' � , _ �'�C^ �� .�_� =/`�� `� t� 0 � /:��y� cl�r1 �. �l" �3 -so�� ( _ � �c> S� �!1 �� - o � _.�_ ��- ��b y� GU � � , �t �� -� C l � �-�� % �� _ � - =�� ., �, ,, � �L��i�� f �' O ��, G �ff�x�-�Yfi,�� L/!i -��-� 9 (i�i ,� Y �