HomeMy WebLinkAbout10A - City Code Grass & Weed Maintenance Requirements
4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
CITY COUNCIL AGENDA REPORT
FEBRUARY 17,2009
10A
JESSE CORROW, CODE ENFORCEMENT OFFICER
CONSIDER APPROVAL OF AN ORDINANCE AMENDING
SECTION 603.100 OF THE CITY CODE TO UPDATE THE
CURRENT GRASS AND WEED MAINTENANCE
REQUIREMENTS.
Introduction
The purpose of this report is to consider an amendment to Section
603.100 of the City Code. The proposed amendment redefines
the requirements for grass and weed maintenance on
undeveloped and vacant property within the city. This amendment
will also further distinguish areas which are exempt from the
requirements of the ordinance.
Historv
Section 603.101 currently states that is shall be unlawful to allow
vegetation on "any occupied or unoccupied lot or land or any part
thereof in the City..." to grow beyond a height of twelve inches
(12"). This is followed by a list of general exceptions. Over time we
have learned that the current exceptions are not comprehensive
enough for effective enforcement.
Current Conditions:
The proposed amendment further defines the current exceptions
to include the following:
~ Slopes greater than three feet horizontal to one foot
vertical (3:1 ratio), will not be required to be trimmed. This
standard is provided in the MNIDOT Maintenance Manual
and is intended for safety reasons, protects against
equipment breakdown and preserves the stability of
slopes.
~ In addition to the current list of exempted areas, Wetland
Buffers and Raingardens will not be required to be
trimmed.
~ This amendment will establish a vegetation growing
season of April 1st through November 1st. The current
ordinance uses a growing period of May 15th through
September 15th. The proposed ordinance increases the
time frame which allows for enforcement during unusually
early or late growing seasons.
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The recent housing market slowdown coupled with a surplus of
vacant lots within the City of Prior Lake, has proven to be
increasingly challenging to enforce the current ordinance in many
vacant areas. The addition of Section 603.300: Undeveloped
Property provides a practical approach towards easing the
requirements on certain vacant lots while continuing to maintain
the overall appearance of these areas. Section 603.300 is
proposed as follows:
603.300:
UNDEVELOPED PROPERTY:
603.301 :
All undeveloped lots shall maintain a fifteen foot (15')
strip of trimmed vegetation to a height of not over
twelve inches (12") along any adjacent developed
lots and any bordering city street.
603.302:
Following the initial grading and seeding of an
undeveloped lot, vegetation will be allowed to grow
to the height necessary to establish a proper root
system.
603.303:
Exceptions:
~ In Residential Use Districts, this ordinance will
not apply to undeveloped property; provided the
undeveloped property does not abut a developed
lot containing a building or provided the
undeveloped property is greater than one acre in
size, and provided the lot is in compliance with
the provisions of Section 603.301.
~ In Commercial and Industrial Use Districts, this
ordinance will not apply to undeveloped lots
which are greater than one (1) acre in size
provided the lot is in compliance with the
provisions of Section 603.301. The city code
enforcement officer may determine and enforce a
wider strip of trimmed vegetation; depending on
any unique conditions.
ISSUES:
The proposed amendment would no longer require all vacant
properties to be trimmed. Under certain circumstances, a vacant
lot would be exempt from the requirements of this Ordinance. The
ordinance recognizes the difficulty in maintaining all vacant lots to
the current residential standard, but it does recognize the need for
some standard. The maintenance of a strip adjacent to the
roadways, and also requires maintenance of any vacant lot
adjacent to a developed parcel. The intent is to balance
aesthetics with some practical considerations.
The proposed ordinance differentiates the requirements between
residential lots and commercial and industrial lots. It can be very
difficult to maintain the maximum allowable height of grass and
weeds in commercial and industrial lots; due to the large area.
Staff feels a trimmed strip of vegetation around the perimeter of
these large lots would be suitable.
FINANCIAL
IMPACT:
The adoption of this amendment would have minimal financial
impact, as this Ordinance is currently monitored and enforced.
ALTERNATIVES:
The City Council has the following alternatives:
1. Adopt an ordinance amending the text of the City Code as
proposed or with changes specified by the City Council.
2. Deny the amendment to the ordinance.
3. Defer consideration of this item and provide staff with specific
direction.
RECOMMENDED
MOTION:
Alternative #1, a motion and second to adopt an ordinance
amending Section 603.100 of the Prior Lake City Code.
-
The City Council of the City of Prior Lake does hereby ordain that:
1. Section 603 of the Prior Lake City Code is hereby amended to delete the section in
its entirety and to add the following language::
SUBSECTIONS:
603.100:
603.200:
603.300:
603.400:
603.500:
603.100:
603.101
603.1 02
SECTION 603
WEEDS
CUTTING AND REMOVAL OF GRASS AND WEEDS
DuTY OF OWNER, LESSEE OR OCCUPANT TO REMOVE
UNDEVELOPED PROPERTY
WORK DONE BY CITY
PENALTY
CUTTING AND REMOVAL OF GRASS AND WEEDS:
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
City to permit or maintain on any such lot or property or along the sidewalk,
street or alley adjacent to the same, any growth of plants, grass, brush, or
other weeds or vegetation which is horticulturally out of place to a height
greater than twelve inches (12"). This requirement does not apply to the
following:
~ Slopes greater than three feet horizontal to one foot vertical (3: 1);
~ A wetland, wetland buffer or flood plain designated on the official Zoning
Map;
~ A drainage pond, raingarden or ditch which stores or conveys storm
water;
~ Maintained and weeded gardens, trees and shrub plantings;
~ Property being used for agricultural purposes; and
~ An area designated as a "natural preserve" by the City Council.
The determination of what constitutes a "natural preserve" shall be made by
the City Council in its sole discretion. The City Council shall consider the
following factors in making its determination:
~ Whether there are compelling reasons to preserve the property in its
natural state;
~ The zoning district of the City within which the property is located; and
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Phone 952.447.9800 / Fax 952.447.4245
603.200:
603.300:
603.301 :
603.302:
603.3043:
603.400:
~ Whether any public safety or health problems may result if the area is
designated a "natural preserve".
DuTY OF OWNER, LESSEE OR OCCUPANT To REMOVE: It shall be
the duty of any owner, lessee or occupant of any lot or land to cut and
remove or cause to be bYt--cut and removed all such weeds, grass, brush or
other poisonous or harmful vegetation as often as may be necessary to
comply with the provisions of subsection 603.100; provides, hewev~r, trrat
Cl::ttina and removing such \:.'eeds, grxs ~~d vegetatiGn c:~ :~~t once in
every three {3) we€y.c-, cetween May 15 c:ns ~eptember 15, sh~1I !Je
deemed to be in c~m~ic:nse-w{th this Section.. This ordinance shall be
enforced at all times between the established growing season of April 1 st to
November 1st.
UNDEVELOPED PROPERTY:
All undeveloped lots shall maintain a fifteen foot (15') strip of trimmed
vegetation to a height of not over twelve inches (12") -along any adjacent
developed lots and any bordering city street.
Following the initial grading and seeding of an undeveloped lot, vegetation
will be allowed to grow to the height necessary to establish a proper root
system.
Exceptions:
~ In Residential Use Districts, this ordinance will not apply to undeveloped
property; provided the undeveloped property does not abut a developed
lot containing a building or provided the undeveloped property is greater
than one acre in size, and provided the lot is in compliance with the
provisions of Section 603.301.
~ In Commercial and Industrial Use Districts, areas not zoned Resid€nhal,
this ordinance will not apply to undeveloped lots which are greater than
one (1) acre in size provided th€ br.developed property dose ~ct a:u~ a
developed lot c~n~c:ining a buildina ami-provided the lot is in compliance
with the provisions of Section 603.301. The city code enforcement
officer may determine and require a wider strip of trimmed vegetation;
depending on any unique conditions of the lot.
WORK DONE By CITY: If the provisions of the foregoing subsections are
not complied with, the City shall serve written notice upon the owner, lessee
or occupant or any person having control of such lot or land, to comply with
the provision of this Section. If the person upon whom the notice is served
fails or refuses to cut or remove or cause to be cut and removed such
weeds, grass, brush or other vegetation within five (5) days from the date
such notice is post-marked or delivered, then the City shall cause the
weeds, grass, brush and other vegetation of such lot or land to be cut and
removed.
In accordance with Minnesota Statutes Section 429.101, the actual cost of
cutting and the removal, plus such sums as determined by the City Council
to reimburse the City for its inspection costs, shall be certified by the City
Manager and shall thereupon become a lien upon the lot or land on which
such weeds, grass, brush and other vegetation were located and shall be
added to and become and form a part of 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 in the same manner as real
estate taxes; provided, however, the owner, lessee or occupant or any
person having control of the lot or land, may pay to the City in full for its
costs the actu31 costs incurre5! ~y the City by September October 15th of
the same calendar year in which the cutting and removal occurred in order
to avoid having such costs levied upon the lot or land.
603.500:
PENALTY: Any person violating the terms of this Section shall, upon
conviction thereof, be found guilty of a misdemeanor and shall be punished
in accordance with the penalties established by Minnesota Statutes.AAy
pefSG~ \tiGlatiRg c:ny provision ~f ~his Sectior. sr.all ~e guilty Gf :J ~etty
misdem€ar..or an~ 1::~0-.'1 ~onvicti0-.'1 tr.ereaf sr.::1I e~ ral,dshsa-ey c: fine of not
meF€ ~han ~ve r.l::n9feG-G~lIar: ($200.00).
This ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 1 ih day of February, 2009.
ATTEST:
City Manager
Mayor
Published in the Prior Lake American on the _ day of February, 2009.
Drafted By:
Prior Lake Building and Transportation Services Department
4646 Dakota Street SE
Prior Lake, MN 55372