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Home My WebLink About109-02 Weeds/~ PRIG H ~ ~~ 9 4646 Dakota Street S.E. u '~ ~~ ~~ Prior Lake, MN 55372-171(~ITY OF PRIOR LAKE ~ ~'~ ~~ _ v.~__, ORDINANCE NO. 109-02 ~MvESO~PN ORDINANCE AMENDING SECTION 603 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:: SECTION 603 WEEDS SUBSECTIONS: 603.100: CUTTING A~1D REMOVAL OF GRASS AND WEEDS 603.200: DUTY OF Ow-NER, LESSEE OR OCCUPANT TO REMOVE 603.300: UNDEVELOPED PROPERTY 603.400: WORK DONE BY CITY 603.500: PENALTY 603.100: CUTTING AND REMOVAL OF GRASS AND WEEDS: 603.101 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. 603.102 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 www. cityofpriorlake. com Phone 952.447.9800 /Fax 952.447.4245 - Whether any public safety or health problems may result if the area is designated a "natural preserve". 603.200: 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 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. This ordinance shall be enforced at all times between the established growing season of April 1St to November 1St 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 allo~nred 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 orie 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 require a wider strip of trimmed vegetation; depending on any unique conditions of the lot. 603.400: 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 refi,ases 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 or any authority the City may have in law or in equity, the actual cost of cutting and the removal, plus such sums as determined by the City Council to reimburse the City for its 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 by 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. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this 17th day of February, 2009. ATTEST: ~~ City ager -~t~ ~. ~- Ma r Published in the Prior Lake American on the 28th day of February, 2009. CITY OF PRIOR LAKE ORDINANCE NO. 109-02 AN ORDINANCE AMENDING SECTION 603 OF THE PRIOR LAKE CITY CODE The City Council of the City of Prior Lake does hereby ordain that: Section 603 of the Prior Lake City Code is hereby amended to de- letethe section in its entirety and to add the following language:: SECTION 603 WEEDS Subsections: 603.100: Cutting and Removal of Grass and Weeds 603.200: Duty of Owner, Lessee or Occupant to Remove 603.300: Undeveloped property 603.400: Work Done by City 603.500: Penalty 603.100: Cutting And Removal Of Grass And Weeds: 603.101 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 prop- erty or along the sidewalk, street or alley adjacentto the same, any growth ofplants, grass, brush, or otherweeds or vegetation which is horticultur- ally out of place to a height greater than twelve inches (12"). This re- quirement does not apply to the fol- lowing: Slopes greater than three feet horizontal to one foot vertical (3:1); Awefland, weflandbuffer orflood plain designated on the official Zon- ing 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 agricul- tural purposes; and An area designated as a "natural preserve" by the City Council. 603.102 The determination of what constitutes a "natural preserve" shall be made by the_C_ity Council in its sole certified by the City Manager andll ~.hnll flinrrnnnn hP~nmP fl I1R111111(llli- Affidavit of Publication Southwest Newspapers State of Minnesota) )SS. County of Scott ) Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized agent of the publisher of the newspapers known as the Shakopee Valley News, Jordan Indepen- dent, Prior Lake American and Savage Pacer, and has full knowledge of the facts herein stated as follows: (A) These newspapers have complied with the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The printed public notice that is attached to this Affidavit and identified as No. 7 ~ `~ was published on the date or dates and in the newspaper stated in the attached Notice and said Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the kind and size of type used in the composition and publication of the Notice: abcdefghijkhnnopgrstuvwxyz ` Laurie A. Hartmann Subscribed and sworn before me on this ~ ~~ h day of ~ ~` ~ ~ ~ ° ~~ , 2009 JYMME J. BARK ~~ ; NOTARY PUBLIC -MINNESOTA Nota ~ blic MY Commission Expires 01/31!2013 RATE INFORMATION Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch Maximum rate allowed by law for the above matter ................................. $31.20 per column inch Rate actually charged for the above matter .............................................. $12.43 per column inch