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HomeMy WebLinkAbout9 - Revised Weed Ord. 90-03 I' AGENDA NUMBER: PREPARED BY: SUBJECT: DATE: INTRODUCTION: BACKGROUND: DISCUSSION: 9 Gary Staber, Building Official Consider First Draft of Revised Weed Ordinance 90-03 April 16, 1990 On August 21, 1972, the City Council adopted Ordinance NO.72-8, commonly referred to as the City of Prior Lake Weed Ordinance. Within the past few years more and more weed complaints are being received by City Staff. The current ordinance does not provide for an efficient handling of these complaints. As the community grows the level of service regarding land use violations is expected to increase. In order to increase levels of service without the addition of City Staff, ordinances are often amended to provide for a more efficient way in dealing with a specific land use problem. In 1989, responsibility for the enforcement of Title 8, Chapter 3, of the Prior Lake City Code shifted from the Park and Recreation Department to the Planning Department. This shift was in conjunction with the hiring of the Building Inspector/Zoning Code Enforcement Officer position. The proposed changes to the current ordinance are as follows: A. The current ordinance addresses violations on lots only. A proposed change to this ordinance is to add the words "or land" so the ordinance may be enforced against unplatted pieces of property within the City limits of Prior Lake. B. The current ordinance allows the City to charge 5% of the actual cost of cutting and removal of weeds as an inspection fee. This is cumbersome and often does not cover costs incurred by City Staff in enforcing this ordinance. The proposed amendment allows for a flat fee of $25.00 as an inspection fee. This $25.00 fee should cover staff time involved in enforcement of this ordinance. 4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372 / Ph. (612) 4474230 / Fax (612) 4474245 ALTERNATIVES: RECOMMENDATION: ACTION REQUIRED: c. The current ordinance does not allow the owner, lessee, or occupant, an opportunity to pay for cutting and removal of weeds prior to those costs being levied against the lot or land. The proposed ordinance would allow the owner, lessee, occupant, or any other person having control of the lot or land to pay for the actual cost incurred for cutting and removal of weeds plus the $25.00 inspection fee before September 15 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. D. The penalty for violations of this chapter is currently a misdemeanor subject to a fine of not more than $500.00 or by imprisonment of not more than 90 days or both. The proposed amendment would make a violation of this ordinance a petty misdemeanor punishable by a fine of not more than $200.00. This would make prosecution more efficient in that trial b~ jury would be avoided as all petty mlsdemeanors are subject to trial by jUdge. Section 8-3-1 and 8-3-2 of the existing Ordinance would remain unchanged. In addition, Staff has developed an administrative procedure to manage these complaints as they arise. This procedure is based on the new Ordinance and its provisions. The alternatives are as follows: 1. Consider the amendments as proposed and direct Staff to place on May 7, 1990, Consent Agenda for approval. 2. Make amendments to all or part of the proposed Ordinance and direct Staff as appropriate. 3. Continue the item for further information or data. Staff recommends Alternative Number 1. Direction to Staff through a motion or general consent is in order on this proposed Ordinance. CITY OF PRIOR LAKE ORDINANCE NO. 90-03 AN ORDINANCE AMENDING TITLE 8, CHAPTER 3, OF PRIOR LAKE CITY CODE. The Council of the City of Prior Lake does hereby ordainl Sections 8-3-3 and 8-3-4 of Prior Lake City Code are hereby amended to read as follows I 8-3-3: WORK DONE BY CITY: If the provisions of .the foregoing section 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 provisions of this Chapter. 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 after receipt of such notice, then the City shall cause the weeds, grass, brush and other vegetation on such lot or land to be cut and removed. The actual cost of cutting and removal, plus twenty-five dollars ($25.00)/ for inspection, 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 by the same officer and in the same manner as real estate taxes; provided, however, the owner, lessee or occupant or anI person having control of the lot or land, may pay to the City in fu I the actual costs incurred for cutting and removal plus the twenty-five dollar ($25.00) fee by September 15 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. 8-3-4: PENALTY: AnI person violating any prov1s1ons of this Chapter shal be guilty of a petty misdemeanor and upon conviction thereof shall be punished by a fine of not more than two hundred dollars ($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 ____ day of , 1990. ATTEST: City Manager Mayor Published in the Prior Lake American on the ____ day of 1990. , Drafted By: Lommen, Nelson, Cole & Stageberg, P.A. 1800 IDS Center Minneapolis, Minnesota 55402 , I V'ie, ~c tf 4' / NI~ /' 8-3-1 8-3-3 CHAPTER 3 WEEDS SECTION: 8-3-1 : 8-3-2: 8-3-3: 8-3-4: Cutting and Removal of Grass and Weeds Duty of Owner, Lessee or Occupant to Remove Work Oone by City Penalty 8-3-1: 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 weeds, grass, brush or other vegetation to a greater height than twelve inches (12"). It shall be unlawful for any such person to cause, suffer or allow poison ivy, ragweed or other poisonous plants to grow on any such lot. 8-3-2: Dln'Y OF OWNER, LESSEE OR OCCtJtANT 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 III such weeds, gras, brush or other poisonous or harmful vegetation as often. may be necessary to comply with the provisions of Section 8-3-1 hereof; provided however, that cutting and removing of such weeds, grass and vegetation at lust once in fN8fY three (3) weeks, between May 15 and September 15, shall be deemed to be in compliance with this Chapter. 8-3-3: WORK DONE BY CITY: If the provisions of the foregoing leCtion are not complied with, the City shall I8N8 writt8l"l notic:e upon the /"'- 8-3-3 8-3-4 owner, lessee or occupant or any penon having the care and control of IUch lot, to comply with the provisions of thll Chapter. If the person upon whom the notice is served fails or refuses to cut and remove or cause to be cut and removed such weeds, grass, brush or other vegetation within five (5) days after receipt of such notice, then the City shall cause IUch vveedl, grass, brush and other vegetation on such lot to be cut and removed. The actual COlt of cutting and removal plus five percent (5%) for inspection shall be certified by the City Clerk and shall thereupon become a lien upon the property on which alch 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 by the same officer and In the same manner as real estate taxes. (Ord. 714,4-19-71; readopted Ord. 7208,8-21-72) 8-3-4: PENALTY: Violation of this Chapter will be deemed to be a misdemeanor subject to a fine of not more than five hundred dollars or by imprisonment in the City or County jail for a period of not more than ninety (90) days. or by both alch fine and imprisonment. (1979 Code)