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HomeMy WebLinkAboutCity Council Ordinance 2013-15CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 2013-15 AN ORDINANCE AMENDING CHAPTER VIII OF THE PLYMOUTH CITY CODE CONCERNING ASSESSABLE CURRENT SERVICES THE CITY OF PLYMOUTH, MINNESOTA ORDAINS: SECTION 1. Chapter VIII of the Plymouth City Code is amended by adding Section 807 to read as follows: Section 807 — Vegetation Management 807.01 Purpose and Intent. The purpose and intent of this Section is to establish minimum standards for vegetation management while recognizing a variety of landscapes within a community adds diversity and richness to the quality of life for all residents. Managed turf grass lawns are recognized as the dominant feature in the landscape, while the benefit from the variety, beauty, and practical value of diverse landscapes is also recognized. The City seeks to encourage each landowner to create and sustain their property in a state of good health and vigor, as opposed to one of neglect. It is the intent of this ordinance to require vegetated areas to be managed in ways that do not adversely affect human health or safety, or pose a threat to turf grass or landscape establishment. 807.02 Definitions. The following words and terms, wherever they occur in this Section, shall be interpreted as herein defined: Noxious Weeds means an annual, biennial, or perennial plant that the Commissioner of Agriculture has designated to be injurious to public health, the environment, public roads, crops, livestock, or other property pursuant to Minnesota Statutes § 18.79. Nuisance Vegetation means noxious weeds, prohibited plants, and trees or shrubs impeding travel or sight lines on a roadway, trail or sidewalk. Prohibited Plants means Articum minus (common burdock); Amuranthus retroflexus (pigweed); Rumex crispus (curly dock); Abutilon theophrasti (velvetleaf); Ambrosia spp (ragweed); Kochia scoaria (Kochia); Alelilotus officianalis (sweetclover); Chenopodium album (lambs quarter); Barbarea vulgaris (yellow rocket); Brassica kaber (wild mustard) . For the purposes of this section, Taraxacum spp (common dandelion) or Glechoma hederacea (Creeping Charlie) are not considered to be prohibited plants. Rank Vegetation means uncultivated vegetation growing at a rapid rate due to unplanned, unintentional or accidental circumstances. 807.03 Vegetation Length. Except in a natural preserves as defined in Section 811 of the City code and on property zoned Future Restricted Development (FRD) as defined in section 21350 of the City zoning ordinance, the length of turf grass and/or rank vegetation may not exceed eight (8) inches. 807.04 Nuisance Vegetation. Nuisance vegetation is prohibited. 807.05 Notification Procedure. If a property including abutting boulevard contains turf grass and/or rank vegetation in excess of eight (8) inches in length or nuisance vegetation„ the City shall notify the landowner by sending a letter by first class mail to the landowner or posting a notice on the property. The notice shall include pertinent information regarding the nature of the violation, method of correction and a deadline for correcting the violation. (Ord. 2003-13, 5/2712003; Ord. 2009-08, 511212009) 807.06 Corrective Action by City. If the owner of any property fails to comply with a notice, as provided for by Subd. 807.05, the City shall take corrective action necessary to abate the violation as provided by Section 810 of the City code. Records shall be maintained by the weed inspector showing the cost of such work assesable to each separate lot and parcel and shall deliver such information to the City Clerk. (Ord. 2003-13, 5127/2003; Ord. 2009-08, 511212009) 807.07. Hardship and Appeal. Landowners shall be exempt from the requirements of this section if, as a result of circumstances beyond their control, the landowner is prevented from controlling the height of turf grass and/or rank vegetation on their property because of a hardship. A landowner may apply in writing to the Park & Recreation Director for a hardship determination. Hardship means that because of steep slopes or standing water it is not feasible to maintain the area. The Park & Recreation Director shall review the property and determine whether a hardship exists. The decision of the Park & Recreation Director may be appealed by the landowner to the Council by filing a written appeal within 10 days of the Park & Recreation Director's decision. (Ord. 2003-13, 512 712003) (Ord. 2011-29, 1012512011) 807.08 Appeal Procedure. A landowner disputing the decision of the weed inspector who receives a written notice to abate turf grass and/or rank vegetation over eight (8) inches or nuisance vegetation shall submit their Notice of Appeal to the Park and Recreation Director within their notification period. The appeal shall include the contact information, specific nature of the appeal, a design plan and maintenance plan for the area at issue. The Park and Recreation Director shall review the property and determine whether turf grass and/or rank vegetation in excess of eight (8) inches in length or nuisance vegetation exists. The decision of the Park and Recreation Director may be appealed by the landowner to the Council by filing a written appeal within 10 days of the Park and Recreation Director's decision. 807.09 Obstructing City Employees. No person shall obstruct the weed inspector, or assigned agents, in inspecting, cutting, removal, or eradication. Obstruction shall constitute a petty misdemeanor. 807.10 Penalties for Violation. A third or subsequent violation of this section in a three year period shall be a petty misdemeanor. (Ord. 2003-13, 5/27/2003) SECTION 2. Section 810 of the Plymouth City Code is amended to read as follows: Section 810 - Assessable Current Services 810.01. Assessment for Current Service. On or before September 1 of each year, the City Clerk shall list the total unpaid special charges for the cost of: (1) snow, ice, or rubbish removal from sidewalks; (2) weed elimination from streets or private property; (3) removal or elimination of public health or safety hazards from private property, excluding any structure included under the provisions of sections 463.15 to 463.26; (4) installation or repair of water service lines; (5) the trimming and care of trees and the removal of unsound trees from any street; (6) the treatment and removal of insect infested or diseased trees on private property; (7) the repair of sidewalks and alleys; (8) the operation of a street lighting system; (9) inspections relating to a municipal housing maintenance code violation. The Council may spread the charges against property benefited as a special assessment under Minnesota Statutes, Section 429.101 and other pertinent statutes for certification to the County Auditor and collection along with current taxes the following year or in annual installments, not exceeding ten, as the Council may determine in each case. SECTION 3. This ordinance shall be effective immediately upon enactment. ADOPTED by the City Council of the City of Plymouth, Minnesota this 28th day of May, 2013. � IAAA%W� Kelli Slavik, Mayor ATT ST: andra R. Engdahl, ty Clerk