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.
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Kelli Slavik, Mayor
ATT ST:
andra R. Engdahl, ty Clerk