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HomeMy WebLinkAboutCity Council Ordinance 1973-07VILLAGE OF PLYMOUTH ORDINANCE NO. 73-7 AN ORDINANCE AMENDING CHAPTER V OF THE VILLAGE CODE BY ADDING.THERETO PROVISIONS FOR THE CONTROL OF WEEDS AND VEGETATION THE VILLAGE COUNCIL OF THE VILLAGE OF PLYMOUTH DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Amendment of Village Code - Chapter V of the Village Code of the Village of Plymouth is hereby amended by adding the following thereto as Section 12: "SECTION 12. WEEDS A14D VEGETATION - CONTROL OF. 12.01. Definitions. The following words as used in this section shall have the following meanings: (a) "Lot" or "Land", when used in Sections 12.02,- 12.03 and 12.04 herein shall mean any grounds, lots or parcels of land within the Village of Plymouth which are an integral part of plats which either have been filed and placed of record in the offices of the Register of Deeds or Registrar of Titles of Hennepin County, Minnesota or which have been finally approved by the Village Council but havQ not yet been placed of record. (b) "Lot" or "Land" when used in Section 12.05 herein shall mean any gromds, lots or parcels of land within the Village of Plymouth whether a part of recorded plats or not. (c) "Person" when used in this section shall mean and include one or more persons of either sex, corporations, partnerships, associations, societies and all other entities capable of being sued. 12.02. Cutting and Removal of Grass, Weeds, and other Rank, Poisonous, or Harmful Vegetation. 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 Village of Plymouth to permit or maintain on any such lot or land, or on or along the sidewalk, street, or alley adjacent to the same between the property line and the curb or middle of the alley, or to the center of the platted street or alley if the same be not improved, any growth of weeds, grass, brush, or rank vegetation to a greater height than eight (8) inches on the average, or any accumulation of dead weeds or grass. It shall also be unlawful for any such person or persons to cause, permit or allow poison ivy, ragweed, or other poisonous plants or plants detri- mental to health to grow on any such lot or any such land in such manner that any part of such ivy, ragweed, or other poisonous or harmful weeds shall extend upon, overhang or border any public place or allow to seed, or to permit pollen or other poisonous particles or emanations therefrom to be carried through the air into any public place. 12.03. Duty of Owner, Lessee, or Occupant. It shall be the duty of the owner, lessee, or occupant of any lot or land to cut and remove, or cause to be cut and removed, all such weeds, grass, or rank, poisonous or harmful vegetation as often as may be necessary to comply with the provisions of Section 12.02. 12.04. Compliance with and Enforcement of Weed Control. If the provisions of the foregoing sections are not complied with, the Village Weed Inspector shall serve'written notice upon the owner, lessee or occupant, or any person having the care or control of any such lot or land to comply with the provisions of this Ordinance. If the person upon whom the notice is served fails, neglects, or refuses to cut and remove, or to cause to be cut and removed, such weeds, grass, or other vegetation within ten (10) days after receipt of such notice or if no person can be found in the Village of Plymouth who either is or claims to be the owner of such lot or land, or who either represents or claims to represent such owner, the said Inspector shall cause such ` weeds, grass, and other vegetation on such lot or land to be cut and removed, and the actual cost of such cutting and removal plus 25% of said actual cost of cutting and removal for inspection and other additional costs in connection therewith, shall be certified by the said Weed Inspector to the Village Clerk prior to the first day of October of each year. The amount so charged against said premises, lots or parcel of land shall be a lien upon the property i on which said weeds, grass and vegetation were located, and i shall be added to, and become a part of, the taxes next to be assessed and levied upon such lot or land, and the Village Council shall by appropriate resolution, assess the costs above mentioned against said premises, and certify the same to the County Auditor of Hennepin County, Minnesota.; The same shall be collected and enforced in the same manner 1 as the collection of real estate taxes. 12.05. Grading and Removal of Debris. Any ground, lot,1 parcel, vacant lot or portion thereof located either within a platted R-1, R-2, R-3 or R-4 zoning district or within one` hundred (100) feet of a platted R-1, R-2, R-3 or R-4 zoning district shall be gradEd and kept free of debris so that it can be mowed and kept free of rank vegetation growth in com- pliance with the provisions of Section 12.02 specified above. The provisions of Section 12.04 above respecting notice, work by the Village, and addition of casts to taxes for -21 vegetation mowing shall also apply to any casts incurred by the Village for grading and removal of debris so that said vegetation can be mowed in these cases where it becomes necessary for the Village to undertake such action in light of the failure of the person having care or control of the property to do so. 12.06. Violations. A violation of any part of this section of the Village Code shall be deemed to be a mis- demeanor and any person who shall neglect to cut and remove weeds, grass, or other vegetation as directed in this section or who shall fail, neglect, or refuse to comply with the provisions of any notice herein provided, or who shall violate any of the provisions of any notice herein provided, or who shall violate any of the provisions of this section, or who shall resist or obstruct the Weed Inspector, or his employees, in the cutting and removal of weeds, grass, and other vegetation, shall upon conviction thereof be subject to a fine of not more than Three Hundred ($300.00) Dollars, or imprisonment for a period not to exceed ninety (90) days or both, and each day on which such violation continues shall constitute a separate offense. Any property owner feeling aggrieved by the failure of another to comply with the terms of this Section shall have the right to file a complaint based thereon as respects any property owned by him and lying within two hundred (200) feet of the property being complained of. In addition, complaints for violation of this Ordinance may be filed by the County Weed Inspector for Hennepin County, Minnesota and the Village Weed Inspector for the Village of Plymouth." Section 2. Effective Date. This Ordinance shall take effect upon its passage and publication. Adopted by the Village Council the 7th day of May, 1973. C (' Ma for ATTEST: Clerk _ • -3-