HomeMy WebLinkAboutCity Council Ordinance 2007-19CITY OF PLYMOUTH
HENNEPIN COUNTY, MINNESOTA
AN ORDINANCE AMENDING CHAPTER 8
OF THE PLYMOUTH CITY CODE
CONCERNING ASSESSABLE CURRENT SERVICES
THE CITY OF PLYMOUTH, MINNESOTA ORDAINS:
SECTION 1. Section 810 of the Plymouth City Code is hereby amended as
follows:
Section 810 - Assessable Current Services
810.01. Weeds, Grasses, Other Vegetation. Subdivision 1. Noxious Weeds. The
owner or occupant of land containing Noxious Weeds shall cut, eradicate and destroy
such weeds to reduce the incidence to such weed and prevent its spread. Any such
eradication or destruction must be done with a state -approved herbicide.
Subd. 2. Weeds as a Nuisance. Weeds, tall grasses and other rank or harmful
vegetation, excluding Noxious Weeds, growing upon any private property or upon any
property adjacent to the traveled portion of any street, alley, trail or sidewalk in the City,
exceeding the height of eight (8) inches on properties other than Agricultural or Natural
Preserves or buffer strips shall be cut by the owner or occupant of the property.
Agricultural land, for the purpose of this subdivision, shall be properties located in the
FRD zoning district and under current cultivation or properties used for grazing
purposes or undeveloped land not in the FRD district excluding portions of such
property abutting within 200 feet of property developed or under development,
improved public or private facilities or City streets. Natural Preserves are defined in
Section 811.02 of the City Code. Buffer strips are defined in Section 4, Subdivision B
(definitions) of the City's Zoning Ordinance. (Ord. 95-10, 02/07/95; Ord. 2003-17,
06/10/2003)
Subd. 3. General Notice. On or before June 15 of each year, or at such other
times as directed by the Council, the City Clerk shall publish once in the official
newspaper, a notice directing owners and occupants of property within the City to
destroy all weeds declared by this Code to be Noxious or a nuisance and stating that if
not so destroyed within ten days after publication of the notice, the weeds will be
destroyed by the City at the expense of the owner and if not paid, the charge for such
work will be made a special assessment against the property concerned. Enforcement
of this ordinance shall continue until September 30 of each year.
Subd. 4. Notification Procedure. Owners or occupants of lands containing
noxious weeds requiring removal shall receive written removal notice by certified mail
return receipt requested to the address of the owner of record. Refusal to accept such
notice shall not constitute a defense that the notice was not received. Owners or occupants
of properties containing vegetation declared to be a nuisance shall be notified by first class
letter. Notification shall include pertinent information regarding the nature of the
violation, method of eradication and notification that ten (10) days from the mailing date of
the letter is provided for removal of noxious weeds or vegetation declared to be a nuisance.
(Ord. 2003-13, 05/27/2003)
Subd. 5. Removal by City. If the owner or occupant of any property in the City
fails to comply with the written notice within ten days of the date of the letter, the City
shall cut and remove such noxious weeds or vegetation declared to be a nuisance. Records
shall be maintained by the weed inspector showing the cost of such work attributable to
each separate lot and parcel and shall deliver such information to the City Clerk. (Ord.
2003-13, 05127/2003)
810.03. Public Health and Safety Hazards. When the City removes or eliminates
public health or safety hazards from private property pursuant to this Code or provides
any other Current Service, the administrative officer responsible for doing the work
shall keep a record of the cost of such removal or elimination against each parcel of
property affected or otherwise keep a record of the amount of Current Service provided
and annually deliver such information to the City Clerk. This Section does not apply to
hazardous buildings under the hazardous building law, Minnesota Statutes, Sections
463.15 to 463.26, as amended.
810.07. Assessment for Current Service. On or before September 1 of each year,
the Clerk shall list the total unpaid charges for each type of Current Service against each
separate lot or parcel to which they are attributable under this Section. The Council
may then spread the charges against property benefited as a special assessment under
Minnesota Statutes, Section 429.101, as amended, 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.
810.09. Penalties for Violation. A third or subsequent violation of this section in a
three year period shall be a petty misdemeanor. (Ord. 2003-13, 05/27/2003)
810.11. Hardship. Property owners shall be exempt from the requirements of this
section if, as a result of circumstances beyond their control, the property owner is prevented
from controlling the height of grass on their property because of a hardship. A property
owner may apply in writing to the City for a hardship determination. Hardship means that
because of steep slopes or standing water it is not feasible to cut the grass. The City
Manager or the Manager's designee shall review the property and determine whether a
hardship exists The decision of the City Manager may be appealed by the property owner to
the City Council by filing a written appeal within ten (10) days of the Manager's decision.
(Ord. 2003-13, 05/27/2003)
SECTION 2. This ordinance shall be effective immediately upon its passage.
ADOPTED by the City Council of the City of Plymouth, Minnesota this 24th day of
July, 2007.
elli Slavik, Mayor
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