HomeMy WebLinkAboutCity Council Ordinance 2018-05CITY OF PLYMOUTH
HENNEPIN COUNTY, MINNESOTA
ORDINANCE N0. 2018-05
ORDINANCE AMENDING CHAPTERS 8 AND 20 OF THE PLYMOUTH CITY CODE
(2018011)
THE CITY OF PLYMOUTH ORDAINS:
SECTION 1. Amendment. Section 807 of the Plymouth City Code is amended 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 each4a d pEgperty owner 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 and includes annual, biennial, or perennial plants 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 and includes noxious weeds, prohibited plants, rank
vegetation, turfgrass that exceeds eight inches in length and trees or shrubs that impedi*g
impede travel or sight lines on a roadway, trail, or sidewalk.
Prohibited Plants means and includes: articum minus (common burdock); amuranthus
retroflexus (pigweed); rumex crispus (curly dock); abutilon theophrasti (velvetleaf); ambrosia
spp (ragweed); kochia scoaria (kochia); melilotus officianalis (sweetclover); chenopodium album
(lambs quarter); barbarea vulgaris (yellow rocket); and erassica 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.
Propeiyv means and includes the land lying within the boundary of a lot or parcel
Nether with directly abutting boulevards (roadway rights-of-way) and directly abutting trail or
sidewalk outlots. For purposes of this Section, if an abutting trail or sidewalk outlot lies between
and abuts a roadway, the term `property" shall include the trail or sidewalk outlot and boulevard
area extending to the nearest edge of the roadway, and if such abutting trail or sidewalk outlot
abuts another property, the term "property" shall include the trail or sidewalk outlot area
extending to the nearest edge of the trail or sidewalk.
Rank Vegetation means and includes uncultivated vegetation thateg nerally grows
at a rapid rate., due to and is unplanned, unintentional_ or accidental eir-ea• stone
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 inches.
807.04. Nuisance Vegetation. Nuisance vegetation is prohibited. Property owners are
responsible for eradication, removal, trimming, and/or maintenance of nuisance vegetation on
their property, as defined in this Section.
807.05. Notification Procedure. If a property, incl ding butting boulevard, ard, as defined in
this Section, contains turf gFass and/of r F'E . egetatie^ o ofeigbt inehes in length
nuisance vegetation, the City shall notify the4 property owner by sending a letter by first
class mail to the-landproperty_owner 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, 5/27/2003; Ord. 2009-08, 5/12/2009)
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 assessable to each separate lot and
parcel and shall deliver such information to the City Clerk. (Ord. 2003-13, 5/27/2003; Ord.
2009-08, 5/12/2009)
807.07. Hardship and Appeal. Lan Property owners shall be exempt from the
requirements of this section if, as a result of circumstances beyond their control, theme#
property owner is prevented from controlling the height of turf grass and/or rank vegetation on
their property because of a hardship. A4apA property owner may apply in writing to the Park
and 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 and Recreation Director
shall review the property and determine whether a hardship exists. The decision of the Park and
Recreation Director may be appealed by thel propertxowner to the Council by filing a
written appeal within 10 days of the Park and Recreation Director's decision. (Ord. 2003-13,
5/27/2003)
807.08. Appeal Procedure. Aproperty owner disputing the decision of the weed
inspector who receives a written notice to abate turf grass and/or rank vegetation over eight
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 inches in length or nuisance vegetation exists. The decision of the
Park and Recreation Director may be appealed by theme property owner to the Council by
filing a written appeal within 10 days of the Park and Recreation Director's decision.
807.09. Obstructing City Employ. 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 violation or -and any subsequent violations of this
section within a three two-year period shall be a petty misdemeanor. (Ord. 2003-13, 5/27/2003)
(Ord. 2013-15, 5/2 812 0 1 3)
SECTION 2. Amendment. Section 820 of the Plymouth City Code is amended as follows:
Section 820 - Sidewalk Maintenance
820.01. Purpose. The purpose of this section is to require owners or occupants of real
property to maintain public sidewalks abutting their property to prevent a public nuisance
affecting the safety of the general public.
820.03. Requirements.
A. It shall be unlawful for the owner or the occupant of real property to fail
to remove snow and ice from public sidewalks abutting their property within 48
hours after the snow or ice has been deposited.
B. It is the responsibility of property owners abutting a sidewalk to keep the
sidewalk in good repair.
C. This section shall not apply to sidewalks listed on the City's Trail and
Sidewalk N4aintena e -e Snow Removal Map f - m ntena ee by the C: . (Ord.
95-50, 10/24/95)
820.05. Penalties.
A. Any person who violates this section shall be guilty of a petty
misdemeanor and shall be punished by a fine of up to $100.
B. A separate violation occurs each day that a violation hereunder
continues.
(Ord. 95-22, 4/18/95)
SECTION 3. Amendment. Section 2020.13, Subdivision 1 of the Plymouth City Code
(NUISANCES; SHADE TREE DISEASE AND PEST CONTROL—PROCEDURE FOR
REMOVAL OF INFECTED TREES AND WOOD) is amended as follows:
2020.13. Procedure for Removal of Infected Trees and Wood. Subdivision 1. Findings.
Whenever the Tree Inspector finds with reasonable certainty that the infestation defined in this
Section exists in any tree, shrub or wood in any public or private place in the City, he/she shall
proceed as follows: If the Forester finds that danger of infestation of other trees is imminent, or
a potentially hazardous condition is identified, he/she shall notify the property owner by mail and
by leaving a notice on the property that the nuisance will be abated within a specified time, not
more than 24-30 calendar days from the date of mailing of such notice. After the expiration of
the time limited by the notice, the City may abate the nuisance, the costs of which will be
assessed against the benefiting property as provided in 2020.13, Subd. 3. (Ord. 2008-16,
6/10/2008)
SECTION 4. Effective Date. This Ordinance shall be effective upon its passage.
ADOPTED by the City Council on this 13th day of Ma;ch, 2018.
elli Slavik, Mayor
ATTEST:
A"axao�&o
Sandra R. Engdahl, Ci Clerk