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HomeMy WebLinkAbout1993-009 Council OrdinancesCouncil Member Kuether introduced the following Ordinance and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA Ordinance No. 93 - 09 AN ORDINANCE AMENDING THE LINO LAKES CITY CODE BY ADDING SECTION 904, DECLARING WEEDS AND GRASS OVER EIGHT (8) INCHES IN HEIGHT AND WEEDS WHICH HAVE GONE TO SEED OR GROWING IN THE CITY OF LINO LAKES TO BE A NUISANCE, AND PROVIDING A METHOD FOR THE REMOVAL THEREOF. The City Council of Lino Lakes does ordain as follows: 904.01 DEFINITION The word "weeds" as used in this ordinance shall be construed to mean and include not only such noxious weeds as are enumerated in Chapter 18.171 of the General Status of the State of Minnesota, but also such useless and troublesome plants as are commonly known as weeds as to the general public. The word "weeds" shall also be construed to mean all rank vegetative growth which exhales unpleasant or noxious odors, and also high rank vegetative growth that may conceal filthy deposits. 904.02 NUISANCE DECLARED. Any weeds or grass growing upon any lot or parcel of land in the City of Lino Lakes to a greater height than eight (8) inches, or which have gone or about to go to seed, are hereby declared to be a nuisance and dangerous to the health and safety and good order of the City. This shall apply in zoning districts where the land is platted or developed. "Developed" shall mean that the property has been improved with the construction of buildings, parking lots or other facilities excluding underground utilities or sewer or water. It shall be unlawful to allow or permit any growth of weeds, grass, brush, or other rank vegetation to a height greater than eight (8) inches, or any accumulation of dead weeds, grass or brush. In the instance where the control area is larger than one acre, the control shall be restricted to the front one acre and 20 feet on the perimeter of adjoining frontages. 904.03 OWNER RESPONSIBILITY When any conditions exist on any lot or parcel in the City of Lino Lakes in violation of the provisions hereof, it shall be the duty of the City Weed Inspector or his/her designee to serve a notice on the owner, occupant or agent to have such weeds or grass cut and removed within ten days after the service thereof, and also stating that in case of non-compliance, the same will be done by the City Weed Inspector at the owner's expense. 904.04 COSTS ASSESSED Upon failure of the owner, occupant or agent to comply with the provisions of said notice, and after the expiration of ten days, the City Weed Inspector shall proceed to cut and remove such weeds or grass, and determine the cost thereof and charge the owner of the premises therewith, and shall, not later than the first day of October of each year, certify to the County Auditor, the amount so charged against said premises, lots or parcels of land, together with a description of the premises and the name of the supposed owner, and such charge shall be collected and collection enforced in the same manner as taxes against said premises until paid; provided, further, that where no owner, occupant, or agent can be found, or when unknown, then said inspector may proceed without the service of said notice. 904.05 EXCLUSIONS This Ordinance shall not apply to: (1)."Natural Areas" which shall be defined as densely wooded areas, bogs, and marshes. (2). Natural Prairie Restoration areas. Native grasses indigenous to Minnesota, planted and maintained on any occupied lot or parcel of land, setback a minimum of twenty (20') feet from the front property line as part of a garden or landscape treatment. (3) . City owned and/or controlled property (City will maintain city properties the same as the norm for the area or neighborhood it is located) (4). Stormwater pond areas. (5). Land used for agricultural purposes. (6). Compost areas which meet the following conditions: a. The compost is in a compost box which is of adequate construction to allow for the decomposition of the material. b. The compost is screened from view of adjacent property owners. 904.06 PENALTY Any person, or firm or corporation who violates any provision of this Ordinance shall be guilty of a misdemeanor and may be punished by a fine of not more than $700.00 or imprisonment for not more than 90 days, or both. 904.07 EFFECTIVE DATE This Ordinance shall become effective from and after its passage and publication. Passed and adopted by the City Council this 13th September , 1993. day of Vernon F. Reinert, Mayor Marilyn G. Anderson, Clerk -Treasurer Motion for the adoption of the foregoing Ordinance was duly seconded by Council Member Neal and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Elliott, Kuether, Neal, Reinert. The following voted against same: None. Whereupon said Ordinance was declared duly passed and adopted.