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HomeMy WebLinkAbout2007.08.20 ORD 2007-410ORDINANCE NO. 2007-410 AN ORDINANCE AMENDING CHAPTER 200 (NUISANCE) OF THE CITY CODE AMENDING SECTION 200-3 NUMBER 8 TO PLACE REQUIREMENTS ON NOXIOUS WEEDS AND TALL GRASS THE CITY OF HUGO ORDAINS: Section 1. The City Council of the City of Hugo does hereby delete Section 200- 3-8 in its entirety and replace with the following language: Noxious Weeds and Tall Grass A. It shall be unlawful and prohibited for any owner, tenant, or occupant of land in the City to permit or maintain noxious weeds or other rank growth, as prohibited by Statutes of the State of Minnesota. B. It shall be unlawful for any owner, tenant, or occupant of land in the City to allow or permit any growth of weeds, grass, brush, or other rank vegetation to a height greater than ten inches (10"), or any accumulation of dead weeds, grass, or brush on such land. C. It shall be unlawful for any owner, tenant, or occupant of land in the City to allow or permit the growth of vegetation to a height greater than ten inches (10") or noxious weeds on any land between the property lines of the parcel and the pavement edge of any public roadway. D. Tall vegetation along driveways and public roads that may impair visibility when entering or exiting public roads is prohibited. E. If the provisions of this section are not complied with, the Code Enforcement Officer will mail a certified written notice, return receipt requested to the owner, tenant, or occupant of the land requiring them to comply with the provisions of this section. If the owner or owner's address is unknown, the City Clerk will publish a notice in the City's official newspaper. The notices and publication shall include the property address or description of the property and description of the violation. The violation shall be abated by the owner within seven (7) days of the mailing notice or publication. If there is failure to comply with the violations outlined by the ordinance, the City will abate the nuisance and assess the cost to the owner. The owner shall pay the assessment within 30 days or the assessment will be applied to the owner's property tax statement. Sections B & C shall not apply to: a) Natural areas, such as but not limited to, wetlands, prairie grass or wild flower restoration, public open spaces, storm water ponds, wooded areas, rain gardens, bogs, or marshes. b) Land used for agriculture c) Landscaped areas as shown on an approved landscape plan. d) All property that is zoned Rural Residential, Agricultural, and Long Term Agricultural and Future Urban Service. e) All property that is not platted or developed. For the purpose of this section "developed" shall mean that the property has been improved with the construction of buildings, parking lots or other facilities excluding utilities or sewer or water lines. f) Any property that is undeveloped and platted greater than 5 acres. Section 2 Severability. In the event that a court of competent jurisdiction adjudges any part of this Ordinance to be invalid, such judgment shall not affect any other provision of this Ordinance not specifically included with that judgment. Section 3. Effective Date. This amendment shall take effect upon its passage and publication. ADOPTED by the City Council on August 20, 2007. r ATTEST: MaryCreager, City Cl CITY OF HUGO ORDINANCE NO. 2007-410 AN ORDINANCE AMENDING CHAPTER 200 (NUISANCE) OF THE CITY CODE AMENDING SECTION 200-3 NUMBER 8 TO PLACE REQUIREMENTS ON NOXIOUS WEEDS AND TALL GRASS THE CITY OF HUGO ORDAINS: Section 1. The City Council of the City of Hugo does hereby delete Section 200-3-8 in its entirety and replace with the following language: Noxious Weeds and Tall Grass A. It shall be unlawful and prohibited for any owner, tenant, or occupant of land in the City to permit or maintain noxious weeds or other rank growth, as prohibited by Statutes of the State of Minnesota. B. It shall be unlawful for any owner, tenant, or occupant of land in the City to allow or permit any growth of weeds, grass, brush, or other rank vegetation to a height greater than ten inches (10"), or any accumulation of dead weeds, grass, or brush on such land. C. It shall be unlawful for any owner, tenant, or occupant of land in the City to allow or permit the growth of vegetation to a height greater than ten inches (10") or noxious weeds on any land between the property lines of the parcel and the pavement edge of any public roadway. D. Tall vegetation along driveways and public roads that may impair visibility when entering or exiting public roads is prohibited. E. If the provisions of this section are not complied with, the Code Enforce- ment Officer will mail a certified written notice, return receipt requested to the owner, tenant, or occupant of the land requiring them to comply with the provi- sions of this section. If the owner or owner's address is unknown, the City Clerk will publish a notice in the City's official newspaper. The notices and publication shall include the property address or description of the property and description of the violation. The violation shall be abated by the owner within seven (7) days of the mailing notice or publication. If there is failure to comply with the violations outlined by the ordinance, the City will abate the nuisance and assess the cost to the owner. The owner shall pay the assessment within 30 days or the assess- ment will be applied to the owner's property tax statement. Sections B & C shall not apply to: a) Natural areas, such as but not limited to, wetlands, prairie grass or wild flower restoration, public open spaces, storm water ponds, wooded areas, rain gardens, bogs, or marshes. b) Land used for agriculture c) Landscaped areas as shown on an approved landscape plan. d) All property that is zoned Rural Residential, Agricultural, and Long Term Agricultural and Future Urban Service. e) All property that is not platted or developed. For the purpose of this section "developed" shall mean that the property has been improved with the construc- tion of buildings, parking lots or other facilities excluding utilities or sewer or water lines. f) Any property that is undeveloped and platted greater than 5 acres. Section 2 Severability. In the event that a court of competent jurisdiction adjudges any part of this Ordinance to be invalid, such judgment shall not af- fect any other provision of this Ordinance not specifically included with that judgment. Section 3. Effective Date. This amendment shall take effect upon its passage and publication. ADOPTED by the City Council on August 20, 2007. Fran Miron, Mayor ATTEST: Mary Ann Creager, City Clerk Published one time in The Citizen on September 5, 2007 AFFIDAVIT OF PUBLICATION The Citizen PO Box 393 • 14491 Forest Blvd. N. • Hugo, MN 55038 651-426-6399 STATE OF MINNESOTA COUNTY OF WASHINGTON I Nancy Melamed am authorized as agent to make this affidavit of publication. Under oath, I state that the following is true and correct. The Citizen, is a newspaper which is published bi-weekly is of general circulation and is in compliance with Minnesota Statute 331A.02, 331A.07, and other applicable laws, and amended. The printed CITY OF HUGO ORDINANCE NO. 2007410 which is attached was cut from the columns of said newspaper; it was printed and published once each week for one successive week; it was published on Wednesday, the 5th day of September 2007; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghijiftnopgrstuvwxyz AUTHORIZED SIGNATURE: iN. KEENA NOYAR Pt1BLIC^INNES0 TA My (Cn1TIyS-rr :Dirt zn f ; 20%0 Title c 17- 1 -r-Er4 s -t—^ FF SUBSCRIBED AND SWORN TO BEFORE ME ON THE 4 DAY OF _October —2007. NOTARY SI�NATURE��- RATE INFORMATION: $8.00/INCH CITY OF HUGO PUBLIC HEARING ON NOXIOUS WEEDS ORDINANCE The Hugo City Council will hold a public hearing on Monday, August 20, 2007, Hugo City Hall, at 7:00 pm, to discuss revisions to the City's nuisance ordinance regarding noxious weeds and tall grass. All writ- ten and oral comments will be considered at this time. A copy of the proposed ordinance is on file at Hugo City Hall for public review. Mary Ann Creager, City Clerk Published one time in The Citi- zen on August 8, 2007. AFFIDAVIT OF PUBLICATION The Citizen PO Box 393 • 14491 Forest Blvd. N. • Hugo, MN 55038 651-426-6399 STATE OF MINNESOTA COUNTY OF WASHINGTON I Nancy Melamed am authorized as agent to make this affidavit of publication. Under oath, I state that the following is true and correct. The Citizen, is a newspaper which is published bi-weekly is of general circulation and is in compliance with Minnesota Statute 331A.02, 331A.07, and other applicable laws, and amended. The printed CITY OF HUGO PUBLIC HEARING ON NOXIOUS WEEDS ORDINANCE which is attached was cut from the columns of said newspaper; it was printed and published once each week for one successive week; it was published on Wednesday, the 8t' day of August 2007; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefg hijklmnopgrstuvwxyz AUTHORIZED SIGNATURE: JANAM. KEENA NOTARY PUBLIC - MINNESOTA My Commission. Expires jan. 31, 2010 Title G ITI S'TTA F F SUBSCRIBED AND SWORN TO BEFORE ME ON THE 4 DAY OF October -2007. NOTARY RATE INFORMATION: $8.00/INCH