1g. Amendment to Nuisance Ordinance re: Weeds
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MEMORANDUM
TO: Todd Gerhardt, City Manger
CITY OF
CHANHASSEN
FROM:
Laurie Hokkanen, Assistant City Manager
DATE:
e~
Adoption of Ordinance, Chapter 13, Chanhassen City Code,
Nuisances.
June 9, 2008
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
SUBJ:
Administration
Phone: 952.227.1100
Fax: 952.227.1110
MOTION
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
"The Chanhassen City Council approves the attached ordinance amending
Chapter 13 of the Chanhassen City Code."
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
A simple majority vote of City Council members present is required to adopt
the amendment.
Finance
Phone: 952.227.1140
Fax: 952.227.1110
BACKGROUND
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
Fax: 952.227.1404
The City continues to receive complaints regarding tall weeds on residential
properties. Staff proposes reducing the height of nuisance weeds from 12 to
8 inches. Staff is proposing to change the procedure by which the City may
have the weeds and grass cut, limiting notification of violation within one
growing season to a single notice prior to the City mowing the property.
Subsequent violations would not be re-noticed prior to the City mowing the
lawn within that calendar year.
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952.227.1110
The proposed City Code amendments are to Sec. 13-24. Weeds and Grass and
Sec. 13-26 (a). Violation.
Pubtic Works
1591 Park Road
Phone: 952.227.1300
Fax: 952.227.1310
According to the University of Cornell, a proper lawn height is 2.5 to
3.5 inches. The City receives a number of complaints regarding weeds/grass
that are not being regularly cut. In 2007, the Community Service Officers
issued about 50 warnings for weeds/grass in excess of 12 inches.
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
Complaints about weeds/grass are typically received when the lawns are
6 inches or longer. The City cannot take any action until the lawns exceed the
12 inches under the current ordinance. This change would allow staff to be
more responsive to residents and better ensure continued property
maintenance.
Web Site
www.ci.chanhassen.mn.us
The City of Chanhassen · A growing community with clean lakes, quality schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play.
Mr. Todd Gerhardt
June 9, 2008
Page 2
PROPOSED CHANGE
Sec. 13-24. Prohibition.
Weeds and grass in excess of R 8 inches in length on any occupied or
unoccupied lot or parcel of land less than one acre in size in the City of
Chanhassen is a public nuisance and is prohibited. On vacant property where
it would be physically difficult to mow because of topography or other
physical constraints, the height limitation on weeds and grass shall only apply
to a ten-foot-wide strip abutting the lot line of the property. The height
limitation does not apply to publicly owned property maintained as open
space or as a nature preserve. Noxious weeds as identified and defined by the
Minnesota Department of Agriculture Administrative Rules as prohibited or
restricted are also a public nuisance and are prohibited. Native grasses and
wild flowers indigenous to Minnesota, planted and maintained on any
occupied lot or parcel of land as part of a garden or landscape treatment are
exempt from this article.
Sec. 13-26. Violation.
(a) After giving the owner or occupant of a lot not in compliance with the
previous sections seven days' advance written notice of the
noncompliance, the city may cut, or cause to be cut the grass, weeds, or
plants and may assess the cost against the property in accordance with
Minnesota State Statute 429.10 1. The notice shall provide that if there
are any further violations within the calendar year in which the notice
is sent the City will continue to cut or cause to be cut the grass, weeds
or plant through the remainder of the calendar year each time there is
a violation without further notice.
RECOMMENDATION
Staff recommends that the City Council adopt the attached ordinance amending
Section 13-24 and 13-26 (a) of the Chanhassen City Code pertaining to the
height of weeds and the notification process for violations.
ATTACHMENT
1. Ordinance Amending Chapter 13, Chanhassen City Code.
G:\PLAN\City Code\2008 Code Update\CC memo CH 13 June 9. 2008.doc
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 13
CHANHASSEN CITY CODE, NUISANCES
THE CITY COUNCIL OF THE CITY OF CHANHASSEN, MINNESOTA ORDAINS:
Section 1. Chapter 13, Article III, Section 13-24 of the City Code, City of Chanhassen,
Minnesota, is hereby amended to read as follows:
Weeds and grass in excess of 8 inches in length on any occupied or unoccupied lot or
parcel of land less than one acre in size in the City of Chanhassen is a public nuisance
and is prohibited. On vacant property where it would be physically difficult to mow
because of topography or other physical constraints, the height limitation on weeds and
grass shall only apply to a ten-foot-wide strip abutting the lot line of the property. The
height limitation does not apply to pubicily owned property mainatined as open space or
as a nature preserve. Noxious weeds as identified and defined by the Minnesota
Department of Agriculture Administrative Rules as prohibited or restricted are also a
public nuisance and are prohibited. Native grasses and wild flowers indigenous to
Minnesota, planted and maintained on any occupied lot or parcel of land as part of a
garden or landscape treatment are exempt from this article.
Section 2. Chapter 13, Article III, Section 13-26 (a) of the City Code, City of
Chanhassen, Minnesota, is hereby amended to read as follows.
(a) After giving the owner or occupant of a lot not in compliance with the previous
sections seven days' advance written notice of the noncompliance, the city may cut,
or cause to be cut the grass, weeds, or plants and may assess the cost against the
property in accordance with Minnesota State Statute 429.101. The notice shall
provide that if there are any further violations within the calendar year in which the
notice is sent the city will continue to cut or cause to be cut the grass, weeds or plant
through the remainder of the calendar year each time there is a violation without
further notice.
Section 3. This ordinance shall be effective immediately upon its passage and
publication.
PASSED AND ADOPTED this 9th day of June, 2008, by the City Council of the
City of Chanhassen, Minnesota
Todd Gerhardt, City Manager
(Published in the Chanhassen Villager on
Thomas A. Furlong, Mayor
)
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