13. Code Amendment-Weeds and Grassn
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CITY OF �
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
TO: Mayor and City Council
Don Ashworth, City Manager
FROM: Scott Harr, Public Safety Director /
DATE: July 28, 1994
SUBJ: New Weed Ordinance
This memo is to recommend that the Council adopt the attached revised weed ordinance.
While the appointment of the Chief City Weed Inspector (statutorily required to be the mayor),
who I might add has done a most admirable job in this position...), and the appointment of the
Deputy Weed Inspector always draws chuckles (...what else would one expect ?), the fact is that
every city receives numerous complaints regarding weeds every year. Usually, giving warnings
to people to get their weeds cut by December has always solved the problem until Spring, but
an enforceable ordinance is necessary. Whether the complaints are about how weeds look, or
the concern of thistles, etc., overtaking adjoining properties, we do need to be in a position to
enforce the code when the rare situations arise when property owners refuse to comply.
It's hard to believe that weeds could cause a concern relating to the United States Constitution,
but this can happen. An ordinance such as the one we presently have is arguably unconstitutional
because it is so vague and overbroad ( what exactly does the phrase "weeds and tall grass" really
mean, and how are people to comply with such generalities ?). Our Deputy Weed Inspector
(a/k/a Bob Zydowsky) has taken the time to draft the attached ordinance after researching the
issue and attending several seminars regarding workable, and legal, weed ordinances. Not only
can weed complaints create much conflict, but if these complaints end up having to be dealt with
through the legal system, great expense can >I
turns out to be unenforceable. Ours may be.
the existing ordinance
The simple remedy is to adopt an ordinance that is both workable and legal. The City Attorney
has reviewed ours and states that the attached is both. The Public Safety Commission reviewed
this draft at the July, 1994 meeting and has endorsed it as presented.
RECOMMENDATION It is the recommendation of the Public Safety Commission, Officer Bob
Zydowsky in his position as the person who deals with these complaints, and the Public Safety
Director that the attached amendment be adopted.
gAsafety\sh \weedord.mem
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 0 FAX (612) 937 -5739
F��
TO: Scott Harr, Public Safety Director
FROM: Bob Zydowsky, Public Safety Officer
DATE: June 27, 1994
SUBJ: New Weed and Grass Ordinance
BACKGROUND
Adion By
PUdUC LUTTY DIRECTOR
Rejw�d
For Your Info
')ate SubTAW to Comm. ,( 7
Submi -ed to Councl 5 -lq `7
I have been the Deputy Weed Inspector since 1991. During that time I have been trying to
design a new weed /tall grass ordinance. With the help of the City Attorney's office,
Minnesota Department of Natural Resources, and Councilman Mark Senn, we have designed
a new ordinance that we believe will not only make weed enforcement easier, but more clear
cut for those who are in violation of the ordinance.
ANALYSIS
The current weed ordinance is as follows: "It is a nuisance for anyone to have tall and or
noxious weeds ". The current ordinance is very non - specific as to what is tall and what is
noxious. This has not only made it difficult to deal with violators, but when we get to a
court situation, I am confident that the violation would be dismissed. The new ordinance that
was designed is specific as to what is tall and what is noxious. It also has a component
allowing for people to develop their yards into a planted and maintained area for wildflowers
and native grasses. Another area that Councilman Senn wanted to incorporate into the
ordinance was to allow the city to cut the weeds and grass if the violator refuses to respond
to our requests. The cost of this would be assessed to the property under section 13 -26 (a).
RECOMMENDATION
My recommendation is to adopt the proposed weed and tall grass ordinance. As the city
continues to grow and the number of code violation increase, this new ordinance is going to
help enforcement greatly.
's
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CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A
Aug 10,94 10:37 N0.001 P.02
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CIIAPTER 13
OF THE CIIANIIASSEN CITY CODE
CONCERNING WEEDS AND GRASS
THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
Sect ion 1. Chapter 13 of the Chanhassen City Code is amended by adding Article
III to read:
ARTICLE III. WEEDS AND GLASS.
Sec. 13-24. Prohibition.
Weeds and grass in excess of twelve inches (12 ") 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. Noxious weeds or plants as identified and defined by
the Minnesota Department of Agriculture 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 ordinance.
Sec. 13.25. Cutting, Removal, or Chemical Treatment.
The owner, lessee, or occupant of any lot or parcel of land shall cut and remove
or chemically treat all such weeds, grass, brush, or other rank, poisonous, or harmful
vegetation as often as necessary to comply with the provisions of this Section. Cutting,
removing, or chemically treating such weeds, grass, brush, or other rank, poisonous, or
harmful vegetation at least once in every three (3) weeks, between May 15 and October
15 in a given year, is deemed to be in compliance with this ordinance.
See. 13-26. Violation.
(a) After giving the owner or occupant of a lot not in compliance with the
previous sections seven (7) days advance written notice of the noncompliance, the City
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CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A
Aug 10,94 10:38 No.001 P.03
may cut, or cause to be cut the grass, weeds, or plants and may assess the cost against
the property in accordance with Minn. Stat. § 429.101.
(b) The violation of any provision of this ordinance is a misdemeanor and the
violator shall be fined or penalized not more than the maximum levels established by the
State of Minnesota for misdemeanor offenses.
Section 2 , This ordinance shall be effective immediately upon its passage and
publication.
PASSED AND ADOPTED this day of
Council of the City of Chanhassen.
ATTEST;
Don Ashworth, Clerk/Manager
, 1994, by the City
Donald J. Chmiel, Mayor
(Published in the Chanhassen Villager on , 1994).
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