1h. City Code Amendment-Weeds and Grassi
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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
While the appointment of the Chief City Weed Tnspe
who I might add has done a most admirable A @`b m
Deputy Weed Inspector always draws chuckle ( ... wf
every city receives numerous complaints regarding w
to people to get their weeds cut by December has al
an enforceable ordinance is necessary whether the
the concern of thistles, etc., overtaking, adjoining pr(
enforce the code when the rare situations arise when
Action W C" Mff*ltft
I`ndorsP
Modre
R ejecte d��_�.,..
bet 54
Date Submitted to CommisAll
Date Sul ^-:tad to Cod
9 - is -S,C
the attached revised weed ordinance.
,r (statutorily required to be the mayor),
position...), and the appointment of the
else would one expect ?), the fact is that
is every year. Usually, giving warnings
ys solved the problem until Spring, but
plaints are about how weeds look, or
rtics, we do need to be in a position to
op_rty owners refuse to comply.
It's hard to believe that weeds :ctluld cause a concern relatijU to the United States Constitution,
but this can happen. An ordir;arice such as the one we presently have is arguably unconstitutional
because it is so vague and overbroad ( what exactly does the i4rase "weeds and tall grass" really
mean, and how are people " -io a aply ii nth much ralitioi' . Our Deputy Weed Inspector
' (a/k/a Bob Zydawsky) has Iffid.,"Aal x: @attached ortrance after, researching the
issue and attendinguezal seminars regarding workable, and legal, weed ordurices. Not only
can weed complaints creaie "fnuch but if these complaints end.. nPwrng to be dealt with
through the legal system, great expense" 4 04n F gerwrated, tiMi rly if the existing ordinance
turns out to be unenforceable. Ours may be Al
5 1 . �'..n
The simple remedy is to adopt an ordinance that 4
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 Safe Commission Officer Bob
Safety ,
Zydowsky in his position as the person who deals with these complaints, and the Public Safety
Director that the attached amendment be adopted.
I g:\safety\sh \weedord.mem
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 * FAX (612) 937 -5739
C
r
r
TO: Scott Harr, Public Safety Director
FROM: Bob Zydowsky, Public Safety Officer
AcKo+ By
PUKK LAFETY DUMC 0k
R�jed�d
For Your Info
')cte Subn*W to Comm. 7
Submitted to Council S/9
DATE: June 27, 1994
SUBJ: New Weed and Grass Ordinance
BACKGROUND
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.
I ANALYSIS
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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.
t
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. '
AN ORDINANCE AMENDING CHAPTER 13 '
OF THE CHANHASSEN CITY CODE
CONCERNING WEEDS AND GRASS '
THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: I
Section 1 . Chapter 13 of the Chanhassen City Code is amended by adding Article
III to read:
ARTICLE III. WEEDS AND GRASS. '
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. 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. 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. '
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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
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 , 1994, by the City
Council of the City of Chanhassen.
ATTEST:
Don Ashworth, Clerk /Manager
(Published in the Chanhassen Villager on
Donald J. Chmiel, Mayor
, 1994) .
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