HomeMy WebLinkAboutOrdinance No. 4249 : TallGrassWeeds.OrdAmend
ORDINANCE NO. 4249
AN ORDINANCE AMENDING AND REENACTING SUBDIVISION 2 OF
SECTION 5.03, SUBDIVISION 1 OF SECTION 5.05, AND CHAPTER 48
OF THE ROCHESTER CODE OF ORDINANCES, RELATING TO THE
REGULATION OF TALL GRASS AND WEEDS.
THE COMMON COUNCIL OF THE CITY OF ROCHESTER DO ORDAIN:
Section 1. Subdivision 2 of Section 5.03 of the Rochester Code of Ordinances is
hereby amended and enacted to read as follows:
Subd. 2. Administrative Offenses:
A. Alcoholic Beverage Regulations (chapter 125A)
B. Animal Regulations (chapter 106A)
C. Noise Regulations (section 85.10)
D. Park Regulations (chapter 45B)
E. Peace Plaza Regulations (chapter 45D)
F. Public Nuisances (chapter 40)
G. Refuse Collection and Disposal (chapter 141)
H. Smoking Regulations (sections 85.26 and 85.27)
I. Gambling Regulations (chapter 107)
J. Vending Carts (chapter 73D)
K. Street and Sidewalk Regulations (chapter 73)
L. Repeat Nuisance Service Calls (chapter 85C)
M. Sidewalk Maintenance (section 72.02)
N. Public Urination (section 85.031)
O. Outdoor Dog Permit (chapter 106B)
P. Housing Code: Registration of Rental Units (chapter 38).
Q. Piling of Snow (section 136.06).
R. Tall Grass and Weed Regulation (Chapter 48)
Section 2. Subdivision 1 of Section 5.05 of the Rochester Code of Ordinances is
hereby amended and reenacted to read as follows:
5.05. Administrative Citation. Subdivision 1. A person listed in
subdivision 3 of this section, upon the reasonable belief that an administrative
offense listed in section 5.02, subd. 2 has occurred, may serve on the violator an
administrative citation. The citation must be issued in person or by mail to the
person responsible for the violation or attached to the motor vehicle in the case
of a vehicular offense. In the case of violations of chapter 48, the citation may be
issued in person, by mail, or posting or affixing the citation to a stake in the
property or the front door of the home where the violation occurs when the owner
or his whereabouts are unknown. The citation must state the date, time and
nature of the offense, the name of the person issuing the citation, the amount of
the schedule penalty and the manner for paying the penalty or appealing the
citation. The City may use the Administrative Traffic Citation form approved by
the State of Minnesota under Minn. Stat. §169.999, subd. 3 as an Administrative
Citation under this section.
Section 3. Chapter 48 of the Rochester Code of Ordinances is hereby amended and
reenacted to read as follows:
48. TALL GRASS AND WEED REGULATION
48.01. Legislative Intent. It is declared to be the purpose and
intent of this chapter to protect and preserve this city’s neighborhoods and the
public health, safety and welfare of those who live there. The Rochester
Common Council determines that keeping the city free of tall grass and noxious
weeds improves the quality of life of city residents by improving the aesthetics of
the city, by eliminating harbor for rodents and insects, and by eliminating fire
hazards. At the same time the Council recognizes that requiring the mowing of
grasses and noxious weeds is under certain circumstances impractical and
unreasonable. The exemptions contained within this chapter are intended to
cover these circumstances.
The City Council also determines that a variety of properly maintained
landscapes in the City add diversity and a richness to the quality of life, and does
not want to discourage the preservation, restoration and maintenance of diverse
biologically stable natural plant communities or environmentally sound practices.
The City Council finds that the establishment of native or naturalistic plant
communities is an acceptable landscape treatment in the City. However, as a
protection for the larger community, this change in vegetation must be properly
planned, managed and maintained, and the length of transition period must be
minimized or the property is likely to create a public nuisance.
48.02. Definitions. Subdivision 1. The following definitions shall apply to
words used in this chapter.
Subd. 2. “Boulevard” shall mean the area between the street and
sidewalk or, in the absence of a public sidewalk, the area between the street
and property line adjacent to all streets within the Rochester City limits.
Subd. 3. “Buffer” or “buffer strip” shall mean a management area used
to separate differing landscapes and land uses to minimize the impact from
these adjacent land uses.
Subd. 4. “Landscaping” shall mean the active involvement in the
encouragement of selected plants to grow on a site.
Subd. 5. “Native and Naturalistic Vegetation” shall mean grasses and
flowering broad-leaf plants that are native to, or adapted to, the State of
Minnesota, and that are commonly found in meadow and prairie plant
communities, except weeds.
Subd. 6. “Native grasses” shall mean grasses (Beach Grass, Wood
Chess Grass, Sand Reed Grass, Wheat Grass, Bluestem Grass, Grama Grass,
Brome Grass, Buffalo Grass, Switch Grass, Indian Grass, Wild Rye)) that
existed in the area prior to European settlement.
Subd. 7. “Native plants” shall mean plants that existed in the area
prior to European settlement.
Subd. 8. “Natural landscaping” shall mean the use of groups of plants
native to the area.
Subd. 9. “Naturalistic landscaping” shall mean the use of native and
non-native plants.
Subd. 10. “Noxious weeds” shall mean plants so designated by the
Commissioner of Agriculture under authority of Minn. Stat. Sec 18.77 subd. 8,
those identified by Olmsted County, or USDA-APHIS.
Subd. 11. “Prairie” shall mean a plant community dominated by a
diversity of native perennial herbaceous plants and grasses.
Subd. 12. “Regularly cut” shall mean mowing or otherwise cutting
vegetation so that the dimension of the vegetation measured from the ground to
the top of the vegetation(as extended upright) regardless if that is the blade of
the vegetation or any other part of the plant does not exceed 12 inches in height.
Subd. 13. “Temporary Erosion Control Grasses” shall mean grasses
(winter wheat, oats, annual rye or regreen) that are used as single growing season
cover or nurse crops to assist in the establishment of permanent vegetation.
Subd. 14. “Traditional landscaping” shall mean the use of turf grasses
and woody plants (shrubbery and trees) with defined areas for cultivation of
annual and perennial plants.
Subd. 15. “Transitional period” shall mean the amount of time to
change from one type of landscaping to another. The period should not extend
beyond three growing seasons for any specific area.
Subd. 16. “Turf grasses” shall mean bluegrass, fescue and ryegrass
blends with non-woody vegetation interspersed with them commonly used in
regularly cut lawns.
Subd. 17. “Weeds” shall mean prohibited noxious weeds as identified
by the State of Minnesota Department of Agriculture, Olmsted County, or USDA-
APHIS and any undesirable or troublesome plant that is horticulturally out of
place exceeding the height limitations in this chapter. For the purposes of this
ordinance, Taraxacum spp (common dandelion) is not considered a weed.
Subd. 18. “Wetlands” shall mean lands transitional between terrestrial
and aquatic systems where the water table is near the surface. The boundary of
wetlands for purposes of this chapter shall be determined according to the U. S.
Army Corps of Engineers Wetland Delineation Manual (1987).
48.03. Nuisance Declared. It shall be unlawful and a public nuisance
for any person having control of any property in the City of Rochester to permit or
maintain on such property any (1) noxious weeds, or (2) growth of grass and
weeds in excess of 12” in height, if the growth of grass and weeds occupies an
area of at least 144 square feet and is located within 200 feet of a residence or
developed property. No owner shall permit such weeds and grass to be a public
nuisance, but shall abate the nuisance by cutting the weeds and grass and
removing the clippings if said clippings are deposited in a manner to create areas
which the vegetation will be ruined or killed.
48.04. Exemption and Conditions for Exemptions. The provisions of
this chapter shall not apply to the following:
A. Non-noxious weeds and grass vegetation in an identified wetland
area;
B. Non-noxious weeds, grasses and herbaceous vegetation within 50’
of designated storm water ponds or within 50’ of natural or altered
creeks, rivers and stream corridors, including riparian buffer strips,
that convey water, provided they are cut to less than 12 inches at
least once per year if located within 200’ of an occupied residence
or developed property;
C. Non-noxious weed and grass vegetation growing on agriculturally
zoned land, including pastures, that are fenced and contain
animals;
D. Temporary erosion control grasses;
E. Maintained and weeded prairie, or natural/naturalistic landscape
vegetation that does not contain noxious weed growth provided that
the property owner applies for and is issued a natural or naturalistic
landscape permit, and maintains the property in a condition
sufficient to maintain the permit;
F. Grass and non-noxious weed vegetation in publicly owned parks
designated as natural preserves or private property so designated
by the City Council or natural undisturbed areas where the land and
vegetation appears not to have been graded, landscaped or
otherwise disturbed by human or mechanical means in recent time;
G. Grass and non-noxious weed vegetation on natural or altered
slopes steeper than 2:1; or
H. Ornamental grasses.
48.05. Natural or Naturalistic Landscape Permits. Natural or
Naturalistic Landscape Permits are required if a proposed landscape includes
grasses that exceed or are expected to exceed 12 inches in overall height.
Permit applications shall be submitted to the Park Department.
48.06. Contents of Natural or Naturalistic Landscape Permit
Application. The applications shall contain:
A. The name and address of the applicant and the legal description of
the property being permitted;
B. A site plan for the area sought to be permitted. The scale of plan
should be 1”=30’ and include all adjacent properties and public
streets and alleys;
C. A general description of the vegetation types, plants and plant
succession to be used; and
D. A specific management and maintenance plan which shall include:
(1) The estimated transition period;
(2) The elimination of non-native or invasive vegetation;
(3) The replanting of the area by transplant or seeded by human
or mechanical means;
(4) The maintenance of the area to a height of 12 inches or less
if weeds cover more than 25% of the landscaped area
equaling in excess of 144 square feet;
(5) The maintenance of all non-woody vegetation/grasses
located in a buffer strip with a minimum distance of four feet
from side and rear lot lines is to a height of 12 inches or less
unless the adjacent property owner has consented in writing
that the buffer strip is not required, a copy of which is filed
with the permit application; and
(6) Maintenance of all vegetation within 18 inches of any public
street, walk, bikeway or alley to a height of 12 inches or less.
48.07. Issuance of Natural or Naturalistic Landscape Permit. The
Park Department shall determine the completeness of the application and shall
issue the Natural or Naturalistic Landscape Permit unless:
A. The management and maintenance plan is incomplete or
inconsistent with the application requirements; or
B. The transition period for the area is longer than three growing
seasons.
48.08. Denial of Natural or Naturalistic Landscape Permit; Appeal. Any
person whose application for a Natural or Naturalistic Landscape Permit is
denied shall receive written notice of such denial and may appeal that
determination to the Park Board by filing notice of such appeal within 10 days of
the date on the notice of denial. Upon receipt of the notice of appeal, the Park
Board shall set a public hearing at which the applicant and any other party
wishing to be heard shall have an opportunity to present evidence as to the
applicant’s compliance with the provisions of this ordinance and the application
procedure. If the Park Board determines that the applicant has complied with the
application provisions of this chapter, including the management and
maintenance plan requirements, it shall direct the park department to issue the
natural landscape permit. The Park Board shall affirm the denial if it determines
that the applicant has not complied with the provisions of this chapter.
48.09. Revocation of Natural or Naturalistic Landscape Permit. A
Natural or Naturalistic Landscape permit may be revoked by the park department
for any of the following reasons:
A. Weeds are not maintained;
B. Buffer strips are not maintained;
C. Vegetation within 18 inches of public walks, streets, alleys and
paths is not maintained to a height of 12 inches or less; or
D. Permittee fails to maintain the natural landscape area in a manner
consistent with the management and maintenance plan included in
the application.
The notice of revocation shall indicate that the revocation shall be effective on
the date identified therein, which date shall be not less than 14 days later than
the date of the notice, unless the permittee files a written appeal with the Park
Board. Upon receipt of the notice of appeal the Park Board shall set a public
hearing at which the permittee and any other party wishing to be heard shall
have an opportunity to present evidence as to the permittee’s compliance with
the provisions of this ordinance and the approved natural landscape permit. If
the Park Board determines that the permittee has failed to abide by the
provisions of this ordinance and the approved natural landscape permit, it shall
direct the park department to issue a tall grass and weed violation notice
pursuant to the provisions of this chapter.
48.10. Inspections and Notification by City. The City shall make such
inspections as are necessary to determine whether weeds or grass constitute a
public nuisance as defined in this chapter and is hereby authorized to enter onto
private property for the purpose of conducting such inspection. Upon finding such
public nuisance, the inspector shall cause an administrative citation to be issued
pursuant to chapter 5. Alternatively, the City may serve a notice by certified mail,
regular mail, or by personal service upon the record owner of the property. The
citation or notice shall order such owner to abate the nuisance by cutting the weeds
and grass, and removing the clippings within 48 hours of the date of the notice.
The citation or notice shall also state that if the owner fails to do so, the City will
cause the weeds and grass to be cut and the expense thereof shall be the owner’s
responsibility. Refusal to accept, or not seeing such notice by the owner of the
property shall not constitute a defense that the notice was not received.
48.11. Mitigation by City. Upon finding a public nuisance associated
with weeds or grass, the designated Park staff may issue to the property owner
an administrative citation pursuant to chapter 5 or a violation notice pursuant to
this chapter. For purposes of mitigation of the public nuisance, the Director of
Park and Recreation, or designee, may enter onto private property to mitigate
nuisance weeds or grass 48 hours after the administrative citation or violation
notice has been issued. The Director of Park and Recreation shall keep a record
showing the cost of the required mitigation on each lot or parcel.
48.12. Owner Liability for Cost. The owner of property for which a
violation notice or an administrative citation was issued and for which the City
has undertaken the mowing of grass or weed shall be liable for the actual cost of
cutting and removal of the tall grass and weeds, plus such sums as determined
to reimburse the City for its costs of inspection and administration of the work.
As soon as the service has been completed and the cost determined, the City
shall prepare a bill and mail it to the owner and thereupon the amount shall be
immediately due and payable. If the owner fails to pay the bill, the total charges
for the work performed in abating the nuisance together with administrative and
inspection charges may be levied as an assessment against the benefitted
property under the procedure found in section 72.11.
48.13. Establishment of Costs for Services. The Park Board will
establish costs for removal services associated with mitigation of weed and grass
violations, and administration and inspection services associated with this
chapter.
Section 2. This Ordinance shall become effective on and after the date of its
publication.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS _____ DAY OF ________________, 2016.
___________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: ____________________
CITY CLERK
APPROVED THIS _____ DAY OF ___________________, 2016.
___________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Ord15/48
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