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For the purpose of this subchapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
BOULEVARD. Area between curb or street edge and the private property/parcel line. This publicly owned area is defined by the distance noted on official city maps from the center of the street or cul-de-sac to the property’s lot line.
PUBLIC PROPERTY. Any area or building owned by the city including sidewalks, alleys, and public parking lots, but not limited to, boulevards, parks, playgrounds, wetlands, and streets.
PUBLIC RIGHT-OF-WAY. Portion of property reserved for public use and accepted for such use by the city to provide circulation and travel to abutting properties, including, but not limited to, streets, boulevards, alleys, sidewalks, and easements for public utilities.
PUBLIC UTILITY. Any public or private facility or system for producing, transmitting, or distributing communications, electricity, gas, oil products, water, sanitary water, or storm water, which directly or indirectly serves the public or any part thereof within the corporate limits of the city.
TOPPING. The severe cutting back of limbs to stubs larger than three inches in diameter within the tree’s crown to such a degree so as to remove the normal canopy and disfigure the tree. This is an undesirable practice, causing shock to the tree, leaving it susceptible to disease and affecting the overall health by disturbing the crown to root ratio.
TREE. Any tree, shrub, hedge, or woody vegetation.
(1) Sizes.
(a) SMALL TREES. Those growing to a maximum height of 30 feet.
(b) MEDIUM TREES. Those growing to maximum height of 30 to 50 feet.
(c) LARGE TREES. Those growing to a maximum height of over 50 feet.
(2) Descriptions.
(a) BOULEVARD TREE. A tree planted within the strip of land lying between property lines and the edge of streets, avenues, boulevards, or roadways within the city.
(b) PARK TREE. A tree growing in designated parks owned by the city to which the public has free access.
(c) PUBLIC TREE. Any tree growing on public rights-of-way and city-owned lands, including boulevard and park trees.
(d) PRIVATE TREE. All trees growing on private property within the city limits.
(e) HAZARD TREE. Any public or private tree or part thereof which has an infectious or destructive disease, insect problem, or other pestilence which endangers the growth, health, life, or well-being of trees in the city, or which threatens to or is capable of causing a spread of a disease, pestilence, or insect infestation:
1. Is determined to be infected with a shade tree pest or disease, including, but not limited to, Dutch elm disease, oak wilt, or emerald ash borer;
2. Is dead, dying, broken, or decayed;
3. Obstructs street lights, traffic signs, or the view of any street intersection;
4. Obstructs the free passage of pedestrians or vehicles;
5. Is causing the surface of a public street, curb, or sidewalk to be upheaved or otherwise disturbed;
6. Poses an imminent threat to the sewer system, electric power lines, gas lines, water lines, or other public improvement; or
7. Constitutes an imminent danger to the health, safety, or well-being of the general public.
URBAN FOREST. A forest or collection of trees growing within a city. It may include any kind of woody plant vegetation growing in and around the city.
(Ord. 98, passed 9-14-2021; Ord. passed 11-14-2023)
(A) The city will designate resources for the planting and care of public trees and other vegetation. This includes assigning and managing city staff to complete necessary tasks. If needed, the city shall appoint or contract with a licensed tree trimmer to perform the duties imposed by this subchapter. The tree trimmer will provide proof of liability insurance and worker’s compensation insurance.
(B) Any owner of private property abutting a boulevard shall have the following responsibilities for public trees located in the boulevard adjacent to the owner’s property:
(1) Periodic watering of trees, located in the boulevard, when necessary to maintain good health and vigor;
(2) Protection of trees against damage caused by lawn mowers, weed trimmers, snow blowers, and similar equipment;
(3) The city may maintain boulevard trees, but residents are encouraged to care for trees in the boulevard adjoining their property according to these specifications; that branches are no closer than eight feet above sidewalks or level of turf and a minimum of 12 feet above the street; and
(4) It shall be the responsibility of the property owner to accomplish the trimming and/or removal of private trees, with due consideration for public safety concerns, such as, a duty to adequately block off any affected street, sidewalk, and/or yard area to make certain there are no pedestrians under a proposed fall line of the trees or branches to be trimmed and that adequate consideration for protection of neighboring property is also provided. Third parties are required to provide proof of liability insurance.
(C) Every owner of property abutting on any public street or alley shall cut the grass and weeds from the edge of his or her property line to the edge of the street or alley, or, for unimproved streets and alleys, to the center of the roadway.
(D) If the grass or weeds in such place are ten inches or more in height, it shall be sufficient evidence of a violation of this section. All property owners in the city are responsible for controlling the growth and spread of weeds, whether on public or private property.
(Ord. 98, passed 9-14-2021; Ord. passed 11-14-2023) Penalty, see § 92.99
(A) Planting trees in the right-of-way. It is unlawful for any person to plant trees within the right-of-way.
(B) Utilities. No public trees may be planted under or within ten lateral feet of any overhead transmission or primary utility wire, over or within two feet of any natural gas transmission line, over any underground water line, sewer line, sub-drain, transmission line, or other utility. No trees shall be planted within utility easements. A local call must be made prior to planting to determine location of utility lines (Gopher State One-Call: 800-252-1166).
(C) Maintenance.
(1) The city shall have the right to plant, prune, maintain, and remove public trees as may be necessary to ensure the public safety or to preserve or enhance the symmetry and beauty of such public property.
(2) The city may remove or cause or order to be removed, any tree or part thereof which is in an unsafe condition of which, by reason of its nature, is injurious to sewers, electric power lines, gas lines, water lines, or other public improvements, or is affected with any injurious fungus, insect, or other pest, including, but not limited to, Dutch elm disease, oak wilt disease, or emerald ash borer.
(3) If the city chooses to plant boulevard trees on a property’s boulevard, the property owners shall be notified in writing and have the right to appeal the planting of the tree to the City Council by notifying the Clerk/Treasurer and requesting a hearing.
(4) Every public or private tree overhanging any street or right-of-way within the city shall be trimmed so that the branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection or street sign and so that there shall be a clear space of at least 12 feet above the street or eight feet above the sidewalk.
(5) It shall be unlawful for any person, firm, or city department to top any street tree, park tree, or other tree on public property. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this subchapter at the determination of the City Inspector.
(6) Control of private hazard trees:
(a) The city maintains the right to take action on private trees that meet the definition of hazard trees to protect the public. Every effort will be made to cooperate with the citizen before action is taken.
(b) Required process for orders relating to private hazard trees is as follows.
1. Except in situations of imminent danger to human life and safety, the city representative will not enter private property for the purpose of inspecting for hazard trees without the permission of the owner, resident, or other person in control of the property, unless the city representative has obtained a warrant or order from a court of competent jurisdiction authorizing the entry.
2. All orders to remove, treat, or trim trees, eradicate, or otherwise control the hazardous condition given pursuant to this section shall be in writing and authorized by the city or its designated representative. Orders shall be served in person or by mail upon the owner of the property where such trees are located. Such orders shall afford the owner of the property not less than 30 days or a reasonable amount of time determined by the city from the date of the mailing of such notice to comply with such order.
3. If the required action is not taken by the property owner within the specified time, the city may cause the tree concerned to be trimmed, removed, or treated for the hazardous condition to be eradicated or otherwise controlled. The costs of such actions shall be apportioned as provided in this subchapter.
4. Disposal of wood from hazard trees must follow accepted Department of Natural Resource standards to ensure diseased wood does not infect healthy trees. Wood from, including, but not limited to, elms infected with Dutch elm disease, oaks infected with oak wilt, or green ash infected with emerald ash borer must follow DNR approved quarantine procedures.
5. Apportionment of costs relating to hazard trees.
6. a. Public trees. In the event that the city determines that a tree located on a boulevard or on public land as defined in § 92.26 is a hazard, the city will be responsible for the tree treatment, trimming, or removal.
b. Private trees.
i. In the event the city determines that a private tree is a hazard to city-owned utilities, the homeowner will assume responsibility for the cost of removal, treatment, trimming, or otherwise eradicating or controlling the hazardous condition.
ii. In cases wherein the tree is determined to be infected with a shade tree pest or disease, including, but not limited to, Dutch elm disease, oak wilt disease, and emerald ash borer, and where the city has determined that a private tree is a hazard, the owner will be responsible for removal, treatment, trimming, or otherwise eradicating or controlling the hazardous private tree.
iii. In situations where a private tree is dead, dying, and decayed and deemed of being an imminent danger to public health, safety, and well-being, the owner will be responsible for appropriate trimming or removal of his, her, or their tree.
iv. If a private hazard tree is not removed or treated as ordered or if the owner does not voluntarily pay to the city the cost of removal or treatment by the city, all costs incurred by the city for trimming, tree removal, treatment, or eradicating or controlling the hazardous condition may be recovered by the city by assessing the property.
v. Permits shall not be required for trees removed from private property, but due consideration for streets, pedestrians, neighbors, and proof of third party liability insurance must be made.
(Ord. 98, passed 9-14-2021; Ord. passed 11-14-2023) Penalty, see § 92.99
(A) Generally. No person may plant, remove, alter, destroy, cut, or disturb any public tree within the city without permission from the city.
(B) Abuse or mutilation of public trees. No person shall damage, transplant, top, remove, or mutilate any public tree. DAMAGE may include, but is not limited to, the following: posting signs with nails, staples, screws, or other devices, hanging wires of any kind, vehicle damage, weed whip, lawn mower damage, stripping bark off the tree, and poison or toxin applications.
(C) Protection of public trees near construction activities. Any public tree in the immediate vicinity of any excavation, demolition, or construction site of any building, structure, street, or utilities work which has potential for injury, shall be protected from injury by the person responsible for carrying out the construction activities.
(Ord. 98, passed 9-14-2021; Ord. passed 11-14-2023) Penalty, see § 92.99
(A) Assessment of claim. In the event that a hazardous condition is not removed by the date specified in the notice, the city is authorized to cause the removal of such hazardous condition. The reasonable cost of such removal shall be filed as an assessment against the property on which the hazardous tree was located.
(B) Appeals. Any person aggrieved by any ruling or order of the city may appeal to the City Council, which shall hear the matter and make a final decision. The City Council shall have the right to review decisions and may modify, affirm, or reverse any determination of the City Representative.
(Ord. 98, passed 9-14-2021; Ord. passed 11-14-2023)
(A) General provisions.
(1) It is declared to be the purpose and intent of this section to protect and preserve the city’s neighborhoods and the public health, safety, and welfare of those who live there. The 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 City Council recognizes that requiring the mowing of grasses and noxious weeds is under certain circumstances impractical and unreasonable. The exemptions contained within this section are intended to cover these circumstances.
(2) 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.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BOULEVARD. The portion of the street outside the roadway that may contain sidewalks, landscaped area, infrastructure, or amenities.
BUFFER or BUFFER STRIP. A unit of yard, together with the plantings required thereon, designed to mitigate nuisance between adjacent land uses or between a land use and a public street.
DEVELOPED. Improvements to property, including roads, paths, sidewalks, any buildings, driveways, or out buildings.
LANDSCAPING. The active involvement in the encouragement of selected plants to grow on a site.
NATIVE AND NATURALISTIC VEGETATION. Grasses and flowering broad-leaf plants that are native to, or adapted to, the state and that are commonly found in meadow and prairie plant communities, except weeds.
NATIVE GRASSES. 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.
NATIVE PLANTS. Plants that existed in the area prior to European settlement.
NATURAL LANDSCAPING. The use of groups of plants native to the area.
NATURALISTIC LANDSCAPING. The use of native and non-native plants.
NOXIOUS WEEDS. Plants so designated by the Commissioner of Agriculture pursuant to state statutes, those identified by the county, or USDA-APHIS.
PRAIRIE. A plant community dominated by a diversity of native perennial herbaceous plants and grasses.
REGULARLY CUT. 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 eight inches in height.
TEMPORARY EROSION CONTROL GRASSES. 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.
TRADITIONAL LANDSCAPING. The use of turf grasses and woody plants (shrubbery and trees) with defined areas for cultivation of annual and perennial plants.
TRANSITIONAL PERIOD. 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.
TURF GRASSES. Bluegrass, fescue, and ryegrass blends with nonwoody vegetation interspersed with them commonly used in regularly cut lawns.
WEEDS. Prohibited noxious weeds as identified by the State Department of Agriculture, the county, or USDA-APHIS and any undesirable or troublesome plant that is horticulturally out of place exceeding the height limitations in this section. For the purposes of this section, Taraxacum spp (common dandelion) is not considered a WEED.
WETLANDS. Lands transitional between terrestrial and aquatic systems where the water table is near the surface. The boundary of WETLANDS, for purposes of this section, shall be determined according to the most recently published U.S. Army Corps of Engineers Wetland Delineation Manual.
(C) Nuisance declared. It shall be unlawful and a public nuisance for any person having control of any property in the city to permit or maintain on such property any noxious weeds, or growth of grass and weeds in excess of eight inches in height, if the growth of grass and weeds occupies an area of at least 100 square feet and is located within 100 feet of the property line of a platted parcel or within any platted 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. Such clippings shall not deposited in a manner to create areas which the vegetation will be ruined/killed.
(D) Exemption and conditions for exemptions. The provisions of this section shall not apply to the following:
(1) Non-noxious weeds and grass vegetation in an identified wetland area;
(2) Non-noxious weeds, grasses and herbaceous vegetation within 50 feet of designated stormwater ponds (lying within the storm water pond property) or within 50 feet of natural or altered creeks, rivers, and stream corridors, including riparian buffer strips, that convey water, provided they are cut to less than eight inches at least once per year if located within 100 feet of an occupied residence or developed property;
(3) Non-noxious weed and grass vegetation growing on agriculturally-zoned land, including pastures, that are fenced and contain animals;
(4) Temporary erosion control grasses;
(5) 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;
(6) Grass and non-noxious weed vegetation in publicly owned parks designated as natural area or private property so designated by the City Council or any natural undisturbed areas existing beyond 15 feet of a developed/platted property where the land and vegetation appears not to have been graded, landscaped or otherwise disturbed by human or mechanical means in recent time;
(7) Grass and non-noxious weed vegetation on natural or altered slopes steeper than one to one; or
(8) Ornamental grasses.
(E) 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 eight inches in overall height. Permit applications shall be submitted to the city.
(F) Contents of natural or naturalistic landscape permit application. The applications shall contain:
(1) The name and address of the applicant and the legal description of the property being permitted;
(2) A site plan for the area sought to be permitted. The scale of plan should be one inch equals 30 feet and include all adjacent properties and public streets and alleys;
(3) A general description of the vegetation types, plants, and plant succession to be used; and
(4) A specific management and maintenance plan which shall include:
(a) The estimated transition period;
(b) The elimination of non-native or invasive vegetation;
(c) The replanting of the area by transplant or seeded by human or mechanical means;
(d) The maintenance of the area to a height of eight inches or less if weeds cover more than 25% of the landscaped area equaling in excess of 100 square feet;
(e) 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 eight 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
(f) Maintenance of all vegetation within the road right-of-way or within 18 inches of any public street, walk, bikeway, or alley to a height of eight inches or less.
(G) Issuance of natural or naturalistic landscape permit. The city shall determine the completeness of the application and shall issue the natural or naturalistic landscape permit unless:
(1) The management and maintenance plan is incomplete or inconsistent with the application requirements; or
(2) The transition period for the area is longer than three growing seasons.
(H) 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 ten 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 section and the application procedure. If the Park Board determines that the applicant has complied with the application provisions of this section, including the management and maintenance plan requirements, it shall direct the Parks and Recreation Department to issue the natural landscape permit. The city shall affirm the denial if it determines that the applicant has not complied with the provisions of this section.
(I) Revocation of natural or naturalistic landscape permit.
(1) A natural or naturalistic landscape permit may be revoked by the city for any of the following reasons:
(a) Weeds are not maintained;
(b) Buffer strips are not maintained;
(c) Vegetation within the road right of way or within 18 inches of public walks, streets, alleys, and paths is not maintained to a height of eight inches or less; or
(d) The permittee fails to maintain the natural landscape area in a manner consistent with the management and maintenance plan included in the application.
(2) 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 section and the approved natural landscape permit. If the Park Board determines that the permittee has failed to abide by the provisions of this section and the approved natural landscape permit, it shall direct the Parks and Recreation Department to issue a tall grass and weed violation notice pursuant to the provisions of this section.
(J) 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 section 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. The city may also serve a notice by 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.
(K) Mitigation by the city. Upon finding a public nuisance associated with weeds or grass, the city may issue to the property owner an administrative citation or a violation notice pursuant to this section. For purposes of mitigation of the public nuisance, the city, or assigns, may enter onto private property to mitigate nuisance weeds or grass no earlier than four calendar days after the date the administrative citation or violation notice has been issued. The city shall keep a record showing the cost of the required mitigation on each lot or parcel.
(L) 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 weeds 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.
(M) Establishment of costs for services. The city will establish costs for removal services associated with mitigation of weed and grass violations, and administration and inspection services associated with this section.
(Ord. passed 11-14-2023; Ord. passed - -2024)
Penalty, see § 92.99
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