(A) Weeds.
(1) “Weeds” defined. WEEDS shall mean and include not only noxious weeds as are enumerated in Minn. Rules part 1505.0730, but also undesirable, useless, uncultivated and troublesome plants as are commonly known as weeds to the general public and all pollen producing plants which are a hazard to hayfever sufferers.
(2) Permitting or maintaining growth. It shall be unlawful for any owner or occupant, if other than the owner, of any occupied or unoccupied lot or land or any part thereof, to permit or maintain on any lot or land, or on or along the sidewalk, street or alley adjacent to the same between the property line and the curb or middle of the alley or for ten feet outside the property line if there be no curb, any growth of weeds and/or grass, brush or other rank vegetation to a greater height than six inches on the average or any accumulation of dead weeds, grass or brush which may conceal filthy deposits of garbage and refuse and provide harborage for rodents; provided that, in those blocks that are 25% developed or less, weeds and the like shall be cut at least once during the growing season at the discretion of the Weed Inspector.
(3) Duty of owner and occupant to remove. It shall be the duty of any owner and occupant, if other than the owner, of any lot or land or any part thereof, to cut and remove or cause to be cut and removed all weeds and/or grass, brush and rank vegetation as often as may be necessary to comply with the provisions of this section; provided that, the cutting and removing of the weeds and/or grass, brush and rank vegetation at least once in every three weeks, between May 15 and September 15, shall be considered compliance with this section.
(4) Publication of general notice for control and eradication. A general notice for the control and eradication of weeds and/or grass, brush and rank vegetation shall be published in the official newspaper on or before May 15 of each year. Failure of the Weed Inspector to publish a general weed notice or to serve individual notices herein provided does not relieve any person from the necessity of full compliance with any and all provisions and regulations of this section. In all cases, the published notice shall be deemed legal and sufficient notice.
(5) Serving notices. Whenever the City Weed Inspector finds it necessary to secure prompt eradication or cutting and removal of weeds and/or grass, brush and rank vegetation in individual cases or in the event of failure to comply with the general published notice, the City Weed Inspector shall serve individual notices in writing upon the owner and occupant, if other than the owner, giving specific instructions when and how the weeds and/or grass, brush and rank vegetation are to be cut and removed. The notice shall be served upon the owner of the property and on the occupant, if other than the owner, either personally or by certified mail, mailed to the last known address of the owner and occupant of the property. For purposes of serving by certified mail, the addressee is considered to have been served the notice five days after the date appearing on the certificate of mailing. A notice tag shall also be affixed to the door of any building situated on the property. Service on an owner living temporarily or permanently outside of the city whose property is vacant or unoccupied may be made by sending the notice by certified mail to the last known address of the person, to be ascertained, if necessary, from available public records. For purposes of certified mail, the addressee is considered to have been served the notice five days after the date appearing on the certificate of mailing.
(6) Removal by city. If any owner or occupant, if other than the owner, upon whom the individual notice is served, fails to comply with the notice either by refusal or neglect to cut and remove the weeds and/or grass, brush and rank vegetation within seven days after service of the notice, the City Weed Inspector shall cause the weeds and/or grass, brush and rank vegetation to be cut and removed. Promptly upon completion of the work of removal of the weeds and/or grass, brush and rank vegetation, the City Administrator or his or her designated representative shall serve upon the owner by first class mail an itemized statement of the actual cost of the cutting and removal, plus the actual cost of supervision, including cost of serving notice upon the person responsible for the cutting and removal; the statement to include a $40 administrative fee. If the owner fails to pay, the City Administrator shall submit to the City Council the itemized accounting of costs and a recommendation that the City Council by resolution authorize that an assessment be levied upon the lot or land in accordance with M.S. Ch. 429, as may be amended from time to time. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on the property with interest accrued to the date of payment to the city offices; except that, no interest shall be charged if the entire assessment is paid within 30 days of the date of adoption of the assessment resolution.
(B) Effective date. This section shall be in full force and effect after its adoption by the City Council and its summary publication in the official newspaper of the city. The ordinance codified herein was published on 4-24-2006.
(Ord. 87, passed 3-20-2006; Ord. 2011-1 (87.1), passed 1-24-2011) Penalty, see § 92.99