For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DESTRUCTION ORDER. The notice served by the city weed inspector or designated city official on the property owner of the ordinance violation.
PROPERTY OWNER. The person occupying the property, the holder of legal title or a person having control over the property of another, such as right-of-way, easement, license or lease.
WEEDS. Shall be construed to mean and include not only noxious weeds as are enumerated in M.S. Chapter 18.76 to 18.88, as they may be amended from time to time, but also such useless and troublesome plants as are commonly known as weeds to the general public. The word WEEDS shall also be construed to mean all rank vegetative growth which exhales unpleasant or noxious odors, and also high rank vegetative growth that may conceal filthy deposits.
(Prior Code, § 904.01) (Ord. 93-09, passed 9-13-1993)
(1) Any weeds or grass growing upon any lot or parcel of land in the City of Lino Lakes in excess of eight inches in height or which have gone or about to go to seed, are hereby declared to be a nuisance and dangerous to the health and safety and good order of the city. This shall apply in zoning districts where the land is platted or developed.
DEVELOPED shall mean that the property has been improved with the construction of buildings, parking lots or other facilities excluding underground utilities or sewer or water.
(2) It shall be unlawful to allow or permit any growth of weeds, grass, brush or other rank vegetation to a height greater than eight inches or any accumulation of dead weeds, grass or brush.
(3) In the instance where the control area is larger than one acre, the control shall be restricted to the front one acre and 20 feet on the perimeter of adjoining frontages.
(Prior Code, § 904.02) (Ord. 93-09, passed 9-13-1993)
All property owners shall be responsible for the removal, cutting or disposal and elimination of weeds, grasses and rank vegetation or other uncontrolled plant growth on their property, which at the time of notice, is in excess of eight inches in height.
(Prior Code, § 904.03) (Ord. 93-09, passed 9-13-1993)
When any conditions exist on any lot or parcel in the City of Lino Lakes in violation of the provisions hereof, it shall be the duty of the city weed inspector or his or her designee to serve a forward written notification in the form of a "Destruction Order" on the property owner, occupant or agent to have the weeds or grass cut and removed. The notice shall be served in writing by certified mail. The notice shall provide that within ten days after the service thereof, that the designated violation shall be removed by the property owner or person occupying the property, and also stating that in case of noncompliance, the same will be done by the city weed inspector at the owner's expense.
(Prior Code, § 904.03) (Ord. 93-09, passed 9-13-1993)
(1) The property owner may appeal by filing written notice of objections with the City Council within 48 hours of the notice, excluding weekends and holidays, if the property owner contests the findings of the city. It is the property owner's responsibility to demonstrate that the matter in question is not in violation of this chapter.
(2) An appeal by the property owner shall be brought before the City Council and shall be decided by a majority vote of the Council Members in attendance and being at a regularly scheduled or special meeting of the City Council.
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