(A) Permit. Upon satisfaction and completion of all requirements in this section, the City Manager or
designee shall issue a native vegetation permit. A native vegetation permit shall grant the property owner the ability to cultivate on his or her property and exempt the property owner from the requirements of § 98.38 of the City Code. Native vegetation permits shall be valid for five years from the date or approval. The City Manager shall not approve a native vegetation permit for property or property owners with unresolved City Code violations or administrative citations. The City Manager shall not approve a native vegetation permit for native vegetation designated as noxious by state statute or administrative rule as being noxious or detrimental plants.
(B) Application. The application for a native vegetation permit, which shall be provided by the City Manager or designee, shall contain the following:
(1) Address, legal description, and statement of intent or purpose in cultivating native vegetation.
(2) Site plan showing lot lines, buildings, and location of proposed native vegetation.
(3) Latin and common names of the species of native vegetation the property owner plans to cultivate.
(4) Maintenance requirements for said species.
(5) Name and address of a professional landscaping company which has been hired to perform maintenance on the native vegetation; or the name, address, and qualifications of the person(s) who will be responsible for maintenance of the native vegetation.
(6) A maintenance plan, which shall contain the following:
(a) Planting diagram showing the location and mature height of all specimens of native vegetation;
(b) Detailed information on the upkeep of each specimen; and
(c) Details of any long-term maintenance required for the native vegetation.
(C) Revocation. The City Manager or designee may regularly inspect any property having a native vegetation permit for compliance with the maintenance plan on file with the city for the property. If any property is not in compliance with the maintenance plan, the permittee may be notified and ordered to bring the property into compliance with the approved permit pursuant to §§ 98.40 and 98.41 of the City Code. If the permittee fails to comply, the City Manager or designee may:
(1) Revoke the native vegetation permit;
(2) Remove all improperly maintained native vegetation pursuant to § 98.42 of the City Code;
(3) Declare the property ineligible for a native vegetation permit, unless sold, for a period of two years; and
(4) Assess the property for all costs associated with inspection of the property and any removal of improperly maintained native vegetation in accordance with § 98.43 of the City Code.
(D) Penalty. The violation of any provision of this subchapter 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. Each day on which the violation continues is a separate offense.
(Am. Ord. 695, passed 7-20-2010)