(A) The following are declared a nuisance to the environment and a threat to the character of the community:
(1) In all zoning districts, the owner of all land shall be responsible for keeping land free of noxious and virulent weeds;
(2) Brush and yard waste as provided in this section:
(3) Any high grass as defined in § 92.02;
(4) Improperly stored firewood as provided in this section; and
(5) Infected firewood as defined in § 92.02.
(B) Regulation of weeds, brush, and firewood.
(1) Weeds and high grass. All weeds or growing grass upon any lot or parcel of land in the city to a height greater than 7 inches, or which have gone or are about to go to seed, are hereby declared to be a nuisance and a detriment to the good order of the city with the following exceptions:
(a) Native prairie and long grass areas shown on a city approved landscape plan:
(b) Native prairie and long grass within a defined landscape area on a single or 2-family residential parcel, provided that such defined landscape area:
(c) Natural wooded areas;
(d) Wetlands, ponds or rain gardens;
(e) City approved lakescaping areas; and
(f) Areas where mowing is prohibited by easement or law.
(2) Brush. All brush piles not properly stored in a closed container upon any lot of parcel or land in the city are hereby declared to be a vermin harborage and attractive nuisance and dangerous to the health, safety and good order of the city with the following exceptions:
(a) Brush piles located near the street or other specific area for pickup or collection for a period of time of less than 1 week;
(b) Brush accumulations from a large storm event where it is not reasonable that brush be collected in a week less; and
(c) Brush that has fallen in natural wooded or wetland areas or yards.
(3) Firewood. All infected firewood located anywhere within the city and all firewood kept or stored upon any lot or parcel of land in the city are hereby declared to impair the safety, good order, and general welfare of the public and are a nuisance, unless stored or kept in accordance with the following conditions and standards:
(a) No wood shall be stored within the required front yard of the property, or between the street and front of a structure on the lot if at a lesser distance.
(b) On a corner lot, both street sides shall be treated as the front, unless a solid privacy fence is located along the front exterior side yard of the property.
(c) All wood shall be stored in neat, safe and secure stacks and shall not be left in a dumped pile anywhere on the property.
(d) No lot or parcel shall contain more than 12 cords of wood.
(e) These storage of wood requirements shall not apply to land zoned AG-1 Agricultural, I-1 Light Industrial or I-2 Heavy Industrial.
(C) Notice.
(1) When the owner or occupant or both permit a nuisance to exist in violation of this § 92.05, the inspecting officer of the Park Rapids Police Department shall serve a notice on the owner, occupant or agent of the owner of such lot or parcel of land ordering such person to have such brush, yard waste, firewood, weeds or high grass cut/mowed and/or removed, within 10 calendar days after the service of such notice; such notice shall also state that in the event of noncompliance, cutting, mowing and/or removal will be done by the city at the owner's expense, and that if such costs of abatement are not paid when invoiced, the same shall be assessed against the property. The notice shall also inform the owner of the owner's right to appeal the determination of the inspecting officer of the Park Rapids Police Department to the City Administrator. Such appeal must be in writing and filed with the City Administrator within the 10-day notice period, Failure to timely file an appeal with the City Administrator shall be deemed a waiver of the right to appeal.
(2) Such notice shall be deemed to be properly served if a copy thereof is;
(a) Delivered personally;
(b) Sent by first-class mail addressed to the person who is listed by the County Auditor as the owner of taxpayer of record. If the taxpayer's address is different than the address where the violation exists, then the notice shall also be mailed to the property address where the violation exists; or
(c) If the notice is returned showing that the letter was not delivered or the property is known to be vacant, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice.
(D) Assessment.
(1) If any person fails to comply with the notice provided in this § 92.05 within 10 calendar days after service, or if no owner, occupant, or agent can be found, the city's designated representative, shall have such brush, yard waste, firewood, high grass or weeds cut/mowed and/or removed or otherwise eradicated by city personnel or the city's contracted agent. A record showing the cost of such work attributed to each separate lot or parcel shall be delivered to the city. The city shall thereafter invoice the property owner for such abatement cost, which shall be paid by the property owner within 30 days of the date of the city invoice. Pursuant to M.S. § 429.101, and following notice and hearing in accordance with M.S. § 429.061, on or before October 15 of each year, the amount so charged, but unpaid, including the administrative and assessment charges due under divisions (b) and (c) below, together with interest thereon at the maximum lawful rate permitted under M.S. Ch. 429, as it may be amended from time to time, against said lot or parcel of land, together with a description of the property and the name of the supposed owner, shall be certified to the County Auditor and shall be collected in the same manner as property taxes or special assessments against said property. The charge shall be a perpetual lien on the property until paid.
(2) An abatement administrative charge under § 36.13 shall be due upon the mailing of the city invoice to the property owner for the work performed by the city in addition to the cost of the work performed.
(3) An assessment charge under § 36.13 shall be due upon the mailing of the notice of proposed assessment of the property owner.
(E) Penalty. Failure or neglect to cut/mow and remove or otherwise eradicate weeds or high grass or remove yard waste, brush or firewood as directed in this § 92.05, failure, neglect or refusal to comply with any provision of nay notice provided herein, violation of any provision of this § 92.05, or resisting or obstructing the inspecting officer, or designated employees and contractors or agents in the cutting/mowing and removal, or eradication of weeds or high grass, or removal of yard waste, brush or firewood shall be a misdemeanor. Each day on which such violation continues shall constitute a separate offense.
(Prior Code, § 19-29) (Ord. 359, passed 12-11-2001; Am. Ord. 575, passed 7-25-2017; Am. Ord. 604, passed 7-14-2020) Penalty, see §
92.99