(A) For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DESTRUCTION ORDER. The notice served by the City Council or designated City official, in cases of appeal, on the property owner of the ordinance violation that shall conform to Minn. Stat. § 18.83, Subd. 2.
MEADOW VEGETATION. Grasses and flowering broad-leaf plants that are native to, or adapted to, the state of Minnesota, and that are commonly found in meadow and prairie plant communities, except weeds as defined herein.
PROPERTY OWNER. The person occupying the property, the holder of legal title or a person having control over the property of another, such as a right-of-way, easement, license or lease.
WEEDS, GRASSES and RANK VEGETATION. Includes but is not limited to the following:
(1) Noxious weeds and rank vegetation shall include but not be limited to: alum (allium), Buckthorn, Bur Cucumber, Canada Thistle, Corncockle, Cressleaf Groundsel, Curly Dock, Dodder, Field Bindweed, French Weed, Hairy Whitetop, Hedge Bindweed, Hoary Cress, Horsenettle, Johnsongrass, Leafy Spurge, Mile-A-Minute Weed, Musk Thistle, Oxeye Daisy, Perennial Sowthistle, Poison Hemlock, Purple Loosestrife, Quackgrass, Russian Knapweed, Russian Thistle, Serrated Tussock, Shatter Cane, Sorghum, Wild Carrot, Wild Garlic, Wild Mustard, Wild Onion, Wild Parsnip;
(2) Bushes of the species of tall, common, or European barberry, further known as Berberis vulgaris or its horticultural varieties;
(3) Any weeds, grass, or plants, other than trees, bushes, flowers, or other ornamental plants, growing to a height exceeding eight inches;
(4) Rank vegetation includes the uncontrolled, uncultivated growth of annuals and perennial plants;
(5) The term WEEDS does not include shrubs, trees, cultivated plants or crops.
(6) Any other weed designated by Minn. Stat. § 18.77, Subd. 8 as noxious.
(B) In no event shall cultivated plants or crops include plants which have been defined by state statute or administrative rule as being noxious or detrimental plants.
(C) Owners Responsible for Trimming, Removal
(1) 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.
(D) These provisions shall not apply to an area established with meadow vegetation if:
(1) The prior vegetation is eliminated, and the meadow vegetation is planted through transplanting or seed by human or mechanical means; and
(2) A sign is posted on the property in a location likely to be seen by the public, advising that a meadow or prairie is being established. This sign must be no smaller than ten inches square, no larger than one square foot, and no higher than three feet tall.
(E) Notice of Violations.
(1) Upon receiving notice of the probable existence of weeds in violation of this subchapter, a person designated by the City Council shall make an inspection and prepare a written report to the City Council regarding the condition. The designated representative shall forward written notification in the form of a “Destruction Order” to the property owner or the person occupying the property as that information is contained within the records of the City Clerk. The notice shall be served in writing by regular mail or posted at the property. The notice shall provide that within three days after the receipt of the notice that the designated violation shall be removed by the property owner or person occupying the property.
(2) All notices are to be in writing and filed with the City Clerk.
(F) Appeals.
(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 finding of the City Council. It is the property owner’s responsibility to demonstrate that the matter in question is shrubs, trees, cultivated plants or crops or is not otherwise in violation of this subchapter, and should not be subject to destruction under the subchapter.
(2) An appeal by the property owner shall be brought before the City Council.
(G) Abatement and Assessment by the City. In the event that the property owner shall fail to comply with the “Destruction Order” within three days and has not filed a notice within 48 hours to the City Clerk of an intent to appeal, the City Council may employ the services of City employees or outside contractors and remove the weeds to conform to this subchapter by all lawful means. No person shall enter the property to abate the nuisance, except with the permission of the owner, resident or other person in control of the property or has obtained a warrant issued by a court of competent jurisdiction. All costs for the abatement are the responsibility of the property owner and if not paid within 30 days after receipt of an invoice, all costs shall be assessed against the property pursuant to Minn. Stat. § 429.101.