Subd. 1. Unlawful Act. It is unlawful for any owner, as shown by the records in the office of the County Auditor, or the taxpayer of record as shown by the records of the County Treasurer, of private or public premises, to maintain any weeds or grass growing thereon at a height of more than six inches or to permit such shrubbery or other vegetation to be overgrown.
Subd. 2. Notice and Abatement.
A. If any such owner or tenant fails to assume the primary responsibility described in Subd. 1. of this section, the city may send notice by mail advising the owner or tenant that compliance with Subd. 1. is required within 48 hours of receipt of the notice. The notice shall at a minimum advise the owner or tenant of the particular maintenance obligation not being performed, the time period in which the owner or tenant must perform the necessary maintenance, and that the failure to do so could result in the city causing the maintenance to be done with the expenses associated therewith becoming a lien upon the property. If the owner or tenant fails to do so within the 48-hour period the city may cause the work to be done upon expiration of the appropriate time period and the expenses thus incurred shall be a lien upon the real estate. The City Administrator shall certify to the County Auditor a statement of the amount of the cost incurred by the city. The amount, together with interest, shall be entered as a special assessment against the lot or parcel of land and be collected in the same manner as real estate taxes. If the owner of the property is unknown, the owner and owner's address is deemed to be that of the property's taxpayer's name and address as that information is maintained by the County Auditor's address.
B. In the event that the city does remove the weeds or grass because of the failure of the owner or tenant to do so, the city shall notify the owner or tenant that the city shall not give any further additional notices to the owner or tenant, but may thereafter remove the weeds or grass after they have grown to a height in excess of six inches or may remove without further notice and charge the owner or tenant back for the removal.
Subd. 3. Exception. Land that is enrolled in a conservation reserve program under 7 C.F.R. § 1410, as those regulations may be amended from time to time, or M.S. § 103F.515, as it may be amended from time to time, land that is subject to a conservation easement created pursuant to M.S. Ch. 84C, as it may be amended from time to time, or property that is zoned "A-O," Agricultural-Open Space, shall be exempt from the weed and grass height restrictions or Subd. 1. However, a person owning or occupying any such land shall control or eradicate all noxious weeds on the land at a time and in a manner prescribed by applicable noxious weed control laws.
(Ord. 54, Fourth Series, passed 12-6-2016)