Notice is hereby given to all property owners to destroy all noxious weeds, vines and brush.
CHAPTER 52
GRASS AND WEEDS
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52.01 Purpose
52.02 Rules for Removal 52.03 Definitions 52.04 Authority for Enforcement 52.05 Interference with Public Official |
52.06 Nuisances
52.07 Enforcement 52.08 Emergency Control Measures 52.09 Control of Weeds or Other Vegetation 52.10 Habitual Violators |
52.01 PURPOSE.
The purpose of this chapter is to provide for the removal of weeds, vines, brush, or other growth constituting a health, fire, or safety hazard within the City, to define the same as nuisances and to provide for their abatement in order to provide for the safety and preserve the health and welfare of the citizens of the City.
52.02 RULES FOR REMOVAL.
All weeds, vines, brush or other growth which constitute a health, safety or fire hazard shall be cut or destroyed by the property owners when and as needed (as determined by the Council or its authorized representative, if the property owner fails to do so), but in any event at least once by May 1 of each year and thereafter by no later than the first day of each succeeding month through and including October 1 of each year.
52.03 DEFINITIONS.
For purposes of this chapter the following terms are defined:
1. “Noxious weeds” means primary and secondary classes of weeds as defined by the Code of Iowa, and all additions to this list as so declared by the State Secretary of Agriculture.
2. “Parking” means that part of the street, avenue or highway in the City not covered by sidewalk and lying between the lot line and curb line; on unpaved streets, the parking is that part of the street, avenue, or highway lying between the lot lines and that portion of the street usually traveled by vehicular traffic.
3. “Right-of-way” means the entire width of a platted street or alley in use or undeveloped.
4. “Public official” means the person designated by the Mayor or City Administrator/Clerk to enforce this chapter.
5. “Weeds” means any plants growing uncultivated and out of context with the surrounding plant life when such plant has a seed head formed or forming and with a height of eight inches (8") or more, except as otherwise provided in this chapter.
52.04 AUTHORITY FOR ENFORCEMENT.
The Mayor or City Administrator/Clerk or any person designated by the Mayor or City Administrator/Clerk is responsible for the enforcement of this chapter and shall have all the necessary authority to carry out the enforcement of this chapter.
52.05 INTERFERENCE WITH PUBLIC OFFICIAL.
No persons shall interfere with the Mayor, City Administrator/Clerk or designee or any appointed assistant while engaged in the enforcement of this chapter.
52.06 NUISANCES.
Except as provided elsewhere in this chapter, the following provisions shall apply:
1. Each owner and each person in the possession or control of any land shall cut or otherwise destroy, in whatever manner prescribed by the Public Official, all noxious weeds, weeds, vines, brush, or other growth constituting a health, fire, or safety hazard thereon and shall keep said lands free of such growth.
2. Each owner and each person in possession or control of any property shall be responsible to keep said lot, including along with parking adjacent thereto, alleys, public ways, or areas up to the centerline of said ways free of any noxious weeds and to keep grasses and weeds on said lot mowed so that grass and weeds are less than eight inches in height. However, grass and weeds located on undeveloped and unplatted property located more than 100 feet from developed or platted property shall be mowed so that grass and weeds are less than 18 inches in height.
3. Each owner and each person in the possession or control of any lands shall not allow any plant growth of any sort to remain in such a manner as to render the streets, alleys, or public ways adjoining said land unsafe for public travel or in any manner so as to impede pedestrian or vehicular traffic upon any public place or way.
4. Where waterways or watercourses are found upon any developed or undeveloped lot, the owner or person in possession or control shall keep the flat or level part of the bank of said waterway free of any weeds and grasses more than 18 inches in height. Should such waterways or watercourses be found within the right-of-way of a street or alley, the adjacent property owner or person in possession or control shall be responsible to keep the flat or accessible portion of creek bank free of any weeds or grasses more than 18 inches in height.
5. No owner or person in possession or control of any developed or undeveloped lot shall allow plant growth or the accumulation of plant materials on such lot to remain in such a state so as to constitute a fire hazard. In no instance shall cut plant material accumulations be located within 150 feet of a building, structure, recreation area (not including the width of any intervening street) or within 125 feet of a street right-of-way.
52.07 ENFORCEMENT.
The Mayor, City Administrator/Clerk, or designee may inspect all areas alleged to be in violation and, in the case of a founded violation, notify the last known owner or person in possession (or control) of the area of violation of this chapter. Said notice shall be by certified mail and allow 72 hours after mailing said notice as a period of time to eliminate said violations. Return receipt with signature is not required for said notice. The Mayor, City Administrator/Clerk or designee shall charge an administrative fee in the amount of $25.00 for each founded violation. Upon failure of the owner or person in possession or control to act within the prescribed 72-hour time period, the City may perform the required action and assess costs against the property for collection in the same manner as a property tax. In the event such action is taken, the Mayor, City Administrator/Clerk, or designee may obtain competitive quotes to have the required action performed. If no quotes are obtained, the City may have the City personnel perform the required action at rates which shall be established by resolution of the Council from time to time, which rates shall constitute costs to be assessed against the property as provided herein. In
addition to the foregoing remedy and other remedies by law, the Mayor, City Administrator/Clerk, or designee may file misdemeanor charges against such individuals or municipal infractions.
52.08 EMERGENCY CONTROL MEASURES.
Notwithstanding any other provisions of this chapter, whenever in the judgment of the Mayor, City Administrator/Clerk, or designee an emergency exists creating a health, safety or fire hazard which may require weed or grass control without prior notice, control measures shall be taken and costs assessed against the property for collection in the same manner as property tax. However, prior to such assessment, the City shall give the property owner notice by certified mail and an opportunity for a hearing before the Council.
52.09 CONTROL OF WEEDS OR OTHER VEGETATION.
The City Administrator/Clerk shall annually on or before May 1 through August 1 of each year publish a Notice to Property Owners generally setting forth the duty to control weeds and other vegetation which might be a nuisance in violation of this Code of Ordinances. The Mayor, City Administrator/Clerk or designee may cause a Notice to Abate Nuisance to be served upon any property owner who fails to comply with the published notice or any person who at any other time has weeds or other vegetation in violation of this Code of Ordinances and shall submit the cost to the Council for assessment as provided
in Section 364.12 of the Code of Iowa. In the event of an emergency as set forth in Section 364.12 of the Code of Iowa, the notice requirement may be dispensed with. In abating a nuisance under this Code of Ordinances, the Mayor, City Administrator/Clerk, or designee are hereby authorized and directed to employ such persons and rent any and all equipment necessary for the abatement of the nuisance and the costs thereof shall be assessed.
52.10 HABITUAL VIOLATORS.
If the owner or person in control of any land has previously received a notice to abate nuisance relating to weeds within the preceding 24 months, then the notice to abate nuisance may include notice that such owner or person in control of said property will be considered to be an habitual violator of this chapter and that if the nuisance is not abated within the allowed time, the City will consider the property to be subject to having a contract let by the City for mowing property as needed up to a weekly basis for the next following 24-month period of time and that the full cost of said contract together with an
administrative fee of $250.00 will be assessed against the property.
The purpose of this chapter is to provide for the removal of weeds, vines, brush, or other growth constituting a health, fire, or safety hazard within the City, to define the same as nuisances and to provide for their abatement in order to provide for the safety and preserve the health and welfare of the citizens of the City.
52.02 RULES FOR REMOVAL.
All weeds, vines, brush or other growth which constitute a health, safety or fire hazard shall be cut or destroyed by the property owners when and as needed (as determined by the Council or its authorized representative, if the property owner fails to do so), but in any event at least once by May 1 of each year and thereafter by no later than the first day of each succeeding month through and including October 1 of each year.
52.03 DEFINITIONS.
For purposes of this chapter the following terms are defined:
1. “Noxious weeds” means primary and secondary classes of weeds as defined by the Code of Iowa, and all additions to this list as so declared by the State Secretary of Agriculture.
2. “Parking” means that part of the street, avenue or highway in the City not covered by sidewalk and lying between the lot line and curb line; on unpaved streets, the parking is that part of the street, avenue, or highway lying between the lot lines and that portion of the street usually traveled by vehicular traffic.
3. “Right-of-way” means the entire width of a platted street or alley in use or undeveloped.
4. “Public official” means the person designated by the Mayor or City Administrator/Clerk to enforce this chapter.
5. “Weeds” means any plants growing uncultivated and out of context with the surrounding plant life when such plant has a seed head formed or forming and with a height of eight inches (8") or more, except as otherwise provided in this chapter.
52.04 AUTHORITY FOR ENFORCEMENT.
The Mayor or City Administrator/Clerk or any person designated by the Mayor or City Administrator/Clerk is responsible for the enforcement of this chapter and shall have all the necessary authority to carry out the enforcement of this chapter.
52.05 INTERFERENCE WITH PUBLIC OFFICIAL.
No persons shall interfere with the Mayor, City Administrator/Clerk or designee or any appointed assistant while engaged in the enforcement of this chapter.
52.06 NUISANCES.
Except as provided elsewhere in this chapter, the following provisions shall apply:
1. Each owner and each person in the possession or control of any land shall cut or otherwise destroy, in whatever manner prescribed by the Public Official, all noxious weeds, weeds, vines, brush, or other growth constituting a health, fire, or safety hazard thereon and shall keep said lands free of such growth.
2. Each owner and each person in possession or control of any property shall be responsible to keep said lot, including along with parking adjacent thereto, alleys, public ways, or areas up to the centerline of said ways free of any noxious weeds and to keep grasses and weeds on said lot mowed so that grass and weeds are less than eight inches in height. However, grass and weeds located on undeveloped and unplatted property located more than 100 feet from developed or platted property shall be mowed so that grass and weeds are less than 18 inches in height.
3. Each owner and each person in the possession or control of any lands shall not allow any plant growth of any sort to remain in such a manner as to render the streets, alleys, or public ways adjoining said land unsafe for public travel or in any manner so as to impede pedestrian or vehicular traffic upon any public place or way.
4. Where waterways or watercourses are found upon any developed or undeveloped lot, the owner or person in possession or control shall keep the flat or level part of the bank of said waterway free of any weeds and grasses more than 18 inches in height. Should such waterways or watercourses be found within the right-of-way of a street or alley, the adjacent property owner or person in possession or control shall be responsible to keep the flat or accessible portion of creek bank free of any weeds or grasses more than 18 inches in height.
5. No owner or person in possession or control of any developed or undeveloped lot shall allow plant growth or the accumulation of plant materials on such lot to remain in such a state so as to constitute a fire hazard. In no instance shall cut plant material accumulations be located within 150 feet of a building, structure, recreation area (not including the width of any intervening street) or within 125 feet of a street right-of-way.
52.07 ENFORCEMENT.
The Mayor, City Administrator/Clerk, or designee may inspect all areas alleged to be in violation and, in the case of a founded violation, notify the last known owner or person in possession (or control) of the area of violation of this chapter. Said notice shall be by certified mail and allow 72 hours after mailing said notice as a period of time to eliminate said violations. Return receipt with signature is not required for said notice. The Mayor, City Administrator/Clerk or designee shall charge an administrative fee in the amount of $25.00 for each founded violation. Upon failure of the owner or person in possession or control to act within the prescribed 72-hour time period, the City may perform the required action and assess costs against the property for collection in the same manner as a property tax. In the event such action is taken, the Mayor, City Administrator/Clerk, or designee may obtain competitive quotes to have the required action performed. If no quotes are obtained, the City may have the City personnel perform the required action at rates which shall be established by resolution of the Council from time to time, which rates shall constitute costs to be assessed against the property as provided herein. In
addition to the foregoing remedy and other remedies by law, the Mayor, City Administrator/Clerk, or designee may file misdemeanor charges against such individuals or municipal infractions.
52.08 EMERGENCY CONTROL MEASURES.
Notwithstanding any other provisions of this chapter, whenever in the judgment of the Mayor, City Administrator/Clerk, or designee an emergency exists creating a health, safety or fire hazard which may require weed or grass control without prior notice, control measures shall be taken and costs assessed against the property for collection in the same manner as property tax. However, prior to such assessment, the City shall give the property owner notice by certified mail and an opportunity for a hearing before the Council.
52.09 CONTROL OF WEEDS OR OTHER VEGETATION.
The City Administrator/Clerk shall annually on or before May 1 through August 1 of each year publish a Notice to Property Owners generally setting forth the duty to control weeds and other vegetation which might be a nuisance in violation of this Code of Ordinances. The Mayor, City Administrator/Clerk or designee may cause a Notice to Abate Nuisance to be served upon any property owner who fails to comply with the published notice or any person who at any other time has weeds or other vegetation in violation of this Code of Ordinances and shall submit the cost to the Council for assessment as provided
in Section 364.12 of the Code of Iowa. In the event of an emergency as set forth in Section 364.12 of the Code of Iowa, the notice requirement may be dispensed with. In abating a nuisance under this Code of Ordinances, the Mayor, City Administrator/Clerk, or designee are hereby authorized and directed to employ such persons and rent any and all equipment necessary for the abatement of the nuisance and the costs thereof shall be assessed.
52.10 HABITUAL VIOLATORS.
If the owner or person in control of any land has previously received a notice to abate nuisance relating to weeds within the preceding 24 months, then the notice to abate nuisance may include notice that such owner or person in control of said property will be considered to be an habitual violator of this chapter and that if the nuisance is not abated within the allowed time, the City will consider the property to be subject to having a contract let by the City for mowing property as needed up to a weekly basis for the next following 24-month period of time and that the full cost of said contract together with an
administrative fee of $250.00 will be assessed against the property.
