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HomeMy WebLinkAbout5.A.1. Amending City Code Regarding Grass and Weeds on Private Property-Ord. No. 806 S:fI. J. CITY OF SHAKOPEE MEMORANDUM COf~Sff~T To: Mayor and City Council Mark McNeill, City Administrator From: Ryan Hughes, Natural Resources Coordinator On Behalf of the Environmental Advisory Committee Subject: Grass and Weeds on Private Property Text Amendment Meeting Date: September 2, 2008 INTRODUCTION: This agenda item seeks review and approval of Ordinance No. 806, Fourth Series, An Ordinance of the City of Shako pee, Minnesota, Amending City Code Section 10.73, Relating to Grass and Weeds on Private Property. BACKGROUND: The Natural Resources Plan Tactics Section includes revising the Grass and Weeds on Private Property Ordinance to allow areas to be planted with native grasses and/or forbs such as prairie plantings and rain gardens. The Environmental Advisory Committee unanimously approved the text amendment as revised at the meeting on August 13,2008. DISCUSSION: The current City ordinance related to grass and weeds on private property does not allow areas to be planted with native grasses and/or forbs (see Attachment A). The ordinance has not been updated since it was originally adopted in 1978. The cities of Eden Prairie, Minnetonka, Bumsville and Chanhassen city codes contained ordinances (See Attachment B) related to grass and weeds on private property. Based on the comments received at various Development Review Committee meetings staff utilized the Eden Prairie ordinance to revise the City of Shakopee's ordinance. The amended ordinance, referred to as the Maintenance of Vegetation (see Attachment C) ordinance was approved by the Police Department, the department responsible for enforcement of the ordinance. VISIONING RELATIONSHIOP: The agenda item appears to meet the following aspects of the City's vision: Goal: High Quality of Life Strategies: Protect the Environment Page I of2 ALTERNATIVES: I. Approve Ordinance No. 806 relating to Grass and Weeds on Private Property as presented. 2. Approve Ordinance No. 806 relating to Grass and Weeds on Private Property with reVISIons. 3. Table the matter for additional information. REQUESTED ACTION: If Council concurs, offer Ordinance No. 806, Fourth Series, An Ordinance ofthe City of Shakopee, Minnesota, Amending City Code Section 10.73, Relating to Grass and Weeds on Private Property, and move its adoption. Page 2 of2 , A, . .. SEC. 10.73. GRASS AND WEEDS ON PRIVATE PRQPERTY. Subd. 1. Over Four (4) Inches. It is unlawful for any owner, occupant or agent of any lot or parcel of land in the City to allow any weeds or grass growing upon any such lot or parcel of land to grow to a greater height than four (4) inches or to allow such weeds or grass to go to seed. Subd. 2. City Mav Cut. If any such owner, occupant or agent fails to comply with this height limitation and after notice given by the City Administrator, has not within seven (7) days of such notice complied, the City shall cause such weeds or grass to be cut and the expenses thus incurred shall be a lien upon such real estate. The City Administrator shall certify to the County Auditor of Scott County, a statement of the amount of the cost incurred by the City. Such amount together with interest shall be entered as a special assessment against such lot or parcel of land and be collected in the same manner as real estate taxes. (Ord. 1, April 1, 1978) < .,. " ~ Y~rlf..., 15, concentrate in a manner approved by the City Manager. Upon failure to comply with such an order, the City may proceed forthwith to take appropriate action. Spraying activities authorized by this Subdivision shall be conducted in accordance with technical and expert methods and plans of the Commissioner of Agriculture, with the approval of appropriate City officials, and under the supervision of the Commissioner and his agents whenever possible. Notice shall be given as provided in Subdivision 6, Subparagraph E. Source: Ordinance No. 11-85 Effective Date: 9-26-85 Subd. 9. Transporting Certain Types of Wood Prohibited. It is unlawful for any person to transport within the City any bark-bearing elm wood or wood infested by disease or insects without having obtained a permit from the City Manager, who shall grant such permits when the pwposes of this Section will be satisfied. Subd. 10. Reporting Discovery. of Tree Disease. Any owner or occupier of land or any person engaged in tree trimming or removal who becomes aware of the existence of a tree disease as defined in Subdivision 2 shall report the same to the City. Subd. 11. Interference Prohibited. City personnel may enter upon private premises at any reasonable time to carry out the purposes of this Section. It is unlawful for any person to prevent, delay or interfere with City personnel while they are engaged in the performance of duties imposed by this Section. Source: City Code Effective Date: 9-17-82 SECTION 9.71. MAINTENANCE OF VEGETATION. Subd. 1. For the pwposes of this section, the following terms shall have the following meanings: A. "Garden" means a cultivated area dedicated to growing vegetables, fruits, flowers, ornamental grasses, groundcovers, shrubs and similar plants that were planted in a well defmed location. B. "Native plants" are those grasses (including prairie grasses), sedges (solid, triangular-stemmed plants resembling grasses), forbs (flowering broadleafplants), trees and shrubs that are plant species native to or naturalized to the state.ofMinnesota, excluding prohibited exotic species, as defmed by Minnesota Statues Chapter 84D. Native plants do not include weeds. D. "Native Plant Landscape Area" means an area where native plants are being or have been planted in a designated area. A Native Plant Landscape Area does not include gardens. E. "Natural Area" means a natural area is an area that was pwposely left to grow in a natural state and can maintain itself in a stable condition without human intervention and contains trees, shrubs, and native plants, excluding weeds and turfgrass areas that contain more than 50% turfgrass. F. "Ornamental Grasses" means grasses that are not indigenous to the state of Minnesota that are intended to add beauty to a garden. Ornamental grasses do not include turfgrasses or weeds. G. "Turf grass" means commercially available cultured turfgrass varieties, including bluegrass, fescue and ryegrass blends, commonly used in regularly cut lawn areas. H. "Weeds" are (i) noxious weeds as defined and designated pursuant to the "Minnesota noxious weed law", Minnesota Statutes, Sections 18.76-18.88, as amended from time to time, or (ii) any volunteer plants, such as but not limited to garlic mustard (Alliaria petiolata), spotted knapweed {Centaurea maculosa}, or burdock (Arctium minus). For the purposes of this definition, weeds do not include dandelions or clover. The City Weed Inspector shall maintain a current list of volunteer plants that are prohibited. 9-56 '1' . " . . .' Subd. 2. An owner or occupant of any lot or parcel ofland in the City, other than land in the rural district, or agent of any such owner or occupant, shall not allow any herbaceous vegetation growing upon such lot or parcel of land or growing upon City right-of-way which abuts the lot or parcel afland, including the area between any sidewalk or trail and the curb of the street to grow to a height greater than ten (10) inchesor to allow such vegetation to go to seed. Subd.3. The provisions of Subd., 2 shall not apply on private property: A. To vegetation that is located: 1. On slopes equal to or steeper than three feet horizontal to one foot vertical (3: I); 2. In Natural Areas; 3. Within fifty feet ofa Natural Area; 4. In a scenic or conservation easement; 5. In a garden; 6. In City park lands; 7. In a floodplain area designated on the official zoning map; or 8. Within a drainage pond or ditch which stores or conveys stormwater. B. To Native Plant Landscape Areas provided that: 1. They are set back not less than twenty feet from the front lot line. For the purposes of this ordinance, corner lots shall be deemed to have two front yards; 2. They are set back not less than five feet from the side andlor rear lot lines to provide a transition zo~e. No set back is required on the side or rear lot lines if(!) there is a fully opaque fence at least five feet in height installed between the native plants and the side or rear lot lines or (2) the native plants abut a neighboring Native Plant Landscape, Ar~a; 3. The Native Plant Landscape Area is cut at least once annually between April IS and July 15 to a height no greater than ten (10) inches; 4. Turfgrass is eliminated and the native plants, trees and shrubs are planted through transplanting or seed by human or mechanical means. Soil erosion should be controlled while the ground is bare of plant growth that is sufficient to inhibit erosion and is the sole responsibility of the owner or occupant; 5. Written authorization from the City Manager or his/her designee is obtained for work within conservation or scenic easement areas, including planting, mowing or cutting. Subd. 4. The setback area required by Subd. 3 of this Section shall be composed of regularly mowed turfgrass, garden beds, trees, shrubs, mulch, wood chips; rock and/or gravel. 9.57 '. f A ~.- .. Subd. 5. The Native Plant Landscape Area, Garden or Natural Area shall not obscure, block or impede visual sight lines; regulatory, warning or street identification signs; or street light illumination required to ensure the safe. and efficient circulation of vehicles and pedestrians on streets, intersections, trail, pathways and sidewalks. Subd. 6. The City may require the owner or occupant who has planted, or has allowed to be planted, native plants or other vegetation within a drainage or utility easement or a right-of-way of a City street to remove the native plants or other vegetation from the right-of-way or drainage and utility easement at no expense to the City. The City will not be responsible for damage to turfgrass andlor any landscaped areas resulting from public works improvements or snow removal activities within rights-of-ways or drainage and utility easements. Subd. 7. Notice and Assessment. A. Notice. Once a failure to comply with the height, set back, maintenance, weed, and annual cutting requirements as required by this Section is identified, notice of such failure shall be given by the City to the affected property owner. The notice shall state and describe the property affected; allow seven (7) days for the property owner to cause such. vegetation to be cut, removed andlor treated for weeds; that if such vegetation is not cut, removed andlor treated for weeds within the stated time the City will cause such vegetation to be cut, removed and/or treated for weeds; that all cost thereof will be billed to the property owner payable within thirty (30) days; and that ifpayment is not received within thirty (30) days, the costs will be assessed against the property from which such vegetation has been removed pursuant to and in accordance with Minnesota Statutes S429.101 or any similar provision hereafter enacted. The notice shall be served in the same manner as the notice set forth in Section 9.70, Subdivision 6.E. B. Assessment. In all cases in which vegetation is cut, removed andlor treated for weeds or caused to be by the City, the costs, ifnot paid by the owner as provided herein, shall be assessed against the property from which such vegetation is cut, removed andlor treated for weeds pursuant to and in accordance with Minnesota Statutes Section 429.101 or any similar provision hereafter enacted. Such assessments shall be paid with interest, in installments, and within a period not to exceed one (l) year form the date of assessment. The City will not be responsible for damage to turfgrass andlor any landscaped areas resulting from enforcement of this ordinance. Source: Ordinance No. 29-2002 Effective Date: 11-21-02 SECTION 9.72. EMERGENCY SECURING OF BUILDINGS. Subd. 1. 'Secure' may include, but is not limited to, installing locks, repairing windows and doors, boarding windows and doors, posting 'no-trespassing signs', installing exterior lighting or motion-detecting lights, fencing the property, fustalling a monitored alarm or other security system. Subd. 2. Upon a determination by the City's building official that a building presents an immediate danger to the health and safety of persons in the City such that the emergency securing of the building is appropriate to eliminate or reduce the immediate danger the City may secure the building as authorized by Minnesota Statutes, 1994, Section 463,251, Subd. 4 and this Section. Source: Ordinance No. 32-96 Effective Date: 8-30-96 (Sections 9.73 through 9.98, inclusive, reserved for future expansion.) 9-58 " , . f f1!l rMtL./.onht 845.030. Special Provisions - Lawn Maintenance. 1. Preamble. The city council finds that there are a variety of landscapes in the city that add diversity and a richness to the quality of life. Certain areas in the city have been left, or allowed to go, unmaintained. These ~ave been accepted by the vast majority of the city residents as appropriate and as part ofthe unique quality oflife in this community. There are community expectations, however, that once an area has been disturbed, landscaped, or otherwise maintained, that area will continue to be maintained in a consistent manner. When vegetation in that area is not continually maintained, it becomes aesthetically unpleasing and violates community standards. Property that appears neglected may decrease the value of adjacent properties. In addition, if vegetation is not properly maintained, there may be the following adverse impacts on public health, safety, and welfare: a. undesirable vegetation such as common buckthorn, quackgrass,and other 11m may invade and threaten to supplant other more desirable vegetation; b. vegetation that causes allergic reactions, such as ragweed, may develop; and c. tall vegetation along driveways and public roads may impair visibility when entering or exiting public roads. The city council also finds that it is in the public interest to allow citizens to choose the type of landscaping on their properties and to make changes in that vegetation. As a protection for the larger community, however, this change in vegetation must be properly managed and maintained and the length of the transition period must be minimized. The council finds that the establishment of prairie and meadow plant communities is an .able landscape treatment in the city. This requires special consideration, however, because - .. will grow during the first few years of transition before the new vegetation predominates and will appear like neglect. Therefore, the council finds that this type of vegetation is acceptable if it is properly maintained to shorten the transition period and if notice is given of the intended result. In contrast, the transition to trees and other woody species does not require special consideration because untended !!II or l1li are not a necessary part ofthat transition period. Rather, the transition period is shortened by eliminating competition around the seedlings through such techniques as organic mulch. The city council enacts this ordinance to balance the public interest in a variety of vegetation with the public need to ensure proper maintenance of that vegetation. The council finds that establishing a height limitation for certain vegetation is in the best interest of the public health, safety, and welfare as outlined above and is a reasonable maintenance standard. 2; Definitions. For purposes of this section the following words have the meanings specified below. ~. 11.. ,t a. "Meadow vegetation" is 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 .. b. ''Noxious II1II" are those plants so designated by the state of Minnesota under Minn. Stat. S 18.171, subd. 5. c. "Regularly cut" means mowing or otherwise cutting the vegetation so that it does not exceed 10 inches in height. d. "Turf .s" are grasses commonly used in regularly cut lawn areas, such as bluegrass, fescue and rye blends, and non-woody vegetation interspersed with them. e. "~t' include all noxious _, buffa1obur, burdock, common cocklebur, crabgrass, dandelions, jimsonweed, quackgrass, common and giant ragweed, field sandbur, velvetleaf, and wild sunflower. II1II also include anything that is horticulturally out of place. For example, a tree seedling is a weed in a vegetable garden. A property owner may establish that a plant or plants are not horticulturally out of place by providing a written landscape plan for the area in question, complete with a listing and locations of plant species~ The plants specifically listed above m& be included within the landscape plan. Vegetation that does not comply with this plan are -- . 3. Maintenance standard. The maintenance standard in this section applies to property that has been developed with a building as defined in the b:uilding code, including vacant property combined with developed property for tax purposes, and a parcel of property that has been completely or partially disturbed by demolition, grading or other means in preparation for development or redevelopment. a. All turf grasses and II1II must not exceed a height of 10 inches, measured from the . base at ground level to the tip of each stalk, stem, blade, or leaf. ,.~ ~> b. This requirement does not apply to the following: (1) a wetland or floodplain designated in the zoning ordinance and required wetland buffers or those voluntarily created by a private land. owner when compatible with the character of the neighborhood and the intent of the wetland ordinance, Section 300.23; (2) a drainage pond or ditch that stores or conveys stormwater; (3) a pasture that is (a) currently being used only for the exercise or feeding of domestic hoofed animals, (b) physically surrounded by a permanent fence that separates the pasture from property used for other purposes, (c) at least one-half acre in size, and (d) undeveloped with any habitable buildings; (4) an area in which the land and vegetation appears not to have been graded, landscaped, mowed, or otherwise disturbed by human or mechanical means at any time. . . . - .. -" Determination of what constitutes this type of area will be based on a reasonable judgment of the present appearance ofthe area. The recent history of the area may he relevant to this determination; and (5) an area established with meadow vegetation if: (a) the prior vegetation is eliminated and the meadow vegetation is planted through transplanting or seed by human or mechanical means; (b) the area is cut at least once per year to a height of no more than 10 inches, if _ cover-more than 25 percent ofthe area; and (c) 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 is required only if the meadow vegetation is in an area likely to be seen by the public. This sign must be in addition to any sign permitted by the sign ordinance but must be no smaller than ten inches square, no I.han one square foot, and no higher than three feet tall. The sign is no longer required when - - cover 25 percent or less of the area. 4. Declaration of public nuisance. .The following are public nuisances subject to abatement under this chapter: a. noxious _; b. vegetation that does not meet the maintenance standard specified in paragraph 3 above; and c. vegetation that violates the sight-distance standards in section 300.15, subd. 9(e) and section 300.28, subd. 20 ofthis code. (Amended byOrd. #99-28, adopted November 8, 1999) n 7-1-9: WEEDS DEFINED: SlMVl'5 vi lIe.- "Weeds" shall be construed to mean and include all noxious weeds as defined by the statutes of the State of Minnesota and all such useless and troublesome plants as are commonly known as weeds to the general public. (Ord. 370, 5-21-90) 7-1-10: NOXIOUS WEEDS: Because the growth of noxious weeds and other harmful vegetation is subject to needless abuse, creating a detriment to the public, in the City, the growth of such vegetation is hereby declared to be a nuisance. (Ord. 370, 5-21-90) 7-1-11: GROWING GRASS: Weeds or grasses growingtoa height greater than eight inches (S") upon any lot or parcel of land within the City are a detriment to the public, health, comfort, safety and convenience of the residents, create a general aesthetic depreciation of the neighborhood, and may be declared by the Weed Inspector, or his assistants, to bea nuisance as set out in Section 7-1-12. (Ord. 370, 5-21-90) 7-1-12: NUISANCE DEFINED: In determining whether weeds or growing grasses constitute a nuisance, the Weed Inspectof,or his assistants, shall consider and must find the existence of one or more of the following: (A) The growing grass is located within three hundred fifty feet (350') of any structure on a developed lot. An exception to this definition of a nuisance will be allowed if o':le or more of the following conditions are met: 1. That the growing grass is on a public land which is left in a natural state as a prairie, wetland, wooded area or meadow. 2. That the growing grass is on private la'nd that is either zoned R-1ARural Residential District or identified as a natural area in an approved planned unit development. 3. That the growing grass is within ten feet (10') of a body of water, including$treams, rivers, ponds and lakes. 4. That the growing grass is within a natural woodland preserved during development or in a reforested woodland related to meeting the requirements of the City's Woodland Overlay Ordinance. (B) The growing grass is located within a sight triangle as defined by City Code Section 10-7-6. (C) The weeds are noxious weeds as defined by Minnesota State Statutes. (Ord. 473, 1-19-93) '. 7-1-13: PERMITTING A NUISANCE: (A) Notice: When the owner and/or occupant permit a nuisance to exist in violation of Section 7-1-12, the Weed Inspector, or his assistants, may 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 weeds or grass cut and removed or otherwise eradicated or removed within ten (10) days after the service of such notice. Such notice shall also state that in event of noncompliance, removal will be done by the City at the owner's expense, and shall state thatthe owner has the right to file an appeal with the City Manager within the ten (10) day notice period, as provided in subsection 7-1-13(C} below. When no owner, occupant or agent of the owner can be found, notice shall be sent by registered mail to the person who is listed on the records of the County Auditor or County Treasurer asthe owner; service will be complete with mailing. (B) Noncompliance with Notice: If such person fails to comply with the notice withinten (10) days after service, or if no owner, occupant or agent can be found, the Weed Inspector, or his assistants, may have such weeds cut and removed or otherwise eradicated. The records showing the cost of such work attributable to each separate lot or parcet including an administrative fee as may be determined by the City Council, shall be delivered to the property owner and the City Clerk. The City shall collect any unpaid amounts under the provisions of Minnesota Statutes, chapter 429, as special assessmentsJor the.abatement of nuisances pursuant to Minnesota Statutes, section 429.021(8). The City may collect unpaid amounts relating solely to the elimination of noxious weeds pursuant to Minnesota Statutes, section 18.271. (C) Appeal and Hearing: Any person aggrieved by a decision of the Weed Inspector, or his assistants, may appeal that decision to the Planning Commission by filing a written request with the City Manager or designee, within ten (10) days of service of the notice provided herein. The City Manager or designee shall cause the appeal to be placed onthe first Planning Commission meeting of the month and shall notify the appellant of the date, time and place of such meeting. The filing of the appeal shall stay the running of the time period for the removal of the weeds, and the City shall not act to remove the weeds until ten (10) days after a decision of the Planning Commission ordering removal of the weeds. The Planning Commission shall havE;! authority to affirm, amend or reject the decision of the Weed Inspector, or his assistants, after hearing any evidence offered on behalf of the appellant and the Weed Inspector. 7-1-14: OBSTRUCTING CITY EMPLOYEES: No person shall obstruct the Weed Inspector, his assistants or agents, in the inspection, posting, cutting, removal or eradication of weeds or grass. Each day on which such obstruction continues shall constitute a separate offense. (Ord. 370, 5-21-90) ", : ,ARTICLE III. WEEDS AND GRASS ~ h tL"SS-Zv\ Sec. 13-24. Prohibition. Weeds and grass in excess of 12 inches in length on any occupied or unoccupied lot or parcel of land less than one acre in size in the City of Chanhassen is a public nuisance ~md is prohibited. On vacant property where it would be physically difficult to mow because of topography or other physical constraints, the height limitation on weeds and grass shall only apply to a ten-foot-wide strip abutting the lot line of the property. Noxious weeds or plants as identified and defined by the Minnesota Departmentof Agriculture are also a public nuisance and are prohibited. Native grasses and wild flowers indigenous to Minnesota, planted and maintained on any occupied lot or parcel of land as part of a garden or landscape treatment are exempt from this article. (Ord. No. 222, 9 1, 9-26-94) Sec. 13-25. Cutting, removal or chemical treatment. The owner, lessee, or occupant of any lot or parcel of land shall cut and remove or chemically treat all such weeds, grass, brush, or other rank, poisonous, or harmful vegetation as often as necessary to comply with the provisions of this section. Cutting, removing, or chemically treating such weeds, grass, brush, or other rank, poisonous, or harmful vegetation at least once in every three weeks, between May 15 and October 15 in a given year, is deemed to be in compliance with this article. (Ord. No. 222,91,9-26-94) Sec. 13-26. Violation. (a) After giving the owner or occupant of a lot not in compliance with the previous sections seven days' advance written notice of the noncompliance, the city may cut, or cause to be cut the grass, weeds, or plants and may assess the cost against the property in accordance with M.S. 9429.101. (b) The violation of any provision of this article 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. (Ord. No. 222,91,9-26-94) C' ORDINANCE NO. 806, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY CODE SEe. 10.73, RELATING TO GRASS AND WEEDS ON PRIV ATE PROPERTY THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA ORDAINS: Section 1. City Code Chapter 10, Section 10.73, is deleted in its entirety and is replaced with the following text: SEe. 10.73. MAINTENANCE OF VEGETATION. Subd. 1. Definitions. For the pwpose of this section, the following terms shall have the following meanIngs: A. Garden means a cultivated area dedicated to growing vegetables, fruits, flowers, ornamental grasses, groundcovers, shrubs and similar plants that were planted in a well defined location. B. Native plants are those grasses (including prairie grasses), sedges (solid, triangular- stemmed plants resembling grasses), forbs (flowering broadleaf plants), trees and shrubs that are plant species native to the state of Minnesota, excluding prohibited noxious species as identified and defined by the Minnesota Department of Agriculture. Native plants do not include weeds. C. Native planted area means an area where native plants are being or have been seeded or planted and are currently being maintained to remove weeds in a designated area. A native planted area does not include a garden. D. Natural area means an area that was purposely left to grow in a natural state and can maintain itself in a stable condition without human intervention and contains native plants. An area containing more than fifty percent (50%) turf grass and/or weeds and is not maintained is not a natural area. E. Ornamental Grasses means grasses that are not native to the state of Minnesota that are intended to add beauty to a garden. Ornamental grasses do not include turf grasses or weeds. F. Turfgrass means commercially available cultured grass varieties, including bluegrass, fescue, and ryegrass blends, commonly used in regularly cut lawn care areas. G. Weeds are (1.) noxious weeds as identified and defined by the Minnesota Department of Agriculture, or (2.) any volunteer plants. The City weed inspector shall maintain a list of volunteer plants that are prohibited. 6/9/08 Subd. 2. Herbaceous Ve2etation Hei2ht. An owner, occupant or agent of any lot or parcel of land in the City, other than the agricultural preservation, shall not allow any herbaceous vegetation growing upon such lot or parcel of land or growing upon City right-of-way which abuts the lot or parcel of land, including the area between any sidewalk or trail and the curb of the street, to a greater height than eight inches (8) inches or to allow such herbaceous vegetation go to seed. Subd. 3. Private Property. The provisions of Subd. 2 of this Section shall not apply on private property as follows: A. To herbaceous vegetation that is located: 1. On slopes greater than or equal to three feet horizontal to one foot vertical (3: I); 2. In Natural Areas; 3. In a Conservation Easement; 4. In a garden; 5. In City park and open space; 6. In a wetland or floodplain area designated on the official zoning map; or 7. Within a drainage pond or ditch which stores or conveys stormwater. B. To native planted areas provided that: 1. They are set back not less than twenty (20) feet from the front lot line. For the purposes ofthis ordinance, comer lots shall be deemed to have two front yards; 2. They are set back not less than five (5) feet from the side and/or rear lot lines to provide a transition zone. No set back is required on the side or rear lot lines if (1.) there is a fully opaque fence at least five (5) feet in height installed between the native plants and the side or rear lot lines or (2.) the native plants abut a neighboring native planted area. Plantings must not impede drainage; 3. The native plant landscape area is maintained either by removing weeds, mowing or City approved and permitted burning. Subd. 4. Section Setback Maintenance. The setback area required by Subd. 3 of this Section shall be composed of regularly mowed turf grass, garden beds, trees, shrubs, mulch, wood chips, rock and/or gravel consistent with City Code. Plantings must not impede drainage. Subd. 5. Visual Obstructions. The native planted area, garden or natural area shall not obscure, block or impede visual sight lines; fire hydrants; regulatory, warning or street identification signs; 6/9/08 or street light illumination required to ensure the safe and efficient circulation of vehicles and pedestrians on streets, intersections, trail, pathways and sidewalks. Subd. 6. City Property or Easements. The City may require the owner or occupant who has planted, or has allowed to be planted, native plants or other vegetation within a drainage and utility easement or a right-of-way of a City street to remove the native plants or other vegetation from the right-of-way or drainage and utility easement at no expense to the City. The City will not be responsible for damage to turf grass and/or any landscaped areas resulting from public works improvements or snow removal activities within rights-of-ways or drainage and utility easements. Subd.7. Notice and Assessment. A. Notice: Once a failure to comply with the requirements of this Section are identified, notice of such failures shall be given by the City to the affected property owner. The notice shall state and describe the property affected; allow seven (7) days for the property owner to cause such vegetation to be cut, removed and/or treated for weeds; that if such vegetation is not cut, removed and/or treated for weeds within the stated time the City will cause such vegetation to be cut, removed and/or treated for weeds; that all cost thereof will be bill to the property owner payable within thirty (30) days, the costs will be assessed against the property from which such vegetation has been removed pursuant to and in accordance with Minnesota Statutes 9429.10 I or any similar provision hereafter enacted. B. Assessment: In all cases in which vegetation is cut, removed and/or treated for weeds or caused to be by the City, the costs, if not paid by the owner as provided herein, shall be assessed against the property from which such vegetation is cut, removed and/or treated for weeds pursuant to and in accordance with Minnesota Statutes Section 429.101 or any similar provision hereafter enacted. Such assessments shall be paid with interest, in installments, and within a period not to exceed one (1) year from the date of assessment. The City will not be responsible for damage to turfgrass and/or any landscaped areas resulting from enforcement of this ordinance. Section 2. Summary Approved. The City Council hereby determines that the text of the summary ordinance marked "Official Summary of Ordinance 806", a copy of which is attached hereto, clearly informs the public of the intent and effect of the ordinance. The Council further determines that publication of the title and such summary will clearly inform the public of the intent and effect of the ordinance. Section 3. Posting and Filing. A copy of this ordinance is filed in the office of the City Clerk and a copy is provided to the Shakopee Library for posting and filing, at which locations a copy is available for inspection by any person during regular office hours. Section 4. The City Clerk shall publish the title of this ordinance and the official summary in the official newspaper with notice that a printed copy of the ordinance is available for inspection by any person during regular office hours at the office ofthe City Clerk and Shakopee Library. 6/9/08 Section 5. Effective Date. This ordinance becomes effective from and after its passage and publication. Mayor of the City of Shakopee ATTEST: City Clerk 6/9/08 Official Summary of Ordinance No. 806 The following is the official summary of Ordinance No. 806, Fourth Series, approved by the City Council of the City of Shakopee, Minnesota on September 2, 2008. ORDINANCE NO. 806, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY CODE CHAPTER 10, SECTION 10.73, RELATING TO GRASS AND WEEDS ON PRIVATE PROPERTY 1. The Ordinance amendment changes the title of Chapter 10, Section 10.73, from "Grass and Weeds on Private Property" to "Maintenance of Vegetation." 2. The Ordinance amendment applies the City Code's maintenance of herbaceous vegetation on private property. 3. The Ordinance amendment establishes definitions for herbaceous vegetation. 4. The Ordinance amendment sets forth the maintenance of herbaceous vegetation with a height greater than 8 inches on private property. 5. The Ordinance amendment establishes exemptions for slopes greater than or equal to three feet horizontal to one foot vertical, natural areas, conservation easements, gardens, City park and open space, wetlands or floodplains, stormwater conveyance areas and native planted areas as defined in the ordinance. 6. The Ordinance amendment requires setbacks from lot lines for native planted areas. 7. The Ordinance amendment addresses herbaceous vegetation visual obstructions to ensure safe and efficient circulation of vehicles and pedestrians. 8. The Ordinance amendment addresses maintenance of vegetation within City property or easements. 9. The Ordinance amendment establishes a notification process for compliance. 10. The Ordinance amendment establishes an assessment process in accordance with Minnesota Statutes Section 429.101 vegetation maintenance caused by the City. A printed copy of the ordinance is available for inspection by any person at the office of the City Clerk and at the Shakopee Library.