§ 156-11. Short title.

This article shall be cited as the "Weed Ordinance."

§ 156-12. Jurisdiction.

This article shall be in addition to any state statute or county ordinance presently in effect, subsequently added, amended or repealed.

§ 156-13. Definitions.

A. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

DESTRUCTION ORDER

The notice of violation served on the property owner by the City Council or designated City official, in cases of appeal.

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

(1) Includes but is not limited to the following:

(a) Noxious weeds and rank vegetation shall include but not be limited to: alum (alliums), 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 and wild parsnip.

(b) Grapevines when growing in groups of 100 or more and not pruned, sprayed, cultivated or otherwise maintained for two consecutive years.

(c) Bushes of the species of tall, common or European barberry, further known as Berberis vulgaris or its horticultural varieties.

(d) Any weeds, grass or plants, other than trees, bushes, flowers or other ornamental plants, growing to a height exceeding six inches.

(2) "Rank vegetation" includes the uncontrolled, uncultivated growth of annuals and perennial plants.

(3) The term "weeds" does not include shrubs, trees, cultivated plants or crops.

(4) 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.

§ 156-14. Responsibilities of owners.

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 six inches in height.

§ 156-15. Notice of violations.

A. Upon becoming aware of the probable existence of weeds in violation of this article, a person designated by the City Clerk/Treasurer shall make an inspection and prepare a written report. Said designee, upon concluding that there is a probable belief that this article has been violated, 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. The notice shall be served in writing by certified mail. The notice shall provide that within seven regular business days after the receipt of the notice that the designated violation shall be removed by the property owner or person occupying the property.

B. All notices are to be in writing and all filings are to be with the City Clerk/Treasurer.

C. Certified mailing to the City Clerk/Treasurer or others is deemed filed on the date of posting to the United States Postal Service.

§ 156-16. Appeals.

A. The property owner may appeal to the City Council by filing written notice of objections with the City Clerk/Treasurer within 48 hours of the notice, excluding weekends and holidays, if the property owner contests the finding of the City Administrator. 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 article and should not be subject to destruction under this article.

B. An appeal by the property owner shall be brought before the City Council and shall be decided by a majority vote of the Council members in attendance and being at a regularly scheduled or special meeting of the City Council.

§ 156-17. Failure to comply; abatement by City.

In the event that the property owner shall fail to comply with the destruction order within seven regular business days and has not filed a notice within 48 hours to the City Clerk/Treasurer 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 article by all lawful means.

§ 156-18. Liability for costs.

A. The property owner is liable for all costs of removal, cutting or destruction of weeds as defined by this article.

B. The property owner is responsible for all collection costs associated with weed destruction, including but not limited to court costs, attorney's fees and interest on any unpaid amounts incurred by the City. If the City uses municipal employees, it shall set and assign an appropriate per-hour rate for employees, equipment, supplies and chemicals which may be used.

C. All sums payable by the property owner are to be paid to the City Clerk/Treasurer to be deposited in a general fund as compensation for expenses and costs incurred by the City.

D. All sums payable by the property owner may be collected as a special assessment as provided by Minn. Stat. § 429.101, as it may be amended from time to time.