HomeMy WebLinkAboutOrdinance 1006-Weed and Brush Control
CHAPTER X – NUISANCES & OFFENSES
ORDINANCE 1006 WEED AND BRUSH CONTROL ....................................................1006-1
Section 1006.01: WEED REMOVAL DEFINITIONS ...............................................1006-1
Section 1006.02: WEEDS PROHIBITED ..................................................................1006-1
Section 1006.03: REMOVAL OF WEEDS ................................................................1006-1
Section 1006.04: NOTICE .........................................................................................1006-2
Section 1006.05: PENALTY .....................................................................................1006-2
Section 1006.06: VEGETATION AND WETLANDS ...............................................1006-2
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CHAPTER X – NUISANCES & OFFENSES
ORDINANCE 1006 WEED AND BRUSH CONTROL
Section 1006.01: WEED REMOVAL DEFINITIONS. For the purpose of this
Ordinance, the following words shall have the meanings given in the following subdivisions.
Subd. 1: Weeds. As used in this Ordinance, shall be construed to mean and include all
noxious weeds as defined in Minn. Stat. §18.171 and 21.47 and all such useless and troublesome
plants as are commonly known as weeds to the general public.
Subd. 2: Person. As used in this Ordinance shall mean and include one or more persons
of either sex, natural person, corporations, partnerships, associations, societies and other entities
of any kind capable of being sued.
Subd. 3: City. As used in this Ordinance, shall mean the City of St. Joseph, Stearns
County, Minnesota.
Section 1006.02: WEEDS PROHIBITED. It shall be unlawful for any owner, lessee,
and/or occupant; or any agent, servant, representative, or employee of any such owner, lessee or
occupant having control of any occupied or unoccupied lot or land or any part thereof in the City,
to permit or maintain on any such lot or land, or on or along any sidewalk adjacent to the same,
or along any street adjacent to said property between the property lien and the curb, or on or
along any alley that is adjacent to the said property between the property line and the middle of
the alley, any growth of noxious weeds, grasses, or rank vegetation to a height of greater than ten
(10) inches, or any accumulation of dead weeds or grasses, except compost piles, during the
months of May through September. It shall also be unlawful for any such person to cause,
permit or allow poison ivy, rag weed, or other poisonous plant(s), or plant(s) detrimental to
health, to grow on any such lot or on any such land in such manner that any part of said weed(s)
or plant(s) shall extend upon, hang over or border any public place, or in such manner that said
weed(s) or plant(s) are allowed to seed or emit pollen or other harmful particles into the
atmosphere in a manner such that said particles are carried through the air into any public
place(s).
Section 1006.03: REMOVAL OF WEEDS. It shall be the duty of the owner, lessee, or
occupant of any lot or land to cut and remove, or to cause to be cut and removed, all such
noxious weeds, grass or other rank, poisonous or harmful vegetation as often as may be
necessary to comply with the provisions of Section 2.
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CHAPTER X – NUISANCES & OFFENSES
Section 1006.04: NOTICE. If the provisions of the foregoing Sections are not complied
with, the City Weed Inspector shall serve written notice of such fact upon the owner, lessee,
occupant, or any agent or person having care or control of such lot or land. If the person upon
whom the notice is served fails, neglects or refuses to cut and remove or to cause to be cut and
removed, such seeds, grass or other vegetation within a specified time after receipt of such
notice, or if no person can be found in the City who either is or claims to be the owner of such lot
or land, or who either represents or claims to represent such owner, the Weed Inspector shall
cause such weeds, grass and other vegetation on such lot or land to be cut and removed. The
actual cost of cutting and removing the same, plus the sum of Ten Dollars ($10) for each
inspection and other additional costs in connection therewith shall be certified by the Weed
Inspector to the Village Council of the Village prior to the first day of October of each year. The
amount so charged against said premises, lots or parcels of land shall be a lien upon the property
on which said weeds, grass and vegetation were located, and shall be added to, and become, and
form part of the taxes next to be assessed and levied upon such lot or land, and the City Council
shall, by appropriate action, assess the cots above mentioned against said premises, and the City
Clerk/Administrator shall certify the same to the County Auditor of Stearns County, Minnesota.
The same shall be collected and enforced in the same manner as the collection of real estate taxes
or assessments.
Section 1006.05: PENALTY. Any person who shall neglect to cut and remove noxious
weeds, grass, or other vegetation as directed in this ordinance, or who shall fail, neglect or refuse
to comply with the provisions of any notice herein provided, or who shall violate any of the
provisions of this ordinance, or who shall resist or obstruct the Weed Inspector, or his
employees, in the cutting and removal of noxious weeds, grass and other vegetation shall be
guilty of a misdemeanor.
Section 1006.06: VEGETATION AND WETLANDS. The cutting, mowing or burning
of vegetation located within a wetland as defined by Section 502.04, Subd. 114 of these
Ordinances shall be prohibited, except where the cutting, mowing or burning occurs under the
following circumstances:
a) When the act occurs in compliance with this ordinance requiring the removal of
weeds as defined in Section 1006.01, Subd. 1.
b) When occurring in conjunction with the harvesting of agricultural crops.
c) When the vegetation is consumed by agricultural animals using the wetlands for
pasture.
d) If approved by the City Weed Inspector based upon the finding that the cutting,
mowing or burning of the vegetation will not have a noticeable adverse effect
upon the wetlands or wildlife residing therein.
A violation of this Section shall constitute a petty misdemeanor.
Updated 9/1999
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