HomeMy WebLinkAboutOrdinance 1006 - Weed and Brush Control
CHAPTER X – NUISANCES & OFFENSES
ORDINANCE 1006 WEED AND BRUSH CONTROL ....................................................1006-1
Section 1006.01: PURPOSE ......................................................................................1006-1
Section 1006.02: DEFINITIONS ...............................................................................1006-1
Section 1006.03: MAINTENANCE STANDARDS...................................................1006-2
Section 1006.04: REMOVAL OF WEEDS ................................................................1006-3
Section 1006.05: NOTICE .........................................................................................1006-3
Section 1006.06: VEGETATION AND WETLANDS ...............................................1006-4
Section 1006.07: PENALTY .....................................................................................1006-4
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ORDINANCE 1006 WEED AND BRUSH CONTROL
Section 1006.01: PURPOSE. It is the purpose of this Ordinance to prohibit the
uncontrolled growth of vegetation, while permitting the planting and maintenance of landscaping
or garden treatments which add diversity and richness to the quality of life. There are reasonable
expectations regarding the proper maintenance of vegetation on any lot or parcel of land. It is in
the public’s interest to provide standards regarding the maintenance of vegetation as vegetation
which is not maintained may threaten public health, safety and order.
Section 1006.02: DEFINITIONS. For the purpose of this Ordinance, the following
words shall have the meanings given in the following subdivisions.
Subd. 1: City. As used in this Ordinance, shall mean the City of St. Joseph, Stearns
County, Minnesota.
Subd 2: Grasses.
a) Native Grasses and Forbs. Grasses including prairie grasses and flowering broad-leaf
plants which are indigenous to Minnesota. Native grasses and forbs shall be planted
only in planned landscape areas or a restoration area where native grasses and forbs
are being intentionally re-established.
b) Ornamental Grasses and Groundcover. Species that are not indigenous to Minnesota
and do not include turf grasses. Ornamental grasses and groundcovers shall be
planted only in planned landscape areas.
c) Turf Grasses. Commonly used in lawn areas, including any blue grass, fescue or rye
grass blends, or any similar grasses.
Subd. 3: Noxious Weeds, Prohibited. Annual, biennial, or perennial plants that the
Commissioner of Agriculture designates as having the potential or are known to be detrimental
to human or animal health, the environment, public roads, crops, livestock or other property.
There are two regulatory listings for prohibited noxious weeds:
a) Eradicate list. Prohibited noxious weeds that are listed to be eradicated include plants
that are not currently known to be preset in Minnesota or are not widely established.
These species must be eradicated, meaning all of the above and below ground parts of
the plant must be destroyed, as required by MN Statute §18.82, as amended from time
to time.
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b) Control List. Prohibited noxious weeds listed to be controlled are plants established
throughout MN or regions of the State. Species on this list must be controlled,
meaning efforts must be made to prevent the spread, maturation and dispersal of any
propagating parts, thereby reducing established growth and preventing reproduction
and spread as required by MN Statute §18.82 as amended from time to time.
Subd. 4: Noxious Weeds, Restricted: Plants that are widely distributed in MN and are
detrimental to human or animal health, the environment, public roads, crops, livestock or other
property, but whose only feasible means of control is to prevent their spread by prohibiting the
importation, slae and transportation of their propagating parts in the state except as allowed by
MN Statute § 18.82, as amended from time to time. Plants designated as restricted noxious
weeds may be reclassified if effect means of control are developed.
Subd. 5: Noxious Weeds, Stearns County. Weeds that are designated by Stearns County
to be enforced as prohibited noxious weeds within the county’s jurisdiction and must be
approved by the Commissioner of Agriculture. The list of noxious weeds designated by Stearns
th
County is updated by May 15 of each year.
Subd. 6: 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. 7: Specifically Regulated Plants. Plants that may be native species or have
demonstrated economic value, but also have the potential to cause harm in non-controlled
environments. Plants designated as specially regulated have been determined to pose ecological,
economical, or human health or animal health concerns. Plant specific management plans and/or
rules that define the use and management requirements for these plants will be developed by the
MN Department of Agriculture for each plant designated as specially regulated. Measure must
also be taken to minimize the potential for harm caused by these plants.
Subd. 8: Weeds. As used in this Ordinance, shall be construed to mean and include all
noxious weeds as defined in Minn. Stat. §18 and 21, as amended from time to time, and those as
determined by the Stearns County Agricultural Inspector, and all such useless and troublesome
plants as are commonly known as weeds to the general public.
Section 1006.03: MAINTENANCE STANDARDS. Every 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, shall maintain all vegetation thereon according to the following standards:
a) Turf grasses and weeds shall be regularly cut such that no individual plan shall
exceed, any anytime a height greater than ten (10) inches as measured from it base at
the ground to the highest point of the stalk, stem or blade.
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b) Property owners are responsible to plant and maintain the boulevard areas adjoining
their property in a manner which enhances and improves the aesthetic appearance of
city streets with turf grass or approved rain gardens. To maintain an adequate site ine
and safe travel within the right-of0way, such plantings excluding treets, shall not
exceed thirty two (32) inches in height.
c) The City may require a planned landscape area to be trimmed if the plants are
causing vehicular and pedestrian sight line issues or posing other safety concerns. No
person shall permit ornamental grasses and groundcovers to invade on adjoining
property.
d) 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).
e) It is unlawful to dispose of noxious weeds, grasses, or rank vegetation in public
streets, vacant lots, ponds and rights-of-way.
Section 1006.04: 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 3.
Section 1006.05: NOTICE. If the provisions of the foregoing Sections are not complied
with, the City Weed Inspector shall serve written notice for the first two offenses of the each
calendar year, of such fact upon the owner, lessee, occupant, or any agent or person having care
or control of such lot or land. Non-compliance of this Ordinance offense after the second
offense will not receive notice. 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 ten (10) days of the compliance date included in the administrative compliance
order, 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, or the compliance order
would be the third (or greater) notice for the same property in the calendar year, the Weed
Inspector shall cause such weeds, grass and other vegetation on such lot or land to be cut and
removed.
The property owner shall be charged a compliance fee to include all fees incurred when the
Weed Inspector orders the weeds, grass or other vegetation to be cut and/or removed. If the
property owner fails to pay the compliance fee within 30 days of receiving an invoice, such
amount will become a lien in favor of the City and a penalty as established by the City Council
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shall be added to the amount due as of that date. Any costs, expenses and penalties unpaid as of
October 15 of each calendar year shall be certified to the County Auditor for entry as a special
assessment upon such property for collection as other real estate taxes are collected.
Section 1006.06: VEGETATION AND WETLANDS. The cutting, mowing or burning
of vegetation located within a wetland as defined by Section 502.04, Subd. 123 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. 4.
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.
Section 1006.07: 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.
Updated May 6, 2019
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