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HomeMy Public PortalAboutOrdinances-2022-493CITY OF TIFFIN ORDINANCE NO. 2022-493 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF TIFFIN, IOWA, CHAPTER 52, WEEDS AND NOXIOUS GROWTHS BE IT ENACTED by the City Council of the City of Tiffin, Iowa: Section 1. Purpose: The purpose of this ordinance is to amend the entire Chapter 52, Weeds and Noxious Growths. Section 2. Amendment. Chapter 52 - Weeds and Noxious Growths, is hereby amended as follows: CHAPTER 52 WEEDS AND NOXIOUS GROWTHS 52.01 Weeds and Noxious Growths Must be 52.05 Provisions Destroyed or Cut 52.02 Definitions 52.06 Natural Areas 52.03 Authority and Enforcement 52.07 Exempt Property 52.04 Interference with Enforcement 52.08 Violation and Notice 58.05 Effect of Denial or Revocation 52.09 Failure to Cut and Collection 52.01 WEEDS AND NOXIOUS GROWTHS MUST BE DESTROYED OR CUT. All weeds, vines, brush or other growth which constitutes a health, safety,or fire hazard, on any lot or parking adjacent thereto, shall be destroyed by the owner or persons in possession of the lot; or, in lieu of destruction, weeds and growths specified herein shall be frequently cut. In addition to noxious weeds, grass that is allowed to grow more than ten (10) inches high shall also be deemed a nuisance under this chapter and subject to all provisions herein. 52.02 DEFINITIONS. For the purpose of this chapter, the following terms, phrases, words, and their derivations shall have the meanings given herein. 1. "Conservation area" means an area that is planted with ground cover plants of a size and texture compatible with the environment and maintained accordingly. 2. "Developed lot or land" means an improved residential or commercial lot. 3. "Grass" means any plant of the family Gramineae, having jointed stems, sheathing leaves, and seedlike grains. 4. "Ground cover" means plants with the growth and root capacity to cover and stabilize an area of soil and to prevent erosion. 5. "Natural area" means an area allowed to retain native plant material in a natural prairie state. 6. "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. 7. "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. 8. "Right-of-way" means the entire width of a platted street or alley in use or undeveloped. 9. "Soil erosion control" means a method of planting and cultivation, or lack of same, designed to retain soil and to prevent soil movement caused by natural or manmade causes. 10. "Undeveloped lot or land" means an unimproved lot or area. 11. "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 ten (10) inches or more, except as otherwise provided in this chapter. 52.03 AUTHORITY FOR ENFORCEMENT. City of Tiffin staff members or other persons as may be designated by the City Council are responsible for the enforcement of this chapter and shall have all the necessary authority to carry out the enforcement of this chapter. 52.04 INTERFERENCE WITH ENFORCEMENT. No persons shall interfere with the staff member while engaged in the enforcement of this chapter. 52.05 PROVISIONS. Except as provided elsewhere in this chapter, the following provisions shall apply: 1. Each owner and each person in the possession or control of anyland within the City limits of the City of Tiffin, Iowa, shall cut or otherwise destroy all noxious weeds thereon and shall keep said landsfree of such growth. 2. Each owner and each person in possession or control of any property within the City limits of the City of Tiffin, Iowa, shall be responsible to: A. Keep said property, along with parking adjacent thereto, alleys, public ways or areas up to the centerline of said ways free of any noxious weeds. B. Keep grasses and weeds on said property, along with parking adjacent thereto, mowed so that grass and weeds are less than ten (10) inches in height. C. 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 eighteen (18) inches in height. D. Farm crops, pasture, vineyards, orchards, garden plants, and ornamental plants in established planting beds may exceed the requirements of this chapter. However, weeds and brush in such areas shall be cut so that such weeds or brush are less than two (2) feet in height. 3. Each owner and each person in the possession or control of any property shall not allow any plant growth of any sort to remain in such a manner as to render the streets, alley, or public ways adjoining said property unsafe for public travel or in any manner so as to impedepedestrian or vehicular traffic upon any public place or way. 4. Where waterway or watercourses are found upon any developed or undeveloped property, 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 eighteen (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 creekbank 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 property 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. 52.06 NATURAL AREAS. 1. Designation. The owner or person in possession or control of anyproperty within the City limits of the City of Tiffin, Iowa, may apply to have such land or portion thereof designated as a natural or conservationarea. Prior to designating such area, the Tiffin City Council shall consider the following factors: grade or incline of said tract, thedifficulty to control or maintain said tract, whether said tract is beingmaintained as either a soil erosion control area or a conservation area. 2. Natural or Conservation Area. Natural or conservation areas asdesignated by the Tiffin City Council, need not be mowed and shall be left in their natural state, except that noxious weeds shall be removed or controlled. 3. Public Ways. Sidewalk or other public ways that lie adjacent to or extend through a natural or conservation area must be open and free from any obstructions to pedestrians or vehicular traffic. 52.07 EXEMPT PROPERTY. 1. Property within the City of Tiffin and owned by the State oflowa is exempt from the provisions of this chapter. 2. Property within the City of Tiffin which is owned by a railroad company and currently used for the operation of the railroad system isexempt from the provisions of this chapter. 52.08 VIOLATION AND NOTICE. Upon a determination that a violation of this chapter has occurred, the City will send written notice by certified and regular mail to the property owner. Such notice will set forth that the property owner has seven (7) days from the date of the notice to have the weeds and grass cut so that the height conforms to this chapter. The notice may instruct the property owner that the notice constitutes ongoing notice for the balance of the calendar year with respect to violations of this chapter for that property. 52.09 FAILURE TO CUT AND COLLECTION. If any property owner who has been sent notice fails to cut the weeds and/or grass in conformance with this chapter within the time period set forth in the notice, the City may do so and charge the costs to the property owner, and the property owner shall pay such invoice within 30 days of the date of the invoice. If the property owner fails to pay such invoice within 30 days of the date of the invoice, the City may assess the costs against the property owner for collection in the same manner as a property tax, or may seek any other remedy provided by law, including a civil action for damages. If it is determined a violation of this chapter has occurred for a property during the same calendar year in which notice was previously sent to the property owner, the City may cut the weeds and grass in conformance with this chapter without notice, and the City may charge the costs to the property owner, and the property owner shall pay such invoice within 30 days of the date of the invoice. If the property owner fails to pay such invoice within 30 days of the date of the invoice, the City may seek any other remedy provided by law, including a civil action for damages. Section 3. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 4. Severability Clause. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section 5. When Effective. This ordinance shall be in effect after its final passage, approval, and posting as provided by law. On the 3rd day of May 2022, at a regular meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson Olney introduced Ordinance No. 2022-493, and moved that it be given its first reading. The motion was seconded by Councilperson Havens. Ayes: Havens, Orris, Olney, Schnedler, Limkemann. Nays: None. Five members of the Council being present and having voted "Aye", Mayor Steve Berner declared the motion carried, and Ordinance No. 2022-493, was read the first time, discussed, and placed on record. On the 17th day of May 2022, at a regular meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson Orris introduced Ordinance No. 2022-493, and moved that it be given its second reading. The motion was seconded by Councilperson Schnedler. Ayes: Havens, Orris, Schnedler. Nays: None. Three members of the Council being present and having voted "Aye", Mayor Steve Berner declared the motion carried, and Ordinance No. 2022-493, was read the second time and discussed and placed on record. On the 17th day of May 2022, at a regular meeting of the Tiffin City Council, Tiffin, Iowa, Councilperson Orris introduced Ordinance No. 2022-493, and moved that it be given its third and last reading. The motion was seconded by Councilperson Limkemann. Ayes: Limkemann, Schnedler, Orris, Havens. Nays: None. Four members of the Council being present and having voted "Aye", Mayor Steve Berner declared the motion carried, and the ordinance was passed and adopted. Whereupon the Mayor declared that Ordinance No. 2022-493 be adopted and. signified his approval of same by fixing his signature thereto. Passed by the Council on the 17th day of May 2022 and approved by the Mayor on the 1.8th. day of May 2022. CITY OF TIFFIN, IOWA: B TEVE BERNER, Mayor ATTEST: Abigail Hot, City Clerk I, Abigail Hora, City Clerk of the City of Tiffin, Iowa, state that an ordinance entitled AN ORDINANCE AMENDING THE MUNICIPAL CODE OF TIFFIN, IOWA, CHAPTER 52, WEEDS AND NOXIOUS GROWTHS and known as No. 2022-493 was duly passed by the Council on the 17th day of May 2022, and signed by the Mayor on the 18th day of May 2022, and published on the 18th day of May 2022, by posting copies thereof in three public places within the limits of the City of Tiffin, Iowa. That I posted copies of Ordinance No. 2022- 493 in the following places: The Depot, Tiffin, Iowa Casey's, Tiffin, Iowa Solon State Bank, Tiffin, Iowa Abigail Ho r City Clerk