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