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Home My WebLink About1974-05-28 OrdinanceI 1 yi.-s-S,k gr„ .i`ns%,y2r +�-�i'Y''a,,,,, ,,,' •- .i ORDINANCE NO.. 74-;-2723 i AN ORDINANCE DESIGNATING-THE=_RESPONSISILITY FOR TURF MAINTENANCE AND WEED CONTROL ON PRIVATE PROPERTY: AND STREET AND.'ALLEY RIGHT OF WAYS; ESTABLISHING A STANDARD OF MAINTENANCE; DEFINING CERTAIN NUISANCES INVOLVING UNTENDED AREAS AND P:_:;v1U- ING FOR THE ABATEMENT OF SUCH NUISANCES;'' REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PRESCRIBING PENALTIES FOR VIOLATIONS OF ITS PROVISIONS. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. PURPOSE. The purpose of this Ordinance is to establish rc_;ponsibility Tor the care and maintenance of all areas where grasses and weeds are allowed to grow untended within the boundaries `of the City: of Iowa City, Iowa; to provide rules and regulations for the maintenance of such areas; to define nuisances and to provide for their abatement, in -order to provide for the safety, preserve the health, and welfare of the citizens of Iowa City. SECTION II. SHORT TITLE: This Ordinance shall.be known as and may be cited as the "Turf and Weed Ordinance!' of the City of Iowa City, Iowa. SECTION III. DEFINITIONS. For the purpose of this Ordinance, the following terms, phrases, words and their derivations shall have the meaning given herein. The word "shall".is mandatory',and not merely directory. - A_ CITY. The City of Iowa City. B. CITY MANAGER. '.Manager of the City of,Iowa City. C. TURF AND WEED:OFFICER. Person designated by the City Manager to enforce the Turf.and Weed Ordinance. D. PARKING. That part of the street, avenue, or highway in the City not covered by sidewalk and lying between the lot line and the curb line; on unpaved streets, that part of the street, avenue or highway lying between the lot lines and that portion of the street usually traveled by vehiculartraffic. E. RIGHT OF WAY. The entire width of a platted street or alley in use or undeveloped. F. GROUND COVER. Plants withthegrowth and root capacity to cover and stabilize-an.area of soil and to prevent erosion. G. SOIL EROSION CONTROL. A method of planting and cultivation, or lack of same,' designed to retain soil and to prevent soil move- ment caused by natural or man-made causes. H. NATURAL OR CONSERVATION AREA. An area allowed to retain native plant material in a natural prairie state. r I. TURF_ Tended -area covered with cultivated grasses. J. WEED. A plant growing uncultivated and out of context with the surrounding plant life. K. NOXIOUS WEEDS: Primary and secondary classes of weeds as defined by the Code of Iowa.,Chapter 317.1 and all additions to this list as so declared by the Secretary of Agriculture, State of Iowa. L. UNMO`WED OR UNTENDED AREA. Area allowed to grow without care and supervision.- M. DEVELOPED LOT OR AREA. An inhabited or conmmercial lot. N. UNDEVELOPED LOT OR AREA. An unimproved lot or area allowed to lie idle. O. CHEMICAL CONTROL.- The application of a herbicide (weed killer) in strict accordance with the directions on the product and the regu- lations of the Code of Iowa, Chapter 206 (the Pesticide Act) and all additions thereto may be adopted. `Ordinance. No _ {7. l SEC4ION F. TURF:AND WEED OFFICI AL. A. Establishment. There is hereby established the position of Turf and Weed Official -as a part of the duties'of the Parks i Recreation Department in and for the City. The Turf and Weed'Official and/or assistant shall be a person.qualified by training for this position and shall be appointed by the City Manager. B. Authority, The Turf and Weed Official shall have the authority to inspect unmowed:.or untended lots and areas, to define nuisances, to notify violators and to file misdemeanor charges as necessary. SECTION V. INTERFERENCE WITH TURF AND WEED OFFICIAL. No person shall hinder, prevent, delay, or interfere with the Turf and Weedofficialor an a assistant while engaged in. carrying out the execution or enforcement ofothisd Ordinance; provided, however, that nothing herein shall be construed as an attempt to prohibit the pursuit of any.remedy, legal or equitable, in any Court of competent jurisdiction for.:the protection of property rights by the owner of any property within the -City. SECTION VL NUISANCES All noxious -weeds, as defined by the Code of Iowa, shall be declared a nuisance and shall be destroyed by the owner, occupant, cr person in charge or possession of `:said lots. Destruction of said weeds may be accom- plished by mowing before the seed heads have formed or by chemical control before the seed heads have formed. All unmowed turf areas on any developed lot, parking_ adjacent thereto, alley, or area adjacent thereto,,including to the center -.line of the traveled portion of said alley shall be declared.a nuisance and shall be mowed by the owner, occupant, or person in charge or_possession.of said area. All unmoved turf areas on any undeveloped lot, parking adjacent thereto, alley,...or area adjacent thereto including to the center line of -the traveled portion of said alley shall be declared a nui- sance and shall be mowed by the owner or person in charge or possession of said area. An area is adjudged to be unmoved when it contains grasses or weeds of suet, a height as to harbor rodents, catch debris or become an annoyance or inconvenience to the general public. SECTION VII. NATURAL AREAS. Any lot or portion thereof or undeveloped street or alley right of way that is,.because of grade or incline, impossible to mow or is being maintained as a soil:erosion controlarea".or'any park or portion thereof that is maintained as a natural or conservation area need not be mowed and is not adjudged to be a nuisance. Any area that'is planted with ground cover plants of a size and texture compatible with.the environment, and maintained accordingly, need not be mowed and is not adjudged to be a nuisance. SECTION VIII. ENFORCEttENT. It shall be the duty of the Turf and Weed Official to inspect all areas of complaint -.and to notify the owner, occupant, or person in charge or possession of said area that a Nuisance Ordinance Violation exists. Said Notice shall be given by certified mail and shall allow seven (7) days after receipt of said Notice as a'period of time to eliminate said Nuisance. SECTION IX. .MISDEMEANOR. Any.ownerr occupant, or person in charge or possession of an area where a violation of the provisions of this Ordinance exists or who fails to comply with any- legal notice issued pursuant to the provisions of this Ordinance shall be guilty of a misdemeanor and "shall upon conviction thereof be subject to imprisonment not exceeding 'thirty '(30) days, or a fine not exceeding one hundred ($100) dollars for each day.the violation continues to exist. SECTION X. SAVINGS CLAUSE .'If any article, section or subsection of this Ordi- nance shall be adjudged invalid or unconstitutional, by a court of competent jurisdiction, such` adjudication shall not affect the validity of the ordinance as a whole or any article, section, subsection, or part not adjudged invalid or unconstitutional.- The Council hereby declared that it would have passed the remaining adjudicated article, section, or parts of this Ordinance if it had known that subsection thereof would be declared -unconstitutional. 't T"r -or,parts lor:-Ordinances in conflict with SECTION XI. REPEALER.�'-.-AII'Ordinahces the provisions of this Ordi,na . n.ce are hereby repealed. SECTION XII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval, and publication.as required by law. Itwas moved by Davidsen and seconded by deProsse that the ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Brandt R Czarnecki Davidsen X deProsse X White ATTEST: CITY CLERK 1st Reading 5/14/74 -T.O. 2nd Reading 5/21/74 T.O.- 3rd .0.3rd Reading 5/28/74 T.O. Passed and approved this 28th day of May 1974 ORDINANcE 0 movement caused by natural or man-made causes. ~v h. Natural or conservation area'- An area allowed to retain native plant material in a,natural prairie state. i . Turf.-Tended:: area covered with cultivated grasses. 3• WeedA plant growing*:uncultivated and out of context with the surrounding plant., -life k. Noxious weeds = Primary and secondary classes of weeds as defined by the Code of Iowa 317.1 and all--'additions to this list as so declared by the Secretary of Agriculture, State of Iowa., 1. Unmowed oruntended area'-.Area allowed to grow without care and supervision. M. Developed lot or area -"An inhabited or commercial lot. n. Undeveloped lot or area - An unimproved lot or area allowed to lie idle r=. o. Chemical control The :application of a herbicide (weed killer) in strict accordance,Vith the directions on the product and the regulations:°:of the"Code of`Iowa', 206 (the-Pesticide Act) and all additions thereto that may ;be adopted. SECTION 3 PURPOSE The p1.urpose of this Ordinance is to establish responsibility for, the care and maintenance of, all areas where grasses and weeds are allowed to grow untended within the boundaries of the City of Iowa"City,,IoH!a; to provide rules and regulations for the maintenance of such areas;'to define nuisances and to provide .for their abatement, in order tor provide for -the safety, preserve the health, promote theprosperity, improve. -the order, comfort, and convenience of the City and the citizens'. SECTION 4 TURF AND`WEED-OFFICIAL. a. Establishment There i is"herebyestabllshed the position of Turf and >Weed:Official as a;part.of the duties of the Division in and for the.City The Turf and Weed Official and/or assistant shall be a person qualified by training for this position and shall b"e appointed by the City Manager.. b• Authorit The Turf and Weed Official shall have the ■ - ti g 3 ' Pae / e S3N iP> wei di5 yi NSR Or - authority to ,inspect'funmowed 'or uhtende*d.,lots and areas, to define however, that nothing herein shall be construed as an attempt to 1,3 i -.4-L. — •. nuisance and shall be -,mowed by the owner, occupant, or person in charge or, possession of said are All unmowed turf areas on any VCR M -M W, EM, V Page-- k, 4 In ,, and accordingly, need not,be mowedd is -not adjudged to be a nuisance. SECTION 8 ENFORCEMENT. -...-It shall -be::t-tthe-duty of the Turf and Weed Official to inspect ct -all P areas Of,1-tcomplaint and to notify the owner., occupant, or person=.in charizethat or Possession of said area a Nuisance Ordinance Violation exists.- "Said Notice shall be given by certified mai11:'a_hd: shall -,allow seven days after receipt of said, Notice as, :.a period.'-- of 4time to.eliffiinate said Nuisance. - 'Any o SECTION 9 -'MISDEMEANOR owner or person in charge occupant, or Possession of, an area whe- r 6 a violation of the Provisions of this Ordinance exists or who fails to _comply,with any legal notice issued pursuant.,to- I the p r - ovi sion , s of this Ordinance shall be guilty of a misdemeanor and shall upon conviction thereof be subject to imprisonment.not.exc'e'eding"'I th , irtY.(30) days, or a fine not exceeding one hundred ($100)_', dollars'.. for each day the.violation continues to exist. SECTION 10 SAVINGS. CLAUSE. Should any section, clause or orovision of this Ordinancebedeclaredby,the Courts -to be invalid, the same shall not aff6ct. the ,Validityof the 'Ordinance as a whole or any Section, proVision.or., part, thereof not adjudged invalid or unconstitutional. SECTION 11 --REPEALER. All.Ordinances or.parts of Ordinances in conflict with,thepr6visions of - this Ordinance are hereby repealed. SECTION 12.. This Ordinance shall.: be in effect after its final passage approyal-andt publication as required, by law. It was moved'by Davidsen and seconded by deProsse that the. Ordinance as read be adopted, and upon roll call -there were : AYES: NAYS:, ABSENT - X Brandt: X Czarnecki X KXKM= -Dividsen e,. X deProsse X = White- t 1 - � k V f f �. �::�