HomeMy WebLinkAboutOrdinance - 29-2002 - Amending City Code Section 9.71 Relating to Maintenance of Vegetation - 11/12/2002 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY MINNESOTA
ORDINANCE NO.29-2002
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA AMENDING
CITY CODE CHAPTER 9 BY AMENDING SECTION 9.71, SUED. 7,RELATING TO
MAINTENANCE OF VEGETATION;AND ADOPTING BY REFERENCE CITY CODE
CHAPTER 1 AND SECTION 9.99 WHICH,AMONG OTHER THINGS, CONTAIN
PENALTY PROVISIONS
THE CITY COUNCIL OF EDEN PRAIRIE,MINNESOTA ORDAINS:
Section 1. The Eden Prairie City Code shall be amended by amending Section 9.71 as
follows:
SECTION 9.71. MAINTENANCE OF VEGETATION.
Subd. 7.
A. Notice. Once a failure to comply with the height, set back, maintenance, weed,
and annual cutting requirements as required by this Section is identified, notice of
such failure shall be given by the City to the affected property owner. The notice
shall state and describe the property affected; allow seven (7) days for the
property owner to cause such vegetation to be cut, removed and/or treated for
weeds; that if such vegetation is not cut, removed and/or treated for weeds within
the stated time the City will cause such vegetation to be cut, removed and/or
treated for weeds; that all cost thereof will be billed to the property owner payable
within thirty(30) days; and that if payment is not received within thirty(30) days,
the costs will be assessed against the property from which such vegetation has
been removed pursuant to and in accordance with Minnesota Statutes §429.101 or
any similar provision hereafter enacted. The notice shall be served in the same
manner as the notice set forth in Section 9.70, Subdivision 6.E.
B. Assessment. In all cases in which vegetation is cut, removed and/or treated for
weeds or caused to be by the City, the costs, if not paid by the owner as provided
herein, shall be assessed against the property from which such vegetation is cut,
removed and/or treated for weeds pursuant to and in accordance with Minnesota
Statutes Section 429.101 or any similar provision hereafter enacted. Such
assessments shall be paid with interest, in installments, and within a period not to
exceed one (1) year form the date of assessment. The City will not be responsible
for damage to turfgrass and/or any landscaped areas resulting from enforcement
of this ordinance.
Section 2. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to
the Entire City Code Including Penalty for Violation" and Section 2.99 entitled "Violation a
Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim
herein.
Section 3. This ordinance shall become effective from and after its passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 15th
day of October, 2002, and finally read and adopted and ordered published at a regular meeting of
the City Council of said City on the 12th day of November,2002.
Kathleen Porta, City Clerk ay Tyr uke ay
PUBLISHED in the Eden Prairie News on the of �{X1�� J , 2002.
CITY OF EDEN PRAIRIE
IIEIvNEPIN C0U:vTV *,f ENNESOTA
ORDINANCE N0.29-2002
AN ORDINANCE OF THE CIIY
OF EDEN PRAIRIE, ;N°IINNESOTA
AMENDING CITY CODE CHAPTER 9
BYAI%IENDIl�ZG SECTION 9.71,SUBD.
7, RELATING TO MAINTENANCE
OF VEGETATION;AND ADOPTING
BY REFERENCE CITY CODE
CHAPTER 1 AND SECTION 9.99
WHICH, AMONG OTHER THINGS,
CONTAIN PENALTY PROVISIONS Affidavit of Publication
TEE CITY COUNCIL OF EDEN
PRAIRIE, MINNESOTAOieCity ' Southwest Suburban Publishing
Section 1.The EdenPrairie City Code
shallbeamendedbyamendingSection9.71 r
as follows:
' SECTION 9.71. MAINTENANCE i State of Minnesota
OF VEGETATION.Subd. 7.
A. Notice.Once afailureto comply )SS.
with the height, set back,maintenance, County of Hennepin
weed,and annual cutting requirements as
j requiredby this Sectionis identified,notice
ofsuch failure shall be given by the City to
the affected property owner. The notice f Stan Rolfsrud being duly sworn,on oath says that he is the authorized agent of the publisher of
shall state and describe the property � � g Y Y g
affected; allow seven (7) days for the the newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated
property owner to cause such vegetation as follows:
that if
such
vegetation
is not cut
removed
A This newspaper has com lied with the requirements constituting qualification as a legal
that if such vegetation is not cut,removed - ( ) P q � g q g
and/or treated for weeds within the stated I amended newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as
time the City will cause such vegetation to
be cut,removed and/or treated for weeds; The printed public notice that is attached to this Affidavit and identified as No
that all cost thereof will be billed to the B) P P
property owner payable within thirty was published on the date or dates and in the newspaper stated in the attached Notice and said
(30) days; and that if payment is not Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of
received within thirty(30)days,the costs I the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both
will be assessed against the property from inclusive,and is hereby acknowledged as being the JBy: A
f type used in the compositio
i which such vegetation has been removed I and publication of the Notice:
pursuant to and in accordance with j abedef hi klmno
Minnesota Statutes§429.101 oranysimilar g J P
provision hereafter enacted. The-notice
shall be served in the same manner as the
notice set forth in Section9.70,Subdivision `6.E. Rolfsrud,General Manager
B. Assessment.In all cases inwhich
vegetation is cut,removed and/or treated or his designated agent
for weeds or caused to be by the City,the 4 Subscribed and sworn before me on
costs,ifnot paid by the owner as provided
i herein, shall be assessed against the
property from which such vegetation is /y
cut, removed and/or treated for weeds
pursuant to and in accordance with this day of, 2002
Minnesota Statutes Section 429.101 or GWEN M.RADUENZ
any similar provision hereafter enacted. K,
NOTAI'Y PUBLIC MINNESOTA
Such assessments shall be paid with M Commission
interest,ininstallments,andwithinaperiod Y ExpiresJan.31,2005
not to exceed one(1)year form the date of
assessment. The City will not be Notary Public
responsible for damage to turfgrass and/or
any landscaped areas resulting from
enforcement of this ordinance.
Section2.City Code Chapter l entitled
"General Provisions and Definitions
Applicable to the Entire .City Code � RATE INFORMATION
Including Penalty for Violation" and
Section 2.99 entitled "Violation a Lowest classified rate paid by commercial users for comparable space....$20.00 per column inch
j Misdemeanor"are hereby adopted in their Maximum rate allowed by law for the above matter................................$20.00 per column inch
entirety,by reference,as though repeated I' Rate actually charged for the above matter.................................................$10.23 per column inch
verbatimherein.
Section3.This ordinanceshallbecome
effective from and after its passage and
publication.
FIRST READ at a regular meeting of
the City Council of the City of Eden Prairie
on the 15th day of October, 2002, and
finally read and adopted and ordered
published at a regular meeting of the City
Council of said City on the 12",day of
November,2002.
Nancy Tyra-LiZkeni, _`.lartr
ATTEST:
Kathleen Pcrta.Cit-.C'e-1:
tPublLh=!d in tr_Eder Prs; _1