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Home My WebLink AboutOrdinance-2003-1304 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Edwards Council Bill No 31-2003 Ordinance No, 1304 Series of 2003 TITLE: AN ORDINANCE CONCERNING THE REGULATION OF WEEDS AND TALL GRASS WHEREAS, the Wheat Ridge Code of Laws (the "Code") currently has multiple sections concerning weeds and shrubs, and WHEREAS, the Code does not presently address tall grass, and WHEREAS, passage by the Colorado General Assembly of House Bill 03- 1140 mandates certain actions be taken by local governments concerning weeds NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Chapter 24 of the Code is hereby renamed "Vegetation," and a new Article III to that Chapter entitled "Weeds and Tall Grass" is added, with section numbers beginning with Section 24-50, Section 2. Code Section 1 5-23 is renumbered as Code Section 24,51, and the former Code Section 15-23 is shown as "reserved" Section 3. Chapter 24 is amended by the addition of a new section 24,50, entitled "Definitions," to read: Sec. 24-50 Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. The terms defined below shall be broadly interpreted to achieve the purposes intended Ornamental grasses means those plants of the Gramineae family having ornamental value and commonly used in formal lawn landscapes Tall grass means grass in excess of twelve (12) inches In height with the exception of ornamental grasses, Weed means weeds, grass, brush or other rank or noxious vegetation, and shall not include flower gardens, plots of shrubbery or vegetable gardens, nor shall GED\53027\445533.01 it apply to or be construed to require removal of any weeds from the city's owned or leased greenbelt natural area, Section 4. Former Code Section 15,23, renumbered by this Ordinance as Section 24,51, is amended as follows: Sec. 15 23 24,51. Weed AND TALL GRASS control. (a) All owners and occupants of land shall prevent property owned or occupied by them from becoming overgrown with weeds OR TALL GRASS. (b) It shall be unlawful for the owner or occupant of any undeveloped property zoned as agricultural, excluding the city's owned or leased greenbelt natural areas, to permit weeds OR TALL GRASS to grow on such property to a height of more than twelve (12) inches within a distance of one hundred (100) feet from any public street, highway or park, or within a distance of one hundred (100) feet from property lines adjoining any residential, commercial, industrial or open zone or use, (c) Weeds AND TALL GRASS shall be controlled by cutting, spraying or other lawful and suitable method of weea control. SUCH METHODS SHALL INCLUDE IRRADICATION, CONTAINMENT AND/OR SUPPRESSION, AS APPROPRIATE AND AS DEEMED BY THE CITY TO BE CONSISTENT WITH 35-5.5, 101 ET SEQ" C.R,S. (d) It shall be unlawful and shall be deemed a nuisance for the owner at occupant of any property, regardless of its zoning, to allow weeds OR TALL GRASS in excess of twelve (12) inches height to grow on the adjacent street or right-of-way VVhoro thoro ic an unintorruptod natural progrocsion and oontinuntion of privato proporty, suoh nc Inwn, gracc, low Ghrubc or ground oovor ndjacont to tho Gtroot right of way, tho adjacont proporty ownorG nro rocponciblo for mnintonanoo of tho aroa. (e) The APCO offioor CITY may NOTIFY PROPERTY OWNERS AND OCCUPANTS post proportioG in violation of this section EITHER BY POSTING THE PROPERTY, OR BY FIRST CLASS OR CERTIFIED MAIL, AT THE CITY'S OPTION. Such pocting notice shall be dated and shall include a statement directing that failure to cut and remove the weeds OR TALL GRASS within seven (7) days of the NOTICE pocting will result in the CITY CUTTING APCO offioor dirooting such weeds OR TALL GRASS eut and the actual cost of the cutting and/or removal, plus administrative fees of twenty-five (25) percent for the first cut, fifty (50) percent for the second cut and seventy,five (75) percent for the third cut within the same weea growing season, plus a fifteen (15) percent fee if not paid within thirty (30) days and a lion ic nccocGod, to bo, charged to the OWNER rocponGiblo pnrty notwithstanding the provisions of section 15-11 (a). 2 (f) If THE OWNER OR OCCUPANTS :my responsible party shall fail to cut weeds OR TALL GRASS, as required by this section, within seven (7) days after being notified to do so, By the ^PCO officer, the CITY officer may direct that the weeds OR TALL GRASS be cut and charge the cost thereof to the responsible party OWNER IN THE MANNER PERMITTED BY SEC. 24-10, (g) In the event that any reoponsible party tails to cut or destroy :md remove the weeds and s;:lid weeds are cut by order of the city, the total oost of outting suoh weeds, together v:ith five (5) percent for inspeotion, shall be paid to the city treasurer '.vithin thirty (30) d;:lYs following notioe of the aosessment of ouch ooot given to the owner of such open ;:Iroa by certified m;:lil. THIS SECTION SHALL NOT APPLY TO PROPERTIES ZONED FOR AND ALSO IN USE FOR AGRICULTURAL PURPOSES. THE CITY MAY PURSUE THE REMEDIES SET FORTH HEREIN WITH OR WITHOUT ALSO FILING A COMPLAINT IN THE MUNICIPAL COURT, AT THE CITY'S SOLE DISCRETION (Ord. No 2001,1219 g 1,5,21-01) Section 5. Code Section 15-28(a) is hereby repealed, Section 6. Code Section 15,28(b) is hereby renumbered as Section 24,12, entitled "Nuisance Plants," and as renumbered and retitled, is amended to read It shall be unlawful and deemed a nuisance to sell or import into the city or plant or cause to be planted any female cottonwood trees (Populus species), Boxelder (Acer negundo) or Siberian elm (Ulmus pumila) or other undesirable plants as designated by ordinance upon any property within the city and the planting or setting out of these certain plants is declared to be a menace to public health, safety and welfare and a public nuisance, WHICH MAY BE ABATED IN THE MANNER PROVIDED BY CHAPTER 15 (Ord, No. 2001,1219, g 1,5-21,01) Section 7. Code Section 24,7 is amended to read: See, 24-7. Planting, maintenance of trees, shrubs, etc., on public property Unless otherwise authorized by the city forester, and except for routine upkeep and maintenance, it shall be unlawful to cut, prune, spray, remove, treat or plant any tree OR shrub, et&.- upon the public right of way or other public place without first having obtained a permit from the city forester. Section 8. Code Section 24-10 is amended to read: Sec. 24,10 Cost recovery, The city forester is hereby authorized to recover the costs of enforcement of the provisions of this chapter from the owner of the affected property in the manner provided at sections 5 6 and 15 9 ARTICLE II OF CHAPTER 3 15 of this Code, or of sections 31-20-105-31-20-107, C RoS., or by civil action (Ord. No 1999-1157, ~ 1,5-10-99) INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 1 on this 14th day of July, 2003, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for July 28, 2003, at 7 00 o'clock p mo, in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 6 to 0, this 28th day of July, 2003. SIGNED by the Mayor on this Rrn day of A"!':">;r ,2003. ATTEST. ---~ I ~) " L ~ ( UX//J''j tchen Cerveny, 'M8yor _____ / -1 d ~' ^ ~~l' ?<--7'l< anda Sang, City C-1elk t;gP;;;~ Gerald Eo Dahl, City Attorney First Publication: July 20, 2003: Rocky Mountain News Second Publication: August 14, 2003 Wheat Ridge Transcript Effective Date: A 29 2003 ugust , 4