2016-1112 Amending Existing City Code Section 820, Maintenance of Vegetation CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 2016-1112
AN ORDINANCE AMENDING EXISTING CITY CODE SECTION 820,
MAINTENANCE OF VEGETATION
THE CITY COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS:
Section 820 -Maintenance and Repair of Walks, Aprons and Vegetation
820.01. Definitions.
Subd. 1. "Current Service". The term means the removal from sidewalks
accumulation of snow, ice, dirt and rubbish; cut or eliminate weed growth, grass or other rank
vegetation.
Subd. 2. Driveway Apron. The term means a driveway area providing access to the
property of an owner or occupant extending from a public street to the boundary of the property
of said owner or occupant. (Amended ord. 98-810)
Subd. 3. Central Business District. For the purposes of this City Code section, this term
means the properties abutting Mainstreet from the Park Lane intersection to 17th Avenue and the
properties abutting 8th through 12th Avenues between 1st Street South and 1st Street North.
(Amended Ord. 06-974)
820.03. Walks And Weeds. The owner or occupant of property adjacent to a public
sidewalk, carriage walk, or driveway apron, shall maintain such areas in a clean and safe
condition for pedestrians at all times and shall not allow snow, ice, dirt or rubbish to remain
thereon longer than 12 hours after its deposit. (Amended Ord. 2006-975)
820.04. Maintenance of Vegetation.
Subd 1. For the purposes of this section, the following terms shall have the following
meanings:
a) "Garden" means a cultivated area dedicated to growing vegetables, fruits,
flowers, ornamental grasses, groundcovers, shrubs and similar plants that were
planted in a well-defined location.
b) "Native Plants" are those grasses (including prairie grasses), sedges (solid,
triangular-stemmed plants resembling grasses), forbs (flowering broadleaf
plants), trees and shrubs that are plant species native to or naturalized to the
state of Minnesota, excluding prohibited exotic species, as defined by
Minnesota Statutes Chapter 84D. Native plants do not include weeds.
c) "Native Plant Landscape Area" means an area where native plants are being or
have been planted in a designated area. A Native Plant Landscape Area does
not include garc.ens.
d) "Natural Area" means an area that was purposely left to grow in a natural state
and can maintain itself in a stable condition without human intervention and
contains trees, shrubs, and native plants, excluding weeds and turfgrass areas
that contain more than 50%turfgrass.
e) "Ornamental Grasses" means grasses that are not indigenous to the state of
Minnesota, that are intended to add beauty to a garden. Ornamental grasses do
not include turfgrasses or weeds.
f) "Turfgrass" means commercially available cultured turfgrass varieties.
including bluegrass, fescue and ryegrass blends, commonly used in regularly
cut lawn areas.
g) "Weeds" are (.) noxious weeds as defined and designated pursuant to the
"Minnesota Noxious Weed Law", Minnesota Statutes Sections 18.76-18.88, as
amended from time to time, or(ii) any volunteer plants, such as but not limited
to garlic mustard (alliaria petiolata), spotted knapweed (centaurea maculosa),
or burdock (arctium minus). The City Weed Inspector shall maintain a current
list of volunteer plants that are prohibited.
Subd 2. An owner or occupant of any lot or parcel of land in the City, or agent of any
such owner or occupant, shall not allow any herbaceous vegetation growing upon such lot or
parcel of land, or growing upon City right-of-way which abuts the lot or parcel of land, including
the area between any sidewalk or trail and the curb of the street to grow to a height greater than
ten(10)inches or allow such vegetation to go to seed or spread via root growth.
Subd 3. The provisions of Subd 2 shall not apply on private property:
a) To vegetation that is located:
1) On slopes equal to or steeper than three feet horizontal to one foot vertical
(3:1);
2) In Natural Areas.,
3) Within fifty feet of a Natural Area;
4) In a scenic or conservation easement;
5) In a garden;
6)In City park bands;
7)In a floodplain area designated on the official zoning map; or
8) Within a drainage pond or ditch which stores or conveys stormwater.
b) To Native Plant Landscape Areas,provided that:
1) They are sed back no less than one (1) foot from the property line. No
setback is required if (1) there is a fully opaque fence at least five feet in
height installed between the native plants and the side or rear lot lines or (2) ,
the native plants abut a neighboring Native Plant Landscape Area;
2) The Native Plant Landscape Area is cut at least once annually between April
15 and July 15 to a height no greater than ten(10) inches;
3) Turfgrass is eliminated and the native plants, trees and shrubs are planted
through transplanting or seed by human or mechanical means. Soil erosion
should be controlled while the ground is bare of plant growth that is
sufficient to inhibit erosion and is the sole responsibility of the owner or
occupant
Subd 4. The Native Plant Landscape Area, Garden. or Natural Area shall not obscure.
block or impede visual sight lines; regulatory, warning or street identification signs; or street
light illumination required to ensure the safe and efficient movement of vehicles and pedestrians
on streets, alleys, intersections,trails,pathways and sidewalks.
Subd 5. The City may require the owner or occupant who has planted, or has allowed to
be planted, native plants or other vegetation within a drainage or utility easement or a right-of-
way of a City street to remove the native plants or other vegetation from the right-of-way or
drainage and utility easement at no expense to the City. The City will not be responsible for
damage to turfgrass and/or any landscaped areas resulting from public use, public works
improvements or snow removal activities within right-of-ways or drainage and utility easements.
820.05. Public Nuisance. Failure of the owner and occupant to comply with the
requirements of Section 820.03 by allowing such accumulations or growth shall be deemed to be
a public nuisance.
820.07. Notice. Whenever the owner or occupant permits the continuance of a public
nuisance as defined in Section 820.05, the City shall serve notice upon said owner or occupant
by registered mail or personal service ordering such maintenance or removal within 48 hours
following receipt of the notice and further notice that noncompliance will be followed by such
maintenance or removal by the City at the expense of the owner or occupant and if unpaid, shall
be made a special assessment against the property concerned as hereinafter provided. (Amended
Ord.98-810)
820.08 Central Business District Notice. Whenever the owner or occupant of a Central Business
District property fails to remove snow/ice accumulation from abutting sidewalks and therefore
permits the continuance of a public nuisance as defined in Section 820.05, the City shall serve
notice upon said owner or occupant by registered mail or personal service ordering such
maintenance or removal within 24 hours following receipt of the notice and further notice that
noncompliance will be followed by such maintenance or removal by the City at the expense of
the owner or occupant and if unpaid, shall be made a special assessment against the property
concerned as hereinafter provided. (Amended Ord. 2006-974)
820.09 Assessment. On or before September 1 of each year, the City shall list the total of all
unpaid charges for each type of current service against each separate lot or parcel to which they
are attributable under this Section. The City may then spread the charges against the benefited
property as a special assessment pursuant to Minnesota Statute Section 429.101 and other
pertinent statutes for certification to the County Auditor and collection for the following year
with current real estate taxes due on said lots or parcels.
820.11 The City shall repair or replace carriage walks and driveway aprons when, in the opinion
of the City Engineer and subject to Council approval, such facilities are found to be in a state of
disrepair and pose a danger to the health and safety of the Public. Costs incurred shall be
assessed against benefited property as a special assessment pursuant to Minnesota Statute 429.
First Reading: June 21, 2016
Second Reading: July 12, 2016
Date of Publication: July 21, 2016
Date Ordinance takes effect: July 21, 2016
ADZ/. (L
Molly/Cummings, Mayor
ATTEST:
1 LAAAJ1.
ri
my Domeier, City Clerk
APPROVED AS TO FORM AND LEGALITY:
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