PUBLIC NOTICE

City of Fayette

ORDINANCE NO. 495

AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF FAYETTE, IOWA, BY ADDING REGULATIONS FOR A GRASS, WEEDS, VINES AND BRUSH CODE.

BE IT ENACTED by the City Council of the City of Fayette, Iowa, as follows:

That the Code of Ordinances of the City of Fayette, Iowa, is hereby amended by adding thereto as Chapter 52, the following:

CHAPTER 52

GRASS, WEEDS, VINES AND BRUSH

52.01          Purpose                                                                                                            52.05      Notice to owners

52.02          Definitions                                                                                                        52.06      Appeals

52.03          Maintenance of boulevard, residential and commercial property           52.07      Failure to comply

52.04          Exemptions                                           

52.01     PURPOSE. The purpose of this chapter is to require owners of residential and commercial property to cut their grass, weeds, vines and brush when it exceeds approximately eight inches in height or which are obnoxious or unsightly.

52.02     DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

1. “Boulevard” means the property outside a property owner’s lot and property lines and inside the curb lines upon the public streets or, in the absence of a curb, from the traveled portion of the public streets to the lot or property.

2.   “Commercial Property” means a property located in an area occupied by a business or where commercial activity or enterprise customarily engaged in as a means of livelihood or occupation, usually although not necessarily with intention of producing gain or profit.

3.   “Residential Property” means a property located in an area occupied by residential dwellings included but not limited to houses and apartments and any property within 200 feet of a dwelling.

52.03     MAINTENANCE OF BOULEVARD, RESIDENTIAL AND COMMERCIAL PROPERTY. All owners of residential or commercial property shall maintain their property and the abutting boulevard by cutting or destroying all grasses, weeds, vines and brush when the growth exceeds approximately eight inches in height or which are obnoxious or unsightly.

52.04     EXEMPTIONS. The following areas are exempt from the requirements of 52.03:

            (A)       Property parcel that is ten acres or larger unless the parcel is commercially or industrially developed;

            (B)       Agricultural land;

            (C)       Garden plants, orchards, vineyards, farm crops;

            (D)       Arboretums, city recognized areas for the growth of native grass, flower prairie, prairie grass or similar growth, provided that the owner has been granted an exemption by resolution of the Council, maintains the area free of weeds and there is no safety, health or fire hazard created by permitting the growth; and

            (E)       Hillsides exceeding a two to one slope unless the growth creates a public health, safety or fire hazard.

52.05     NOTICE TO OWNERS.

            (A)       For the first violation of this chapter in each calendar year on a parcel of property, the Public Works Director, Police Chief or designee shall notify the property owner by certified U.S. mail, return receipt requested, or served by personal service of a Sworn Law Enforcement Official that a condition that violates the terms of this chapter exists and shall notify the property owner of the actions that must be performed to correct the condition and the notice shall state that the condition shall be corrected within five days from the date that the notice is received, returned to the city unclaimed or personally served.

            (B)       For subsequent violations on the same parcel of property owned by the same person in the same calendar year a written notice will not be sent. For subsequent violations, the Public Works Director, Police Chief or designee shall verify the violation exists and that the parcel of property is still owned by the same person to whom the first notice was sent. If a subsequent violation exists, the Public Works Director, Police Chief or designee shall order the work done by city employees or by a contractor.

            (C)       The City Administrator/Clerk shall publish in the local newspaper prior to May 1 of each year a notice advising the public that city ordinance requires the cutting of grasses, weeds, vines and brush exceeding eight inches in height and notice of violation will be mailed only once a year for each property. Subsequent violations will not receive a written notice.

52.06     APPEALS. If the property owner objects to the notice of action required under this chapter, the objection shall be filed by the property owner with the City Administrator/Clerk’s office in writing within five days of the date of the notice. The objection shall be heard by the Public Works Director, Police Chief or designee without unnecessary delay and the Public Works Director, Police Chief or designee shall make a decision regarding the notice and shall immediately notify the property owner of the decision in writing. Failure to appeal within the time specified constitutes a waiver of all rights to a hearing.

52.07     FAILURE TO COMPLY. If the property owner fails to maintain the property as required under this chapter after notice is given as provided in this chapter, the Public Works Director, Police Chief or designee shall order the work to be done by city employees or by a contractor. The total cost of the expense of the work done, including any administrative fees, shall be paid by the property owner. Failure to pay shall result in the cost being assessed against the property for collection in the same manner as a property tax.

REPEALER.   All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed.

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.

WHEN   EFFECTIVE.   This Ordinance shall be in effect upon its passage, approval and publication as provided by law.

Passed by the Council this 5th day of June, 2017, and approved this 5^th day of June, 2017.

Andrew Wenthe, Mayor, City of Fayette

Attest: Kris R. McGrane, City Administrator/Clerk

First reading of Ordinance Amendment: June 5, 2017.

Second and Third readings of Ordinance Amendment: Waived on June 5, 2017.

Anticipated Publication date: June 14, 2017.

Effective date: June 15, 2017.

Passed by the Council this 5th day of June, 2017, and approved this 5th day of June, 2017.

Andrew Wenthe, Mayor, City of Fayette

Attest: Kris R. McGrane, City Administrator/Clerk

First reading of Ordinance Amendment: June 5, 2017.

Second and Third readings of Ordinance Amendment: Waived on June 5, 2017.

Anticipated Publication date: June 14, 2017.

Effective date: June 15, 2017.

RESOLUTION #2017-13  

A RESOLUTION OF FINDING LONG GRASS AND WEEDS GREATER THAN 8 INCHES ARE CONSIDERED OBNOXIOUS AND A NUISANCE TO THE PUBLIC.

WHEREAS, the City Council of the City of Fayette, Iowa, is committed to the orderly maintenance of property; and

WHEREAS, the citizens desire a uniform standard regarding what is an acceptable maintenance standard for lawns; and

WHEREAS, as long grass, debris and unsightly weeds are obnoxious and a nuisance to the public in general;

THEREFORE, BE IT RESOLVED that:

1. The City of Fayette considers grass and weeds longer than 8 inches in height and debris to be a nuisance and obnoxious to the public.
2. The City of Fayette establishes the following rate for city actions taken to abate nuisances such as these:

1. Mowing per lot $250 plus $50 per hour for each hour over the first hour spent on the mowing and cleaning of the property.
2. Cleaning of debris shall be assessed at a rate of $100 per hour.

All resolutions, motions or orders or parts thereof in conflict herewith be and the same are hereby repealed, and this resolution shall be effective forthwith upon its passage and approval.

This resolution shall be in effect upon its passage and approval as provided by law.

Passed and approved by the City Council of the City of Fayette, Iowa this 5^th day of June, 2017.

Andrew Wenthe, Mayor, City of Fayette

Attest: Kris R. McGrane, City Administrator/Clerk

June 5, 2017, Record of Roll Call Vote:

AYE - Kragnes, Larson, Nefzger, Tucker   ABSENT - Wulfekuhle