2013-21 BILL NO. 2013-21
AN ORDINANCE RELATING TO LAWN MAINTENANCE;
ALLOWING MAINTAINED MEADOW/PRAIRIE VEGETATION; AND
DECLARING NOXIOUS WEEDS AND INADEQUATELY MAINTAINED
VEGETATION TO BE A PUBLIC NUISANCE
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Section 925 of the Richfield City Code is amended by adding a new
subsection 925.06 to read as follows:
925.06. Public Nuisance Special Provision: Lawn Maintenance.
Subdivision 1. Preamble. The city council finds that there are a variety of
landscapes in the city that add diversity and a richness to the quality of life. There
are community expectations, however, that an area that has been disturbed,
landscaped, or otherwise maintained, will continue to be maintained in a
consistent manner. When vegetation in that area is not continually maintained, it
becomes aesthetically unpleasing and violates community standards. Property
that appears neglected may decrease the value of adjacent properties. In
addition, if vegetation is not properly maintained, there may be the following
adverse impacts on public health, safety, and welfare:
a. undesirable vegetation such as common buckthorn, quackgrass, and
other weeds may invade and threaten to supplant other more desirable
vegetation;
b. vegetation that causes allergic reactions, such as ragweed, may
develop; and
c. tall vegetation along driveways and public roads may impair visibility
when entering or exiting public roads.
The city council also finds that it is in the public interest to allow citizens to
choose the type of landscaping on their properties and to make changes in that
vegetation. As a protection for the larger community, however, this change in
vegetation must be properly managed and maintained and the length of the
transition period must be minimized.
The council finds that the establishment of prairie and meadow plant
communities is an acceptable landscape treatment in the city. This requires
special consideration, however, because weeds will grow during the first few
years of transition before the new vegetation predominates, resulting in an
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appearance of neglect. Therefore, the council finds that this type of vegetation is
acceptable if it is properly maintained to shorten the transition period and if notice
is given of the intended result.
In contrast, the transition to trees and other woody species does not require
special consideration because untended grass or weeds are not a necessary part
of that transition period. Rather, the transition period is shortened by eliminating
competition around the seedlings through such techniques as organic mulch.
The city council enacts this subsection to balance the public interest in a variety
of vegetation with the public need to ensure proper maintenance of that
vegetation. The council finds that establishing a height limitation for certain
vegetation is in the best interest of the public health, safety, and welfare as
outlined above and is a reasonable maintenance standard.
Subd. 2. Definitions. For purposes of this subsection the following words
have the meanings specified below.
a. "Meadow vegetation" means grasses and flowering broad-leaf plants
that are native to, or adapted to, the state of Minnesota, and that are
commonly found in meadow and prairie plant communities, except
weeds.
b. "Noxious weeds" are those plants so designated by the state of
Minnesota under Minn. Stat. § 18.77, subd. 8.
c. "Regularly cut" means mowing or otherwise cutting the vegetation so
that it does not exceed six (6) inches in height.
d. "Turf grasses" are grasses commonly used in regularly cut lawn areas,
such as bluegrass, fescue and rye grass blends, and non-woody
vegetation interspersed with them.
e. "Weeds" include all noxious weeds, buffalobur, burdock, common
cocklebur, crabgrass, dandelions, jimsonweed, quackgrass, common
and giant ragweed, field sandbur, velvetleaf, and wild sunflower.
Weeds also include anything that is horticulturally out of place. For
example, a tree seedling is a weed in a vegetable garden, in a gutter or
near near the foundation of a house or garage. A property owner may
establish that a plant or plants are not horticulturally out of place by
providing a written landscape plan for the area in question, complete
with a listing and locations of plant species. The plants specifically
listed above may not be included within the landscape plan. Vegetation
that does not comply with this plan are weeds.
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Subd. 3. Maintenance standard. The maintenance standard in this
subsection applies to property that has been developed with a building as
defined in the building code, including vacant property combined with developed
property for tax purposes, and a parcel of property that has been completely or
partially disturbed by demolition, grading or other means in preparation for
development or redevelopment.
a. All turf grasses and weeds, including weeds within a meadow
vegetation area, must not exceed a height of six (6) inches, measured
from the base at ground level to the tip of each stalk, stem, blade, or
leaf.
b. This requirement does not apply to the following:
(1) a wetland or floodplain designated in the zoning ordinance and
required wetland buffers or those voluntarily created by a land
owner when compatible with the character of the neighborhood
and the intent of the wetland protection ordinance, Section 427 of
this code;
(2) a drainage pond or ditch that stores or conveys stormwater;
(3) the Woodlake Nature Center;
(4) an area in which the land and vegetation appears not to have
been graded, landscaped, mowed, or otherwise disturbed by
human or mechanical means at any time. Determination of what
constitutes this type of area will be based on a reasonable
judgment of the present appearance of the area. The recent
history of the area may be relevant to this determination; and
(5) an area established with meadow vegetation if:
(a) the prior vegetation is eliminated and the meadow
vegetation is planted through transplanting or seed by
human or mechanical means; and
(b) a sign is posted on the property in a location likely to be
seen by the public, advising that a meadow or prairie is
being established. This sign is required only if the meadow
vegetation is in an area likely to be seen by the public. This
sign must be in addition to any sign permitted by the sign
ordinance but must be no smaller than ten inches square,
no larger than one square foot, and no higher than three
feet tall.
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Subd. 4. Declaration of public nuisance. The following are public nuisances
subject to abatement under this section:
a. noxious weeds;
b. vegetation that does not meet the maintenance standard specified in
subdivision 3 above; and
c. vegetation that violates the sight-distance standards in subsection
925.01, subdivision 4(a) of this code.
Sec. 2. This Ordinance will be effective in accordance with Section 3.09 of the
City Charter.
Adopted this 24th of September, 2013.
413 a a la/
By: _ed'_,AArr
Debbie Goettel, Mayor
ATTEST:
jj-
Nancy Gibbs, ' ty Clerk
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AFFIDAVIT OF PUBLICATION Lily of Richfield
STATE OF MINNESOTA (Official Publication)
)SS SUMMARY PUBLICATION BILL
COUNTY OF HENNEPIN ) NO.2013-21
AN ORDINANCE AMENDING SEC-
Jeremy Bradfield being duly sworn on an TION 925 OF THE CITY CODE BY
ADDING A NEW SUBSECTION RE-
oath, states or affirms that they are the LATING TO LAWN MAINTENANCE;
Authorized Agent of the newspaper(s)known ALLOWING MAINTAINED MEADOW/
PRAIRIE VEGETATION; AND DE-
as: GLARING NOXIOUS WEEDS AND
INADEQUATELY MAINTAINED VEGE-
SC Richfield TATION TO BE A PUBLIC NUISANCE
On September 24,2013,the Richfield
City Council adopted an ordinance
and has full knowledge of the facts stated gesigonfatz:i:licahs iss stated2abo e.Th s
below: summary of the ordinance is pub-
(A)The newspaper has complied with all of thee RichfeldaCity Charter.nThe purl
the requirements constituting qualifica- pose of the ordinance is to allow for
tion as a qualified newspaper as provided a variety of landscaping in the city,
q p including more non-traditional types
by Minn. Stat. §331A.02, §331A.07, and of landscaping such as prairie or
other applicable laws as amended. meadow vegetation. The ordinance
provides maintenance standards and
(B)This Public Notice was printed and pub- requirements for transitioning to this
lished in said newspaper(s) once each n trypndscaping
and-declares aditional notxioe us o weeds and in-
week, for 1 successive week(s); the first adequately maintained vegetation
insertion being on 10/03/2013 and the last to be a public nuisance. Copies of
the ordinance are available for pub-
insertion being on 10/03/2013. lic inspection in the office of the City
Clerk during normal business hours
or upon request by calling 612-861-
0 9760 of the Community Development
Division.
/s/Nancy Gibbs,City Clerk
By: 10/03/13 Bill 2013-21
ir Authorized Agent
Subscribed and sworn to or affirmed before
me on 10/03/2013.
Notary Public
,S
vy, a, DIANE L. ELIASON
F�-
,, NOTARYPUBUC-MINNESOTA
•'t` .t 1` My Comm.Exp.Jan.31,2015 1:
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