10.51 - Lawn Maintenance
S 10.51
Section 10.51: Lawn Maintenance
Subdivision 1. Purpose
The purpose of this Section is to establish minimum standards for lawn
maintenance while recognizing that a variety of landscapes within a community
adds diversity and richness to the quality of life for all residents. Turf grass lawns
continue to be recognized as the dominant feature in the landscape; however,
alternatives to this traditional type of lawn are recognized as important parts of a
diverse and successful landscape.
Subdivision 2. Definitions
A. Maintenance Plan: A document submitted with an application for a Native
Vegetation Permit demonstrating a precise course of maintenance for
numerous individual plants in a landscape over months and seasons.
B. Native Vegetation: Those indigenous trees, shrubs, wildflowers, grasses
and other plants that have naturally adapted themselves to the climate and
soils of the area but require cultivation and maintenance to remain viable.
C. Native Vegetation Permit: A permit issued by the City pursuant to this
Section allowing an owner or occupant to cultivate Native Vegetation upon
his/her property, subject to the restrictions of this Section. A Native
Vegetation Permit exempts an owner or occupant from Subdivision 3(C) of
this Section.
D. Natural Habitat: Specially uncultivated valued and sensitive habitat
whereupon native vegetation exists in a pristine state and provides habitat
for a variety of species native to the area. Such vegetation shall maintain
itself in a stable condition with minimal human intervention.
E. Noxious Weeds: An annual, biennial, or perennial plant designated by the
MN Commissioner of Agriculture or the Council as injurious to public health,
the environment, public roads, crops, livestock, or other property.
F. Rank Vegetation: Uncultivated vegetation growing at a rapid rate due to
unplanned, unintentional, or accidental circumstances.
G. Turf Grass: Cultivated vegetation consisting of a highly maintained surface
of dense grass underlain by a thick root system.
H. Weeds: Unsuitable, unwanted, or uncultivated vegetation, often causing
injury to the desired vegetation type.
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9 10.51
Subdivision 3. General Requirements
A. All lot areas not designated for buildings, pedestrian or vehicle, parking,
recreation, and storage shall be provided with Turf Grass, Native Vegetation,
or combined ground cover of cultivated vegetation, garden, hedges, trees,
and shrubbery.
B. No owner or occupant of any lot shall allow to grow any Noxious Weeds on
any part or portion of said lot as designated by Minn. Stat. Sec. 18.78.
C. No owner or occupant shall allow any Turf Grass, Weeds, Native Vegetation
or Rank Vegetation to grow to a height greater than eight (8) inches on a
majority of any lot or parcel of land.
Subdivision 4. Exemptions
A. Vacant Land. The owner of vacant and unoccupied land consisting of a
contiguous tract of one (1) acre or more is exempt from Subdivision 3(C) of
this Section, provided that Weeds, Turf Grass, Native Vegetation, and Rank
Vegetation thereon are cut twice annually. The first cutting shall not be later
than June 1, and the second cutting shall be made between July 15 and
September 15.
B. Natural Habitat.
1. All private lands designated by the Council as Natural Habitat shall be
exempt from Subdivision 3(C) of this Section.
2. All public lands designated in the City's Comprehensive Plan as Natural
Habitat shall be exempt from Subdivision 3(C) of this Section.
C. Native Vegetation.
1. Native Vegetation Permit. Upon satisfaction and completion of all the
requirements of this Section, the City Manager or designee shall approve
all applications for a Native Vegetation Permit and issue such permit. A
Native Vegetation Permit shall grant any property owner or occupant so
interested the ability to cultivate Native Vegetation on his/her property
and exempt the owner and occupant from the requirements of Subdivision
3(C) of this Section. A Native Vegetation Permit shall be valid for five (5)
years from the date of approval. The City Manager or designee shall
approve no Native Vegetation Permit for any owner or occupant having
unresolved City code violations or administrative citations.
2. Application. The Application for a Native Vegetation Permit and Renewal
Application, which shall be provided by the City Manager or designee shall
contain the following:
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S 10.51
a. Statement of intent and purpose in cultivating Native Vegetation;
b. Site plan showing lot lines, buildings, location of proposed Native
Vegetation, the property's legal description, corner visibility
requirements as defined by Section 7.04 of City Code, and right-of-
way requirements as defined by Section 7.05 of City Code.
c. Latin and common names of the species the property owner or
occupant plans to cultivate;
d. Maintenance requirements for said species;
e. Name and address of a Professional Landscaping Company which has
been hired to perform maintenance on the Native Vegetation; or the
name, address, and qualifications of the person(s) who will be
responsible for maintenance of the Native Vegetation.
f. A Maintenance Plan, which shall contain the following:
1.) Planting diagram showing the location and mature height of all
specimens of Native Vegetation; and
2.) Detailed information on the upkeep of each specimen; and
3.) Details of any long-term maintenance required for the Native
Vegetation.
3. Revocation. The City Manager or designee may regularly inspect any
property holding a Native Vegetation Permit for compliance with the
Maintenance Plan on file with the City for the property. For any property
out of compliance with the Maintenance Plan, the City Manager or
designee shall give notice to the holder of the Native Vegetation Permit by
US Mail stating that the property must be in compliance with the
Maintenance Plan within thirty (30) days. Should that period pass without
action by the holder of the Native Vegetation Permit, the City Manager or
designee shall:
a. Revoke the Native Vegetation Permit;
b. Remove all improperly maintained Native Vegetation;
c. Declare the property ineligible for a Native Vegetation Permit, unless
sold, for a period of two (2) years; and
d. Assess the property for all fees associated with inspection of the
property and any removal of improperly maintained Native Vegetation
in accordance with Subdivision 5 of this Section.
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9 10.51
Subdivision S. Violations
A. On or before May 1 of each yearr the Clerk shall publish once in the official
newspaper a notice directing owners and occupants of property within the
City to remove all Turf Grassr Weedsr Noxious Weedsr Rank Vegetationr and
Native Vegetation not covered by a Native Vegetation Permit exceeding eight
(8) inches in height. Said notice shall state that if such vegetation is not
removed within ten (10) days after publication of said noticer it may be
removed by the Weed Inspector or his/her designee at the expense of the
property owner which may be assessed against the property in accordance
with Minn. Stat. Sec. 429.101.
Source: Ordinance No. 324, 2nd Series
Effective Date: 3-25-05
B. The Weed Inspector or his/her designee shallr seven (7) days prior to
removing any Turf Grassr Weedsr Noxious Weedsr Rank Vegetationr or and
Native Vegetation not covered by a Native Vegetation Permit send by U.S.
Mail a letter notifying the property owner of the upcoming removal and
stating that unless such is removed in accordance with this Sectionr such
shall be removed and the costs of removal shall be assessed against the
property in accordance with Minn. Stat. Sect. 429.101. Notwithstanding the
foregoingr any failure of the Weed Inspector or his/her designee to send such
a letter or for such a letter to be received by the property owner shall not
make notice ineffective. For properties for which there have been two (2) or
more notices issued within the prior twelve (12) month periodr a mailed
notice is not required. For those propertiesr the second notice issued within a
twelve (12) month period shall contain a general notice that the City may
abate future violations without providing additional specific notice of
violation.
Source: Ordinance No. 407, 2nd Series
Effective Date: 8-29-08
C. Property owners shall be notified by U.S. Mail immediately thereafter of any
work performed and all administrative and removal work costs involved and
that such will be assessed against the property. The Weed Inspector or
his/her designee shall keep a record of all properties whereupon removal was
necessary and the number of times it was necessarYr andr by October 1 of
each yearr he/she shall give copies of such records to the Clerk to file as
special assessments against each said property which shall become liens on
such lots or lands. This shall be an additional remedy and not in lieu of any
other penalty provided for in City Code or state law.
Source: Ordinance No. 324, 2nd Series
Effective Date: 3-25-05
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