Weed Control Policy - Health DeMEMORANDUM
June 11,2003
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Health Services Department Weed Procedure
Council Member Roy Buol has asked that the Dubuque Weed Ordinance and its
enforcement be placed on the City Council Agenda.
Public Health Specialist Mary Rose Corrigan has provided information on the ordinance.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Mary Rose Corrigan, RN, Public Health Specialist
CITY OF DUBUQUE, IOWA
MEMORANDUM
June 11,2003
TO:
FROM:
SUBJECT:
Michael Van Milligen,
.....
Mary Rose Cordgan~ RN, Public Health Specialist
Health Services Department Weed Procedure
INTRODUCTION
This memorandum explains the policies and procedures for enforcing the City of
Dubuque Weed Ordinance, Section 45-51 through 45-55 (see attached.)
BACKGROUND
The City of Dubuque Health Services Department receives several hundred weed
complaints each year. (See attached chart) The past two years, the Health Services
Department has revised both the weed and garbage procedures, in conjunction with the
Housing and Community Development Department and the Operations and
Maintenance Solid Waste activity. The procedure was revised to allow for adequate
notice to a property owner to cut their weeds and overgrown brush and also to address
the issue of chronic offenders or property owners who typically do not maintain the
vegetative growth on their property,
DISCUSSION
The City Ordinance requires the weeds to be cut ten days from receipt of notice of a
violation. Our policy does provide for a second notice to the property owner if the
weeds were not cut. The second notice is given to allow for inclement weather and
other problems which may prevent the property owner from cutting the weeds. The
majority of property owners comply within these two ten-day timeframes.
If compliance does not occur, a civil citation is issued and the weeds are either cut by
the owner or by a contractor hired by the Health Services Department. If the owner
cuts the weeds, the civil citation fine is usually dropped. The cost of cutting the weeds
(by a contractor) is added as a lien on the property. Depending on the court date for
the civil citation and how quickly the contractor can cut the weeds, this process may
take over a month.
If a complaint is received on a property owned by a chronic offender, a civil citation is
issued with the first notice.
A chronic offender is defined as:
A property owner who has received, but not complied with weed notices for
twenty consecutive days dudng a single season or a property owner who in
previous seasons was a chronic offender or routinely requires notice to
maintain overgrown vegetation.
This definition was changed in May of this year to allow for sending a citation with the
first notice of violation for a chronic offender. Previously, the chronic offender definition
did not account for past year's violations.
Civil citations must be delivered via certified mail with return receipt, or by a police
officer/sheriff. The serving of the citation can affect the timeliness of the court date,
since we have to allow time for the property owner to receive the citation before the
court date.
Money is budgeted in the Health Services Department to pay for the contractor cutting
the weeds. The budget is around $500. However, each year we continue to overspend
the amount to a total of around $800 - $1000.
MRC/cj
Sec. 45-51. Duty of owner to remove.
It shall be the duty of the owner of any lot or parcel of land within the limits of the city to
maintain the same free and clear of any dense growth of weeds, vines, brush or other vegetation
that may constitute a health, safety or fire hazard and any such growth/s hereby declared a public
nuisance. (Code 1976, § 37-49)
Sec. 45-52. Notice to owner to remove.
Whenever the city manager shall determine that the nature or quantity of weeds, vines, brush or
other growth on any lot or parcel of land in the city is such as to constitute a health, safety or fire
hazard, the city manager shall mail a written notice to the owner of said lot or parcel of land, or
his agent or attorney, notifying the owner of said property to cut or destroy such weeds, vines or
other growth. (Code 1976, § 37-50)
Sec. 45-53. Compliance with removal notice required.
It shall be the duty of an owner, notified as provided in Section 45-52 to remove weeds, vines or
other growth, to cut or destroy such weeds, vines or other growth within a reasonable time and in
such a manner as to remove such hazard. (Code 1976, § 37-51)
Sec. 45-54. Collection of cost of removal by city.
In the event the owner of a lot or parcel of land, who has been notified pursuant to Section 45-52
to remove weeds, vines or other growth, shall fail to remove such hazard within ten (10) days
after the mailing of such not/ce, it shall be the duty of the city manager to cause said weeds, vines
or other growth to be cut and destroyed and to certify the actual cost thereof to the city clerk
who, in turn, shall certify such cost to the county treasurer and it shall then constitute a lien
against said property and be collected with and in the same manner as general propcu~y taxes on
saldproperty. (Code 1976, § 37-52)
Sec. 45-55. Failure to comply with weed removal notice after service of second
notice.
In the event the owner ora parcel of land who has been notified pursuant to section 45-52 to
remove weeds, vines or other growth shall fail to remove such hazards within ten (1 O) days of
receipt of the second notice or within ten ( 1 O) days after the mailing of such second notice shall
be deemed guilty of a misdemeanor and upon conviction thereof shall be punished as provided in
section 1-8 of this Code. (Code 1976, § 37-53)
WEED PROCEDURE
Fimt notice-regular mail 10
days allowed for action
Compliance?
Jf No
Second notice - certified
mail or served - 10 days
allowed for action.
Compliance?
~ No
Citation - certified mail or
served
Compliance?
Court fines
Cut by contractor
Weed complaint
received and validated
NoII Chronic offender?.
Yes
Notice and citation -
certified mail or served
Yes ..r No further action (NFA) I Yes
"1 Void Citation (NFA) ~
offender
Yes NFA, but now chronic
Compliance?
Chronic offender
court fines
Chronic Offender
Property owner who has
received, but not complied with
weed notice(s) for 20
consecutive days dudng a
single season. Property owner
who in previous season(s) was
a chronic offender or routinely
requires notice to maintain
overgrown vegetation.
Revised 06/11/03