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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