Weed Procedure Health ServicesMEMORANDUM
July 1, 2003
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Health Services Department Weed Procedure
Current City Ordinance requires weeds to be cut ten (10) days from the receipt of notice
of a violation. Current policy does provide for a second notice to the property owner if
the weeds were not cut. The majority of property owners comply within these two ten
day timeframes.
The current policy also addressed non-compliant, chronic violators by issuing a civil
citation and having the weeds cut by a contractor hired by the City and assessed
against the property owner. Usually, if the owner cuts the weeds themselves, the civil
citation fine is dropped. If a contractor cuts the weeds, it is added as a lien on the
property. Five Hundred Dollars is currently budgeted in the Health Services Department
to pay for the contractor cutting of the weeds. However, every year this is overspent to
a total of approximately $800 - $1,000.
Public Health Specialist Mary Rose Corrigan is requesting City Council review on two
options for changing the Weed Ordinance, and the policies and procedures pertaining to
it.
The first option changes the amount of time given to cut the weeds from ten to seven
days and deletes the second notice.
The second option removes the notification of a violation requirement altogether and
simply notifies the property owner that the weeds are going to be cut by a contractor.
This option is modeled after the current snow removal ordinance and policy
administered by the Engineering Division. In this option, the person would usually
receive the notice of removal of weeds before the work is done so they would have a
short timeframe to do it themselves.
Public Health Specialist Mary Rose Corrigan recommends the City Council approve one
of the two options to revise the Weed Ordinance.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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
July 3, 2003
TO:
FROM:
SUBJECT:
Michael C. Van Milligen, City Manager
Mary Rose-~o/~"~N, Public Health Specialist
Health Services Department Weed Procedure
INTRODUCTION
This memorandum provides options for changing the Weed Ordinance, Section 45-51
through 45-55 and the policies and procedures pertaining to it.
BACKGROUND
At the request of the City Council, the Health Services Department staff has developed
two possible changes to the current Weed Ordinance in conjunction with Barry Lindahl
and Bill Blum. The City of Dubuque Health Services Department receives several
hundred weed complaints each year. The Housing and Community Development
Department also receives weed complaints on vacant and abandoned building
properties and rental units.
Over 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
procedures were revised to offer 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 properties.
DISCUSSION
Current City Ordinance requires the weeds to be cut ten (10) days from the receipt of
notice of a violation. Our current policydoes provide for a second notice to the
property owner if the weeds were not cut. The majodty of property owners comply
within these two ten day timeframes.
The current policy also addressed non-compliant, chronic violators by issuing a civil
citation and having the weeds cut by a contractor hired by the City and assessed
against the property owner. Usually, if the owner cuts the weeds themselves, the civil
citation fine is dropped. If a contractor cuts the weeds, it is added as a lien on the
property. $500.00 is currently budgeted in the Health Services Department to pay for
the contractor cutting of the weeds. However, every year we continue to overspend the
amount to a total of approximately $800 - $1000.
I have drafted two possible changes to the current Weed Ordinance. The first changes
the amount of time given to cut the weeds from ten to seven days and deletes the
second notice (in the policy.)
The second option removes the notification of a violation requirement altogether and
simply notifies the property owner that the weeds are going to be cut by a contractor.
This option is modeled after the current snow removal ordinance and policy
administered by the Engineering Division. In this option, realistically, the person would
usually receive the notice of removal of weeds before the work is done so they would
have a short timeframe to do it themselves.
For either ordinance change, consistency between the Health Services Department and
the Housing and Community Development Department would be crucial. The Housing
and Community Development Department currently gives two seven-day notices for the
owner to cut the weeds. Their violators are typically landlords and vacant and
abandoned buildings, whereas, the Health Services Department deals mainly with
vacant lots and homeowner occupied properties.
The impact of either Ordinance change on staff somewhat uncertain. On one hand,
follow-up for compliance would be lessened since fewer notices would be given.
Therefore, there would be less paperwork and inspections. On the other hand, there
would be increased contact with contractors, bill payments, communications of liens to
be put on properties, and possible complaints from property owners who had their
weeds removed.
RECOMMENDATION
It is recommended that the City Council approve one of the two attached Weed
Ordinance revisions.
CITY COUNCIL ACTION
Approve one of the attached Ordinances.
MRC/cj
cc: Bill Blum, City Solicitor
Barry Lindahl, Corporation Counsel
David Harris, Housing & Community Development Department Manager
Jerelyn O'Connor, Neighborhood Specialist
Kathy Lamb, Senior Housing Inspector
Tim Link, Environmental Sanitarian
Rich Miller, Environmental Sanitarian Assistant
ORDINANCE NO. 46-03
AN ORDINANCE AMENDING CHAPTER 42 VEGETATION OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY REPEALING SECTION 45-52 NOTICE TO
PROPERTY OWNER TO REMOVE; BY AMENDING SECTION 45-53 COMPLIANCE WITH
REMOVAL NOTICE REQUIRED; BY AMENDING SECTION 45-54 COLLECTION OF COST
OF REMOVAL BY CITY; AND BY REPEALING SECTION 45-55 FAILURE TO COMPLY WITH
WEED REMOVAL NOTICE AFTER SERVICE OF SECOND NOTICE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 45-52 of the City of Dubuque Code of Ordinances is hereby
repeated.
Section 2. Section 45-53 of the City of Dubuque Code of Ordinances is hereby
amended to read as follows:
Sec. 45-53. Duty to remove:
It sha~l be the duty of an owner of any lot or parcel of land to remove weeds, vines or
other growth, by cutting or destroying such weeds, vines or other growth in such a manner as to
remove such hazard.
Section 3. Section 45-54 of the City of Dubuque Code of Ordinances is hereby
amended to read as follows:
In the event the owner of a lot or parcel of land, shall fail to remove weeds, vines or
other growth, 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 plus the costs of administration 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
property taxes on said property.
Section 4. Section 45-55 of the City of Dubuque Code of Ordinances is hereby
repealed.
Section 5. This Ordinance shall take effect upon publication.
Passed, approved and adopted this 7th day of July, 2003.
Terrance M. Duggan, Mayor
Attest:
Jeanne Schneider, City Clerk
day of July ,2003.
Ter~ce M. Dugga~, M~~.
HL
ORDINANCE NO. - 03
AN ORDINANCE AMENDING CHAPTER 45 VEGETATION OF THE CITY OF
DUBUQUE CODE OF ORDINANCES BY AMENDING SECTION 45-52 NOTICE TO OWNER
TO REMOVE; BY AMENDING SECTION 45-54 COLLECTION OF COST OF REMOVAL BY
CITY AND BY REPEALING SECTION 45-55 FAILURE TO COMPLY WITH WEED REMOVAL
NOTICE AFTER SERVICE OF SECOND NOTICE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 45-52 of the City of Dubuque Code of Ordinances is hereby
amended to read as follows:
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 at the owner's last known address, notifying the owner of said property to cut or
destroy such weeds, vines or other growth.
Section 2. Section 45-54 of the City of Dubuque Code of Ordinances is hereby
amended to read as follows:
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
seven (7) days after the mailing of such notice, 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 plus the costs of administration 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 property taxes on said property.
Section 3. Section 45-55 of the City of Dubuque Code of Ordinances is hereby
repealed.
Section 4 This Ordinance shall take effect upon publication.
Passed, approved and adopted this day of
.,2003.
Terrance M. Duggan, Mayor
Attest:
Jeanne Schneider, City Clerk
HL
ARTICLE III. WEEDS 44
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 is
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 at the owner's last known address, 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-(4~ seven (7) days after the mailing of such notice, 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 dty clerk who, in tum, shall certify such cost plus
the costs of administration 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 property
taxes on said property. (Code 1976, § 37-52)
.............................. ~..,..j ....................... _ccnviction
ARTICLE Ill. WEEDS 44
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 dear of any dense growth of weeds, vines, brush or other
vegetation that may constitute a health, safety or fire hazard and any such growth is
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 at the owner's last known address, 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 seven (7) days after the mailing of such notice, 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 plus
the costs of administration 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 property
taxes on said property. (Code 1976, § 37-52)
ARTICLE III. WEEDS 44
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 is
hereby declared a public nuisance. (Code 1976, § 37-49)
Sec. 45-53. Compliance with removal notice required.
............... o remove weeds,
It shall be the duty of anowner, ,"""~'~ .......... ....... ~. ....... ~'~'~'~ ~'' ~"*~"" ~ ~'~ *
vines or other growth, to cut or destroy such weeds, vines or other growth ':.";thin c
~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, ,.k..
Sect. .................. · .... .~.. ,.; ...... ,k ....... .~k shall fail to remove such hazard
,.,~,k~.. ............. ,..,. ~.~ n~/dc:.'c....~,"~" ,k~.,,.. ,.-~,..,,u~;""" ~. ''~ ---.-,,k .,....~..,""*~"~ 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 rum, 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 property taxes on said property. (Code 1976, §
37-52)
ARTICLE III. WEEDS 44
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 is
hereby declared a public nuisance. (Code 1976, § 37-49)
Sec. 45-53. Compliance with removal notice required.
It shall be the duty of an owner, to remove weeds, vines or other growth, to cut or
destroy such weeds, vines or other growth 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 hand, shall fail to remove such hazard it shall
be the duty of the dty 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 property taxes on
said property. (Code 1976, § 37-52)