Weed Ordinance Revision
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MEMORANDUM
July 25, 2005
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Weed Ordinance Revision
In July 2003, the Weed Ordinance was amended to remove the "notification of violation"
requirement for overgrown weeds and vegetation. Corporation Counsel Barry Lindahl
has presented a 2005 Iowa Supreme Court opinion that the Iowa Code requires a notice
to the property owner.
Public Health Specialist Mary Rose Corrigan is recommending City Council approval of
an amendment to the Weed Ordinance to provide for notification by certified mail in
order to comply with the requirements in the Iowa Code.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Mary Rose Corrigan, RN, Public Health Specialist
DUB~E
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MEMORANDUM
July 20, 2005
FROM:
, Public Health Specialist
TO:
Mary Rose Corrigan
SUBJECT: Weed Ordinance Revision
INTRODUCTION
This memorandum submits a change to the Weed Ordinance for City Council
consideration.
BACKGROUND
In July 2003, the City Council amended the Weed Ordinance to remove the "notification
of violation" requirement for overgrown weeds and vegetation. This meant that the
Health Services Department would hire the weeds cut after their inspection and follow-
up with a notice to the property owner that the weeds were going to be cut by a
contractor and assessed to the property. Although this new ordinance has worked
extremely well and has reduced the amount of inspections and reinspections, it is not
consistent with due process notice requirements and Iowa Code.
DISCUSSION
Barry Lindahl recently made me aware of an Iowa Supreme Court opinion that the Iowa
Code requires a notice to the property owner before a property can be assessed for the
abatement of a nuisance such as weeds (see attached Iowa Code section.) In order to
comply with the Iowa Code, a notice to the property owner must to be sent by certified
mail indicating what action the property owner must take and the time within which such
action must be taken before the costs for cutting the weeds can be assessed to the
property owner. Therefore, this will require a Health Department procedure of sending
a certified notice to the violator, reinspecting the property, and then ordering the weeds
to be cut by a contractor and assessing the costs to the property owner. Prior to July
2003, the ordinance allowed ten (10) days for the owner to comply with the Notice of
Violation. Allowing for mail delivery, weekends, and sometimes holidays, this ten-day
period often became much longer. Therefore, I am proposing a shorter timeframe for
compliance of five (5) days.
We have researched what other cities do, however, since the Iowa Code requires a
certified notice, it does not give much allowance for procedural changes. Some
communities put one notice in the newspaper each year stating the Weed Ordinance
procedure. However, the recent Iowa Supreme Court of Iowa ruling requires that the
City inform the property owner of the nuisance and what the property owner must do to
prevent the City from abating the nuisance at the property owner's expense. Publishing
a notice each year would not appear to satisfy that requirement.
RECOMMENDATION
It is recommended that the City Council approve the attached Weed Ordinance
revisions.
CITY COUNCIL ACTION
Approve the attached Ordinance.
MRC/cj
cc: Bill Blum, City Solicitor
Barry Lindahl, Corporation Counsel
David Harris, Housing Services & Community Development Manager
Jerelyn O'Connor, Neighborhood Specialist
Kathaleen Lamb, Senior Housing Inspector
Tim Link, Environmental Sanitarian
Rich Miller, Environmental Sanitarian Assistant
Preparer: Barry A. Lindahl, ESQ. Address: Suite 330 Harbor View Place DubuQue, IA 52001
Telephone: (563) 583-4113
ORDINANCE NO. 47-05
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES, SEC. 45-52 NOTICE TO
OWNER TO REMOVE AND SEC. 45-54 COLLECTION OF COST OF REMOVAL BY
CITY
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. Sec. 45-52 of the City of Dubuque Code of Ordinances is amended to
read as follows:
Sec. 45-52. Notice to owner to remove:
Whenever the city manager shall detennine 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 by certified mail to the owner of said lot or parcel
of land, or the owner's agent or attorney, notifying the owner of said
property to cut or destroy such weeds, vines or other growth and that if the
owner fails to remove such weeds, vines or other growth within five (5)
days after the mailing of such notice, the city manager will cause said
weeds, vines or other growth to be cut and destroyed and certify the
actual cost thereof to the city clerk who, in turn, will certify such cost plus
the costs of administration to the county treasurer and it will then
constitute a lien against said property and be collected with and in the
same manner as general property taxes on said property. The notice shall
also provide the owner with an opportunity for a hearing to contest the
detennination and abatement order. Prior to certifying such costs to the
city clerk, the city manager shall mail a written notice by certified mail to
the owner stating the costs to be certified and shall provide the owner with
an opportunity for a hearing to contest the amount of such costs.
Section 2. Sec. 45-54 of the City of Dubuque Code of Ordinances is amended to
read as follows:
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, shall fail to remove weeds, vines or other
growth within five (5) 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. This ordinance shall take effect upon publication.
Passed, approved and adopted this 1st day of
August, , 2005.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
Attest:
eanne F. Schneider, City Clerk
F:\USERS\
EFFECT OF AMENDMENT
Sec. 45-51. Owner Maintenance:
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, 9 37-49)
Sec. 45-52. Notice to owner to remove:
(Rep. by Ord. 46-03, 9 1, 7-7-2003)
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 by certified mail
to the owner of said lot or parcel of land, or the owner's Ri&-agent or attorney, notifying
the owner of said property to cut or destroy such weeds, vines or other growth and that
if the owner fails to remove such weeds, vines or other growth within five (5) days after
the mailing of such notice, the city manager will cause said weeds, vines or other
growth to be cut and destroyed and certify the actual cost thereof to the city clerk who,
in turn, will certify such cost plus the costs of administration to the county treasurer and
it will then constitute a lien against said property and be collected with and in the same
manner as general property taxes on said property.
Sec. 45-53. Duty to Remove:
It shall be the duty of an owner of any lot or parcel 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. (Code 1976,937-51; Ord. 46-03, 9 2,7-7-2003)
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, shall fail to remove weeds, vines or other growth, within five (5) 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, 937-52; Ord. 46-03,93,7-7-2003)
364.12(3)
3. A city may:
* * *
g. Require the cutting or destruction of weeds or other growth which
constitutes a health, safety, or fire hazard.
h. If the property owner does not perform an action required under this
subsection within a reasonable time after notice, a city may perform the
required action and assess the costs against the property for collection in
the same manner as a property tax. Notice may be in the form of an
ordinance or by certified mail to the property owner as shown by the
records of the county auditor, and shall state the time within which action
is required. However, in an emergency a city may perform any action
which may be required under this section without prior notice, and assess
the costs as provided in this subsection, after notice to the property owner
and hearing.
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HEALTH SERVICES DEPARTMENT
WEED PROCEDURE
>> Receive complaint - input information into Incident Tracking System
>> Environmental Sanitarian Assistant inspects complaint, takes digital photo
>> If violation, forward Secretary complaint form with info completed for owner letter,
etc.
>> Secretary mails certified letter, including photo of violation, to owner notifying
them of violation and completion date.
>> Reinspect property 5 days after mailing certified notice.
>> If no compliance, hire contractor to cut weeds.
>> Bills from contractors are due on Friday of the week weeds are cut
>> Secretary processes bills for payment
>> Secretary mails letter to owner notifying them of the costs, including $25
administration fee.
>> Secretary logs notification/cost info into spreadsheet
>> Monthly, Secretary notifies City Clerk's Office of property owner assessments,
who then forwards them to Courthouse for property tax special assessment.
CONTRACTORS (2004)
1. Debbie Roth 582-9282
2265 Prince St.
No large tractor
$12.38 per hour - maximum 68 hours/per two weeks
2. Bill Hamel 583-8885 or 590-6306 (cell)
Has full capacity
Average home lot - $40.00
Large subdivisions - $22.00 per hr for staff and machine
3. Mike Kluck 583-4613 or 213-0385 (cell)
Has full capacity
$48.00 per hr for Mike
$70.00 per hr for tractor
* If weeds have been cut (by owner) when contractor arrives, $30 "show-up fee" is
charged by contractor. This is not assessed to the property owner.
July 20, 2005