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Weed Ordinance Revision 517B~ ~Vk.~ 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 ~Vk.~ 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. ~ 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