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ORDINANCE COMMITTEE
July 22, 2002
4:30 p.m.
Council Chambers
Members present: Mayor Pro Tem Getty, Berry, Welper, Greenwood, Clark, Jordan, Hurley.
Moved by Berry, seconded by Jordan that the Agenda, as proposed, be approved. Ayes: Seven.
Motion carried.
Lou Cutwright, Building Official/Maintenance Administrator, stated that Chapter 5, Vegetation,
regulates weeds in the city and the fines. Mr. Cutwright reviewed the weed complaint procedure.
Enforcement of weeds within the city is on a complaint basis. All weeds, vines, brush, grass and
noxious weeds or other growth which exceed a height of twelve inches growing on lots and
parcels of grounds within the city limits are declared to be a weed hazard and constitute a health,
safety and fire hazard and a public nuisance. Such hazards and nuisance shall be abated by the
property owner or person in possession of the property. Upon receipt of a complaint, a notice is
issued to the owner describing the nuisance or hazards on the property. The notice shall request
the abatement of the nuisance or hazard within five days from the date of service. Failure of the
owner to abate the growth within the time frame may result in the city's abating the growth and
assessing all costs against the affected property. If the property owner does not abate the growth
within the five days, the unmowed property is mowed by the city's contractor.
Mr. Cutwright stated that most of the weed problems are with absent landlords. The landlords
use the city's abatement program as a way to have their property mowed as it usually is cheaper
than hiring someone to mow the property throughout the season. Mr. Cutwright stated that it
usually takes between 15 to 30 days to have the property mowed from the time the city receives
the complaint.
Councilperson Hurley asked if the city is over generous in the notification time. Sang-Ki Han,
Assistant City Attorney, responded that state statute says the city must give a reasonable time. If
the weeds are declared to be an emergency, the city may perform any action required to abate the
growth without prior notice and to assess any costs to the property. An emergency constitutes a
health, safety or fire hazard to anyone.
Councilperson Hurley sated that the city does not practice what we preach as we have city lots in
residential areas that we do not keep mowed. Councilperson Hurley suggested that city -owned
lots be the number one priority.
Mr. Cutwright stated that in the past five or six years, because of downsizing of staff, priorities
are made as to whether city lots are mowed or to concentrate on residential lots.
Mr. Cutwright stated that the property owner is charged $65 for the first hour plus $20
administrative fee, and then $65 each additional hour. Each time the city mows the property, the
administrative fee doubles.
Councilperson Welper reported that since May 7, 2002 to July 3, 2002, the city received 467
complaints and 217 work orders were written on properties.
Councilperson Hurley suggested that volunteers and neighborhood associations be asked to help
with city parks. Councilperson Hurley stated that he would like to pose to the neighborhood
associations that we need their help, and that maybe we could have some kind of trade off with
the neighborhood associations. Mr. Cutwright stated that the city could be liable if someone is
injured or equipment is damaged when citizens are volunteering to work in the parks.
Councilperson Clark suggested that the twelve inch height be lowered to six or eight inch height,
that fines be raised, and if owners don't pay the city needs to sue them. Councilperson
Greenwood supported Councilperson Clark's suggestions.
Councilperson Getty asked Councilperson Clark to work with the Assistant City Attorney to
write a new ordinance and bring back to the committee.
Ordinance Committee
July 22, 2002
Page 2
With no further business before the committee, it was moved by Jordan, seconded by Berry that
the meeting be adjourned at 5:08 p.m. Ayes: Seven. Motion carried.
Nancy Eckert
City Clerk