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Ordinance No. 1232 06-12-2006ORDINANCE NO. 1232 OFFICIAL TITLE AND SUMMARY I. Title An ordinance of the City of Fridley, Minnesota, Amending the Fridley City Code Pursuant to Section 3 of the Fridley City Charter, to replace Chapter 105 — Weeds with a new Chapter 105 — Landscape Maintenance. IL Summarv The City Council of the City of Fridley does hereby ordain as follows: That Chapter 105 — Weeds is hereby deleted in it entirety and replaced with a new Chapter 105 — Landscape Maintenance. In summary, the new Chapter 105 establish minimum standards for landscape maintenance and to protect surface water quality by allowing natural areas where they can benefit water quality throughout the City. III. Notice This title and Summary has been published to clearly inform the public of the intent and effect of the City of Fridley's Zoning ordinance. A copy of the ordinance, in its entirety, is available for inspection by any person during regular business hours at the offices of the City Clerk of the City of Fridley, 6431 University Ave N.E., Fridley, MN. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 12TH DAY OF JUNE, 2006. ���� �� ott . Lun , ayor ATTEST: �� Debra A. Skogen, City Clerk Public Hearing: December 12, 2005 First Reading. May 22, 2006 Second Reading: June 12, 2006 Publication: June 22, 2006 ORDINANCE NO. 1232 AN ORDINANCE REPEALING CHAPTER 105 OF THE FRIDLEY CITY CODE PERTAINING TO LANDSCAPE MAINTENANCE The City Council of the City of Fridley hereby finds, after review, examination and recommendation of staff, that the Fridley City Code be hereby amended as follows: �. �x'� (Ref . 397) � � � • • _ � • . . �...,�.� .� � :��. . . . :, - - .-.�. f�l3�Efff:�:�'R�fE!!'l'I:ZfE . - - - - - - � � • . � �..��i-.� �� u � � � � I. � � 1 1 � � . � • � � I� ' \ ' ♦ Ord. No. 1232 Page 2 � � . � . . .����K� . _...,�.�.� _ ...---- -- -...,_. . .. 105. LANDSCAPE MAINTENANCE 105.01. PURPOSE The purpose of this section of City Code is to establish minimum standards for landscape maintenance and to protect surface water quality by allowin� natural areas where they can benefit water quality throu�hout the Cit� 105.02. DEFINITIONS 1. Desi�nated Natural Area An area of native plants that has never been disturbed or an area intentionally planted with native perennial ve�etation �reater than ten (10) inches in hei�ht that has an ed�ed border separatin� it from areas of turf r.°� ass. 2. Garden A cultivated area dedicated to the r.°� owin.°� of ve et.°� ables, fruit, flowers,�erennials, shrubs, and similar plants that were specifically planted in that location and common weeds are not the predominant ve�etation. 3. Landscape The area of a parcel of land that is not covered with an impervious surface. 4. Lot A parcel of land adjacent to a street or road, includin t.°� he ri�ht-of-way between the property and the curb. 5. Noxious Weeds Includes both prohibited noxious weeds and secondary noxious weeds as defined by the State of Minnesota Department of A�riculture. (Note: this does not include dandelions� 6. Ri�ht-of-WaX Ord. No. 1232 Page 3 The area on, below, or above a public roadwa�, hi.°�hwa�, alle�, street, bicycle lane,�ublic sidewalk, and boulevard in which the City has an interest, includin� the dedicated ri.°�hts- of-way for travel purposes and utility easements of the City. A Ri�ht-of-Way does not include the airwaves above a Ri�ht-of-Way with re�ard to cellular or other nonwire telecommunications or broadcast service. 7. Waterwav Any body of water that receives storm water runoff, includin� wetlands, lakes,�onds, streams, rivers, and reservoirs. Shall not include water flowin� on streets, or pooling for less than 24 hours on private property after a rain event. 8. Wooded Area An area of trees and other native blant materials identified as follows: for everv 100 feet of area considered, there shall not be less than six (6) trees, each of a six inch (6"� caliper measurement, measured at a point of six inches (6') above �rade from the base of each tree measured. 105.03. REQUIRED MAINTENANCE Landscape areas of all properties must be maintained by the owner to be free of noxious weeds. Ground cover, except for trees and shrubs, in landscaped areas may not exceed ten (10) inches in avera.°�e hei�ht except for �ardens and desi�nated natural areas. Desi�nated natural areas which do not need to be ed�ed include: Drainage ponds, ditches, lakeshore areas,�arks, 3 to 1 or �reater slopes, streambanks, vacant lots, wetlands, or wooded areas. Landscaped areas must be kept free of litter. Ve�etation shall not be permitted to be over�rown or encroach onto adjacent properties. Failure to complv is a nuisance. 105.04 INTERVENTION BY THE CITY If the provisions of Section 105.03 are not complied with, the City Mana�er or his/her desi'°�nee shall �ive written notice to the owner of the property in violation. If the property owner fails to brin� the violating�roperty into compliance with Section 105.03 within the time specified or if the owner of the property cannot be located, desi�nated City staff shall have the landscape brou�ht into compliance and invoice the property owner for the cost of such service and abatement administrative cost. If the property owner fails to pay the invoiced cost within 30 days, the invoiced cost of these services and an additiona125% assessment fee will be certified to Anoka County and assessed to the property's taxes. 105.05. PROTECTION OF WATERWAYS 1. In addition to proper landscape maintenance, all property owners in the City of FridleX must protect surface water quality throu�h the followin� measures: Ord. No. 1232 Page 4 A. No person is permitted to deposit leaves, �rass cli�pin�s, or other plant waste within twenty-five (25) feet of a waterway or ten (10) feet of a bluffline, whichever is rg eater. B. No person is permitted to deposit or store yard wastes of any kind in a ri�ht-of-way or roadwa�, except as permitted in Chapter 113 or in the process of maintainin.°� the ri�ht-of-wa� C. E�treme care must be taken to prevent landscape fertilizers,�esticides, and herbicides from fallin.°� on a paved surface. Any a�plied �ranular landscape fertilizer,�esticide, or herbicide must be swept from any paved surfaces immediately upon completion of application as specified in State Statutes. Commercial lawn care product a�plicators must post public notification si�ns when lawn care products are a�plied. No person shall remove such si�ns for 48 hours, as required by law. 105.06. PENALTIES Any violation of this Chapter is a misdemeanor and is subject to all penalties provided for such violations under the provisions of Chapter 901 of this Code. Each day that the violation exists or continues to exist shall be deemed a separate offense. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 12TH DAY OF J UNE, 2006. ������ Scott J. Lund, Mayor ATTEST: �• � Debra A. Skogen, City Cl�fk Public Hearing: December 12, 2005 First Reading May 22, 2006 Second Reading: June 12, 2006 Publication: June 22, 2006