ARTICLE 5 – Noxious Weeds
12.0501Definition
Whenever used in this ordinance, the term “noxious weeds” shall mean and include all weeds of the kind known as Canada Thistle, sow thistle, quack grass, leafy spurge (Euphorbia esula or Ruphrobia virgata), field bindweed, Russian knapweed, (Centaurea picris), hoary cress (Lapidium draba, Lepidium reoebs, abd Humenophysa pubescens), dodder, or any similar unwanted vegetation over eight inches in height.
12.0502Weeds Prohibited
No owner of any lot, place or area within the City or the agent of such owner, shall permit on such lot, place or area and the one-half of any road or street lying next to the lands or boulevards abutting thereon noxious weeds or other deleterious, unhealthful growths and tall grasses.
All weeds and long grass growing within the limits of the city are hereby declared to be a common nuisance and it shall be the duty of every person owning, occupying, or in charge of any premises, lot, or parcel of land in said city to keep such premises, lot, or parcel of land, including the legal bounds of adjacent rights-of-way such as adjacent berms and ditches, free from all weeds and long grass and to cut and destroy the same at all times during the growing season. An area having more than thirty percent (30%) of grass plants in excess of eight inches (8”) in length shall be deemed a violation of this section. For the purposes of this article, “noxious weeds” shall mean any species of plant of vegetation recognized by the North Dakota State Weed Board as noxious weed.
12.0503Notice to Destroy
It shall be the duty of the health officer to cause to be published in the official newspaper, a public notice of § 12.0502 Such notice shall be published once each May and again in July.
It shall be the duty of all property owners, occupants, or persons having control over private property to remove noxious or other weeds, and to maintain the growth of grass on such property so that it does not exceed eight inches (8”) in length. These requirements apply to areas along and upon any railroad, street, highway, alley, public place or along or upon any vacant or other lot or place within the city. An area having more than thirty percent (30%) of grass plants in excess of eight inches (8”) in length shall be deemed a violation of this section.
The City health officer is hereby authorized and empowered to notify in writing the owner of any lot, place, or area within the City or the agent of such owner, to cut, destroy, and/or remove any noxious weeds found growing, lying, or located on such owner’s property or upon the one-half of any road or street lying next to the lands or boulevards abutting thereon in excess of eight inches (8”) in length. Such notice shall be written and displayed or certified mail addressed to said owner or agent of the owner at their last known address and shall give such owner or agent a minimum of forty-eight (48) hours to cut or destroy the noxious weeds or tall grasses.
Notice of violation. Notice of violation of this article shall be mailed to the registered property owner as shown in the property tax records maintained in the city assessor’s office, upon any agent of the property owner, and upon any occupant of the property when appropriate. The owner, agent, tenant, or person in charge of the property shall take appropriate action to cut and/or keep down the growth of any noxious or other weeds, and maintain all grasses not to exceed eight inches (8”) in height, as directed by the health officer within the specified period of time.
12.0504Action Upon Non-Compliance
If the property owner, tenant, or agent fails to take such appropriate action within the time period as directed by the health officer, the health officer shall have the authority to cut or mow any noxious or other weeds and grasses. If the property owner, occupants, or persons having control over private property fail to cut the noxious weeds or other weeds and grasses, the health officer may cause the weeds and grasses to be cut and the actual expenses of cutting shall be certified to the county auditor, and all of the expenses shall be charged against the land of the landowner and shall become a part of the taxes to be levied against the land for the ensuing year and shall be collected in the same manner as other real estate taxes are collected, and placed to the credit of the respective subdivisions entitled thereto.
12.0505Abatement By City
(A) Upon the failure, neglect, or refusal of any owner or agent so notified to cut, destroy and/or remove noxious weeds or tall grasses growing, lying or located upon the owner’s property or upon the one-half of any road or street lying next to the lands or boulevards abutting thereon after receipt of the written notice provided for in § 93.03 or within forty-eight (48) hours after the date of such notice, the Health Officer is hereby authorized and empowered to pay for the cutting, destroying, and/or removal of such noxious weeds or tall grasses or to order their removal by the city.
(B) When the city has affected the removal of such noxious weeds or tall grasses, or has paid for their removal, the actual cost thereof, if not paid by the owner thereto, shall be charged and assessed against the property upon which the noxious weeds or tall grasses were cut or destroyed. An assessment list showing the lots or tracts to be assessed with the cost against each lot or tract shall be prepared as are other special assessment lists, and shall be approved by the governing body and shall bear interest at 7%. Such assessments shall be subject to the same procedure for certification to the County Auditor, payment and collection as are other special assessments under state law.
(C) Whenever any individual, firm, or corporation owning, occupying, or in charge of any premises, lot, or parcel of land within the limits of the city, shall neglect or refuse to comply with the provisions of this article, then it shall be the duty of the health officer to proceed forthwith to cause such nuisance to be abated by cutting or destroying said weeds and long grass, and in all cases shall proceed to assess and collect the expenses of the abatement of such nuisance upon the premises, lot, or parcel of land upon which the same may be found, or on which such expenses may be chargeable as in the case of expenditures for building sidewalks, or by suit in the name of the city against the owner, occupant, or agent in charge of such premises, lot, or parcel of land, and it shall be the duty of the health officer to report the amount of the expenses thereof to the city council in writing and a description of the premises lot, or parcel of land chargeable therewith, the name of the owner when known, and the name of the occupant of such premises, if occupied, or the name of the person in charge of such premises, lot, or parcel of land. In addition to suit in the name of the city against the owner, occupant, or agent in charge of such premises, lot, or parcel of land, the cost of abating such weeds and long grass, if not paid prior to the first day of November of each year, shall be certified to the county auditor as a special assessment against the property affected. Amounts charged for cutting or other abatement of weeds and long grass shall be determined by a resolution of the city council in accordance with the equipment/labor rate schedule.
