|
ORDINANCES PET SOLID WASTE - COLLECTION AND DISPOSAL. Every owner or person having control of a dog or cat shall collect and properly dispose of the dog’s or the cat’s solid waste when eliminated. It is an offense subject to a fee of twenty-five dollars ($25.00) for a first time offense and fifty dollars ($50.00) for every subsequent offense, to allow a dog or cat to eliminate solid waste on another’s private property without permission, or upon boulevards, parks, school property, or other property used for education purposes, and fail to properly collect and dispose of such waste. Prosecution for such offense may only be brought upon complaint signed by the person who observed the violation. WEED AND MOWING CONTROL PROGRAM Weed and mowing control program established. There is hereby established a program for the control of weeds and mowing of grasses within the jurisdictional limits of the city. The control program, as established, may operate in conjunction with any other control authority or officer. Definitions. As used in this article. Control shall mean to prevent the spread of any noxious weed, designated by the weed and mowing control officer, by seed or any other propagating part, and mowing of grasses in excess of eight (8) inches. Control authority shall mean the weed and mowing control officer and such officer’s assistants, and the board of the city commissioners. City weed and mowing board shall mean members of the board of city commissioners, acting as such. Eradicate or eradication shall mean to destroy a plant so that it is not viable. Landowner shall mean any owner of federal, state, municipal or private land, under statutory authority or otherwise, but does not include a lessee, renter, tenant, operator or an owner of any easement or right-of-way. Noxious weed shall mean any plant propagated by either seed or vegetative parts which is determined by the weed and mowing control officer after consulting with the state cooperative extension service, or the city weed and mowing board after consulting with the county extension agent, to be injurious to public health, land or other property. Operator shall mean the person chiefly responsible for or in possession of the land, whether for self-benefit, or for the benefit of the landowner or another. Person shall mean any individual, partnership, firm, corporation, company, society, association, the state, or any department, agency or subdivision thereof or any other entity which occupies or owns land or which causes noxious weed seeds or propagating parts to be disseminated or transported in North Dakota. Weed and mowing control officer shall mean the person or persons appointed or designated by the board of city commissioners and or the city commissioners to be responsible for the operation and enforcement of this article within the city. Control and eradication of noxious weeds and mowing of grasses. It shall be the duty of every person in charge of or in possession of land in this city, whether as landowner, lessee, renter or tenant, to eradicate or to control the spread of noxious weeds on those lands and mow grasses in excess of eight (8) inches. Notice to destroy or mow. The weed and mowing control officer is hereby authorized and empowered, through personal contact, by telephone, letter or other means to notify the owner or the agent of such owner or any lot, place or area within the city, to cut, destroy and remove any noxious weeds found growing, lying or located on such owners property or upon the one-half (1/2) of any road or street lying next to the lands or boulevards abutting thereon and/or to mow weeds or grasses in excess of eight (8) inches high. Lots or property in excess of one (1) acre need not be mowed if such lot and the lot or property within twenty (20) feet of the right-of-way edge of a paved road or street is mowed in conformance with this article so that the grasses do not exceed (8) inches in height. The notice, shall give the owner or his agent a minimum of five (5) days to mow grasses and cut or destroy the noxious weeds. The weed and mowing control officer may cause to be posted or inserted in the official newspaper for the city such official notices as the officer may deem necessary in the furtherance of this chapter. Action upon noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to mow and/or cut, destroy and remove noxious weeds growing, lying or located upon the owner’s property or upon the one-half (1/2) of any road or street lying next to the lands or boulevards abutting thereon, after contact and notice provided for by this article, or within five (5) days after the date of any letter containing such notice is returned to the city because of inability to make delivery thereof, provided the letter was properly addressed to the last known address of such owner or agent, or if the weed and mowing control officer is unable to contact the owner or agent by telephone after reasonable effort, the weed and mowing control officer may pay for the cutting, destroying and removal of such noxious weeds or order their removal by the city. In the event the noxious weeds can not be effectively cut, destroyed or removed or the lot mowed because of an accumulation of junk, rubble, debris or other matter upon the property, the weed and mowing control officer may arrange for the removal of the junk, rubble, debris or matter in order to place the property in a condition which will allow the effective removal of the noxious weeds. Cost assessed against property. When the city has effected the mowing and/or removal of noxious weeds or has paid for their removal, the actual cost thereof, including any necessary costs for placing the property in a condition to allow the effective mowing and/or removal of the noxious weeds, will be charged to the property owner at a rate no less than one hundred dollars ($100) per instance and if not paid by said owner prior thereto, shall be charged and assessed against the property upon which the grasses were mowed and/or the noxious weeds 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 city commission. 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. Termination. This ordinance shall be in full force and effect on July 15, 2010 and after its final passage, approval and publication. REGULATING THE ACCUMULATION OF JUNK Definitions.As used in this article: Blighted structure shall include, without limitation, any dwelling, garage, or outbuilding, any factory, shop, store, warehouse or any other structure or part of a structure which because of fire, wind, or other natural disaster, or physical deterioration is no longer habitable as a dwelling, nor useful for the purpose for which it may have intended place the property in a condition which will allow the effective removal of the noxious weeds. Building materials shall include, without limitation, lumber, bricks, concrete or cinder blocks, plumbing materials, electric wiring or equipment, heating ducts or equipment, shingles, mortar concrete or cement, nails, screws or any other materials used in constructing any structure. Junk shall include without limitation parts of machinery or motor vehicles, unused furniture, stoves, refrigerators or other appliances, remnants of wood, metal or any other castoff material of any kind, whether or not the same could be put to any reasonable use. Such term shall not include firewood neatly stacked. Junk automobile shall include, without limitation, any motor vehicle which is not licensed for use upon the highways of the State of North Dakota for a period in excess of sixty (60) days and shall also include, whether licensed or not, any motor vehicle which is inoperative for any reason for a period in excess of sixty (60) days; provided that there is excepted from this definition unlicensed, but operative vehicles, which are kept as the stock in trade of a regularly licensed and established new or used automobile dealer. Person shall include all natural persons, firms, co-partnerships, corporations and all associations of natural persons, incorporated or unincorporated, whether acting by themselves or by a servant, agent or employee. All persons who violate any of the provisions of this chapter, whether as owner, occupant, lessee, agent, servant or employee shall, except as herein otherwise provided, be equally liable as principals. Trash and rubbish shall include any and all forms of debris not herein otherwise classified. Vehicle hulk shall mean the remnant or remains of a motor vehicle which is inoperative and cannot be mechanically operated without the addition of vital parts or mechanism and the application of a substantial amount of labor to effect repairs, or any wrecked, dismantled or inoperative vehicle, or any part thereof. Purpose. It is hereby determined that the storage or accumulation of trash, rubbish, junk, junk automobiles, vehicle hulks, building materials, and the maintenance of blighted structures upon any private property within the jurisdiction of the city tends to result in blighted and deteriorated neighborhoods, the increase of criminal activity, the spread of vermin and disease, and is contrary to the public peace, health, safety and general welfare of the community. Unlawful to store or accumulate junk, trash, or rubbish. It shall be unlawful for any person to store or permit the storage or accumulation of junk, junk automobiles, vehicle hulks, trash or rubbish on any private property in the city except within a completely enclosed building or property which is otherwise screened or fenced so that such junk, junk automobiles, vehicle hulks, trash or rubbish is not visible from other private or public property, or upon the business premises of a duly licensed junk dealer, junk buyer or junk gatherer. Unlawful to store building materials except on business premises. It shall be unlawful for any person to store or permit the storage or accumulation of building materials on any private property except in a completely enclosed building or except where such building materials are part of the stock in trade of a business located in said property, or except when such materials are being used in the construction of a structure on the property in accordance with a valid building permit issued by the city, and unless such construction is completed within a reasonable time. Unlawful to maintain blighted structure. It shall be unlawful for any person to keep or maintain any blighted or vacant structure, dwelling, garage, outbuilding, factory, shop, store or warehouse unless the same is kept securely protected to prevent entrance thereto by unauthorized persons or unless such structure is in the course of construction in accordance with a valid building permit issued by the city, and unless such construction is completed within a reasonable time. Action upon noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to remove or bring into compliance any items mentioned within this ordinance lying or located upon the owner’s property or upon the one-half (1/2) of any road or street lying next to the lands or boulevards abutting thereon, after contact and notice provided for by this article, or within five (5) days after the date of any letter containing such notice is returned to the city because of inability to make delivery thereof, provided the letter was properly addressed to the last known address of such owner or agent, or if the city building official’s department is unable to contact the owner or agent by telephone after reasonable effort, the city building official’s department may pay for the removal of such items or order their removal by the city. Cost assessed against property. When the city has effected the removal of such of junk, junk automobiles, vehicle hulks, trash or rubbish or has paid for their removal, the actual cost thereof, including any necessary costs for placing the property in a condition to allow the removal of the junk, junk automobiles, vehicle hulks, trash or rubbish, will be charged to the property owner at a rate no less than one hundred dollars ($100) per item per week beyond the deadline and if not paid by said owner prior thereto, shall be charged and assessed against the property upon which junk, junk automobiles, vehicle hulks, trash or rubbish was removed. 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 city commission. 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. Administration and enforcement. The city building official’s department shall be responsible for the administration and enforcement of this article which may be cited as the “Junk Ordinance”. Termination. This ordinance shall be in full force and effect on July 15, 2010 and after its final passage, approval and publication.
|