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HomeMy WebLinkAbout089 - 06/21/1994 - AMENDING CITY CODE REGARDING STAGNANT WATER AND WEEDS, BRUSH AND RUBBISH ORDINANCE NO. 89, 1994 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 20, ARTICLES I AND III OF THE CODE OF THE CITY OF FORT COLLINS REGARDING STAGNANT WATER AND WEEDS, BRUSH AND RUBBISH WHEREAS, weeds constitute both a nuisance and a threat to the integrity of natural areas and agricultural lands; and WHEREAS, the City staff has identified a need to amend the existing City Code regarding weeds, brush and rubbish to: (1) allow grasses to grow to full mature seed head height along ditches and in other natural areas to increase the wildlife value of such sites and enhance the natural seeding process and reduce undesirable weed establishment; (2) add to the prohibited weed list certain other nonnative plant species that are threatening natural areas; and (3) remove from the prohibited weed list certain desirable native plant species; and WHEREAS, the staff has further recommended that Section 20-1, Stagnant Water, should be repealed because stagnant water provides a desirable habitat for wetland plant growth and wildlife habitat; and WHEREAS,- the Poudre Fire Authority,- the- Natural_ Res-mtrces Advisory Roard, the Parks and Recreation Board and the Storm Drainage Board have all recommended adoption of the ordinance; and WHEREAS, the Council has determined that this ordinance is in the- best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Chapter 20, Article I, of the Code of the City is hereby amended by the deletion of Section 20-1, with subsequent sections renumbered accordingly, as follows: Section 2. That the title of Article III, Chapter 20, of the Code of the City is hereby amended to read as follows: ARTICLE III. WEEDS, BRUSH PILES AND RUBBISH Section 3. That Sections 20-41 through 20-43 of Article III, Chapter 20, of the Code of the City are hereby amended to read as follows: Sec. 20-41. Definitions. The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section: Backyard wildlife habitat certification shall mean certification by the Division of Natural Resources under its backyard wildlife habitat program recognizing a yard as having the necessary components to sustain the desired wildlife species. Brush pile shall mean an accumulation of cuttings or dead portions of trees and shrubs. City Manager shall mean the City Manager or the designated representative of the City Manager. Ditch shall mean any channel , either manmade or natural , to carry water for drainage or irrigation, including its access and/or maintenance easements on either side. Natural area certification shall mean certification by the Division of Natural Resources under its natural areas program recognizing a 1/4-acre or larger site as having the necessary components to be classified as a natural area. Open Area shall mean real property zoned as open space or designated transition or any other undeveloped real property in single, common or joint ownership. Owner shall mean the fee owner of record or any agent or representative of such owner and any person entitled, by lease or tenancy, to possession of the premises. Property shall mean in addition to the owner's lot or tract of land whether improved or vacant, the area to the center of an alley abutting the lot or tract of land, if any, all easements of record, and the sidewalk, curb, gutter and parking area of any street abutting such lot or tract of land. Refuse shall mean solid and liquid wastes, except hazardous wastes, whether putrescible or nonputrescible, combustible or noncombustible, organic or inorganic, including but not limited to wastes and materials commonly known as trash, garbage, debris or litter, animal carcasses, offal or manure, paper, ashes, cardboard, cans, yard clippings, glass, rags, discarded clothes or wearing apparel of any kind or any other discarded object not exceeding three (3) feet in length, width or breadth. Rubbish shall mean nonputrescible solid wastes of a large size, including but not limited to large pieces of wood, large cardboard boxes or parts, large or heavy yard trimmings, discarded fence posts, crates, vehicle tires, junked or abandoned motor vehicle bodies or parts, scrap metal , bedsprings, water heaters, discarded furniture and all other household goods or items, demolition materials, used lumber and other discarded or stored objects three (3) feet or more in length, width or breadth. Weed shall mean an aggressive, non-native herbaceous plant detrimental to native plant communities or agricultural lands, including but not limited to jointed goatgrass (Aegilops cylindrica) , quackgrass (Agropyron repens) , redroot pigweed 2 (Amaranthus retroflexus) , common ragweed (Ambrosia artemisiifolia) , giant ragweed (Ambrosia trifida) , wild oat (Avena fatua) , white mustard (Brassica hirta) , wild mustard (Brassica kaber) , black mustard (Brassica nigra) , birdsrape mustard (Brassica rapa) , marijuana (Cannabis sativa) , whitetop (Cardaria draba) , hairy whitetop (Cardaria pubescens) , sandbur (Cenchrus longispinous) , diffuse knapweed (Centaurea diffusa) , spotted knapweed (Centaurea maculosa) , Russian knapweed (Centaurea repens) , Canada thistle (Cirsium arvense) , bindweed (Convolvulus arvensis) , leafy spurge (Euphorbia esula) , St. Johnswort (Hypericum perforatum) , kochia (Kochia scoparia) , prickly lettuce (Lactuca serriola) , perennial pepperweed (Lepidium latifolium) , dalmatian toadflax (Linaria genistifolia spp. dalmatica) , yellow toadflax (Linaria vulgaris) , purple loosestrife (Lythrum salicaria, Lythrum virgatum and any combinations thereof) , buckhorn plantain (Plantago Ianceolata) , curly dock (Rumex crispus) , Russian thistle (Salsola iberica) , horsenettle (Solanum elaeagnifolium) , black nightshade (Solanum nigrum) , buffalobur (Solanum rostratum) , perennial sow thistle (Sonchus arvensis) , Johnsongrass (Sorghum halepense) , dandelion (Taraxacum officinale) , fanweed (Thlaspi arvense) , puncturevine (Tribulus terrestris) , cocklebur (Xanthium strumarium) and any other type of noxious weeds designated by the Colorado Weed Law or Larimer County Weed District. Xeriscape certification shall mean certification by the Water Utility under its xeriscape program for the recognition of landscapes that implement the principles of xeriscape. Sec 20-42. Nuisance declared. (a) All weeds, brush piles, unmowed grasses, refuse and rubbish on a property within the city are hereby declared to be a nuisance and a menace to the health and safety of the inhabitants of the city. (b) It is unlawful for the owner of any property to permit refuse, rubbish, or brush piles to accumulate on any part of the property. (c) Except as is provided in subsection (d) of this section, it is unlawful for the owner of any property to permit weeds and grasses to grow upon such property to a height of more than six (6) inches. (d) It is unlawful for the owner of any open area, ditch, ditch right-of-way or raiTroad right-of--way to aTTow the growth of weeds or grasses other than those grown for agricultural purposes upon such open area, ditch or right-of-way in excess of twelve (12) inches in height. 3 (e) It is unlawful for the owner of any property to permit the growth of noxious weeds as designated by the Colorado Weed Law or Larimer County Weed District, regardless of height. Sec. 20-43. Variances. (a) An owner of a tract of land that has been certified as a backyard wildlife habitat may have a brush pile not to exceed eight (8) feet by eight (8) feet wide by three (3) feet in height if it is permitted by the terms of the backyard wildlife habitat certification or the natural areas certification. (b) An owner of a tract of land that has been certified as a xeriscape is permitted to have grasses growing in excess of six (6) inches in height. This variance will be limited to the grass species identified with the certification document. (c) An owner of a tract of land that has been certified as a natural area is permitted to have grasses growing in excess of twelve (12) inches high. This variance will be limited to the grass species and areas of the site identified with the certification document. Section 3. That subparagraph (a) of Section 20-44 of Article III of Chapter 20 of the Code of the City is hereby amended to read as follows: Sec. 20-44. Removal procedure; assessment of removal costs. (a) The City Manager is authorized and directed to give notice to any owner whose property, open area, ditch or right-of-way is being kept or maintained in violation of the provisions of this Article or Article II of Chapter 12 regarding rubbish and refuse. Such notice shall be deposited in the United States Mail , addressed to the owner of record at the address on the assessment roll of the Larimer County Assessor or may be served upon such person personally. The notice shall state that if the offending weeds and/or grasses are not cut or eradicated (as applicable) , and/or the offending brush pile, refuse and/or rubbish are not removed, from such property, open area, ditch or right-of-way on or before five (5) days from the date of such notice, it will be done by the city and the cost, including the cost of inspection, the cost of any grading or sloping necessary to protect the public safety and other incidental costs in connection therewith and an amount not to exceed twenty (20) percent of the costs for carrying charges and costs of administration will be charged against the property, open area, ditch or right-of-way. 4 Introduced, considered favorably on first reading, and ordered published this 7th day of June, A.D. 1994, and to be 7pre2senteor final passage on the 21st day of June, A.D. 1994. r ATTEST: �4QLVIIL S City Clerk Passed and adopted on final reading this 21st of' June, yor ATTEST: City Clerk 5