The City has adopted a code to address Nuisance Vegetation on property within the city limits. The regulations have been carefully crafted to issues of health and safety posed by the overgrowth or neglect of vegetation including in alleys, boulevards, or on vacant and undeveloped parcels. It has come to the attention of the Code Enforcement Division that language in the code could be construed to mean that owners may be required to use push or riding mowers only when removing nuisance weeds on their property.  The code does not specify that hand-held weed cutting implements (grass trimmers or weed whackers) may be required as a means to cut or remove vegetation. This is an unintended loophole in the code. The proposed amendment will amend the code to revise the language to be clear and concise.

The City Council may:
Approve the language as submitted;
Deny the proposed change;
Amend the draft language;
Or delay action on the proposed amendment.

The Code Enforcement Division has discussed alternatives to amending the code however, the language as currently written in Section 25-300 does not allow an alternative interpretation that would include hand-held vegetation trimmers.

There should be no fiscal impact to the City from the proposed amendment.  City personnel presently use hand-held trimmers for weed removal. 

This section of the city code has been in place since at least 1967 and has been amended several times in order to clarify the language. This amendment will close an unintended loophole in the existing language. Property owners have argued that trimming the weeds against fences is not included in the definition since these cannot "normally be cut by a push or ridden mower". In addition, nuisance vegetation on sloped property cannot normally be cut by a push or ridden mower and normally is cut by using a hand-held trimmer. This code amendment is inteded to close this loophole in the language to better enforce the nuisance vegetation code.

There is not an advisory board or commission that reviews or oversees this section of the city code. Revisions to the language have been reviewed internally by staff and forwarded to the City Council for consideration. There should be no financial impact to residents from the proposed change. 

The update to code provides clarity and consistency across several sections of the Nuisance Vegetation code.