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Consent   1.M.
Regular City Council Meeting
Meeting Date:
05/14/2012
TITLE
Nuisance Vegetation - Code Amendment - 2nd reading
PRESENTED BY:
Candi Beaudry
Department:
Planning & Community Services
Presentation:

Information

PROBLEM/ISSUE STATEMENT

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 Council on April 23 conducted a public hearing and passed this proposed amendment on first reading. 

ALTERNATIVES ANALYZED

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.

FINANCIAL IMPACT

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

RECOMMENDATION

The Code Enforcement Division staff recommends the City Council adopt the amendment to Section 25-300 of the BMCC.

APPROVED BY CITY ADMINISTRATOR

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