Chapter 8.16 WEEDS

8.16.010 Definition of noxious weeds.

8.16.020 Weeds prohibited.

8.16.030 Notice to destroy weeds.

8.16.040 Action upon noncompliance with order.

8.16.050 Penalty.


8.16.010 Definition of noxious weeds.

“Noxious weeds” means all rank vegetable growth of every kind and nature, including but not limited to dandelions and all weeds known as Canada Thistle, Scotch Bull Thistle, Russian Thistle, Sow Thistle, Quack Grass, Leafy Spurge (Euphorbia Esula or Euhporbia Virgate), Field Bindweed, Russian Knapweed, (Centaura Picris), Hoary Cress, (Lapidium Draba, Lapidium Repens, and Humenophysa Pubesens), Dodder or any similar unwanted vegetable over eight inches in height. (Prior code § 8-4-1)

8.16.020 Weeds prohibited.

No owner or owners of any lot, place or area within the municipality, or agent of such owner or owners shall permit noxious weeds on such lot, place, or area and one-half of any road or street lying next to such property abutting thereon. The existence of such noxious weeds shall constitute a public nuisance. (Prior code § 8-4-2)

8.16.030 Notice to destroy weeds.

A. Whenever noxious weeds are found upon any premises within the municipality, the municipality shall notify the owner of the property or, if no such person can be found, the person in control of the premises.
B. The notice shall state that the existence of such noxious weeds constitutes a public nuisance, and shall order the owners, or persons in charge, to exterminate or remove all such weeds on any lot, place or area within the municipal limits, and upon one-half of any adjacent street or road. The notice shall further inform such property owners, or their agents, that upon their failure to remove or exterminate such weeds within a specified time, the municipality may proceed to have such weeds removed or exterminated and assess the cost of such removal or extermination thereof to the property involved.
C. Personal notice of the order shall be served. In case personal service cannot be obtained, then the notice shall be published in a prominently displayed advertisement, once a week for two weeks in a newspaper in the municipality, or if no such paper exists, in a newspaper within the county. The last date of the publication shall not be less than seven days prior to the date upon which the municipality shall commence the removal of weeds from such property. (Prior code § 8-4-3)

8.16.040 Action upon noncompliance with order.

Upon failure, neglect, or refusal of any owner or owners, or agent of such owner or owners, to exterminate or remove noxious weeds growing, lying, or located upon the property of the owner or upon one-half of any road or street lying next to the lands before the date specified in the notice, the engineer or other responsible municipal official may exterminate or remove such noxious weeds. Such official shall report to the municipal finance officer the cost of such extermination. The finance officer shall make an additional charge of ten (10) percent to cover administrative costs. The total costs shall be assessed against the lot or parcel of land from which or adjoining which the noxious weeds have been exterminated or removed. The finance officer shall cause the costs to become a lien against the property involved. (Prior code § 8-4-4)

8.16.050 Penalty.

In addition to the costs for extermination of noxious weeds to be assessed against the property owner as described in Section 8.16.040, a penalty of twenty-five dollars ($25.00) shall be applied. (Prior code § 8-4-5)