Lake Lillian, Minnesota

Lake Lillian Ordinance Code - General Regulations

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WEEDS

§ 92.35 SHORT TITLE.

This subchapter shall be cited as the “Weed Ordinance.”

§ 92.36 JURISDICTION.

This subchapter shall be in addition to any state statute or county ordinance presently in effect,

subsequently added, amended or repealed.

§ 92.37 DEFINITIONS; EXCLUSIONS.

(A) For the purpose of this subchapter, the following definitions shall apply unless the context

clearly indicates or requires a different meaning.

DESTRUCTION ORDER. The notice served by the City Council or designated city

official, in cases of appeal, on the property owner of the ordinance violation.

PROPERTY OWNER. The person occupying the property, the holder of legal title or a

person having control over the property of another, such as a right-of-way, easement, license or

lease.

WEEDS, GRASSES and RANK VEGETATION. Includes but is not limited to the

following:

(1) Noxious weeds and rank vegetation shall include but not be limited to: alum (allium),

Buckthorn, Bur Cucumber, Canada Thistle, Corncockle, Cressleaf Groundsel, Curly Dock,

Dodder, Field Bindweed, French Weed, Hairy Whitetop, Hedge Bindweed, Hoary Cress,

Horsenettle, Johnsongrass, Leafy Spurge, Mile-A-Minute Weed, Musk Thistle, Oxeye Daisy,

Perennial Sowthistle, Poison Hemlock, Purple Loosestrife, Quackgrass, Russian Knapweed,

Russian Thistle, Serrated Tussock, Shatter Cane, Sorghum, Wild Carrot, Wild Garlic, Wild

Mustard, Wild Onion, Wild Parsnip

(2) Grapevines when growing in groups of 100 or more and not pruned, sprayed,

cultivated, or otherwise maintained for two consecutive years;

(3) Bushes of the species of tall, common, or European barberry, further known as berberis

vulgaris or its horticultural varieties;

(4) Any weeds, grass, or plants, other than trees, bushes, flowers, or other ornamental

plants, growing to a height exceeding 12 inches.

(5) Rank vegetation includes the uncontrolled, uncultivated growth of annuals and

perennial plants.

(6) The term WEEDS does not include shrubs, trees, cultivated plants or crops.

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(B) In no event shall cultivated plants or crops include plants which have been defined by state

statute or administrative rule as being noxious or detrimental plants.

§ 92.38 OWNERS RESPONSIBLE FOR TRIMMING, REMOVAL AND THE LIKE.

All property owners shall be responsible for the removal, cutting, or disposal and elimination

of weeds, grasses and rank vegetation or other uncontrolled plant growth on their property, which

at the time of notice, is in excess of 12 inches in height. Penalty, see § 10.99

§ 92.39 FILING COMPLAINT.

Any person, including the city, who believes there is property located within the corporate

limits of the city which has growing plant matter in violation of this subchapter shall make a

written complaint signed, dated and filed with the City Clerk. If the city makes the complaint, an

employee, officer or Council Member of the city shall file the complaint in all respects as set out

above.

§ 92.40 NOTICE OF VIOLATIONS.

(A) Upon receiving notice of the probable existence of weeds in violation of this subchapter, a

person designated by the City Council shall make an inspection and prepare a written report to the

City Council regarding the condition. The City Council, upon concluding that there is a probable

belief that this subchapter has been violated, shall forward written notification in the form of a

“Destruction Order”to the property owner or the person occupying the property as that information

is contained within the records of the City Clerk or any other city agency. The notice shall be

served in writing by certified mail. The notice shall provide that within seven regular business

days after the receipt of the notice that the designated violation shall be removed by the property

owner or person occupying the property.

(B) (1) All notices are to be in writing and all filings are to be with the City Clerk.

(2) Certified mailing to the City Clerk or others is deemed filed on the date of posting to

the United States Postal Service.

§ 92.41 APPEALS.

(A) The property owner may appeal by filing written notice of objections with the City

Council within 48 hours of the notice, excluding weekends and holidays, if the property owner

contests the finding of the City Council. It is the property owners responsibility to demonstrate that

the matter in question is shrubs, trees, cultivated plants or crops or is not otherwise in violation of

this subchapter, and should not be subject to destruction under the subchapter.

(B) An appeal by the property owner shall be brought before the City Council and shall be

decided by a majority vote of the Council Members in attendance and being at a regularly

scheduled or special meeting of the City Council.

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§ 92.42 ABATEMENT BY CITY.

In the event that the property owner shall fail to comply with the “Destruction Order” within

seven regular business days and has not filed a notice within 48 hours to the City Clerk of an intent

to appeal, the City Council may employ the services of city employees or outside contractors and

remove the weeds to conform to this subchapter by all lawful means.

§ 92.43 LIABILITY.

(A) The property owner is liable for all costs of removal, cutting or destruction of weeds as

defined by this subchapter.

(B) The property owner is responsible for all collection costs associated with weed

destruction, including but not limited to court costs, attorney*s fees and interest on any unpaid

amounts incurred by the city. If the city uses municipal employees, it shall set and assign an

appropriate per hour rate for employees, equipment, supplies and chemicals which may be used.

(C) All sums payable by the property owner are to be paid to the City Clerk and to be

deposited in a general fund as compensation for expenses and costs incurred by the city.

(D) All sums payable by the property owner may be collected as a special assessment as

provided by M.S. § 429. 101, as it may be amended from time to time.

OPEN BURNING

§ 92.60 DEFINITIONS.

For the purpose of this chapter, the following definitions shall apply unless the context clearly

indicates or requires a different meaning.

OPEN BURNING. The burning of any matter if the resultant combustion products are emitted

directly to the atmosphere without passing through a stack, duct or chimney, except a “recreational

fire” as defined herein. Mobile cooking devices such as manufactured hibachis, charcoal grills,

wood smokers, and propane or natural gas devices are not defined as “open burning.”

RECREATIONAL FIRE. A fire set with approved starter fuel no more than three feet in

height, contained within the border of a “recreational fire site” using dry, clean wood; producing

little detectable smoke, odor or soot beyond the property line; conducted with an adult tending the

fire at all times; for recreational, ceremonial, food preparation for social purposes; extinguished

completely before quitting the occasion; and respecting weather conditions, neighbors, burning

bans, and air quality so that nuisance, health or safety hazards will not be created. No more than

one recreational fire is allowed on any property at one time.

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RECREATIONAL FIRE SITE. An area of no more than a three foot diameter circle

(measured from the inside of the fire ring or border); completely surrounded by non-combustible

and non-smoke or odor producing material, either of natural rock, cement, brick, tile or blocks or

ferrous metal only an which area is depressed below ground, on the ground, or on a raised bed.

Included are permanent outdoor wood burning fireplaces. Burning barrels are not a “recreation

fire site” as defined herein. Recreational fire sites shall not be located closer than 25 feet to any

structure.

STARTER FUELS. Dry, untreated, unpainted, kindling, branches, cardboard or charcoal fire

starter. Paraffin candles and alcohols are permitted as starter fuels and as aids to ignition only.

Propane gas torches or other clean gas burning devices causing minimal pollution must be used to

start an open burn.

WOOD. Dry, clean fuel only such as twigs, branches, limbs, “presto logs,” charcoal, cord

wood or untreated dimensional lumber. The term does not include wood that is green with leaves

or needles, rotten, wet, oil soaked, or treated with paint, glue or preservatives. Clean pallets may

be used for recreational fires when cut into three foot lengths.

§ 92.61 PROHIBITED MATERIALS.

(A) No person shall conduct, cause or permit open burning oils, petro fuels, rubber, plastics,

chemically treated materials, or other materials which produce excessive or noxious smoke such

as tires, railroad ties, treated, painted or glued wood composite shingles, tar paper, insulation,

composition board, sheetrock, wiring, paint or paint fillers.

(B) No person shall conduct, cause or permit open burning of hazardous waste or salvage

operations, open burning of solid waste generated from an industrial or manufacturing process or

from a service or commercial establishment or building material generated from demolition of

commercial or institutional structures.

(C) No person shall conduct, cause or permit open burning of discarded material resulting

from the handling, processing, storage, preparation, serving or consumption of food.

(D) No person shall conduct, cause or permit open burning of any leaves or grass clippings.

Penalty, see § 10.99

§ 92.62 PERMIT REQUIRED FOR OPEN BURNING.

No person shall start or allow any open burning on any property in the city without first having

obtained an open burn permit, except that a permit is not required for any fire which is a

recreational fire as defined in § 92.60. Penalty, see § 10.99

§ 92.63 PURPOSES ALLOWED FOR OPEN BURNING.

(A) Open burn permits may be issued only for the following purposes:

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(1) Elimination of fire of health hazard that cannot be abated by other practical means.

(2) Ground thawing for utility repair and construction.

(3) Disposal of vegetative matter for managing forest, prairie or wildlife habitat, and in the

development and maintenance of land and rights-of-way where chipping, composting,

landspreading or other alternative methods are not practical.

(4) Disposal of diseased trees generated on site, diseased or infected nursery stock,

diseased bee hives.

(5) Disposal of unpainted, untreated, non-glued lumber and wood shakes generated from

construction, where recycling, reuse, removal or other alternative disposal methods are not

practical.

(B) Fire Training permits can only issued by the Minnesota Department of Natural Resources.

Penalty, see § 10.99

§ 92.64 PERMIT APPLICATION FOR OPEN BURNING; PERMIT FEES.

(A) Open burning permits shall be obtained by making application on a form prescribed by the

City Council. The permit application shall be presented to the City Council for reviewing and

processing those applications.

(B) An open burning permit shall require the payment of a fee. Permit fees shall be in the

amount established in the Ordinance Establishing Fees and Charges, authorized by § 30.11, as it

may be amended from time to time. Penalty, see § 10.99

§ 92.65 PERMIT PROCESS FOR OPEN BURNING.

Upon receipt of the completed open burning permit application and permit fee, the City

Council shall schedule a preliminary site inspection to locate the proposed burn site, note special

conditions, and set dates and time of permitted burn and review fire safety considerations.

§ 92.66 PERMIT HOLDER RESPONSIBILITY.

(A) Prior to starting an open burn, the permit holder shall be responsible for confirming that no

burning ban or air quality alert is in effect. Every open burn event shall be constantly attended by

the permit holder or his or her competent representative. The open burning site shall have

available, appropriate communication and fire suppression equipment as set out in the fire safety

plan.

(B) The open burn fire shall be completely extinguished before the permit holder or his or her

representative leaves the site. No fire may be allowed to smolder with no person present. It is the

responsibility of the permit holder to have a valid permit, as required by this subchapter, available

for inspection on the site.

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(C) The permit holder is responsible for compliance and implementation of all general

conditions, special conditions, and the burn event safety plan as established in the permit issued.

The permit holder shall be responsible for all costs incurred as a result of the burn, including but

not limited to fire suppression and administrative fees. Penalty, see § 10.99

§ 92.67 REVOCATION OF OPEN BURNING PERMIT.

The open burning permit is subject to revocation at the discretion of the city council or, when

necessary, a DNR forest officer. Reasons for revocation include but are not limited to a fire

hazard existing or developing during the course of the burn, any of the conditions of the permit

being violated during the course of the burn, pollution or nuisance conditions developing during

the course of the burn, or a fire smoldering with no flame present. Penalty, see § 10.99

§ 92.68 DENIAL OF OPEN BURNING PERMIT.

If established criteria for the issuance of an open burning permit are not met during review of

the application, it is determined that a practical alternative method for disposal of the material

exists, or a pollution or nuisance condition would result, or if a burn event safety plan cannot be

drafted to the satisfaction of the city council or, when necessary a DNR forest officer , the

application for the open burn permit may be denied.

§ 92.69 BURNING BAN OR AIR QUALITY ALERT.

No recreational fire or open burn will be permitted when the city or DNR has officially

declared a burning ban due to potential hazardous fire conditions or when the MPCA has declared

an Air Quality Alert. Penalty, see 10.99

§ 92.70 RULES AND LAWS ADOPTED BY REFERENCE.

The provisions of M.S. § 88.16 to 88.22 and the Minnesota Uniform Fire Code, Minn. Rules

Ch. 1510, as these statutes and rules may be amended from time to time, are hereby adopted by

reference and made a part of this subchapter as if fully set forth at this point.