City of Charter Oak ORDINANCE NO. 199-24 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF CHARTER OAK, IOWA, BY ADDING A NEW CHAPTER ON WEEDS AND GRASS BE IT ENACTED by the City Council of the City of Charter Oak, Iowa: SECTION 1. NEW CHAPTER. The Code of Ordinances of the City of Charter Oak, Iowa, is amended by adding a new Chapter, entitled WEEDS AND GRASS, which is hereby adopted to read as follows: TITLE III, CHAPTER 3 WEEDS AND GRASS 3-1.0301 PURPOSE The purpose of this chapter is to beautify and preserve the appearance of the City by requiring property owners and occupants to maintain grass lawns at a uniform height within the boundaries of their property and on abutting street right-of-way in order to prevent unsightly, offensive, or nuisance conditions. 3-1.0302 DEFINITIONS. For use in this chapter, the following terms are defined: “Curb,” “curb line,” or “curbing” means the outer boundaries of a street at the edge of that portion of the street usually traveled by vehicular traffic. “Cut” or “mow” means to mechanically maintain the growth of grass, weeds, or brush at a uniform height. “Owner” means a person owning private property in the City and any person occupying private property in the City. “Parking” means that part of a street in the City not covered by a sidewalk and lying between the lot line or property line and the curb line; or on unpaved streets, that part of the street lying between the lot line or property line and that portion of the street usually traveled by vehicular traffic. 3-1.0303 CUTTING SPECIFICATIONS AND STANDARDS OF PRACTICE. Every owner shall cut, mow, and maintain all grass, weeds, and brush upon the owner’s property and adjacent to the curb line or outer boundary of any street, which includes the parking area abutting the owner’s property, to a uniform height as defined in Section 3-1.0304. Every owner shall cut, mow, and maintain grass, weeds, and brush adjacent to the curb line, including the parking area abutting the owner’s property, in such a manner so as to be in conformity with and at an even height with all other grass, weeds, or brush growing on the remainder of the owner’s property. 3-1.0304 UNIFORM HEIGHT SPECIFICATIONS. Grass, weeds, or brush shall be cut, mowed, and maintained so as not to exceed eight (8) inches. Grass, weeds, and brush which are allowed to grow in excess of the above specified limitations are deemed to be violations of this chapter. 3-1.0305 NOTICE TO ABATE. Upon discovery of any violations of this chapter, the City may within five days initiate abatement procedures as outlined in Chapter 50 of this Code of Ordinances. 3-1.0306 FEES. The City is authorized to charge fees to a property owner for the abatement of grass, weeds, and brush. The fees for cutting grass, weeds, or brush by the City as a result of abatement proceedings under this chapter and Title III, Chapter, Article 2 shall be set by resolution of the Council: Fees imposed under this section shall be collected by the City in the manner provided for in Section 3-1.0202 of this Code of Ordinances. This section shall not be the exclusive remedy for the City and shall not prohibit the City from pursuing alternative methods of enforcement of any violation of this Code of Ordinances or seeking any civil or criminal penalties allowed under this Code of Ordinances or Iowa law. The City may use said alternative methods and penalties in lieu of or in addition to the imposition of the fees set forth in this section. 3-1.0307 MOWING IN THE STREET. No property owner shall cut, mow, or deposit in any fashion any grass, weeds, brush, or leaves upon a City street. Property owners found to be in violation of this section shall be fined for each occurrence in a mowing year, in an amount as fixed by Resolution No 08-03-2015, of the Council. SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION 3. SEVERABILITY CLAUSE. If any section, provision, or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional. SECTION 4. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval, and publication as provided by law. Passed by the Council the 1ST day of July, 2024, and approved this 1ST day of July, 2024. Peggy Staley, Mayor ATTEST: Ashley Mohr, City Clerk First Reading: July 1, 2024. Motion to approve Ordinance 199-24 by Heyne, seconded by Castillo. Ayes: Castillo, Heyne, Maack, Helmhold, Mohr Second Reading: July 1, 2024. Motion to waive second reading of Ordinance No 199-24 by Heyne, seconded by Mohr. Ayes: Castillo, Heyne, Maack, Helmhold, Mohr. Third Reading: July 1, 2024. Motion to approve Ordinance 199-24 by Castillo, seconded by Heyne. Ayes: Castillo, Heyne, Maack, Helmhold, Mohr. I certify that the foregoing was published as Ordinance No. 199-24 on the 11th day of July, 2024. Ashley Mohr, City Clerk (City Seal) MP7-11-24
