§ 7-5. Regulation of grass, weeds, trees, shrubs, brush and other rank or harmful vegetation.

(a)

City to control tree planting (standards). The city shall have control and supervision of planting shrubs and trees upon, or overhanging, all streets or other public property. The city may establish and enforce uniform standards relating to the species and types of trees to be planted, placement and the maintenance and removal thereof. Such standards shall be kept on file in the office of city administrator and may be revised from time to time by action of the council.

(b)

Permit to plant or remove trees. It is a misdemeanor for any person to plant or remove any tree upon or overhanging streets, without first procuring from the city a permit in writing to do so.

(c)

Cutting and removal of grass, weeds and other rank, poisonous or harmful vegetation. It shall be unlawful for any owner, lessee, or occupant, or any agent, servant, representative or employee of any such owner, lessee or occupant having control of any occupied or unoccupied lot or land or any part thereof in the City of International Falls to permit or maintain on any such lot or land, or on or along the sidewalk, street or alley adjacent to the same between the property line and the curb or middle of the alley or for ten feet outside the property line if there be no curb, any growth of weeds, grass, brush, or other rank vegetation to a greater height than six inches on the average, or any accumulation of dead weeds, grass or brush. If the grass or weeds in such place attain a height in excess of six inches it shall be prima facie evidence of a failure to comply with this subsection. It shall also be unlawful for any such person or persons to cause, suffer or allow poison ivy, ragweed or other poisonous plants, or plants detrimental to health to grow on any such lot or land in such manner that any part of such ivy, ragweed or other poisonous or harmful weed shall extend upon, overhand or border any public place to allow to seed, pollen or other poisonous particles or emanations therefrom to be carried through the air into any public place.

(d)

Duty of owner, lessee or occupant. It shall be the duty of any owner, lessee or occupant of any lot or land to cut and remove or cause to be cut and removed all such weeds, grass, brush and other rank poisonous or harmful vegetation or trees and shrubs as often as may be necessary to comply with the provisions of subd. 1 and 2; provided that cutting and removing such weeds, grass, and vegetation or trees and shrubs at least once in every three weeks, between May 15 and September 15 shall be deemed to be a compliance with this Code. Every owner of property abutting on any street shall, subject to the provisions herein requiring a permit therefore, trim, cut, remove, and otherwise maintain all trees and shrubs in unhazardous and healthy condition, from the line of such property nearest to such street to the center thereof.

(e)

When city is to do work. If the provisions of the foregoing sections are not complied with the housing inspector shall serve written notice upon the owner, lessee or occupant or any person having the care or control of any such lot or land to comply with the provision of this Code. If the person upon whom the notice is served fails, neglects or refuses to cut and remove or to cause to be cut and removed such weeds, grass, brush or other vegetation within five days after receipt of such notice, or if no person can be found in the City of International Falls who either is or claims to represent the owner, the housing inspector shall cause such weeds, grass, brush and other vegetation on such lot or land to be cut and removed and the actual cost of such cutting and removal, plus five percent for inspection and other additional costs in connection therewith, shall be certified by the housing inspector to the city council and shall thereupon become and be a lien upon the property on which such weeds, grass, brush and other vegetation were located and shall be added to and become and form a part of the taxes next to be assessed and levied upon such lot or land and shall bear interest and the same rate as taxes and shall be collected and enforced by the same officer and in the same manner as taxes.

(f)

Penalty. Any person who shall neglect to cut and remove weeds, grass, brush or other vegetation as directed in this Code, or who shall fail, neglect or refuse to comply with the provisions of any notice or who shall resist or obstruct the city administrator or his employees in the conviction thereof, be subject to a fine of not less than $50.00, or more than $500.00, and each day on which such violation continues shall constitute a separate offense.

(g)

Definition. The word "person" as used in this Code shall mean and include one or more persons of either sex, natural persons, corporations, partnerships, associations, joint stock companies, societies and all other entities of any kind capable of being sued.

(h)

Severability. If any provision of this Code or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provision or application of the Code which can be given without the valid provision or application, and to this end, the provisions of this Code are severable.

(Ord. No. 45, 2nd series, eff. 8-11-87)