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Summer Grass & Vegetation Ordinance In Effect


Per the Tangent Municipal Code, from May 1 to September 30, the City of Tangent Noxious Grass and Vegetation is in effect. Property owners are responsible for keeping the vegetated portion of the public right-of-way abutting the private property free of dead trees, bushes, brush, vegetation, grass and weeds taller than 10 inches, ladder fuels, and all other flammable debris that could cause, spread or fuel a fire.

If a property owner is out of compliance with the noxious grass ordinance, they will receive a verbal or written request to take corrective action within ten days. If no action is taken within ten days, a written notice will be mailed with a final warning of action needed within ten days. If no action is taken within ten days of the final warning, the City may impose a fine of $500 per day or bring the property to compliance and charge the property owner for the cost of bringing the property into compliance.

Verbal or Written Request

Final Warning Mailed Out

Enforcement

Ten days to take corrective actions to get in compliance.

Ten days to take corrective actions to comply by the date stated in the final warning letter.

Citation of up to $500 per day and City bringing the property to compliance at the property owner's expense.

 

Below is the Code for everyone to reference.

TMC 7.20.035 Duty to Keep Property Free of Flammable Debris During Fire Hazard Season

(1) Weeds and Debris to be Removed – Nuisance. The owner and occupant of property, if different entities, shall be jointly and severally responsible for keeping property within the City free of dead trees, bushes, brush, vegetation, ladder fuels and all other flammable debris that could cause, spread or fuel a fire, whether dry or wet. Except for commercially cultivated agricultural crops, between May 1 and September 30 of each year, the owner and occupant of property shall keep cut and remove from the property they own or use all dead bushes, dead trees, stumps, dry brush, dry vegetation, ladder fuels and any other material that could cause, spread or fuel fire. The owner and occupant of property shall cut and maintain the grass and vegetation on the property they own or use at a maximum height of 10 inches between May 1 and September 30 each year. Failure to comply with these requirements shall be deemed to be a nuisance and a fire hazard.

(2) Obligation to Maintain Weeds and Remove Debris from Abutting Right-of- Way. All of the requirements of this section shall apply to private property and the abutting vegetated public right-of-way out to the edge of the vehicle travel surface. Private property owners and occupants shall be jointly and severally responsible for keeping the vegetated portion of the public right-of-way abutting the private property free of dead trees, bushes, brush, vegetation, grass and weeds taller than 10 inches, ladder fuels and all other flammable debris that could cause, spread or fuel a fire. This requirement applies between May 1 and September 30 of each year and during any officially announced period of fire hazard.

(3) Notice to Remove Brush, Grass and Flammable Debris. If any owner or user of property in the City fails to timely and fully comply with the requirements of this section, the City shall cause to be served upon the owner and user, if different entities, written notice of violation requiring the removal of all dead bushes, dead trees, stumps, dry brush, dry vegetation, ladder fuels and any other material that could cause, spread or fuel fire within 10 days. Service of this notice shall be by certified First Class U.S. mail to the address indicated on the most recent property tax records maintained by Linn County and by delivery to the property. If the owner or user of the property cannot be found within the City, notice to the property shall be posted in a conspicuous place on the property. Service shall be deemed valid and accomplished on the date of mailing and/or posting on the property.

 

(4) City Right to Abate. The owner or user of the property shall respond to the notice provided pursuant to this section within 10 days of service by cutting the vegetation and bringing the condition of the property into compliance with the requirements of this section. If, after the expiration of the 10-day period, the owner and user have failed to fully comply with the requirements of this section and the notice issued by the City pursuant to subsection 3, the City shall without further notice order the immediate abatement of the nuisance and authorize the City to abate the nuisance and generally to bring the property into conformance with the requirements of this section. The City's costs of abatement, including all reasonable administrative costs and attorney fees, shall be assessed on the property owner. Notice of the assessment, including an itemization of all of the City's costs, shall be served on the owner and user, if different entities, in the manner described in subsection 3. The owner and user, if different shall be jointly and severally liable for these costs. The owner may appeal and contest the reasonableness of the City's assessment by requesting in writing a hearing before the City Council within 10 days of service of the notice of assessment. If either the owner or user timely file an appeal of the City's assessment, the City Council shall convene a public hearing within 21 days of the appeal notice, take public testimony and determine if the assessment is reasonable. The Council's decision shall be final. Any unpaid assessment shall be recorded as a lien against the property and may be enforced in the same manner as other municipal assessment liens under state law or the TMC. (Ord. 2011-05)

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