HomeMy WebLinkAbout3257 Amending AMC 9.04 Relating to Weeds and Noxious VegetationORDINANCE NO.3257
AN ORDINANCE AMENDMENT RELATING TO WEEDS AND NOXIOUS
VEGETATION; AMENDING AMC 9.04
Annotated to show deletions and additions to the Ashland Municipal Code sections being
modified. Deletions are bawd , and additions are bold underlined.
WHEREAS, weeds and noxious vegetation constitute a fire hazard to persons and property
within the city; and
WHEREAS, the weed abatement ordinance was originally adopted in 1951 and revisions to the
code are necessary to facilitate the removal of weeds and noxious vegetation;
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. Amending AMC 9.04 to comply with current city practices and revise the dates
for summer season as defined in the ordinance.
9.04.002 Purpose
The purpose of this chapter is to reduce the risk of damage to property and persons by fire due to
weeds, and to reduce hazards to public health, agriculture, recreation, and wildlife by controlling
the growth of weeds and noxious vegetation. Ashland Fire and Rescue and the City's Code
Compliance Officers intend to prioritize enforcement and abatement under this chapter based
upon the degree of fire risk or other hazard caused by the violation and the availability of
resources. (Ord. 3159 § 1, amended, 09/18/2018; Ord. 3009, added, 04/20/2010)
9.04.005 Definitions
A. Code Compliance Officer: all individuals designated as such pursuant to AMC 1.08.005,
including specifically the Fire Chief.
B. Fire Chief: the City of Ashland Fire Chief or his/her their authorized designee.
C. Fire hazard: a written determination from the Fire Chief that the quality, condition, and/or
location of vegetation creates a risk of fire.
D. Noxious vegetation: all vegetation listed on the noxious weed list promulgated by the Oregon
Department of Agriculture's Plant Division.
E. Owner: owner of real property, agent of the owner, and/or occupant of any lot or parcel of
land. In the case of property subject to foreclosure as a result of bankruptcy or default of the
legal owner, the City may deem the "Owner" to be the person, other than the legal owner, who
has a primary lien, security, or mortgage interest in possession or control of the property or who
is the deed of trust beneficiary of the property.
F. Prohibited flammable plants: all vegetation listed on the prohibited flammable plant list as
approved by resolution of the City Council.
ORDINANCE NO. 3257 Page 1 of 5
G. Summer season: between May 451st and September30 October 15th of any year, or the
end of fire season as declared by the Oregon Department of Forestry, whichever is later.
H. Weed:
1. Vegetation, grass, shrubbery, and round wood that is less than 1/4 inch in diameter and more
than four inches (4") high, and
2. Vegetation that is a:
a. Health hazard, such as providing harborage for vermin;
b. Fire hazard due to the quantity and/or location; or
c. Traffic hazard because it impairs the view of a public thoroughfare or otherwise makes use of
the thoroughfare hazardous. (Ord. 3159 § 1, amended, 09/18/2018; Ord. 3116, amended, 2015;
Ord. 3009, added, 04/20/2010)
9.04.010 Weeds Declared Nuisance
The growth or maintenance of weeds upon lots and parcels of land, and abutting rights -of -way in
the City during the summer season, or at any other time of year when deemed a fire, health or
traffic hazard, is declared to be a nuisance. (Ord. 3159 § 1, amended, 09/18/2018; Ord. 3009,
amended, 04/20/2010)
9.04.011 Prohibited Flammable Plants Declared Nuisance
The planting of species identified on the prohibited flammable plant list within a general fuel
modification area in the City is declared to be a nuisance. (Ord. 3159 § 1, added, 09/18/2018)
9.04.012 Noxious Vegetation Declared Nuisance
The growth or maintenance of noxious vegetation upon lots and parcels of land, and abutting
rights -of -way in the City at any time is declared to be a nuisance. (Ord. 3159 § 1, amended,
09/18/2018; Ord. 3009, added, 04/20/2010)
9.04.015 Exemptions to Nuisance
A. The term "weed" does not include vegetation that constitutes an agricultural crop or
decorative residential landscaping, unless that vegetation is a fire, health, or traffic hazard.
B. It shall not be a violation of this chapter for property owners to maintain wetland or upland
native vegetation in its natural state either on their property or in common areas when required to
do so pursuant to the requirements of state law, city ordinance or land use approval. Nothing
herein prohibits a property owner from preserving native vegetation in its natural state in excess
of the requirements of state law or city ordinance, provided the owner prepares and implements a
management plan for maintenance of the natural area and said plan is approved and on file with
the community development department.
C. It shall not be a violation of this chapter for property owners to maintain prohibited
flammable plants which were established prior to the effective date of the ordinance codified in
this chapter on their property or in common areas, unless the plants are subject to removal
through implementation of an approved fuel prevention and control plan or general fuel
modification area on file with the Community Development Department. (Ord. 3159 § 1,
amended, 09/18/2018; Ord. 3009, added, 04/20/2010)
ORDINANCE NO. 3257 Page 2 of 5
9.04.020 Responsibility of Owner — Removal of Weeds
The owner of any lot or parcel of land within the limits of the City of Ashland shall cut and/or
remove weeds growing thereon, and on adjacent and abutting rights -of -way, between May
1st and June 4-5t1} 1st of each year. It shall be the duty of an owner to continue to cut and remove
the weeds throughout the summer season, or any other time of year when deemed a fire, health,
or traffic hazard. (Ord. 3159 § 1, amended, 09/18/2018; Ord. 3009, amended, 04/20/2010)
9.04.022 Responsibility of Owner — Prohibited Flammable Plants
The owner of any lot or parcel of land within the limits of the City of Ashland shall not permit
species identified on the prohibited flammable plant list to be newly planted on their property
within a general fuel modification area as defined in AMC 18.3. 10. 100.13. It shall be the duty of
an owner to cut down and remove any new seedlings and volunteer plants of listed prohibited
flammable plants as often as needed to prevent them from posing an increased fire hazard. (Ord.
3159 § 1, added, 09/18/2018)
9.04.024 Responsibility of Owner — Removal of Noxious Vegetation
The owner of any lot or parcel of land within the limits of the City of Ashland shall not permit
noxious vegetation to grow upon their property and on adjacent and abutting rights -of -way. It
shall be the duty of an owner to cut down or to destroy and remove all noxious vegetation as
often as needed to prevent it from becoming a fire, health or traffic hazard, from becoming
unsightly, or maturing, spreading, and going to seed. (Ord. 3159 § 1, amended, 09/18/2018; Ord.
3009, added, 04/20/2010)
9.04.028 Abatement Process
The Uniform Abatement Process set forth in chapter AMC 2.31 shall apply to nuisances
identified in this Chapter and may be used to abate continuing violations. Notwithstanding any
other AMC provisions, a code compliance officer may order the minimum abatement necessary
to abate a fire, health or traffic hazard (e.g., creation of an adequate fire break to protect adjacent
property from fire exposure). Abatement of the nuisance shall not prohibit the City from seeking
any other remedy or sanction provided by law. (Ord. 3159 § 1, amended, 09/18/2018; Ord. 3009,
added, 04/20/2010)
9.04.030 Violation Penalty
Any person who violates any provision of this Chapter is subject to Section 1.08.020 of the
Ashland Municipal Code. Any violation of this section is a Class I violation. (Ord. 3159 § 1,
amended, 09/18/2018; Ord. 3137, amended, 2017; Ord. 3025, amended, 08/03/2010; Ord. 3009,
amended, 04/20/2010)
9.04.040 Notice to Abate - Contents
In case of failure or neglect of any such agent, owner or occupant to cut weeds and grass and
shrubbery as herein provided, the Qt-y eeorCode Compliance Officer shall cause to be
served on such agent, owner, and/or occupant a notice, describing the property with convenient
certainty by its legal description or by the street number of the house, requiring such owner or
agent and/or occupant to cut said weeds, grass, and shrubbery within ten (10) days from the
service thereof, or that the City will require the same to be done, and the cost thereof charged as
ORDINANCE NO. 3257 Page 3 of 5
a lien against said property. (Ord. 3159 § 1, amended, 09/18/2018; Ord. 1141 § 4, amended,
1951)
9.04.050 Notice to Abate - Service - Removal by City - Lien
Such notice shall be served upon such owner, agent, and/or occupant in person if found upon
said premises or within the City, and in case said owner, agent, and/or occupant cannot be found
in person within the City after reasonable diligence and inquiry, such notice shall be posted in a
conspicuous place upon said premises, and a copy thereof mailed to the last known post office
address of such owner, agent, or occupant, if any such address is known, and return of service
shall be filed with the Recorder; and if at the end of ten (10) days from the giving of such notice,
such owner, agent, and/or occupant has failed and neglected to cut and remove such vegetation,
the Fire Chief (or authorized designee) shall cause the same to be done and shall file with the
Coil City Recorder and Finance Department a verified itemized statement of the
expenditure occasioned thereby, and the Recorder shall cause notice to be served upon the
owner, agent, or occupant in the manner hereinbefore described, such statement will be
considered and determined by the mil City Recorder, and a lien declared upon the property
involved;_ Appeals shall be filed with the municipal court no more than 10 days following
the placement of said lien, in accordance with AMC 2.30. the time of whieh meeting shall
be speeffied in the notlee, more than ten (10) days from the gi-ving of the same, and the
Couneil shall at sueh meeting hear any objeetions to sueh statement, and by or-diflanee
deter -mine the eerreetness of the same , and declare such effFeeted amount a lien upon the
imprevement and sewer- liens, and- shh—A-11 bbee to the county assessso-F in- the same
(Ord. 3159 § 1, amended, 09/18/2018; Ord. 1141 § 5, amended, 1951)
SECTION 2. Severability. Each section of this ordinance, and any part thereof, is severable,
and if any part of this ordinance is held invalid by a court of competent jurisdiction, the
remainder of this ordinance shall remain in full force and effect.
SECTION 3. Codification. Provisions of this Ordinance shall be incorporated in the City Code
and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another
word, and the sections of this Ordinance may be renumbered, or re -lettered, provided however
that any Whereas clauses and boilerplate provisions (i.e. Sections 3-5) need not be codified and
the City Recorder is authorized to correct any cross-references and any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X, Section
2(C) of the City Charter on the _day of 2025, and duly
PASSED and ADOPTED this _day of , 2025.
PASSED by the City Council thisJyk\ day of , 2025.
ORDINANCE NO. 3257 Page 4 of 5
ATTEST: A�i �
,ln �
ssa -koYodzinski, City Recorder
., 1 414-- W-1
SIGNED and APPROVED this —dam— day of 2025.
Tonya GAliam, Mayor
Reviewed as to form:
. McGeary, Acti4Zity Attorney
ORDINANCE NO. 3257 Page 5 of 5