ANSTED, WV (LOOTPRESS) – The Town of Ansted has released a document detailing a proposed grass ordinance which will see consideration and discussion at Thursday’s meeting of the town council.
The proposed ordinance pertains to the regulation of tall grass, weeds, and filth in the interest of securing the public health, safety, and welfare of the residents and property owners of the area.
Seasons at any given time will be a determining factor in the effect of the ordinance which, as proposed, would be observed from May 1st through October 1st of each year.
Specifically, the intention of the regulations would be, in part, to limit potential refuge for insects and vermin while preserving the woodlands of the area.
The document, which spans several pages, provides insight as to which types of plant life specifically fall under these guidelines, how owners can be affected, and the severity of the penalties associated with violation of the proposed guidelines.
Enforcement of the regulations, if brought into effect, would fall under the jurisdiction of the Town Police Department and/or the town’s designated Code Enforcement Officer.
Also elucidated in the document is the process of notification for those potentially in violation of the proposed ordinances should they pass.
The proposed ordinance as released by the Town of Ansted can be found in full below.
TOWN OF ANSTED TALL GRASS, WEED AND FILTH ORDINANCE
An ordinance to secure the public health, safety and welfare of the residents and property owners by the control and regulation of the height of tall grass, weeds and filth in subdivided lands and upon lands along improved streets within the Town of Ansted; To preserve the Town’s natural environment while maintaining properties in a way that protects the general health, safety, and welfare; and to provide penalties for the violation thereof and to repeal all ordinances or parts of ordinances in conflict therewith.
THE TOWN OF ANTED ORDAINS:
SECTION 1. Title and Applicable Seasons.
This ordinance shall be known and cited as the Town of Ansted Tall Grass, Weed and Filth
Ordinance, and shall be applicable and in full force and effect from May 1st through October 31st of each year.
SECTION 2. Purpose.
The Town hereby finds that unsightly tall grass and weeds growing in unsuitable areas can have a blighting effect on neighborhoods and can provide a refuge for vermin and insects. The purpose of this ordinance is to regulate the height of grass and weeds in certain areas of the Town in which there is a higher population density, while still maintaining and preserving the Town’s woodlands
SECTION 3. Definitions
- Grass: any type of grass or weed, but not including crops grown as a source of income, including but not limited to corn, oats or barley.
- Weeds: “weeds” shall include Canada thistle (Circium arvense), dodders (any species of Cuscuta), mustards (charlock, black mustard and Indian mustard, species of Brassica or Sinapis), wild carrot (Daucus carota), bindweed (Convolvulus arvensis), perennial sowthistle (Sonchus arvensis), hoary alyssurn (Berteroaincana), ragweed (ambrosia elatior 1), Japanese knotweed (fallopian japonica), poison ivy (rhus toxicodendron), poison sumac (toxicodendron vernix), garlic mustard (alliaria petiolata), spotted knapweed (centaurea maculosa), phragmites (phragmites australis), and/or any other other plant, which is in the opinion of the Town Council, comes under the provisions of the West Virginia Code 22-15-2(22), including grass over twelve (12) inches in height, other than that which is part of a vegetable or flower garden. Weeds shall be regarded as a common nuisance.
- Owner: any person holding an ownership interest in land in the Town of Ansted upon which there is tall grass growing. For the purposes of this Ordinance, the name and address listed on the Town tax assessment roll shall indicate ownership interest in such land
- Occupant: any person who has the right to occupy a parcel of property due to being an owner or pursuant to a verbal or written lease or rental agreement with the owner or agent thereof.
- Land Used for Agriculture: the use of land for tilling of the soil, the raising of field or tree crops or animal husbandry, as a source of income.
SECTION 4. Land Subject to Regulations
- This ordinance applies to the following:
- Lots in a platted subdivision with a structure.
- Vacant lots within plated residential subdivisions in which buildings have been erected upon 60 percent or more of the lots, or
- Parcels of land which have a tree lawn and/or which border improved public streets or rights-of-way.
- This ordinance does not apply to:
- Land used for agricultural purposes, including weeds in fields, devoted to growing any small grain crops such as wheat, oats, barley, or rye.
- Portions of lots used for flower gardens, shrubbery or vegetable gardens.
- Naturally wooded areas.
- Areas designated as parks by the Town Council of Ansted.
SECTION 5. Duty to Cut Grass
- Except as otherwise provided in this Ordinance, an owner and/or occupants who owns or otherwise has occupancy rights for property in the Town is responsible for cutting, destroying, and removing or causing to be cut, destroyed, or removed from the land all noxious and poisonous weeds growing thereon, as well as dead grass and brush thereon, to prevent such weeds from going to seed or blossom, as the case may be; to prevent grass from growing in excess of Twelve (12) inches in height, except for dune grass; and preventing such dead grass and brush from becoming a fire hazard.
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- The duties imposed in this section extend to the tree lawn, which includes any portions of the abutting public right-of way that would become part of the property if the right-of-way were vacated, except for any roadway which is paved for vehicular traffic.
- In addition to the property owner or occupant, the manager of a business on a property, meaning the person that exercises the most control over the day-to-day operations of the business, shall also be responsible parties subject to the duties imposed in this section.
- On an undeveloped or vacant lot, tall grass and weeds must be cut back at a distance of at least twenty (20) feet from the roadway by the owner and/or occupants so as to allow a clear line of site for drivers, and the owner and/or operator shall also cut grass and weeds back at least twenty (20) feet on each lot line where such property abuts any residential property. The twenty (20) feet which abuts a public street for purposes of this Section shall begin at the curb, or if none exists, at the edge of the paved roadway nearest to the property. If a property under this section abuts a residential property on the rear or side of the property, the twenty (20) feet shall start at the lot line.
SECTION 6. Unlawful Acts
It shall be unlawful for the owner and/or occupant of any lot or parcel of land to which this ordinance applies to allow or maintain upon any portion of such lot or parcel any growth of tall grass or weeds as defined herein, or to permit the deposit or accumulation upon any portion of such lot or parcel of land, of any brush or filth, yard debris, dead vegetation, or cut grass or weeds so as to create a nuisance due to unsightliness, an unhealthy or unsafe condition, or traffic hazard, or fire hazard. Growth of grass to a length greater than twelve (12) inches shall be considered to be a nuisance for the purposes of this section. Nothing in this ordinance shall be interpreted to prohibit natural composting when such composting is done in an appropriate area of the property, which shall not include the front yard. It shall be unlawful for the owner and/or occupant of any lot or parcel of land to which this ordinance applies to place, throw, sweep or otherwise deposit any yard waste material of any kind on any alley, street, gutter, sidewalk or utility right-of-way in the town.
SECTION 7. Enforcement
- Enforcement Officer.
This Ordinance shall be enforced by the Town Police Department and/or the Town’s designated
Code Enforcement Officer.
- Right of Entry.
The Ordinance enforcement officer and his or her authorized representatives are hereby
empowered to enter upon any premises or land in the Town for the purpose of inspecting, removing of and/or destroying tall grass and weeds prohibited under this ordinance. No person shall interfere with such person or persons while they are engaged in carrying out the provisions of this ordinance.
- Violation Notice.
After inspection, if any property is determined to be in violation of this ordinance, a Violation
Notice will be sent to the property owner and/or occupant of said premises in which the name
appears in the last local assessment record of the Town. The notice shall be sent by both first class and by posting a copy of said notice on the property. The notice shall give the property owner ten (10) days from the date of the notice to cut the tall grass and weeds. A second or subsequent Violation Notice sent within the season aforementioned shall cause owner/occupant to be assessed a fine of Fifteen Dollars ($15.00) per notice.
- Subject to Lien
If assigned penalties are not paid, and/or if the town incurs cost of removal and the landowner fails to pay such costs within one month (or within a period agreed upon by the Municipal Judge of such repairs or removal are completed, the Clerk will file a lien on the property, the cost of which will include all penalties, fines, a $25.00 charge for filing the lien. The total assessment shall bear interest at six percent (6%) per year from the date of recordation until paid. Such lien to be filed with the Clerk of the County Commission of Fayette County, West Virginia. A statement of costs shall be recorded in the Office of the Clerk of the County Court in the same manner as any other against real estate, and the Town may enforce the lien by appropriate legal action against the property.
- Remedial Measures.
If the tall grass and weeds are not cut within ten (10) days, the Town shall have the authority to
enter upon the land and/or to cause the grass and weeds to be mowed by an authorized
representative who is hereby empowered to enter upon any premises or land in the Town for the
purpose of mowing tall grass and weeds in violation of this ordinance, even if the property owner and/or occupant failed to actually receive said notice. The Town, its agents and representatives shall not be responsible for damage to buildings, vehicles, landscape, trees, shrubs, etc., during the mowing of property in violation of this ordinance.
- Assessment of costs.
All expenses of such cutting, to include equipment usage, transportation, man-hours involved, and overhead, including any and all cost incurred in the removal or relocation of debris, junk or other miscellaneous obstructions which would be necessary or convenient to carry out the requirements of this Ordinance shall be paid by the owners of such land plus an administrative charge of fifteen (15%) percent, thereof per residential parcel, per cutting. After having a lot mowed, the Town shall then submit a bill to the property owner for the cost of the mowing. If the property owner does not pay the bill within Thirty (30) days of the date of the invoice the cost of such payment shall be charged against the premises and it shall become a lien on the land, plus an additional delinquency fee of 10% per month until paid.
SECTION 8. Penalties
- Any violation of this Ordinance shall be subject to payment of a fine of not less than $25.00,
plus applicable costs and other sanctions for each violation.
- Repeat offenses under this ordinance shall be subject to increased fines as provided by this
Section. As used in this Section, “repeat offense” means a second (or any subsequent) violation of the same requirement or provision of this Ordinance within any three (3) year period for which the person admits responsibility or is determined to be responsible. The increased fine for a repeat offense under this Ordinance shall be as follows: 1. The fine for any offense which is a first repeat offense shall be not less than $125.00 plus costs. 2. The fine for any offense which is a second repeat offense shall be not less than $250.00 plus costs. 3. The fine for any offense which is a third repeat or any subsequent repeat offense, shall be not less than $400.00 each plus costs.
Each day on which any violation of this Ordinance occurs or continues, constitutes a separate offense subject to separate sanctions.
Section 9. Severability
The several provisions of this ordinance are declared to be separate; if any Court shall hold that
any section or provision hereof is invalid, such holding shall not affect or impair the validity of
any other section or provision of this ordinance.
Section 10. Effective Date
This ordinance shall be published as required by law and shall take effect immediately after its enactment and publication.Â