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Notice of Intent to change Ordinance

On September 8, 2025 the Council will consider changing the language to Chapter 92, Section 92.40 of the Holdingford City Code as shown below:

CITY OF HOLDINGFORD

STEARNS COUNTY

STATE OF MINNESOTA

ORDINANCE NO. 2025-1

 

AN ORDINANCE AMENDING CHAPTER 92 OF THE HOLDINGFORD

CITY CODE PERTAINING TO WEEDS

 

THE CITY COUNCIL OF THE CITY OF HOLDINGFORD, MINNESOTA DOES HEREBY ORDAIN:

 

SECTION 1.  Chapter 92, Section 92.40 of the Holdingford City Code is hereby amended by removing the stricken text and adding the underlined text to read as follows:

 

' 92.40 NOTICE OF VIOLATIONS.

 

(A) Upon receiving notice of the probable existence of weeds, grasses, or rank vegetation in violation of this subchapter, a person designated by the City Council shall make an inspection of the property. and prepare a written report to the City Council regarding the condition. If the person designated by the City Council concludes that there is a probable belief that this section has been violated, the person shall issue a written notification in the form of a “Destruction Order” to the property owner, as that information is contained within the records of the City Clerk or any other governmental agency. The City Council, upon concluding that there is a probable belief that this subchapter has been violated, shall forward written notification in the form of a Destruction Order@ to the property owner or the person occupying the property as that information is contained within the records of the City Clerk or any other city agency. The notice shall be served in writing by either personal service or through first-class mail to the address listed in the county property tax records. certified mail. The notice shall provide that within seven regular business days after personal service or mailing the receipt of the notice that the designated violation shall be removed by the property owner or person occupying the property.

 

(B)       (1) All notices are to be in writing and all filings are to be with the City Clerk.

 

(2) Certified mailing to the City Clerk or others Date of mailing is deemed filed on the date of posting to the United States Postal Service.

 

SECTION 2.  Chapter 92, Section 92.41 of the Holdingford City Code is hereby amended by removing the stricken text and adding the underlined text to read as follows:

 

' 92.41 APPEALS.

 

(A) The property owner may appeal by filing written notice of objections with the City Council or the person designated by the City Council within 48 hours seven days of the “Destruction Order” notice, excluding weekends and holidays, if the property owner contests the finding of the person designated by the City Council. It is the property owner's responsibility to demonstrate that the matter in question is shrubs, trees, cultivated plants or crops or is not otherwise in violation of this subchapter, and should not be subject to destruction under the subchapter.

 

(B) An appeal by the property owner shall be brought before the City Council and shall be decided by a majority vote of the Council Members in attendance and being at a regularly scheduled or special meeting of the City Council.

 

SECTION 3.  Chapter 92, Section 92.42 of the Holdingford City Code is hereby amended by removing the stricken text and adding the underlined text to read as follows:

 

‘92.42 ABATEMENT BY CITY.

 

In the event that the property owner shall fail to comply with the “Destruction Order” within seven regular business days and has not filed a notice within 48 hours to the City Council or person designated by the City Council Clerk of an intent to appeal, the City Council or the person designated by the City Council may employ the services of city employees or outside contractors and remove the weeds violation to conform to this subchapter by all lawful means. No person shall enter the property to abate the nuisance, except with the permission of the owner, resident or other person in control of the property.

 

SECTION 4.  Chapter 92, Section 92.43 of the Holdingford City Code is hereby amended by removing the stricken text and adding the underlined text to read as follows:

 

' 92.43 LIABILITY.

 

(A) Violations of this section are subject to proper enforcement provided herein as well as other applicable statute, laws or code provisions.

 

(B) The property owner is liable for all costs of removal, cutting or destruction of weeds as defined by this subchapter.

 

(BC) The property owner is responsible for all collection costs associated with weed destruction, including but not limited to court costs, attorney's fees and interest on any unpaid amounts incurred by the city. If the city uses municipal employees, it shall set and assign an appropriate per hour rate for employees, equipment, supplies and chemicals which may be used.

 

(CD) All sums payable by the property owner are to be paid to the City Clerk and to be deposited in a general fund as compensation for expenses and costs incurred by the city.

 

(DE) All sums payable by the property owner may be collected as a special assessment as provided by Minn. Stat. § 429.101, as it may be amended from time to time.

 

SECTION 5. This ordinance shall take effect following its adoption and publication in accordance with law.