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STREETS, PARKS AND OTHER PUBLIC PROPERTY
<br />denial, revocation, or fee imposition will be in
<br />writing and supported by written findings
<br />establishing the reasonableness of the decision.
<br />(Code 2003, § 18-192; Ord. No. 207(3rd series),
<br />§ 1, 5-29-2018)
<br />Sec. 3.04.630. Reservation of regulatory
<br />and police powers.
<br />A permittee's rights are subject to the regula-
<br />tory and police powers of the city to adopt and
<br />enforce general ordinances as necessary to protect
<br />the health, safety and welfare of the public.
<br />(Code 2003, § 18-193; Ord. No. 207(3rd series),
<br />§ 1, 5-29-2018)
<br />Sec. 3.04.640. Severability.
<br />If any portion of this article is for any reason
<br />held invalid by any court of competent jurisdic-
<br />tion, such portion shall be deemed a separate,
<br />distinct, and independent provision and such
<br />holding shall not affect the validity of the remain-
<br />ing portions thereof. Nothing in this article
<br />precludes the city from requiring a franchise
<br />agreement with the applicant, as allowed by law,
<br />in addition to requirements set forth herein.
<br />(Code 2003, § 18-194; Ord. No. 207(3rd series),
<br />§ 1, 5-29-2018)
<br />ARTICLE V. VEGETATION
<br />Sec. 3.04.710. City to control tree plant-
<br />ing; standards.
<br />The city shall have control and supervision of
<br />planting shrubs and trees upon or overhanging
<br />all streets or other public property. The city may
<br />establish and enforce uniform standards relat-
<br />ing to the species and types of trees to be
<br />planted, their placement, maintenance and
<br />removal. Such standards shall be kept on file in
<br />the office of the city administrator and may be
<br />revised by action of the council upon the recom-
<br />mendation of the public works superintendent.
<br />(Code 1984, § 6.09(1); Code 2003, § 18-236; Ord.
<br />No. 296(3rd series), § 4(18-236), 2-26-2024)
<br />§ 3.04.730
<br />Sec. 3.04.720. Permit to plant or remove
<br />trees.
<br />It is a misdemeanor for any person to plant or
<br />remove any tree within the city right-of-way or
<br />overhanging streets without first procuring from
<br />the city a permit in writing to do so.
<br />(Code 1984, § 6.09(2); Code 2003, § 18-237; Ord.
<br />No. 296(3rd series), § 4(18-237), 2-26-2024)
<br />Sec. 3.04.730. Duty of property owners to
<br />cut grass and weeds and
<br />maintain trees and shrubs.
<br />(a) Every owner of property abutting on any
<br />street shall cause the grass and weeds to be cut
<br />from the line of such property nearest to such
<br />street to the center of such street. If the grass or
<br />weeds in such a place attain a height in excess of
<br />eight inches, it shall be prima facie evidence of a
<br />failure to comply with this section. Every owner
<br />of property abutting on any street shall, subject
<br />to the provisions in this article requiring a
<br />permit, trim, cut, remove and otherwise maintain
<br />all trees and shrubs in unhazardous and healthy
<br />condition, from the line of such property nearest
<br />to such street to the center of the street.
<br />(b) Managed natural landscapes are allowed
<br />in accordance with Minn. Stats. § 412.925. The
<br />term "managed natural landscape" means a
<br />planned, intentional, and maintained planting of
<br />native or nonnative grasses, wildflowers, forbs,
<br />ferns, shrubs, or trees, including, but not limited
<br />to, rain gardens, meadow vegetation, and
<br />ornamental plants. Managed natural landscapes
<br />do not include turfgrass lawns left unattended
<br />for the purpose of returning to a natural state.
<br />(c) The city may, in cases of failure to comply
<br />with this article, perform such work, keeping an
<br />accurate account of the cost for each lot, piece or
<br />parcel of land abutting upon such street.
<br />(d) If maintenance work described in subsec-
<br />tion (c) of this section is performed by the city,
<br />the public works superintendent shall forthwith
<br />upon completion of the work ascertain the cost
<br />attributable to each lot, piece or parcel of abut-
<br />ting land. The public works superintendent shall
<br />send a statement to the abutting property owner
<br />and, if the amount remains unpaid for 15 days,
<br />CD3:25
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