AN ORDINANCE REGULATING WEEDS AND UNCUT GRASSES; PROVIDING PENALTIES FOR THE VIOLATION THEREOF; AND, REPEALING ALL ORDINANCES IN CONFLICT OF THIS ORDINANCE

BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF HATTON, TRAILL COUNTY, NORTH DAKOTA THAT ORDINANCE NO. 202 IS HEREBY AMENDED TO READ IN ITS ENTIRETY AS FOLLOWS:

WHEREAS, The City Council has determined that uncut weeds and grasses growing or standing upon property within the City of Hatton constitutes: its publication as required by law.

• A public nuisance;
• A health hazard as it provides breeding areas and food sources for vermin and insects.
• A fire hazard due to the combustible nature of long, dry grasses and weeds

IT IS THEREFORE ORDAINED:

That all lots and parcels of land within the City of Hatton which contain (at the present time or may contain in the future) weeds and grasses which have grown to a height exceeding 6 to 8 inches shall be in violation of this ordinance.  The City may enter upon the property and cut the weeds and grasses.

In the event the City cuts the weeds and grasses, the City shall bill the owner of said property for the reasonable cost of cutting the weeds and grasses.  If the owner fails to pay this bill when due, the amount thereof may be assessed against the property and collected and returned in the same manner as other municipal taxes are assessed, certified, collected, and returned pursuant to NDCC 40-05-01.1.

Saving Clause. If any portion of this ordinance shall be judged unconstitutional or contrary to the laws of the State of North Dakota, such section shall not invalidate the remaining portions of this ordinance, and it is hereby expressly declared that the remaining portions of this ordinance would have been adopted notwithstanding the invalid portions thereof, and it is hereby expressly declared that all of the remaining portions of this ordinance would have been adopted notwithstanding the invalid portions thereof, and that such portions not declared unconstitutional or contrary to the laws of the State of North Dakota shall remain in full force and effect. 

Repeal of Conflicting Ordinance.  All ordinances or part of ordinances in conflict herewith are hereby repealed.

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Douglas Meier, Mayor of Hatton

_____________________
Jackie Buchwitz, Auditor

First Reading:   June 7, 2010
Second Reading and Passage: June22, 2010