Weeds, Brush, and Rubbish on Property

The following information is from the City of Fruita's Municipal Code regarding Weeds, Brush, and Rubbish.

Chapter 8.04

Weeds, Brush, and Rubbish

Sections:

• 8.04.010 - Definitions
• 8.04.020 - Cutting Weeds - Duty of property owner
• 8.04.030 - Cutting and removal required
• 8.04.040 - Notice to cut and remove - Publication required - Contents
• 8.04.050 - Collection of assessments
• 8.04.060 - Penalties

8.04.010 - Definitions. As used in this chapter:

• "Brush" means a volunteer growth of bushes and such brush as is growing out of place in the location where growing, including all cuttings from trees and bushes, and also high and rank vegetable growth which may conceal filthy deposits.
• "Rubbish" means places of discarded building material, waste, or rejected matter, trash or refuse.
• "Weed" means any unsightly, useless, troublesome or injurious, herbaceous plant, and also rank vegetable growth which exudes unpleasant or noxious odors or that may conceal filthy deposits, and including those Noxious Plant species designated in Section 1.3 Mesa County Noxious Weed List within the Mesa County Noxious Weed Management Plan. (Ord. 213, S3, 1965; Ord. 1993-08; Ord. 2007-13, S1)

8.04.020. Cutting Weeds - Duty of Property Owner.

It shall be the duty of each and every owner, agent or lessee of any lot or tract of ground in the city to cut to the ground all weeds twelve (12) inches in height or higher, including puncture vines regardless of height, or any designated noxious weed or brush; and to keep such growth down on each lot or tract of ground, on or along any street or avenue adjoining the same between the property line and the curb line thereof, and on or along any alley adjoining the same between the property line and the center of such alley. In the event a curbline does not exist, the City shall maintain a distance of ten feet (10') on both sides of the pavement. The property owner adjacent to said right of way shall be responsible for the maintenance of remaining right of way up to their property line along the length of said property line adjacent to the pavement. (Ord. 457, S2, 1981; Ord. 1983-47, S3; Ord. 2003-28; Ord. 2007-13, S2)

8.04.030. Cutting and Removal Required.

It shall be the duty of the owner, agent or lessee of any lots, tracts, or parcels of land to cut such weeds or brush and to remove the same together with any rubbish herein mentioned, and to keep such weeds down each year. All such weeds and brush shall immediately, upon cutting, be removed and properly disposed of. Noxious weeds shall be controlled pursuant to Section 5.0 Best Management Practices for Noxious Weeds in Mesa County within the Mesa County Noxious Weed Management Plan. (Ord. 457, S3, 1981; Ord. Revised 12/31/2013 8-4 Health and Safety 1983-47, S4; Ord. 2007-13, S3)

8.04.040 Notice to Cut and Remove – Publication Required – Contents.

The Code Compliance Officer shall publish annually after April 15th and before June 15th, once each week during two consecutive weeks, a notice in a newspaper published regularly in the County of Mesa, State of Colorado, and qualified to accept and publish legal notices, notifying all residents, lessees and owners of property, without naming them, that it is their duty to cut and to keep cut the weeds and brush and to remove the same, together with the rubbish from their property and from the streets and alleys as in this chapter provided, and that in default of such cutting and removal the work shall be done under the orders of the City Council and the costs thereof shall be assessed to the respective lots, tracts or parcels of land. A notice of the assessment shall be sent to the property owner by certified mail. (Ord. 457, S3, 1981; Ord. 1983-47, S5; Ord. 2007-13, S4)

8.04.050 Collection of Assessments.

It shall be the duty of the owner to pay such assessment within twenty days after the mailing of such notice, and in case of his failure to do so, he shall be liable personally for the amount of the assessment and the same shall be a lien upon the respective lots or parcels of land from the time of such assessment. In case the owner shall fail to pay such assessment within twenty days after notice has been mailed to him, as provided by this chapter, this then it shall be the duty of the city clerk to certify the amount of the assessment to the county treasurer or other officer of the county having the custody of the tax list, at the time of such certification, to be by him placed upon the tax list, for the current year and to be collected in the same manner as other taxes are collected, with 10% penalty thereon to defray the cost of collection; and all the laws of the State of Colorado for the assessment and collection of general taxes, including the laws for the sale of the property for taxes and the redemption thereof, shall apply to and have full effect for the collection of all such assessments. (Ord. 440, S2, 1980; Ord. 1983-47, S6)

8.04.060 Penalties.

Any person who violates any of the provisions contained in this Chapter commits a noncriminal municipal offense. The fact that assessments have been made against property as provided in this Chapter for cutting and removing weeds, brush and rubbish shall not prevent the owner, agent or lessee from being convicted and sentenced for a noncriminal municipal offense. A penalty may be imposed on those violating any of the provisions of this Chapter, whether or not an assessment has been levied in accordance with the provisions of this Chapter. (Ord. 2000- 09, S14)