City of Charter Oak ORDINANCE NO. 5-29-2026 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF CHARTER OAK, IOWA, BY ADDING A NEW CHAPTER ON MOWING OF PROPERTIES BE IT ENACTED by the City …

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City of Charter Oak ORDINANCE NO. 5-29-2026 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF CHARTER OAK, IOWA, BY ADDING A NEW CHAPTER ON MOWING OF PROPERTIES BE IT ENACTED by the City Council of the City of Charter Oak, lowa: SECTION 1. NEW SECTION. The Code of Ordinances of the City of Charter Oak, lowa, is amended by adding a new Chapter 3 under Title I I (Community Protection), Division 3 (Building and Property Regulations), entitled MOWING OF PROPERTIES, which is hereby adopted to read as follows: Title I I - Community Protection Division 3 - Building and Property Regulations CHAPTER 3 MOWING OF PROPERTIES 2.3-3.01 Purpose 2.3-3.02 Exemptions 2.3-3.03 Definitions 2.3-3.04 Cutting Specifications and Standards of Practice 2.3-3.05 Uniform Height Specifications 2.3-3.06 Mowing in the Street 2.3-3.07 Publication of Notice 2.3-3.08 Failure to Comply 2.3-3.09 Collection of Costs 2.3-3.10 Failure to Abate 2.3-3.01 PURPOSE. The purpose of this chapter is to beautify and preserve the appearance of the City by requiring property owners and occupants to maintain grass lawns at a uniform height within the boundaries of their property and on abutting street right-of-way in order to prevent unsightly, offensive, or nuisance conditions. 2.3-3.02 EXEMPTIONS. The Council reserves the right to declare any particular area exempt from this chapter if it involves conservation or other natural grass, flower, or wildlife area, such exemption to be approved by the Council by motion and filed in writing with the Clerk. 2.3-3.03 DEFINITIONS. For use in this chapter, the following terms are defined: 1. "Curb," "curb line," or "curbing" means the outer boundaries of a street at the edge of that portion of the street usually traveled by vehicular traffic. 2. "Cut" or "mow" means to mechanically maintain the growth of grass, weeds, or brush at a uniform height. 3. ”Owner" means a person owning private property in the City and any person occupying private property in the City. 4 . "Parking" means that part of a street in the City not covered by a sidewalk and lying between the lot line or property line and the curb line; or on unpaved streets, that part of the street lying between the lot line or property line and that portion of the street usually traveled by vehicular traffic. 2.3-3.04 CUTTING SPECIFICATIONS AND STANDARDS OF PRACTICE. 1. Every owner shall cut, mow, and maintain all grass, weeds, and brush upon the owner's property and adjacent to the curb line or outer boundary of any street which includes the parking area abutting the owner's property, to a uniform height as defined in Section 2.3-3.05. 2. Every owner shall cut, mow, and maintain all grass, weeds and brush adjacent to the curb line, including the parking area abutting the owner's property, in such a manner so as to be in conformity with and at an even height with all other grass, weeds, or brush growing on the remainder of the owner's property. 3. Every owner shall cut, mow, and prevent all grass, weeds, and brush adjacent to the curb, curb line, or curbing, in such a manner so as to keep all grass, weeds, and brush from exceeding said curb, curb line, or curbing. 4. Every owner shall cut, mow, and prevent all grass, weeds, and brush up to the adjacent alleyway. 2.3-3.05 UNIFORM HEIGHT SPECIFICATIONS. Grass, weeds or brush shall be cut, mowed and maintained so as not to exceed the following height specifications: 1. Developed Residential Areas - not to exceed eight inches. 2. Undeveloped Residential Areas - not to exceed eight inches. 3. Business and Industrial Areas - not to exceed six inches. 4. Agriculture Areas - not to exceed 15 inches. Grass, weeds, and brush that are allowed to grow in excess of the above-specified limitations, are deemed to be violations of this chapter. Any property within the City, whether vacated or non-vacated, is required to conform to these specifications. 2.3-3.06 MOWING IN THE STREET. No property owner shall cut, mow, or deposit in any fashion any grass, weeds, brush, or leaves upon a City street. Property owners found to be in violation of this section shall be fined $30.00 for the first occurrence in a mowing year, and $60.00 for subsequent violations. 2.3-3.07 PUBLICATION OF NOTICE. Annually, in the spring, the City will publish the ordinance codified in this chapter in an official newspaper. This publication shall serve as the annual notice to property owners. Upon violation of this chapter the City will send only one notice by certified mail to a property owner in a calendar year and this notice shall serve as a continuing notice for the remainder of the mowing season. No additional notice by mail will be sent to the property owner. The City will be authorized to respond to violations without additional written notice being given. 2.3-3.08 FAILURE TO COMPLY. I f the property owner fails to comply with this chapter, the Council or its appointee shall cause the property to be mowed. The fee for this service will be set by resolution. 2.3-3.09 COLLECTION OF COSTS. The City Clerk shall send a statement of the total expense incurred to the property owner who has failed to abide by the publication notice. If the amount shown by the statement has not been paid within 3 0 days, the Clerk shall certify the costs to the County Treasurer and such costs shall then be collected with, and in the same manner as, general property taxes. 2.3-3.10 FAILURE TO ABATE. Any person causing or maintaining a nuisance who shall fail or refuse to abate or remove the same is in violation of this Code. SECTION 2. SEVERABILITY CLAUSE. If any section, provision, or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision, o r part thereof not adjudged invalid or unconstitutional. SECTION 3. WHEN EFFECTIVE. This ordinance shall be in effect from and after its final passage, approval, and publication as provided b y law. Passed by the Council the 1s day of June 2026, and approved this 1" day o f June 2026. Peggy Staley, Mayor ATTEST: Sara Bohlmann, City Clerk First Reading: June 1st, 2026. Motion to approve first reading Ordinance 5-29-2026 by Castillo, seconded by Hampton. Ayes: Castillo, Ulmer, Maack, Hampton. Nays: Copeland. Motion carried. Second Reading: June 1st, 2026. Motion to waive second reading Ordinance 5-29-2026 by Castillo, seconded by Ulmer. Ayes: Castillo, Ulmer, Maack, Hampton. Nays: Copeland. Motion carried. Third Reading: June 1st, 2026. Motion to approve final reading Ordinance 5-29-2026 by Ulmer, seconded by Castillo. Ayes: Castillo, Ulmer, Maack, Hampton. Nays: Copeland. Motion carried. I certify that the foregoing was published as Ordinance No. 5-29-2026 on the 1st day of June 2026. Sara Bohlmann, City Clerk MP6-11-26