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WEED
RESTRICTIONS
Weeds, such as jimson, burdock, ragweed, thistle, cocklebur, leafy spurge, Russian knapweed, spotted knapweed, diffuse knapweed, bindweed, dandelion or other weeds of a like kind, found growing in any lot or tract of land in the city, are a public nuisance and shall be removed.
This also includes any weeds, grasses or other unsightly vegetation to grow in height exceeding twelve inches or to otherwise become a nuisance.
Every owner or occupant of any property within the city shall remove all weeds, brush and rubbish of all kinds from the premises. This includes any alleys behind, sidewalks in front and any abutting the public right-of-way. The term "public right-of-way" means and includes the non-traveled portion of any street or alley.
NOTICE OF VIOLATION
The Code Enforcement Officer may serve a Notice of Violation upon the owner and/or any occupant of premises where weeds are found or permitted to grow in violation of the provisions of the City of Longmont Municipal Code. The notice shall be effective immediately upon personal service, or if by mailing, upon deposit in the United States mail.
The notice shall provide that the owner or person in possession of the property shall cultivate, mow or chemically spray and remove the weeds from the property within ten days of the mailing of the notice.
The owner or occupant may submit, in writing, a request for hearing in the matter to the City Clerk and a copy to the office of the City Attorney, stating any defenses to the duties of this chapter.
CITY INTERVENTION
If the owner or occupant fails to cultivate, mow or chemically spray and remove the weeds within the time provided by the notice, then the city or its agents may enter upon the property to cut and remove the weeds.
All expenses incurred by the city shall become the joint and several obligation of the owner(s) or occupant(s) of the property. The costs incurred by the city in such weed cuttings and removal, along with a twenty- percent administrative service charge, shall be a lien against the property. The costs shall be an assessment certified by the director of finance to the office of the county treasurer for collection in the same manner as the collection of general property taxes.
ADMINISTRATIVE LIEN
If costs for abatement of the property are not paid then upon receipt of the assessment roll certified by the director of finance, the county treasurer shall collect the amounts so assessed in the same manner as the collection of general property taxes.
In addition to the administrative remedies as stated above, the city attorney is authorized to file an action to abate and enjoin the weed nuisance before any court of competent jurisdiction. The city attorney may also maintain a claim for damages for costs incurred, lien foreclosure and costs of action, including reasonable attorney's fees.
Notwithstanding the administrative and judicial remedies stated in this chapter, it is unlawful for any owner or occupant of property to violate Section 9.32.010. The court shall punish offenders by a fine of between fifty dollars and five hundred dollars. The second conviction within a twelve-month period shall carry a minimum fine of one hundred dollars, which the court shall not suspend.
THE DANGERS
Noxious weeds are the most dangerous threat facing Colorado 's natural areas. Noxious weeds can easily spread from your property to public lands. It is your responsibility to remove noxious weeds from your property.
THREAT TO NATIVE SPECIES
Noxious weeds are plants that are not native to Colorado and are mandated by law to be controlled. They have no natural enemies here to control their populations. Their seeds are easily spread by wind, water, tires, clothing, plus domestic and wild animals. Once noxious weeds become established in an area, they crowd out surrounding native plants by stealing precious moisture, nutrients and sunlight. This change in the plant community harms the local wildlife community. Without the native plants they depend on, native wildlife numbers can drop drastically in weed-infested areas.
IT'S AGAINST THE LAW!
The Colorado Noxious Weed Act, §§ 35-5.5-101-119 C.R.S (2003) designates myrtle spurge as a List A Noxious Weed that must be eradicated. It is a violation of this law to allow myrtle spurge to "produce seed or develop other reproductive propagules."
SPECIFIC LIST "A" AND "B" PLANTS
| City of Longmont Code Enforcement | 303-651-8695 or 303-651-8321 |
| Colorado Department of Agriculture | http://www.cwma.org/noxweeds.html#list |
Last Updated: 05/23/12