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The current language in the proposed ordinance sets a limit of eight inches on the height of weeds on residential zoned properties. It also uses the Colorado agriculture commissioner's A, B and C noxious weed lists as the standard for determining what plants are considered weeds.
The proposed new ordinance is something that Community Development Director David Callahan, Fort Morgan Police Lt. Jared Crone and Assistant City Attorney Jerrae Swanson have been working on for several months. It would include changes and updates from the existing nuisance ordinance that the council had expressed to Callahan were needed, as well as those requested by police for code enforcement and by Swanson for prosecution of code violations.
greatly offend the public morals or decency; unlawfully and substantially interfere with, obstruct or tend to obstruct or render dangerous for passage any street, alley, highway, navigable body of water or other public way."
"That's a pretty inclusive weed list," Callahan said. "Anything that's unkempt and over eight inches, code enforcement can ask for abatement."
He showed a PowerPoint presentation during the council meeting with pictures illustrating some of these specific examples. That presentation can be viewed by watching the March 20 council meeting video hosted on the city of Fort Morgan's website.
This part of the ordinance would prohibit: "Any inoperable, unlicensed or abandoned vehicle which is stored outside, except evidencing signs of an intent to repair or those stored at a Puma Evopower 3 Futsal
"There unquestionably will be judgment calls," Callahan said. "That's the hard part about nuisance laws."
Some of these noxious weeds include: African rue, Mediterranean sage, purple loosestrife, yellow starthistle, bull thistle, Canada thistle, diffuse knapweed, spotted knapweed, common burdock, field bindweed, poison hemlock and puncturevine. The full lists and pictures of each type of weed can be viewed on the Colorado Department of Agriculture's website.
place of business licensed to store junk vehicles."
The ordinance would also deal with inoperable vehicles.
An abatement procedure is included in the proposed ordinance, and includes process to appeal the determination of nuisance to the city manager before municipal court would get involved.
One of the most contentious issues that the nuisance ordinance will regulate will be weeds.
Callahan told the council that this is a very broad definition, but there are more specific examples within the ordinance, as well.
Under the proposed ordinance, a public nuisance would be defined as "any act, thing, occupation, condition or use of property which shall be Adidas 16.2 Fg of such a nature and shall continue for such length of time as to do any of the following: substantially annoy, injure or endanger the comfort, health, repose or safety of the public; Adidas X 16.1 Red Limit
The proposed ordinance also would include new building maintenance requirements regarding: loose or falling shingles; fallen trees or those likely to fall, causing potential danger; excessive peeling paint; accumulation of refuse that becomes a home for "disease carrying insects, rodents or other vermin;" and exterior building walls with holes, breaks and loose or rotting materials or those not properly weatherproofed or surface coated where required to prevent deterioration.
"My hope is that we get some public feedback about this issue," Wells said. "It's something important for the public to comment on . . . This is open to discussion and modification. It can be tailored to the needs of the community."
"This is our attempt to find a useful way to deal with this," Callahan said. "If it's too heavy handed, let us know."
Public hearing April 3 on new Fort Morgan nuisance law
The Fort Morgan City Council on Tuesday night approved setting first reading and a public hearing on a proposed new nuisance ordinance for the April 3 regular council meeting.
"The exterior of every building . . . shall be maintained in good repair," the proposed ordinance states.
Callahan said that using the official state weeds lists will make it much easier for code enforcement officers to determine what are weeds and what are not, as well as making it easier for city attorneys to prosecute court challenges to citations.
and concerns about the proposed nuisance ordinance.
"Usually, when you're splitting hairs, you end up in court," Swanson told the council. "We're trying to attack this from two points: general and specific."
He told the council that eight inches of weeds seemed to be the standard used by many Colorado cities because it works for native grasses and yards intended for water conservation. But he also pointed out that most people keep their grass cut to only two to three inches high.
The council members and Acting City Manager Jeff Wells said they wanted to hear from the residents their thoughts Adidas Football Freestyle Shoes
Callahan pointed out that the ordinance would not expressly prohibit all outside storage except where a stated nuisance is involved. But this is something that would need to be dealt with on a case by case basis, as there is a very fine line between certain related provisions of the ordinance.
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