Informed Citizens
There is an entire chapter in the Holyoke Municipal Code about weeds, contained within the section on health and safety. Owners, lessees and occupants are expected to keep their yards free of excessive weeds. But it doesn’t stop there.
Police Chief Doug Bergstrom pointed out that one area people tend to overlook is the alley. People need to keep sidewalks, streets and alleys adjacent to their property free of weeds, too. Furthermore, if the weeds are not removed, the City may do so at the expense of the property owner — and that’s on top of a fine for being in violation.
Sec. 8.12.010.
Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Weeds means weeds, grass, brush or other vegetation which is in excess of ten inches in height, and shall include bindweed, Canada thistle, perennial sowthistle, Russian knapweed, common ragweed, milkweed, common sunflower, Russian thistle, fireweed, mustards, sandburs, hairy stickweed and grass. This enumeration is not intended to be exclusive, but rather is intended to be indicative of those types of plants which are considered a detriment to the public health and safety. The term “weeds” shall not include flower gardens, plots of shrubbery, vegetable gardens and small grain plots (wheat, barley, oats and rye).
Sec. 8.12.020.
Unauthorized accumulations declared nuisance.
Any unauthorized accumulation of weeds or brush on any premises is declared to be a nuisance and a health hazard, and is prohibited.
Sec. 8.12.030.
Permitting excessive accumulation of growth.
(a) It shall be unlawful for any owner, lessee, agent, occupant or person in possession or control of any occupied or unoccupied lot or tract of land or any part thereof in the city to permit or maintain on any such lot or tract of land, or on or along the sidewalk, street or alley adjacent to the lot or tract of land, any growth of weeds to a height greater than ten inches or any accumulation of weeds or brush.
(b) It shall be unlawful for any owner, lessee, agent, occupant or person in possession or control of any occupied or unoccupied lot or tract of land or any part thereof in the city to permit or maintain on any such lot or tract of land, any growth of dandelions exceeding 20 dandelions per any square yard of land area.
Sec. 8.12.040.
Notice to remove; hearing.
(a) The chief of police or his authorized representative shall give written notice by personal service or by certified mail to the last-known address of the owner, agent, lessee or occupant of the property, advising that unless weeds are cut and removed or dandelions removed within five days of receipt of the notice, or unless the addressee requests a hearing before the chief of police or his authorized representative within three days of receipt of the notice, the chief of police or his authorized representative shall cut and remove the weeds or dandelions under this section.
(b) Upon request of a hearing under this section, the chief of police or his authorized representative shall conduct such a hearing within two days of receipt of the request for hearing. The person requesting a hearing shall be given an opportunity at such hearing to explain why such weeds or dandelions should not be cut or removed. The decision of the chief of police or his authorized representative shall be final.
Sec. 8.12.050.
Cost of work done by city to be levied against property owner.
Any notice given pursuant to this chapter shall state that if the work required is not done within the time specified, the city will cause the work to be done at the expense of the property owner. The city clerk shall certify to the county treasurer the entire unpaid amount, to be collected in the same manner as other property taxes according to law.
Sec. 8.12.060.
Reservation of rights in addition to prosecution.
The prosecution of violations of this chapter shall not be construed as a waiver of the right of the city to assess any penalties and collect costs for work required which is performed at the direction of the chief of police or his authorized representative.
Sec. 8.12.070.
Violations; penalties.
Any person in violation of sections 8.12.010 through 8.12.030 shall be subject to a fine of not less than $25.00 for the first offense; for a second or subsequent offense, a person shall be subject to a fine of not less than $50.00, nor more than $300.00, plus costs.