Wednesday, June 25, 2008

Weeds higher than a foot? Bosque Farms says it's time to get to work

Clara Garcia News-Bulletin Staff Writer; cgarcia@news-bulletin.com

Bosque Farms The Village of Bosque Farms is making sure that the weed problem doesn't grow larger as the council amended its ordinance Thursday night.

After much discussion and two tie-breaking votes, the council approved amending the village's weed ordinance. The new amendments deal with the height of weeds in Bosque Farms and the course of action the village can take when citing property owners who violate the ordinance.

The newly approved ordinance states: "Each person in charge of property shall destroy, cut, control and remove such weeds as often as growth and condition of such weeds may require to maintain a maximum height of 12 inches." The old ordinance allowed property owners to keep their weeds at a maximum height of 18 inches.

The newly amended ordinance also cut down the time and expense the village had to go through in dealing with violators. Prior to the council amending the ordinance, the village would first mail a property owner a letter informing him or her of the violation.

If the violation was not rectified within 15 days, a second certified letter would then be sent to the person. If he or she continued not to comply, the village could then contract with a third party to clean up the property. If the property owner did not reimburse the village for the expense of the cleanup, the village could then put a lien on the property until the owner repaid the debt.

Under the amended ordinance, the village will now send a property owner one violation notice, and if the weeds are not cut within 15 days, the planning and zoning officer will then cite him or her in municipal court.

During Thursday's meeting, Councilor Virgil Proctor made a motion to disapprove of the amended ordinance. He said the reason he made the motion was because he felt the maximum 12-inch height constraint would make the job more difficult for Donna Baker, the village's planning and zoning officer.

"As I looked this over the past few weeks, I got a violation on some lots and some other people who got violations contacted me and I feel if we lower this down, we're going to keep Donna too busy," Proctor said. "I would like to go back to 18 inches, and I think it will be well worth it."

Councilor Bill Kennedy, who seconded Proctor's motion, said he also spoke to a number of residents who said they were not in favor of the 12-inch maximum. He said he too was in favor of the 18-inch weed limit.

Baker told the council that she was more comfortable with proposed limit.

"I'm spending a ton of money on certified letters right now, and the weeds aren't getting done," Baker said. "There's about 15 (properties) right now that it's time for us to go in and clean. It's not extra work for me; it doesn't make a difference if it's 12 or 18 inches."

After the meeting, Baker said she sends each week on average about 100 first violation notices to property owners and about 12 second certified notices at a cost of $5.22 per letter.

During the meeting, Councilor Dolly Wallace said the weeds are a problem and could be a fire hazard if they are not taken care of. She also said if the amendments are approved, it could help make sure that residents don't let their weeds grow out of control.

"I'd rather people have to cut their weeds than someone who lost their house because they allowed their weeds to grow and be dangerous," Wallace said. "That's my biggest concern. At 12 inches, we would be one of the loosest in our (weed) ordinances of municipalities in our area and state."

Wallace also said overgrown weeds could affect property values for residents who live next to property owners who allow their yards to get overgrown.

Councilor Bob Knowlton agreed with Wallace and said he had not heard from any citizens concerning this issue. He told the council that he would like to see everyone keeping up with their property and cutting their weeds.

When a vote on the motion to disapprove of amending the weed ordinance was called, Proctor and Kennedy voted yes, while Wallace and Knowlton voted no. Mayor Wayne Ake broke the tie with a no vote.

Wallace then made a motion to approve the amended ordinance, and Knowlton seconded. Both councilors voted in favor of the motion, while Proctor and Kennedy voted against. Again, Ake broke the tie with a yes vote.

The ordinance will go into effect immediately.

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