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Ord 2481 - City Wild Natural Areas COUNCIL BILL NO. 2876 ORDINANCE NO. 2481 AN ORDINANCE AMENDING ORDINANCE 2338 (THE NUISANCE ORDINANCE) TO CLARIFY THE CITY'S TREATMENT OF WILD NATURAL AREAS WHEREAS, Ordinance 2338 (the Nuisance Ordinance) generally prohibits noxious vegetation between May 1 and September 30 of any year; and WHEREAS, certain real property located in the City consists of wild natural areas where mowing is not practical, necessary or expected; and WHEREAS, not mowing these wild natural areas could be construed to violate the existing language of the Ordinance; and WHEREAS, amending Ordinance 2338, as provided herein, will clarify the City's treatment of these wild natural areas and eliminate the Ordinance violation issues; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. Section 5 of Ordinance 2338 (the Nuisance Ordinance) is amended to read as follows: Section 5. Noxious Vegetation. A. The term "noxious vegetation" means: 1. Weeds more than ten inches high; 2. Grass more than ten inches high; 3. Poison oak, poison ivy, or similar vegetation; 4. Berry vines and bushes that extend into a public right -of- way. B. Between May 1 and September 30 of any year, no owner or responsible party shall allow noxious vegetation to be on the property or in the right -of -way of a public thoroughfare abutting on the property. The owner or responsible party shall cut down or destroy grass, shrubbery, brush, bushes, weeds or other noxious vegetation as often as needed to prevent them from Page 1 - Council Bill No. 2876 Ordinance No. 2481 becoming unsightly or, in the case of weeds or other noxious vegetation, from maturing or from going to seed. C. The term "noxious vegetation" does not include vegetation that constitutes an agricultural crop, unless that vegetation is a health hazard or a fire or traffic hazard. D. The term "noxious vegetation" does not include vegetation that is located in environmentally sensitive or vegetated corridor areas unless that vegetation is a health hazard or a fire or traffic hazard. Exclusion of these areas from the scope of this Ordinance is intended to prevent or reduce adverse impacts to the drainage system and water resources and in combination with other state and federal laws protect the beneficial uses of waters within the Pudding River Basin. E. The term "noxious vegetation" does not include vegetation growing on real property where the City Administrator by Administrative Order has issued an exemption to this Ordinance. An Administrative Order concluding that real property is exempt from this Ordinance shall be justified by appropriate Findings and provided to the City Council by the City Administrator, as information, by placement on the City Council Consent Agenda. F. The City Administrator may issue Administrative Orders with Findings for City -owned real property that should be exempt from noxious vegetation requirements. G. The City Administrator may consider applications for Administrative Orders with Findings from the owners of real property not owned by the City who believe that their property should be exempt from noxious vegetation requirements. Approved as to form: (-19.€-M-_15- 1 S ° City Attorney /` Date Approv-d: � athr Figley, . • or 41 Passed by the Council /0 /07.20 /( Submitted to the Mayor /a /i / /z1 Page 1 - Council Bill No. 2876 Ordinance No. 2481 Approved by the ► ayor /D//Z72/11 Filed in the Of 7fthe Re - • • - ► o 20// ATTEST: 41�-lv hristina Shea 'er, Sity Recorder City of Woodburn, Oregon Page 1 - Council Bill No. 2876 Ordinance No. 2481