[HISTORY: Adopted by the City Council of the City of Socorro 12-2-1985 by Ord. No.
12-84-01. Amendments noted where applicable.]
This chapter shall be known and cited as the "Socorro Weed Ordinance."
This chapter is intended to promote the general health, safety
and welfare of the people of the City of Socorro by prohibiting the
maintenance or accumulation of those plants determined to be of major
allergenic significance, or which constitute a fire hazard when wind
collected, or which otherwise present a hazard or nuisance to inhabitants
of the City of Socorro. Further, this chapter is intended to promote
the growth of native and other grasses and plants whose root structures
tend to aid in stabilizing the soil and reducing dust. It is also
the intent of this chapter that by prohibiting those methods of plant
removal and control which fail to differentiate between harmful and
helpful plants and which tend to create the still greater problem
of air pollution, the aforementioned purposes will be realized and
accomplished.
A.Â
When not inconsistent with the context, words used in the present
tense include the future, words used in the plural number include
the singular, and words used in the singular include the plural number.
B.Â
The word "shall" is always mandatory and not merely directory.
C.Â
CITY
MAYOR
PERSON
WEEDS
(1)Â
(2)Â
For the purpose of this chapter, the following words and their derivations
shall have the meanings given herein:
The City of Socorro, New Mexico.
The Mayor of the City of Socorro or his authorized representative.
Includes one or more persons of either sex, natural persons,
corporations, partnerships, associations, joint-stock companies, societies
and all other entities of any kind capable of being sued.
All rank, noxious, poisonous, harmful, unhealthful vegetation,
deleterious to health, and shall include but is not limited to the
following named plants:
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Pigweed (Amaranthus retroflexus)
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Russian Thistle (Salsola pestifer)
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Ragweed (Ambrosia spp.)
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Lambsquarter (Kenopodium spp.)
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Kochia
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The Mayor is hereby authorized and delegated the authority and
duty to determine if any other plants, due to their unhealthy or dangerous
attributes or consequences, should be placed on the list of weeds
as defined herein and shall put such plants on said list if, after
a hearing based on the evidence before him, it appears that such plants
do come within the meaning of the term "weeds" as hereinbefore set
out.
It shall be unlawful for any owner, lessee or occupant, or any
agent, servant, representative or employee of any such owner, lessee
or occupant, having charge or control of any occupied or unoccupied
lot or tract of land within the City of Socorro, to permit or maintain
on any such lot or tract of land, including the area located between
the property line and the middle of the alley adjacent to the property,
and the area located between the property line and the curb, the area
of any curbs or sidewalks located on the property, and the area located
10 feet outside the property line where there is no curb, any growth
of weeds to a greater height than four inches, or any accumulation
of weeds.
It shall be the duty of any owner, lessee, occupant or person in control or in charge of any occupied or unoccupied lot or tract of land to cut the weeds and remove the cuttings or any accumulation of weeds to be removed as often as necessary in order to comply with the provisions set out in § 243-4 of this chapter.
If the provisions of the foregoing sections are not complied
with, the Mayor or his authorized representative shall notify the
owner, lessee, or occupant or any person having charge or control
of any occupied or unoccupied lot or tract of land to comply with
the provisions of this chapter. The notification to the owner, lessee,
or occupant, or any person having charge or control of any such lot
or tract of land shall be in writing. In the event such owner, lessee,
occupant or any person having charge or control of such lot or tract
of land cannot be determined or the owner shall be a nonresident of
the City of Socorro, such notice may be served by posting a copy of
the written notice upon the premises.
In those cases where the owner, lessee or occupant or a person
having charge or control of any occupied or unoccupied lot or tract
of land is a nonresident of the City of Socorro or cannot be determined
and compliance with the provisions set forth in the notice has not
occurred within 10 days, the Mayor shall cause such weeds to be cut
and the cuttings or any accumulation of weeds removed. If the owner,
lessee or occupant or a person having charge or control of any such
lot or tract of land is a resident of the City of Socorro and is notified
in writing as provided and fails to comply with the provisions of
this chapter within 10 days, the Mayor may cause such weeds to be
cut and the cuttings or any accumulation of weeds removed. In any
event, should it appear to be a matter of public necessity for health
or safety reasons, the Mayor may give notice that the weeds must be
cut or removed immediately, in which event, should there be noncompliance,
the Mayor is authorized to cause such weeds to be cut and the cuttings
or any accumulation of weeds removed immediately. The actual cost
of the cutting or removal of weeds plus any other penalties or costs
allowed by law in connection therewith, under any of the circumstances
herein set out, shall become a lien upon the property from which such
weeds were removed in the manner prescribed by law.
The approved methods of controlling weeds shall be mowing, cutting,
digging, or other methods designed to remove the weeds but not disturb
other vegetation or unnecessarily disturb the soil. Scraping the tillage
of lots and tracts of land is prohibited unless permission of the
Mayor is first obtained; except that scraping the tillage as part
of normal construction activities or as ground preparation for agriculture
or landscaping activities shall be allowed. The Mayor shall allow
scraping the tillage of lots or tracts of land when this will not
detract from or violate the clear intent and purpose of this chapter.
The Mayor or his designated representative shall be the administrative
authority for this chapter. The administrative authority shall establish
policies and procedures for the receiving and hearing of protests
concerning the application of the chapter and the levying of the charges
provided for herein.
Any person who shall fail and neglect to cut the weeds and remove the cuttings or any accumulation of weeds as provided in this chapter or who shall fail, neglect or refuse to comply with the provisions of any section of this chapter or of any notice herein provided for, or who shall violate any of the provisions of this chapter whatsoever or who shall resist or obstruct the Mayor or his authorized representative in the cutting of weeds or the removal of cutting or the accumulation of the weeds shall, upon conviction thereof, be subject to a fine or imprisonment as set forth in Chapter 1, Article III, Penalties, of the Socorro City Code.
