The Weed Control Ordinance is intended to promote the general health, safety and welfare of the residents and visitors of the City 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. Further, this chapter intends to promote the growth of native and other grasses, plants or trees whose root structures tend to aid in stabilizing the soil and reducing dust.
[HISTORY: Adopted by the Mayor and Council of the City of Española 11-12-2024 by Ord. No. 2024-04.[1] Amendments noted where applicable.]
A.
All rank, noxious, poisonous, harmful or unhealthful vegetation deleterious to health and the environment are designated as nuisance grasses, plants trees or weeds, including, but not limited to, the following named plants:
(1)
Pigweed (Amaranthus retroflexus).
(2)
Russian thistle (Salsola pestifer).
(3)
Ragweeds (Ambrosia spp.).
(4)
Lambsquarter (Kenopodium spp.).
(5)
Kochia.
(6)
London rocket (Sisymbrium irio).
(7)
Flix weed (Descurainia sophia).
(8)
Tansy mustard (Descurainia pinnata).
(9)
Spurge.
(10)
Silverleaf nightshade (Solarium elaeagnifolium).
(11)
Puncture vine (goat heads).
(12)
Field bind weed (Convolvulus arvensis).
(13)
Purslane.
(14)
Hoary cress.
(15)
Yellow foxtail (Setaria glauca).
(16)
Green foxtail (Seteria Viridis).
(17)
Tumbleweed (Salsola).
(18)
Siberian elm (Ulmus Pumila).
(19)
Salt Cedar (Tamarix spp.).
(20)
Cheatgrass (Bromus tectorum).
(21)
Curlyleaf pondweed (Potamogeton crispus).
(22)
Eurasian watermilfoil (Myriophyllum spicatum).
(23)
Giant cane (Arundo donax).
(24)
Hydrilla (Hydrilla verticllata).
(25)
Jointed goatgrass (Aegilops cylindrica).
(26)
Musk thistle (Carduus nutans).
(27)
Parrotfeather (Myriopllum aquaticum).
(28)
Russian knapweed (Acroptilon repans).
(29)
Russian olive (Elgeagnus angustifolia).
(30)
Tree of heaven (Ailanthus altissima).
B.
The City Manager 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. In doing so the manager is authorized to rely upon the New Mexico Department of Agriculture, office of the Director/Secretary, New Mexico State University's then current New Mexico Noxious Weed List. Upon such determination, the Manager shall notify the Governing Body and the Planning and Zoning Commission and shall publish notice of the amended list in the manner provided for publication of official notices.
It shall be unlawful for any owner of any occupied or unoccupied lot or tract of land within the City 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 whose height, width or spread is greater than four inches, or any accumulation of weeds and/or litter.
It shall be the duty of any owner or occupant of any occupied or unoccupied lot or tract of land to cut and remove the weeds as often as necessary in order to comply with the provisions set out in § 235-4.
A.
Notice of any violation of the provisions of this chapter shall be provided in writing to the owner or occupant of the property. Within 10 days of receipt of the notice, the owner or occupant may deliver a notice of appeal in writing to the City Manager, stating any reason why the order should not be enforced. The City Manager shall provide the owner or occupant with an opportunity to be heard and to contest the order and shall, within 10 days of the date of the notice of the appeal, notify the owner or occupant as to whether the order will be enforced. Any further appeal by the owner or occupant shall be to district court as may be authorized by law.
B.
Within 10 days of receiving the notice of violation, or within 10 days of the final determination by the City Manager, the owner or occupant shall remove and properly dispose of the weeds. Disposal must follow applicable state law and City ordinance.
Upon failure by the owner or occupant to abate the nuisance weeds as provided in § 320-5, or if the owner upon reasonable inquiry cannot be located, the City Manager shall cause such weeds to be removed and properly disposed of. The cost of administration of the notice to abate by the City Manager's and City Attorney's offices plus the actual cost of the removal and disposal of the weeds and the filing of the lien shall be a lien upon the real property which may be foreclosed as provided by law.
If the City Manager determines that the weeds on a property constitute an immediate threat to the public health, welfare or safety, the City Manager may provide such emergency notice for removal to the owner or occupant as is reasonable under the circumstances and, in the event of failure to comply, the City Manager may proceed to remove and dispose of the weeds as provided by law or ordinance.
The procedures for notice, removal and disposal contained herein are civil in nature and are in addition to any criminal enforcement in the municipal court, together with such penalties as are provided by the general penalty provisions of this code.