Chattanooga's proposed lawn ordinance creates permitting process/regulatory board

[Lana Sutton]

I'm on the city's Eco-Landscaping Committee, which is tasked with recommending changes to this ordinance (below). And I would appreciate any input ([e-mail]).
Pay close attention to where it says any gardener caught with "natural" elements may end up in the permitting or abatement process.
This landscaping regulatory board, which has not been named or defined, is outside the court system, thus there's no appeals process.
This affects all gardeners, since those with natural elements in their yards must get permits, pay fees, face renewals every two years, and submit legal ads and letters to neighbors. If you don't, you face fines and forfeitures.
Our next committee meeting is tomorrow, and it was suggested to me that we can only tweak the ordinance, not make wholesale changes.
I was told the city's legal counsel developed these ordinance changes with help from Neighborhood Services administrators, yard inspectors, and members of the city's Eco-Friendly Landscaping Committee. I did not help write this:

Sec. 20-28. Weeds and noxious growths; regulation of natural lawns.


(a) Any growth of weeds to a height of over ten (10) inches and any rank vegetable
growth which harbors mosquitoes or emits unpleasant and noxious odors on any premises in the
city is hereby declared to be a nuisance within the meaning of section 20-21 of this Code, and
subject to the provisions of this article. The provisions of this subsection shall not apply to a
natural lawn or nature area or nature areas permitted by the Department of Neighborhood
Services and Community Development (hereafter the “Department”).


(b) "Property owner" for the purpose of this Section shall be defined to include the legal
title holder and/or the beneficial owner (NO TENANTS) of any such lot according to most
current City records. { Property owner will be defined, per City Code definition}


(c) A “natural lawn" or "nature area" as used in this section shall include common
species of grass and wild flowers native to North America which are designed and purposely
cultivated to exceed ten (10) inches in height from the ground. Specifically excluded in natural
lawn or nature areas are noxious grasses, invasive exotic plants and weeds. The growth of a
natural lawn or nature area in excess often (10) inches in height from the ground surface shall
be prohibited within the City’s corporate limits unless a natural lawn management plan
("NLMI·"’) is approved and a permit is issued by the City as set forth in this Section. Natural
lawns or nature areas shall not contain litter or debris, allow for invasive plants (list will be
provided by Urban Forester) and shall not harbor undesirable wildlife. The NLMP shall
provide for pest control measures.


(c) A NLMP as used in this Section shall mean a written plan relating to the
management and maintenance of a lawn which contains a legal description of lawn upon which
the planted grass will exceed ten (10) inches in length, a statement of intent and purpose for the
lawn, a detailed description of the vegetation types, plants and plant succession involved, and the
specific management and maintenance techniques to be employed. Natural lawn management
plans shall only indicate the planting and cultivating of natural lawns or nature areas on
property legally owned by the property owner. Applicants are strictly prohibited from
developing a natural lawn or nature area on any City-owned property including street rights-of-
way. The area for a natural lawn shall not be permitted within ten (10) feet of the abutting
property owner‘s property line or City right of way.


(d) Property owners who wish to plant and cultivate a natural lawn or nature area must
submit their written plan and related information on the form provided by the Department of
Neighborhood Services and Community Development (hereafter the "Department"). The
completed application shall include a N`L1\/[P. A fee of g shall be paid to the
Department to process the application and NLM? (This is consistent with other fees charged
(Board of Zoning Appeals Beer Board, Planning Commission. etc., amount to be determined)
Upon receiving payment, copies of the completed application and NLMP shall be mailed by the
property owner/Department to each owner of record who are owners of the property situated
wholly or in part within a minimum of two (ZOO} hundred feet of the boundaries of the
properties for which the application is made. The application and NLMP shall be reviewed by
___________. Said notice will be mailed at least seven (7) days prior to the public
meeting by the . The most recently updated tax rolls for the City of Chattanooga will
be the source of ownership information for purposes. A notice shall be published in
a daily paper at least seven (7) days before the hearing (proposed, subject to change

(e) The Natural Lawn Management Plan Committee, hereinafter referred to as
"Committee" shall approve or deny the request to plant and cultivate a natural lawn or nature
area. Approved applications and NLMP shall be valid for two (2) years. The property shall re-
apply for renewal of an expired application and NLMP by filing a renewal application and
submitting a NLMP or obtain approval to continue an approved NLMP. The
________decision to approve or deny the natural lawn permit shall be final and binding.
Language will be added that details composition and functions of committee.


(f) When, in the opinion of the Fire Chief the presence of a natural lawn or nature
area may constitute a fire or safety hazard due to weather and/or other conditions, the Fire
Chief may order the cutting of natural lawns or nature areas to a safe condition. As a condition
of receiving approval of the natural lawn permit, the property owner shall be required to cut
the natural lawn or nature area within the three (3) days upon receiving written direction from
the Fire Chief
.

(g) Natural lawns or nature areas shall not be removed through the process of burning
unless stated and approved as one of the management and maintenance techniques in the
NLMP and only with a burning permit issued by the Air Pollution Control Bureau. The Fire
Chief shall review all requests to bum natural lawns or nature areas and shall determine if
circumstances are correct and all applicable requirements have been fulfilled to insure public
safety. Burning of natural lawns or nature areas shall be strictly prohibited unless a written
permit to burn is issued by the Fire Chief The Fire Chief shall establish a written list of
requirements for considering each request to burn natural lawns or nature areas, thereby
insuring the public safety. In addition, the property owner requesting permission to burn the
natural lawn or nature area shall produce evidence of property damage and liability insurance.


(h) The Administrator of the Department or the Mayor, upon the recommendation of
the Building Inspector, Code Official or Code Enforcement Officer or Fire Marshall, shall
have the authority to revoke an approved NLMZP permit if the owner fails to maintain the
natural lawn or nature area or comply with the provisions set forth in this Section.


(i) The growth of a natural lawn or nature area as defined in this Section shall be
considered a public nuisance unless a NLMP has been filed and approved and a permit is
issued by the Department as set forth in this Section, Any person who violates the provisions
of this section shall be served with a notice of public nuisance by certified mail to the last-
known mailing address of the property owner. If the person so served with a notice of public
nuisance violation does not abate the nuisance within ten (l0) days, the Department may proceed to abate such nuisance, keeping an account of the expense of the abatement, and such
expense shall, upon the filing of a notice with the office of the Register of Deeds of the
Hamilton County in which the property lies, be assessed as a municipal lien on the property in
favor of the City, second only to liens of the state, county and municipality for taxes, any lien
of the municipality for special assessments and any valid lien, right or interest in such property
duly recorded or duly perfected by filing prior to the filing of such notice. This cost shall be
placed upon the tax rolls of the City as a lien and shall be added to the property tax bills to be
collected at the same time and in the same manner as property taxes are collected. If the
owner fails to pay the costs, they may be collected at the same time and in the same manner as
delinquent property taxes are collected and shall be subject to the same penalty and interest as
delinquent property taxes. Notice of the bill for abatement of the public nuisance shall be
mailed to the owner of the premises and shall be payable within ten (10) calendar days from
receipt thereof Within sixty (60) days after such costs and expenses are incurred and remain
unpaid, the Department shall enter those charges onto the tax roll as a special tax as provided

by State statute. The failure of the Department to record such claim or to mail such notice or
the failure of the owner to receive such notice shall not affect the right to place the City’s
expense on the tax rolls for unpaid bills for abating the public nuisance as provided.


(j) It shall be unlawful for a person, firm or corporation to be in conflict with or in
violation of any of the provisions of this Section or fail to abate the nuisance within the
required time period or who otherwise violates the provisions of this Section.

[Gail W.]

Perhaps I am quick to gravitate towards the negative but this just seems insane . . . so very backward thinking. I wonder how much positive change will be slowed or discouraged as a result of the further "bureaucratizing" of lawn care--which I imagine is largely the point of this ordinance. Has the committee defined what "weeds" are with a specified list? Have they listed any exceptions to the rule--"weeds" which may be beneficial? I suppose a weed constitutes practically anything they don't like or that deviates from a typical lawn? I was thinking of installing a white clover lawn--benefits reduced watering, reduced mowing (5% of air pollution coming from gas powered mowers?? yikes), reduced use of pesticides with its attraction to pest-devouring insects. I have not moved on this matter because I was trying to figure out if I could install such a lawn without endangering my neighbors' classic grass lawns. And now . . . if this ordinance is currently enforceable . . . I presumably can't?

[Lana Sutton]

Yes, one major problem with this ordinance is the absence of a definition of weed, a deliberate omission, since inspectors need as much leverage as possible in court, and like to be as vague as possible in order to cast a wide net when on a sweep for violators. That's my personal experience as one who's been to court three times to defend my acre naturalization project, and successfully so far. The definition of weed could be perceived as anything unwanted. I pointed out to the judge that I put my native plants deliberately and thoughtfully in place, and they are not weeds. I pointed out that my meadow is full of grasses that she can consider ornamental, since there is no legally specified reason they are any different than a pampas grass, monkey grass or any large grass. The grass family also includes corn, so I refused for good reason to buzz all of my corn to less than 10 inches as demanded by the inspector.

[Gail W.]

I know my reply is late, but Lana . . . does it make sense to you that the if the ordinance is going to put so much deliberately vague emphasis on the negative . . . what we can't do . . . that the Eco-Landscaping committee might also recommend that the city be required to give us some positive ideas of what we can do? I know the idea has its risks--that the city could make the situation even worse (and almost assuredly would try--sorry, Lana, I'm a true cynic)--but so many people just aren't going to be willing to take on a fight like this.

In other words, to prove its good will, perhaps the city should also draw up a list--preferably, a rather lengthy list, of native plants and substitutes for the typical grass lawn that WOULD meet the city's requirements and would AUTOMATICALLY be considered acceptable alternatives? And perhaps if an individual decided to create a lawn that was native (or if not native, at least not containing pest plants dangerous to Tennessee wildlife/habitat and better for effective xeriscaping) utilizing the plants among those formally approved, seeking a permit would be unnecessary? And then perhaps more unique lawn plans including plants outside those pre-approved could be addressed through the formal seeking of a permit. Seems like it would behoove the city to prove that it is more invested in the environment than in just continuing a policy of its destruction (by requiring outdated adherence to standard grass lawns) and benefitting from the good intentions of its taxpayers by finding a new way to collect fees while covertly planning to reject the efforts of those willing to brave their system . A preapproved list might also prove more economical to the city as there would be less manpower involved in the enforcing of the ordinance and less reason to choke up the courts with nonsensical and unnecessary beaureacracy. In these troubled times, taxpayers don't need more hassles with the city budget. Just a thought.