Weed Abatement Issue - Billings, MT

Billings, MT - Source: Destinationmontana.com

Weed Abatement Ordinance

Municipal governments have a right to enforce ordinances that ensure overgrown weeds, lawns, or brush is removed from private lots if the issue becomes a “public nuisance.”

-Texas Health and Safety code section 342.001

Local governents often charge landowners for the cost of sending a city employee out to remove the overgrowth.

The Problem in Billings

Billings has a barebones weed abatement ordinance, chargeing $25 flat plus 25% of the cost of removal of weeds that are 10in or taller on average or extend 1ft over the property line. The cost of removal is taken from the general fund to send a park staff to remove the offense. The general fund was down $10,152.57 as of September 9th, 2024 due to unpaid nuisence weed violations. Billings City council discussed the possibilies of making the penalty harsher to reduce the number of repeat offenders.

https://www.youtube.com/watch?v=EYj5OXmbJ9U

Overgrown weeds - source: Bridge Michigan

Billings, MT City Council Meeting September 9th, 2024.

Billings, MT after weed complains - source: Parker, KTVQ

Why is this issue important?

Overgrown weeds on private property can restrict useablity of sidewalks and ruin the aesthetic value of a neighborhood. Nuisence weeds can also lower home values as well. During periods of heavy rainfall, weed complains have even been known to triple in frequency.

https://www.billingsmt.gov/DocumentCenter/View/25495/Weed-Brochure-2024?bidId=

Watertown, SD - source: World Atlas

First Alternative - Watertown, SD

Weeds above 8in in hieght are designated as "noxious." The city charges a heftier $100 flat fee for removal plus an aditional $100 per the total number of violations. -section 11.0712 of Watertown City ordinance

Many of the fines issued are issued to repeat offenders. This solution is more effective because it discourages repeat offenders more than the Billings city ordinance.

Second Alternative - Beaumont, TX

The ordinance states that no less than $100 fine shall be issued if the owner fails to comply for the first offense. A second conviction of the same nature shall be no less than $200. The maximum limit for either case is $500. if the abatement exceeds $500 in cost of removal, then a lien is issued, allowing the city to hold the property as capital to ensure the debt is paid. This prevents owners from just neglecting to pay the fee. Beaumont's policy is very standard. However, the city struggles to enforce weed maintence and spent over $100,000 in weed abatement.

Beaumont, Tx - source:Advantage Real Estate

Topeka, KS - source: Wikipedia

Third Alternative - Topeka, KS

Topeka's ordinance for weed abatement also useses the standard as a baseline, but threatens the offender with jailtime instead of a lien at the fifth offense. Additionally, Topeka makes an exception for native or cultivated vegetation to promote biodiversity. The Shawnee County Inmate Crew is ordered to perform the abatement. Topeka also has a "two-tiered" system to assist residents with weed maintence.

Two-Tiered System

I) The city works with local lawn maintance companies to offer a fixed, affordable service for residents.

II) The city recruits local volunteers to help with lawn care at no expenses to the owner.

This system grants more flexibility to low income or disabled residents, such that owners are more likely to respect the ordinance. For this reason, I believe that Tokeka's solution is superior to Beaumont and Watertown.

Overgrown Lawn - source: Top Notch Lawn Care, Youtube

Weed ordinance news report

Conclusion

Though Watertown’s and Beaumont’s solutions are a step above Billing’s current ordinance, the two tiered system of Topeka provides more options to decrease city intervention. Watertown is difficult to compare to Billings due to its size and Beaumont has not proven to be effective in preventing abatements.Topeka’s method is certainly innovative, having a higher upside if it proves successful. For these reasons, I believe that adopting Topeka's two tiered system is the most effective solution to solve weed abatement issues in Billings, Montana.

Works Cited:

1) Hrenchir, Tim. “Topeka Leaders Have New Plan to Get Property Owners to Cut Overgrown Grass and Weeds.” The Topeka Capital-Journal, Topeka Capital-Journal, 27 June 2022, www.cjonline.com/story/news/2022/06/27/topeka-looks-cut-down-overgrown-grass-other-property-maintenance-code-violations/7614641001/.

ations/7614641001/.

Topeka Municipal Code, topeka.municipal.codes/. Accessed 16 Oct. 2024.

By, and Brandon Morris. “Shabby Chic Yard or Public Nuisance? How Texas Cities Can Cover Costs of Weed Abatement - Randle Law Office: (281) 657-2000.” The Randle Law Office, “Explore Billings.” Explore Billings | City of Billings, MT - Official Website, www.billingsmt.gov/1776/Explore-Billings#:~:text=Billings%20is%20the%20largest%20city,trade%20area%20of%20over%20500%2C000. Accessed 16 Oct. 2024.

“Topeka, KS.” Data USA, datausa.io/profile/geo/topeka-ks/. Accessed 16 Oct. 2024.

Revised Ordinances of the City of Watertown, South, www.watertownsd.us/DocumentCenter/View/774/City-of-Watertown-Ordinance-Book-Master-updated-to-1-7-2024. Accessed 17 Oct. 2024.

“Watertown, SD.” Data USA,

datausa.io/profile/geo/watertown-sd?redirect=true#:~:text=Watertown%2C%20SD%20is%20home%20to,any%20other%20race%20or%20ethnicity. Accessed 17 Oct. 2024.

“Public Hearing and Resolution for Weed Abatement Assessments.” Agenda, destinyhosted.com/agenda_publish.cfm?id=24568&mt=CC%2CSPC%2CCCWS&vl=true&get_month=9&get_year=2024&dsp=agm&seq=10967&rev=0&ag=1720&ln=45278&nseq=10964&nrev=0&pseq=10968&prev=0#ReturnTo45278. Accessed 17 Oct. 2024.

Health and Safety Code Chapter 342. Local Regulation of Sanitation, statutes.capitol.texas.gov/Docs/HS/htm/HS.342.htm#:~:text=Sec.,condition%20that%20may%20produce%20disease. Accessed 20 Nov. 2024.

“Visit Billings, Montana.” Destination Montana, destinationmontana.com/billings-montana/. Accessed 20 Nov. 2024.

Towle, Alexis. “Watertown, South Dakota.” WorldAtlas, WorldAtlas, 3 May 2022, www.worldatlas.com/cities/watertown-south-dakota.html.

YouTube, YouTube, www.youtube.com/watch?v=4ZF4bWxoqgI. Accessed 20 Nov. 2024.

Parker, Dianne. “Weeds Gone Wild: Nuisance Weed Complaints Triple in Billings amid Record Rain.” Q2 News (KTVQ), Q2 News (KTVQ), 29 June 2023, www.ktvq.com/news/local-news/weeds-gone-wild-nuisance-weed-complaints-triple-in-billings-amid-record-rain.

Beaumont Homes: Advantage Real Estate: Port Neches, TX: 409-724-1000. advantagerealestatetx.com. (n.d.). https://www.advantagerealestatetx.com/beaumont-homes

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