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<br />REQUEST FOR CITY COUNCIL AGENDA ITEM <br /> <br />Agenda Date Requested: <br /> <br />June 23, 20~ <br />D. Wilmore rf <br /> <br />Plannin~ G <br /> <br />Budl!et <br /> <br />Requested By: <br /> <br />Source of Funds: <br /> <br />Department: <br /> <br />Account Number: <br /> <br />Report: <br /> <br />Resolution: <br /> <br />Ordinance: <br /> <br />x <br /> <br />Amount Budgeted: <br /> <br />Ordinance #2003-2623-B <br /> <br />Amount Requested: <br /> <br />Exhibits: <br /> <br />Exhibits: <br /> <br />Budgeted Item: YES <br /> <br />NO <br /> <br />Exhibits: <br /> <br />SUMMARY & RECOMMENDATION <br /> <br />Ordinance #2003-2623-A [implementing a (6") weed height otllQtsand 12': on acreage] was passed by City Council <br />at their January 14,2008 meeting. Since that implementation of the 6" regulation, citizens have expressed concerns <br />to staff and Council. <br /> <br />A June 09, 2008 workshop was held to discuss existing weed regulations and fees. While fees are not proposed to <br />change, there is a proposal to change the weed height. Council asked that an ordinance be prepared for the June 23, <br />2008 regular meeting and a final decision on the new height will be made at that time. <br /> <br />Also, the City Attorney's office is recommending that an unrelated provision added in the January amendment that <br />reads as follows: "Neither allegation nor evidence of a culpable mental state is required for the proof of an offense <br />defined in this chapter, during the prosecution of such offenses in any criminal proceeding", be removed. This is <br />because it was determined that if the City wants to imposes fines higher than $500 - and this ordinance imposes a <br />maximum fine of $2000- the City must allege and prove that a violator "intentionally or knowingly" allowed weeds <br />to exceed the maximum allowable height, in cases in Municipal Court. <br /> <br />