A.
Failure To Keep Weeds, High Grass, Noxious Plants, Rank Weeds, Thickets
And Other Vegetation Cut And Removed, A Nuisance. All persons
owning or occupying any lot or tract of land in the City shall keep
the weeds, high grass and other vegetation growing on such property
cut and removed. Whenever such weeds, high grass or other vegetation
shall attain the height of seven (7) inches, it shall be deemed a
public nuisance.
B.
Unlawful To Maintain Such Nuisance. It shall be unlawful for any person to create or maintain a nuisance as defined in Subsection (A).
C.
Liability. Whenever weeds, high grass, noxious plants, rank weeds, thickets or other vegetation in violation of Subsection (A) of this Section are allowed to grow on any part of any lot or ground within the City, the owner of the ground or, in case of joint tenancy, tenancy by entireties or tenancy in common, each owner thereof shall be liable.
D.
Notice. The Director of Public Works shall give a hearing
after four (4) days' notice thereof either personally or by United
States mail to the owner or owners, or the owner's agents, or by posting
such notice on the premises; thereupon, the Director of Public Works
may declare the weeds, high grass, noxious plants, rank weeds, thickets
or other vegetation to be a nuisance and order the same to be abated
within five (5) days.
E.
Disposition. In case the weeds, high grass, noxious plants,
rank weeds, thickets or other vegetation are not cut down and removed
within the five (5) days, the Director of Public Works shall have
the weeds, high grass, noxious plants, rank weeds, thickets or other
vegetation cut down and removed and shall certify the costs of same
to the City Clerk.
F.
Tax Bill. If the Building Commissioner or designated officer
causes such condition to be removed or abated, the cost of such removal
or abatement shall be certified to the City Clerk or officer in charge
of finance who shall cause the certified cost to be included in a
special tax bill or added to the annual real estate tax bill, at the
collecting official's option, for the property and the certified cost
shall be collected by the City Collector or other official collecting
taxes in the same manner and procedure for collecting real estate
taxes. The tax bill from the date of its issuance shall be a first
(1st) lien on the property until paid and shall be prima facie evidence
of the recitals therein and of its validity, and no mere clerical
error or informality in the same, or in the proceedings leading up
to the issuance, shall be a defense thereto. Each special tax bill
shall be issued by the City Clerk and delivered to the Collector on
or before the first (1st) day of June of each year. Such tax bills
if not paid when due shall bear interest at the rate of eight percent
(8%) per annum.
G.
If
weeds are allowed to grow, or if trash is allowed to accumulate, on
the same property in violation of this Section more than once during
the same growing season in the case of weeds, or more than once during
a calendar year in the case of trash, the Director of Public Works
or other designated official may, without further notification, have
the weeds or trash removed and the cost of the same shall be billed
in the manner described in this Section. This Subsection does not
apply to lands owned by a public utility and lands, rights-of-way
and easements appurtenant or incidental to lands controlled by any
railroad.
[CC 2000 §4-5-1; Ord. No. 840, 11-15-1993]
The following terms, as used in this Article, unless the context
specifically indicates otherwise, are defined as follows:
Poison ivy, poison oak and poison sumac at any height or
state of maturity.
Includes the real and actual owner of the fee title, the
life tenant, occupant, tenant, lessee, tenant at will, tenant at sufferance,
person in lawful possession, adverse possessor and any other person,
firm, partnership, corporation or association asserting or having
any right, title or interest in any lot, tract or parcel of land in
the City. The land records filed in the office of the Recorder of
Deeds of the County within which any such lot, tract or parcel of
land shall be located and any other official record of such County
or of the City may be used to determine the identity of such "owners",
as hereinabove defined, as of any given date.
The term "rank weeds" includes:
With the exception of trees and shrubs or any vegetation, regardless
of height, that may emit unpleasant or noxious odors or transmit pollen
into the air at any state of maturity.
All vegetation, regardless of height, including thickets and/or
fence lines, which may conceal or invite filthy deposits, harbor rodents,
refuse or vermin, create a fire hazard or present a blighting effect
on the neighborhood.
Any items found to be noxious plants or weeds under the Statutes
of the State of Missouri.
Dense growth of wild shrubbery having stems or trunks less
than one (1) inch in diameter and briar patches.
[CC 2000 §4-5-2; Ord. No. 840, 11-15-1993]
"Rank weeds" and "noxious plants", as herein defined, which
are allowed to stand at any season of the year upon any lot, tract
or parcel of land or along the sidewalk, street or unpaved alley adjacent
to such lot, tract or parcel of land are hereby declared to constitute
a nuisance. This Article shall not apply to land zoned or used for
agricultural use which is more than one hundred fifty (150) feet distant
from any occupied residential subdivision, lot, tract or parcel of
land.
[CC 2000 §4-5-3; Ord. No. 840, 11-15-1993]
It shall be unlawful for the owner of any real property to allow "rank weeds", "noxious plants", "thickets" or any other plants as defined under the Statutes of the State or as defined herein to grow or stand upon such premises. It shall be the duty of such owner to immediately cut, remove or destroy any and all items in violation on such premises. Failure, neglect or refusal of any owner to so abate shall constitute a violation of this Article, punishable as provided in Section 100.220 of this Code.
[CC 2000 §4-5-5; Ord. No. 965, 11-16-1998]
A.
Yard Sign Authorized. In addition to the notification as set out in Section 215.110 of this Article, the Police Department or Director of Public Works is authorized to place a yard sign in any yard in violation of this Chapter with a notification that the grass needs to be cut within the time period as set out herein. This notification is authorized but not required.
B.
Unauthorized Removal Prohibited. Removal of the sign by
anyone other than an employee of the City who is authorized to do
so shall be a violation in and of itself in addition to any grass
or weed violation.
C.
Provisions Are Additional. This Section shall no way affect
the other terms of this Chapter.
[CC 2000 §4-5-6; Ord. No. 840, 11-15-1993]
Any person convicted of a violation of this Article shall be subject to the penalty provided in Section 100.220 of this Code. Each day on which any "nuisance", as defined herein, shall remain on any premises after the duty of the owner thereof arises to remove or abate same shall constitute a separate offense, for which the owner thereof may be arrested, tried, convicted and punished separately, without necessity of further notices.