[Code 1980 §30-1; CC 1990 §13-161; Ord. No. 5523, 8-23-1993]
The word "weeds", as used in this Article,
shall include all rank, prickly and poisonous vegetation which exhale
unpleasant and noxious odors and/or may cause an irritating skin rash
or similar allergic reaction; and which includes Russian/Canadian/
common thistle, wild lettuce, wild mustard, wild parsley, ragweed,
goldenrod, milkweed, iron weed, poison ivy, poison oak, poison sumac
and all other vegetation, especially of the weed, grass herb and hemp
(marijuana) genera.
The word "weeds" shall not include trees, edible
vegetation normal to a neatly maintained vegetable or herb garden;
vegetation producing edible fruits, berries and/or produce; and decorative
vegetation such as flowers, shrubs, bushes, vines/ivy (English ivy)
and ground cover.
[Code 1980 §30-2; CC 1990 §13-162; Ord. No. 6710, 6-24-2002]
Any owner, lessee, occupant or other person or any agent, servant,
representative or employee of any person having control of or having
the right to control by reason of an easement or right-of-way agreement
with the fee simple owner of any lot or ground or any part of any
lot or parcel of real estate located within the City who shall allow
or maintain on such lot or parcel of real estate any growth of weeds
to a height of over eight (8) inches shall be deemed guilty of a misdemeanor.
[Ord. No. 8672, 2-22-2021]
A.
All
invasive, non-native, exotic plant species are declared a public nuisance.
The planting, cultivation and propagation of all invasive non-native,
exotic plant species shall be prohibited on all property, public or
private. Invasive non-native, exotic plant species are as defined
by the Missouri Department of Conservation, which include, but are
not limited to, the following plants:
1.
Autumn olive, Elaeagnus umbellate.
2.
Bamboo, all varieties.
3.
Bush honeysuckle, Lonicera maackii.
4.
Callery pear, Pyrus calleryana.
5.
Canada thistle, Cirsiurn arvense.
6.
Chinese yam, Dioscorea oppositifolia.
7.
Common buckthorn, Rhamnus cathartica.
8.
Common reed, Phragmites australis.
9.
Crown vetch, Secutigera varia.
10.
Common and cut-leaved teasel, Dipsacus fullonum.
11.
Garlic mustard, Alliaria petiolate.
12.
Hydrilla, Hydrilla verticillata.
13.
Japanese honeysuckle, Lonicera japonica.
14.
Japanese hop, Humulus japonicus.
15.
Japanese knotweed, Fallopia japonica.
16.
Japanese stiltgrass, microstegium vimineurn.
17.
Johnson grass, Sorghum halepense.
18.
Kudzu, pueraria lobate.
19.
Leafy spurge, Euphorbia esula.
20.
Multiflora rose, Rosa multiflora.
21.
Musk thistle, Carduus nutans.
22.
O1d world bluestems, Bothriochloa bladhii and B. ischaernum.
23.
Purple loosestrife, Lythrum salicaria.
24.
Reed canary grass, Phalaris arundinacea.
25.
Sericea lespedeza, Lespedeza cuneate.
26.
Spotted knapweed, Centaurea maculosa.
27.
Tall fescue, Festuca arundinacea.
28.
White and yellow sweet clover, Melilotus officinalis and M. albus.
29.
Wintercreeper, Euonymous fortune
B.
Abatement
Of Invasive, Non-Native, Exotic Plant Species By Property Owner.
1.
It shall be unlawful for any owner or lessee of any property within
the City to fail to remove any nuisance violation after having been
duly notified as set forth in this Section.
2.
Whenever private property abuts a public right-of-way or easement
belonging to the City of Florissant, or any public entity, and there
exists in such right-of-way or easement a tree lawn or grassy area
between the private property line and the edge of the street pavement,
then such tree lawn or grassy area shall be considered, for purposes
of this Section requiring cutting of grass and weeds, to be a part
of the private lot which abuts the right-of-way or easement, and it
shall be the duty of those responsible under this Section for the
maintenance of the private lot to equally maintain the tree lawn or
grassy area within the abutting right-of-way or easement, and all
of the provisions of this Section shall apply with equal force and
effect to said tree lawn or grassy area.
3.
Whenever the Building Commissioner ascertains that weeds, noxious
weeds or dead trees are present on any lot or land within the City,
he/she shall cause to be sent a notice to the owner or other person
in control of such lot or land, that the weeds, noxious weeds or dead
trees must be removed within thirty (30) days after such notice is
served. The notice shall be served in accordance with the Property
Maintenance Code.
C.
Abatement
Of Invasive, Non-Native, Exotic Plant Species By City.
1.
If the owner or other person in control of any lot or land fails
to comply with a notice given, pursuant to this Article, within thirty
(30) days, the Building Commissioner may cause such noxious weeds
or vegetation to be destroyed. The Building Commissioner shall have
the right to enter upon property on which noxious weeds or trees are
growing for the purpose of abating the public nuisance and may use
any suitable means or assistance for the purpose of destroying and
removing such weeds or trees either by employees of the City or by
contract with some responsible person.
2.
The Building Commissioner shall keep an accurate account of the cost
of destroying and removing such weeds, noxious weeds or trees and
abating the nuisance and shall certify the same to the Director of
Finance, who shall cause a special tax bill or nuisance fee against
the property from which such weeds, noxious weeds or trees were cut
and removed to be issued and collected with other taxes assessed against
such property. The tax bill from the date of its issuance shall be
a first lien upon such property until paid and shall be prima facie
evidence of the recitals therein contained and of its validity. No
mere clerical error or informality in the same or in the proceedings
leading up to the issuance thereof shall be a defense thereto. As
part of the cost of cutting and removing such weeds or trees, each
special tax bill shall include a charge to be established by ordinance
for computing, making, certifying and recording the bill. Each special
tax bill shall bear interest at the rate of eight percent (8%) per
annum beginning thirty (30) days after the date of its issuance.
[Code 1980 §30-3; CC 1990 §13-163]
The Director of Public Works is hereby authorized and empowered to notify in writing the class of persons described in Section 213.070 to cut, destroy and remove any such weeds, grass or deleterious, unhealthful growths or noxious matter found growing, lying or located on their property or upon the sidewalks abutting same. Such notice shall be by certified mail addressed to the owner, lessee, occupant or other person at their last known address.
[Code 1980 §30-4; CC 1990 §13-164; Ord. No. 7581 §1, 3-11-2009]
A.
Initial Violation. Upon the failure, neglect or refusal
of any owner or other person so notified to cut, destroy and remove
weeds, grass or deleterious, unhealthful growths or other noxious
matter growing, lying or located upon their property or upon the sidewalk
abutting same within five (5) days after receipt of written notice
provide for in this Chapter or within ten (10) days after the date
such notice is mailed in the event the same is returned to the City
post office department because of its inability to make delivery thereof,
the Director of Public Works is hereby authorized and empowered to
order the removal of such weeds, grass or deleterious unhealthful
growths or other noxious matter.
B.
Subsequent Violations. If weeds, grass or deleterious, unhealthful growths or other noxious matters are permitted to grow or accumulate on private property in violation of this Article more than one (1) time during the same growing season and, pursuant to Section 213.080, a notice of violation was delivered to the owner, lessee, occupant or other person at their last known address for any such prior violation during the same growth season, then the Director of Public Works or his/her designee may, without further notification to such owner, lessee, occupant or other person in control of such property, remove such weeds, grass or deleterious, unhealthful growths or other noxious matters growing, lying or located upon the property or upon the sidewalk abutting same without further notification to such owner, lessee, occupant or other person in control of such property and remove such weeds, grass or deleterious or unhealthful growths or other noxious matters and may collect the costs of such removal in the manner set forth in this Article.
[Code 1980 §30-5; CC 1990 §13-165; Ord. No. 7074 §1, 10-14-2004]
A.
To Be Charged To Owner, Etc., Of Property. When the City
has effected the removal of such growth or has paid for its removal,
the actual cost thereof, plus accrued interest at the rate of six
percent (6%) per annum from the date of the completion of the work
on each lot or parcel of real estate, if not paid by such owner or
other persons, shall be charged by a special tax bill forwarded to
such persons by the City; and such charge shall be immediately due
and payable by the party to whom it was addressed.
B.
Failure Of Property Owner To Pay. Where the full amount
due the City is not paid by such person within thirty (30) days after
the cutting, destroying and removal of such weeds, grass or deleterious,
unhealthful growths or other noxious matter, the Director of Public
Works shall cause to be recorded in the City records a sworn statement
showing the cost and expense incurred by the work and the date, place
and property on which such work was done. A lien may be placed on
the property at which the work was done, enforceable as now are other
liens of the City, by recording in the office of the Recorder of Deeds
in the County a true copy of such statement attested to by the City
Clerk, which lien shall be for principal and interest and shall be
in force and effect until final payment has been made. Sworn statements
recorded in accordance with the provisions hereof shall be prima facie
evidence that all legal formalities have been complied with and that
the work has been done properly and satisfactorily and this shall
constitute full notice to every person that the amount of the statement
plus interest constitutes a charge against the property designated
in the statement and that the same is due and collectible as provided
by law.
C.
In
addition to the filing of a lien, or in lieu of the filing of a lien,
the City shall have the right to collect the cost incurred as nuisance
fees by underlying these costs on the bills for the payment of real
and personal property taxes, and all other taxes due and owing.
[Code 1980 §30-6; CC 1990 §13-166]
It shall be the duty of the Director of Public Works to compute
the cost to the City of cutting weeds upon each particular lot or
parcel of land at a rate per hour to be fixed from time to time by
the Council. Where weeds have been cut by the City and in the event
that persons referred to in this Chapter shall fail to pay for such
work within thirty (30) days after its completion, the Director of
Public Works shall report such fact to the Council who shall authorize
all prosecution or other court action against such owner, lessee,
occupant or other persons in interest for non-compliance with the
terms of this Article.
[Code 1980 §30-7; CC 1990 §13-167]
Any person violating any of the provisions of this Chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished as provided in Section 100.080 of this Code. In the case of a first (1st) offender, a prosecution shall not be instituted for violation of this Article until such person has been served with the notice, as set forth in Sections 213.080 and 213.090 and failed to comply therewith.
[Code 1980 §30-8; CC 1990 §13-168]
Where the City Council declares the removal of weeds on certain
parcels of land not to be in the best interest of the City, the City
Council may exempt such parcels of land from the provisions of this
Article. Such conditions as undue hardship, excessive erosion of soil,
inaccessibility to the property, danger to the life and limb of persons
attempting to cut and remove such weeds and other such conditions
shall be reasonable cause for the Council to so exempt such parcels
of land.
