City of Plattsburg, MO
Clinton County
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Table of Contents
Table of Contents
[Ord. No. 2216 §§1 — 2, 8-14-2014[1]]
The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Chapter, except where the context clearly indicates a different meaning:
The person authorized or employed by the City to administer this division as well as all properties within the established City limits of the City of Plattsburg, Missouri.
Weed cuttings, cut and fallen trees and shrubs, rubbish and trash, lumber, rocks or bricks, not piled or stacked six (6) inches off the ground, tin, steel, parts of derelict cars or trucks or machines or equipment, broken furniture, clothing and/or any flammable material. The word "debris" also includes any other material which is found on any lot or land that is unhealthy or unsafe.
From April 1 through November 30 of each year, when plant material is likely to grow, spawn and seed.
Any plant capable of poisoning, including but not limited to poison ivy, poison oak and poison sumac, at any height or state of maturity.
Any person who, alone or jointly or severally with others, shall have legal title to a fee interest in the parcel of property, with or without accompanying actual possession thereof. The land records filed in the office of the Recorder of Deeds of the county within which the parcel of real property is located and any other official record of each county or of the City may be used to determine the identity of such owner as of the date of the notice of the violation.
Includes any individual, firm, corporation, association, partnership, cooperative or governmental agency.
When an owner has been notified once within a growing season of the existence of prohibited weeds or noxious plants upon his/her property, abates the property, but then allows the prohibited weeds or noxious plants upon his/her property to once again return to a prohibited level, the owner shall upon the second notice within a growing season be issued a "seasonal notice." A seasonal notice shall service as prima facie evidence of notice for the purpose of this Chapter for any and all additional violations throughout the growing season, thus waiving the requirement for the City to provide any additional notice of violation before it being subject to abatement, fine and penalty.
All vegetation seven (7) inches or more in height which may emit unpleasant or noxious odors or transmit pollen into the air at any state of maturity and all vegetation, regardless of height, excluding natural waterways, which may harbor rodents, refuse or vermin, which may create a fire hazard or which may present an unhealthy effect on the neighborhood.
Editor's Note: This ordinance also provided for the repeal of former Ch. 220, Weeds and Noxious Plants, adopted 10-6-1997 by Ord. No. 1362.
[Ord. No. 2216 §§1 — 2, 8-14-2014]
Any condition(s) on any lot or land within the established City limits that have the presence of prohibited noxious plant, debris and weeds, as defined above, of which an owner of said property has been notified, either by notice or seasonal notice, of the prohibited condition(s) upon his/her property are hereby declared to be a public nuisance, subject to abatement, fine and penalty.
[Ord. No. 2216 §§1 — 2, 8-14-2014]
Enforcement of this Chapter shall be the responsibility of the City Building Inspector, the Chief of the Plattsburg Police Department, or any other person authorized or employed by the City to administer this Chapter.
Enforcement shall commence by providing notice to the owner of the property of the nuisance condition existing upon his/her property and action required on his/her part to abate said nuisance. The notice may be delivered by personal service, by certified mail, or by posting upon the property a written notice of violation. [If property is posted or the owner notified by certified mail, there will be a rebuttable presumption that the posting was observed within five (5) days after the posting or the certified mail was received within five (5) days after having been mailed.]
The notice shall generally describe the nature of the nuisance and the location of the property (using the mailing or popular address rather than a legal description), and order the property owner, within a period of seven (7) days of notice, to abate said nuisance.
After one (1) notice, as described above, is provided to the owner of the property of the existence of a nuisance condition upon his/her property within a growing season, and the property is caused to be abated by the owner, or the City, but then is allowed to return to a nuisance condition within that growing season, the owner shall be served a "seasonal notice." A seasonal notice shall order the owner of the property to abate the nuisance within a time frame established by the City and then to maintain such abatement throughout the growing season and shall serve as notice that any and all future existence of nuisances upon his/her property shall be subject to immediate abatement, fine or penalty without any additional notice requirement.
[Ord. No. 2216 §§1 — 2, 8-14-2014]
If the nuisance is present on the property seven (7) days after receipt of the notice, or seasonal notice, by the property owner, the City may cause the same to be abated. The costs of abatement will include a fee for the City's costs in administering this Chapter, which fee shall not exceed one hundred dollars ($100.00); and the enforcement officer shall certify the cost of such abatement to the City Clerk or other 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 collection official's option, and shall be collected in the same manner and procedure as for collecting real estate taxes.
[Ord. No. 2216 §§1 — 2, 8-14-2014]
An owner who fails to abate a nuisance after notice has been provided by either notice, or seasonal notice, described in Section 220.030 shall be guilty of an offense and may (at the option of the City) be charged in Municipal Court with the offense of "failure to abate a nuisance."
Any person convicted of the offense of "failure to abate a nuisance" shall be punished as provided in Section 100.070.
Each day on which any owner "fails to abate a nuisance" under this Section shall constitute a separate offense for which the owner may be arrested, tried, convicted and punished without necessity of further notices.