[Ord. No. 1651 §§I —
II, 7-19-2010; Ord. No.
1866, 3-19-2018]
A.
Failure
To Keep Weeds, High Grass And Other Vegetation Cut And Removed, A
Nuisance. Whenever weeds, as defined herein, are allowed to grow on
any part of any ground within the City limits of Bowling Green, Missouri,
the owner of the ground, or in case of joint tenancy, tenancy by the
entireties or tenancy in common, each owner thereof, shall be liable.
Provided, however, that on tracts of three (3) or more acres zoned
other than agricultural and not used for the growing of agricultural
crops only sixteen (16) feet of grass or weeds from the property boundaries
contiguous to occupied property or road right-of-way need be cut or
removed to comply with the provisions of this Section.
B.
Unlawful To Maintain Such A 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 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 Building Inspector shall give a hearing after ten (10) 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 Building Inspector may declare the weeds, high grass
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 or other vegetation are not cut down
and removed within the five (5) days, the Building Inspector shall
have the weeds, high grass or other vegetation cut down and removed
and shall certify the costs of same to the City Clerk.
F.
Tax
Bill. The City Clerk 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 Collector or other official collecting
taxes in the same manner and procedure for collecting real estate
taxes. If the certified cost is not paid, the tax bill shall be considered
delinquent, and the collection of the delinquent bill shall be governed
by the laws governing delinquent and back taxes. The tax bill from
the date of its issuance shall be deemed a personal debt against the
owner and shall also be a lien on the property until paid.
G.
The
term "weeds," as used in this Section, shall mean any weeds or grass:
1.
In excess of eight (8) inches in height when a building or structure
is located on said property.
2.
In excess of twelve (12) inches in height on developed yet: unbuilt
lots adjacent to another lot containing an occupied residential structure,
including adjacent properties across a street, or
3.
In excess of sixteen (16) inches in height on vacant undeveloped
ground.
H.
The
provisions of this Section shall not apply to the following tracts
of land unless doing so would be injurious or dangerous to the public
health by causing or contributing to a nuisance:
1.
Land used for the growing of agricultural crops, or zoned agricultural;
2.
Forested areas;
3.
Stormwater facilities (designed and maintained in accordance with
the current Stormwater Ordinance;
4.
Mitigation areas regulated by the U.S. Army Corps of Engineers;
5.
Native and non-invasive plants, shrubs, or trees governed by a landscaping
plan and voluntarily maintained in accordance with a maintenance agreement
as approved by the Director of Community Development.
