[1]
State Law Reference — Destruction of weeds, §§263.190
et seq., RSMo.
[R.O. 2009 §23-36; Ord. No. 876 §1, 10-24-1995]
A.
No
person shall cause or permit any weeds or obnoxious vegetative growth
to attain a height in excess of eight (8) inches upon any property
located within the City. Any person who shall cause or permit any
weeds or rank vegetation growth to attain a height in excess of eight
(8) inches shall be deemed to have committed a public nuisance.
B.
For
purposes of this Article, except where the context clearly indicates
a different meaning, "person" shall be defined to
include any person who is in actual or legal possession of the premises.
A person in possession may be an owner, agent of the owner, lessee,
sublessee or tenant whether said possession is evidenced by a writing
or not. A person in possession may have actual physical possession
or have a legal right to possession. Any person over eighteen (18)
years of age residing in the premises shall be a person in possession,
any person shown to be the last holder of any occupancy permit issued
by the City shall be a person in possession. There may be more than
one (1) person in possession at any one (1) time.
[R.O. 2009 §23-37; Ord. No. 876 §1, 10-24-1995]
A.
Whenever
the Public Works Director or his/her designee determines that weeds
or grass have been allowed to grow on property in excess of eight
(8) inches in height, he/she shall notify the person in possession
of the property, as they may appear on the official records of the
City or otherwise, that the growth of such weeds or grass constitutes
a public nuisance under this Article.
B.
The
notice shall be delivered by personal service, U.S. mail or posting
on the premises and shall apprise the person in possession of the
opportunity, within five (5) business days of the delivery of notice,
to either abate said nuisance or to request a hearing concerning the
alleged nuisance. The notice shall further apprise the person in possession
of the manner by which a hearing may be requested. The date of delivery
of the notice is the date on which personal service is effected or
the notice is mailed or posted.
C.
If a hearing is requested, the City Clerk shall schedule same not less than four (4) business days thereafter at which the Mayor or his/her designee shall immediately determine, after consideration of evidence presented, whether the growth of weeds or grass on the stated property constitutes a public nuisance as defined in this Article and whether the person in possession of the property is required by this Article to abate same. If so, the Mayor shall order the person in possession to abate said nuisance within five (5) business days of the delivery of notice of said order. Notice of the order shall be provided in accordance with Subsection (B) of this Section.
[R.O. 2009 §23-38; Ord. No. 876 §1, 10-24-1995; Ord. No. 1106 §2, 9-27-2006]
A.
Any person aggrieved by the determination made at the hearing provided pursuant to Section 215.250 may seek review of that determination by filing a written request for rehearing by the Board of Aldermen. Such request must state facts demonstrating wherein and why the appellant contends the determination of the administrative hearing was in error and must be filed with the City Clerk no later than two (2) business days after the date of the administrative determination.
B.
Any
person aggrieved by the determination made by the Board of Aldermen
may seek judicial review by filing a petition to the provisions of
Chapter 536, RSMo., in the Circuit Court of St. Louis County within
five (5) business days of the date of determination by the Board of
Aldermen and delivering a copy thereof to the City Clerk within such
time.
[R.O. 2009 §23-39; Ord. No. 876 §1, 10-24-1995]
A.
If
the person in possession of the property fails either to abate the
nuisance or to request a hearing, the City may immediately thereafter
enter upon the property to cut down and remove such growth. Any costs
incurred by the City in so doing may be taxed against the owner or
owners and the property as a special tax bill. The City is further
authorized to record a lien against the property involved to the extent
of its special tax bill and to take such further legal action as may
be necessary to collect same. The City may charge its costs of collecting
the tax bill, including reasonable attorneys' fees, in the event a
lawsuit is required to enforce a tax bill.
B.
If a hearing is requested and after an adverse determination therefrom, the person in possession of the property fails either to abate the nuisance or to pursue judicial review within the time allowed, the City may immediately thereafter enter upon the property to cut down and remove such growth. Any costs incurred by the City in so doing may be taxed against the owner or owners and the property as a special tax bill and enforced as provided in Subsection (A) of this Section.
C.
The
Public Works Director and any person authorized by him/her shall have
the right and authority to enter upon private property for the purpose
of abating a nuisance as declared in this Article and may use all
necessary, reasonable means for the purpose of abating the nuisance
and shall not be liable to the owner of such property for damage to
same caused by the abatement of such nuisance.
[R.O. 2009 §23-40; Ord. No. 876 §1, 10-24-1995]
A.
If
weeds or grass are allowed to grow on the same property in violation
of this Article more than once during the same growing season:
