[Ord. No. 22-06.07, 6-21-2022[1]]
As used in this Article the following term shall have the meaning
indicated:
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.
[Ord. No. 22-06.07, 6-21-2022]
A.
It
shall be unlawful for the owner of any interest in any lot or ground
in the City to permit grass and/or weeds to grow upon such lot or
ground to a height of more than seven (7) inches.
B.
Whenever
a violation of this Section shall come to the attention of City Officials,
it shall be the duty of the City Manager or Building Inspector to
give notice of such violation to the owner or owners of any interest
in said property either personally or by United States Mail or by
posting such notice on the premises and such notice shall provide
for a hearing not less than ten (10) days after the date thereof,
and if said weeds shall not have been removed before such hearing,
the designated City Official may declare the weeds to be a nuisance
and may order the same to be abated within five (5) days; and in case
the weeds are not cut down and removed within the five (5) days, the
City Official shall have the weeds cut down and removed and shall
certify the costs of same to the City Clerk who shall cause a special
tax bill therefor against the property to be prepared and to be collected
with other taxes assessed against the property; and the tax bill from
the date of issuance shall be a first lien on the property until paid
and shall be prima facie evidence of the recitals therein and of its
validity.
C.
Each
special tax bill shall be issued by the City Clerk and delivered to
the Collector on or before the first day of June of each year.
D.
Such
tax bills shall be due and payable thirty (30) days after the date
of issuance and if not paid when due shall bear interest at the rate
of eight percent (8%) per annum.
[Ord. No. 22-06.07, 6-21-2022]
A.
It
shall be the duty of all persons owning or occupying any real property
fronting upon any street or public place to:
1.
Not allow the sidewalk to be or remain above or below the grade of
the sidewalk established by the City and keep the sidewalk in front
of or alongside of the property in good order and free from obstructions
and vegetation.
2.
Not allow grass, weeds, or other vegetation in excess of seven (7)
inches to grow in the right-of-way from the street curb to the property
line on lots or premises.
3.
Remove from any such sidewalk all ice, snow, earth, weeds or other
obstructions or substance that in any way obstructs or renders the
sidewalk, curb and gutter dangerous, inconvenient, or annoying to
the traveling public. Ice and snow shall be removed within twenty-four
(24) hours following a snow or ice event.
4.
Not allow brush, shrubs, or trees to grow or be planted within a
three (3) foot circumference around fire hydrants.
5.
Any landowner or tenant, or both, who resides on or owns a tract
of property from which there are growing trees or bushes, which obstruct
the passage along any sidewalk or street or hang lower than eight
(8) feet above any sidewalk or lower than twelve (12) feet above any
alley or street, or from which there is an imminent danger of falling
of any broken or dead portions of the stems, branches, or trunks,
so as to endanger or obstruct any person or vehicle traveling upon
said sidewalk, street or alley, shall have the obligation of trimming
said bushes or trees to conform with the provisions of this Chapter
and removing any dead or broken pieces of the stems, branches or trunk
from said trees so as not to endanger other people, their property
or obstruct the street, sidewalk or alley.
Any owner or occupant who fails, refuses or neglects to trim
trees and shrubbery as provided in this Section after receiving five
(5) days' notice from the City Manager or his/her designee to do so,
is guilty of an offense against the City. In addition to any fine or
punishment as an offense, the City may act to abate the nuisance.
Every day that the owner or occupant fails, refuses, or neglects to
trim such trees or shrubbery after the expiration of the five (5)
days' notice shall be a separate offense.
Any person owning an interest in or the tenant of any property
abutting upon a right-of-way or parkway between their property and
a dedicated street of the City of Marceline, shall be responsible
for tending all bushes or trees growing in that area between their
property and the City streets so that said bushes or trees conform
with the requirements above.
6.
Any person found in violation of this Section may be fined an amount
not less than twenty-five dollars ($25.00) nor more than to exceed
the sum of one hundred dollars ($100.00).
[Ord. No. 22-06.07, 6-21-2022]
A.
No
person shall sweep into or deposit in any gutter, street, or other
public place within the City the accumulation of litter from any building
or lot or from any public or private sidewalk or driveway. Within
the meaning of this Section the word "litter," shall include, without
excluding other substances, fallen leaves, cut weeds, grass clippings,
branches and twigs that may accumulate on any building, lot, or premises.
B.
Any
person found in violation of this Section may be fined an amount not
less than twenty-five dollars ($25.00) nor more than one hundred dollars
($100.00). Any owner or occupant who fails, refuses or neglects to
remove discharged items as provided in this Section after receiving
a three (3) day notice from the City Manager or his/her designee to
do so, is guilty of an offense against the City. In addition to any
fine or punishment as an offense, the City may act to abate the nuisance.
Every day that the owner or occupant fails, refuses, or neglects to
trim such trees or shrubbery after the expiration of the three (3)
day notice shall be a separate offense.
