[1]
State Law References — Authority to prevent and remove
nuisances, §§77.530, 77.560, RSMo.; weed control, §263.390,
RSMo.
[Ord. No. 6.37 (Bill
No. 2759), 11-7-2019]
As used in this Article, the following terms shall have these
prescribed meanings:
The Building Commissioner or his/her designee.
[Ord. No. 6.40 (Bill
No. 2800), 8-19-2021]
Any occupant, agent, servant, representative or employee
of any owner or lessee of any property, where the nuisance is located,
who exercises any control or authority of the premises on behalf of
the owner or lessee.
[Ord. No. 7.52 (Bill
No. 2847), 1-5-2023]
Any person who rents all or part of a premises on a day-to-day,
week-to-week, month-to-month or yearly basis.
Any person who owns any lot, land, place, or area or in case
of joint tenancy, tenancy by entireties, or tenancy in common, each
owner thereof.
All weeds growing upon the streets, alleys, sidewalks, or
private property including weeds which bear or may bear seeds of a
downy or wingy nature, weeds and grasses which may attain such large
growth as to become, when dry, a fire menace, weeds otherwise noxious
or dangerous, poison oak and poison ivy in a condition of growth constituting
a menace to public health, and accumulations of refuse, cuttings and
other combustible trash. Such term shall include all noxious vegetable
growths which exhale unpleasant and noxious odors including Russian,
Canadian and common thistle, wild lettuce, wild mustard, wild parsley,
ragweed, milkweed, ironweed and high and noxious vegetable growth
that may conceal filthy deposits, to include any weed designated as
noxious by rules promulgated by the Director of the Missouri Department
of Agriculture; provided that such term shall not include trees, fruits,
berries, flowers, shrubs or vegetables which have been planted and
are cultivated regularly by some person in charge of the lot or premises
where the same are growing.
[Ord. No. 6.37 (Bill
No. 2759), 11-7-2019]
A.
All weeds, grass, and unattended vegetation that are eight (8) inches
or more in height growing upon any lot, land, place or area within
the City in violation of the provisions of this Code are hereby declared
a public nuisance and shall be cut and removed.
B.
Notwithstanding other provisions of this Code to the contrary, in
any instance where plant material of any kind, whether grown as a
crop or otherwise, becomes a hazard to vehicular or pedestrian traffic,
such plant material shall be promptly cut and removed to eliminate
the hazard within a distance of twenty (20) feet from the roadway
right-of-way, road easement, or driving surface, whichever distance
is greater.
[Ord. No. 6.37 (Bill
No. 2759), 11-7-2019; Ord. No. 6.40 (Bill No. 2800), 8-19-2021]
A.
The Code Enforcement Officer of the City, or his/her assigns, is hereby authorized and empowered to notify the owner, lessee, or agent of the owner of the violation of Section 220.240 herein.
B.
Such notice shall be delivered either in person, by United States
mail or by posting such notice on the premises.
C.
Said notice shall inform the owner, lessee, or agent of the owner
that the property is in violation of the provisions of this Chapter
and action to bring the property into compliance must be completed
within eight (8) days from the date of the letter. The notice shall
include verbiage indicating this is the only notification for the
growing season (April first (1st) through October thirty-first (31st)
of each year) and should the property be found non-compliant, the
City will abate the violation without further notification. In the
event that the owner fails to abate the nuisance within eight (8)
days from the date of said notice, the Code Enforcement Officer shall
cause the nuisance to be removed.
[Ord. No. 6.37 (Bill
No. 2759), 11-7-2019; Ord. No. 6.40 (Bill No. 2800), 8-19-2021]
In the event that weeds, grasses, and unattended vegetation are not cut and removed in accordance with the provision of Section 220.250 of this Code, the Code Enforcement Officer shall cause said weeds, grasses, and unattended vegetation to be cut, destroyed, and removed. It shall be the duty of the property owner or other person having control of the property to provide access to the property and shall allow the weeds, grasses, and unattended vegetation to be cut and removed in accordance with the provisions of this Section.
[Ord. No. 6.37 (Bill
No. 2759), 11-7-2019]
A.
It
shall be the responsibility of each lot or parcel owner and lessee
described herein to provide for regular weeding, pruning, and other
maintenance of all plantings, including trees, shrubs, flowers, grass,
weeds, deleterious unhealthful growths and noxious matter found growing,
lying, or located on their property as necessary.
B.
Whenever
private property abuts a public right-of-way or easement belonging
to the City of Arnold, or any public entity, and there exists in such
right-of-way or easement a parkway, tree lawn or grassy area between
the private property line and the edge of the street pavement, then
such parkway, tree lawn or grassy area shall be considered, for purposes
of this Section requiring cutting or maintaining of vegetation, to
be a part of the private property 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 property to equally maintain
the parkway, 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 parkway, tree lawn or grassy area.
[Ord. No. 6.37 (Bill
No. 2759), 11-7-2019]
Vegetation, when cut down, must be removed from the property
and disposed of in such manner as to not create a nuisance and as
provided by law.
[Ord. No. 6.37 (Bill
No. 2759), 11-7-2019; Ord. No. 6.40 (Bill No. 2800), 8-19-2021]
It shall be the duty of the Code Enforcement Officer to compute the cost to the City of cutting weeds, grasses, and unattended vegetation pursuant to Section 220.260, upon each particular lot or parcel of land. A bill will be prepared for the cost of the work, including applicable overhead charges.
[Ord. No. 6.37 (Bill
No. 2759), 11-7-2019]
A.
When the City has effected the removal of weeds, grasses, and unattended vegetation pursuant to Section 220.260 or has paid for its removal, the cost thereof shall be computed by the Code Enforcement Officer in accordance with Section 220.280 and shall certify the same to the City Clerk/Collector. The City Clerk/Collector shall cause a special tax bill therefore against the property to be prepared and collected with other taxes assessed against the property. Tax bills if not paid when due shall bear interest at the rate of eight percent (8%) per annum.
[Ord. No. 6.40 (Bill
No. 2800), 8-19-2021]
B.
Tax bills issued pursuant to the provisions of this Section shall,
from the date of its issuance, be a first (1st) lien on the property
until paid and shall be prima facie evidence of the recitals therein.
C.
No mere clerical error or informality in the tax bill or the proceedings
leading up to the issuance shall be a defense thereto.
[Ord. No. 6.37 (Bill
No. 2759), 11-7-2019]
The fact that the City has abated or arranged for the abatement
of deleterious unhealthful growths or noxious matter as required by
this Code shall not be a defense to the prosecution of violation of
this Code.
[Ord. No. 6.37 (Bill
No. 2759), 11-7-2019]
A.
Where the City Council declares the removal of weeds on certain
parcels of land not be in the best interest of the City, the City
Council may by a majority vote of the full Council 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.
B.
Except as necessary for the abatement of a traffic hazard, all lots
that are not occupied or used in any manner and that do not adjoin
other property that is occupied or used in any manner shall be exempt
from the provisions of this Code.
C.
Lots or parcels of real estate one (1) acre or more in area that
are vacant shall be exempt from the provisions of this Code except
that such lot or parcel of land shall keep all weeds, grasses, and
unattended vegetation within twenty (20) feet of the property lines
of said lot or parcel of real estate cut and removed.
