City of O'Fallon, MO
St. Charles County
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Table of Contents
Table of Contents
[R.O. 2007 §220.260; Ord. No. 2020 §§2—10, 4-3-1992; Ord. No. 3016 §§2—3, 4-1-1993; Ord. No. 4332 §1, 1-29-2002; Ord. No. 5589 §§3—4, 4-22-2010; Ord. No. 5657 §2, 1-13-2011]
A. 
Whenever "weeds", as defined herein, are allowed to grow on any property within the City limits of O'Fallon, Missouri, the owner of the ground or, in the case of multiple owners, each owner and the occupants of such property shall be jointly and severally responsible. The City Code Enforcement Officer shall determine whether the ground contains weeds, as defined herein, by measuring four (4) separate areas selected at random. If the Code Enforcement Officer does not determine "weeds" to be present at the selected areas, then the ground shall be considered in substantial compliance with this Section.
B. 
The City Code Enforcement Officer shall give a hearing after four (4) days' notice thereof, either personally or by United States mail to the owner or owners and the occupants or the agents for either the owners or occupants or by posting such notice on the premises.
C. 
Upon such notice the Code Enforcement Officer may declare the weeds to be a nuisance and order the same to be removed within five (5) business days; and if the weeds are not removed within said five (5) business days, the Code Enforcement Officer has the authority to cause the weeds to be immediately cut down and removed and shall certify the costs of same to the City Clerk.
D. 
The City Clerk shall then cause a special tax bill therefor against the property to be prepared and to be collected by the Collector with other taxes assessed against the property.
E. 
Such special tax bill from the date of its issuance shall be a first (1st) lien on the property until paid and shall be prima facie evidence of the recitals therein and of its validity; and no mere clerical error or informality in the same, or in the proceedings leading up to its issuance, shall be a defense thereto.
F. 
Each special tax bill shall be issued by the City Clerk and delivered to the Collector on or before the first (1st) day of June of each year. Such tax bills if not paid when due shall bear interest at the rate of eight percent (8%) per annum.
G. 
Whenever weeds in violation of this Section are allowed to grow on any part of any detention basin and/or common ground area, the trustees of the subdivision and/or developer of the subdivision shall be responsible.
H. 
If the weeds in the detention basin and/or common ground area are not cut down within five (5) business days, the trustees and/or developer shall be subject to prosecution in the O'Fallon Municipal Court and, upon conviction, subject to a penalty as set out in Section 100.010 of this Code. Each day after five (5) days shall constitute a separate violation.
I. 
The term "weeds", as used in this Section, shall mean any weed, brush, vegetation or grass more than eight (8) inches in height along any public or private street for a minimum depth of twenty (20) feet back from the outer edge of the curbing or the outer edge of the pavement if no curbing exists; and eight (8) inches in height elsewhere on improved property on which a building or structure is located; and eight (8) inches in height elsewhere on property on which no building or structure is located; provided however, that these height limitations shall not apply:
1. 
On land designated as being within a floodplain pursuant to Chapter 415 of this Code of Ordinances;
2. 
Within fifteen (15) feet of the top of the bank of a creek or larger waterway; and
3. 
On land which has a slope of more than 2.5 to 1.
J. 
The requirements of this Section shall not apply to any real property within the City limits which is:
1. 
Zoned as agricultural and primarily used for agricultural purposes and devoted primarily to the raising and harvesting of crops; or
2. 
Used for agricultural purposes and devoted primarily to the raising and harvesting of crops and not improved with any building or structure and where such agricultural use is compatible with the environment, enjoyment or use of nearby property and does not or otherwise constitute a nuisance;
provided however, that a maximum weed, grass or vegetation height of eight (8) inches shall be maintained along all sides of said property along both public and private streets for a minimum depth of twenty (20) feet back from the outer edge of the curbing or the outer edge of the pavement if no curbing exists. The agricultural exemption of this Subsection shall not apply to any property which has been zoned and platted for residential use after a residence has been constructed within the same plat as the property in question.
K. 
The requirements of this Section shall not apply to any real property within the City limits which meets all of the following requirements:
1. 
Is not improved with any building or structure;
2. 
Is more than two (2) acres in size;
3. 
Is maintained as a natural forested area or natural grassland containing native or prairie grasses; and
4. 
Where the growth of such vegetation is compatible with the environment, enjoyment or use of nearby property and does not otherwise constitute a nuisance;
Provided however, that a maximum weed, grass or vegetation height of eight (8) inches shall be maintained along all sides of said property along both public and private streets for a minimum depth of twenty (20) feet back from the outer edge of the curbing or the outer edge of the pavement if no curbing exists. For purpose of this Subsection, the size of such property shall be measured by lot or parcel lines designated on a plat or otherwise; multiple parcels or lots owned by the same property owner shall not be combined for purposes of calculating the two (2) acre size minimum.
L. 
Whenever private property abuts a public right-of-way or easement belonging to the City of O'Fallon, or any public entity, and there exists in such right-of-way or easement a lawn or grassy area between the private property line and the midline of said right-of-way or easement, then such lawn or grassy area shall be considered, for purposes of this Section requiring the cutting of grass and weeds, to be a part of the private lot 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 lot to equally maintain the 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 lawn or grassy area.
[Ord. No. 5589 §5, 4-22-2010]
A. 
For purposes of this Section, the following terms shall mean:
DEBRIS
Includes weed cuttings, cut and fallen branches, parts of dead trees and shrubs and other yard waste.
RUBBISH
Includes non-putrescible solid wastes including, but not limited to, paper, plastic, tin, steel, cloth, parts of derelict vehicles, broken furniture or equipment, glass, and any other material which is unhealthy or unsafe.
SOLID WASTE
Items which have been discarded or abandoned or which are not stored properly and serving no particular purpose.
TRASH
Includes putrescent and non-putrescent solid waste including, but not limited to, normal household waste and food stuffs and packaging.
B. 
Whenever trash, rubbish or debris are allowed to accumulate on any property within the City limits of O'Fallon, Missouri, the owner of the ground or, in the case of multiple owners, each owner and the occupants of such property shall be jointly and severally responsible.
C. 
The City Code Enforcement Officer shall give a hearing after four (4) days' notice thereof, either personally or by United States mail to the owner or owners and the occupants, or the agents of such owners or occupants, or by posting such notice on the premises.
D. 
Upon such notice the Code Enforcement Officer may declare the trash, rubbish or debris to be a nuisance and order the same to be removed within five (5) business days; and if the trash, rubbish and debris is not removed within said five (5) business days, the Code Enforcement Officer has the authority to cause the trash, rubbish or debris removed and shall certify the costs of same to the City Clerk who shall prepare a special tax bill for such costs.
E. 
Such special tax bill from the date of its issuance shall be a first (1st) lien on the property until paid and shall be prima facie evidence of the recitals therein and of its validity; and no mere clerical error or informality in the same, or in the proceedings leading up to its issuance, shall be a defense thereto.