[R.O. 2008 § 220.100; 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:
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;
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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.
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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;
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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.
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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.
[R.O. 2008 § 220.102; Ord. No. 5589 § 5, 4-22-2010]
A.
DEBRIS
RUBBISH
SOLID WASTE
TRASH
For purposes of this Section, the following
terms shall mean:
Includes weed cuttings, cut and fallen branches, parts of
dead trees and shrubs and other yard waste.
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.
Items which have been discarded or abandoned or which are
not stored properly and serving no particular purpose.
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 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.
