[Ord. No. 1079 §1, 10-20-2008; Ord. No. 1264, 1-24-2019]
A. Any
lot or land shall be a public nuisance if it has the presence of debris
of any kind, including, but not limited to, weed cuttings, cut and
fallen trees and shrubs, overgrown vegetation and noxious weeds which
are twelve (12) inches or more in height, rubbish, garbage, trash
and junk, lumber not piled or stacked twelve (12) inches off the ground,
rocks or bricks, tin, steel, junk, unregistered or non-operational
motor vehicle(s), derelict vehicle(s) or parts thereof, unused furniture
or appliances, any flammable material which may endanger public safety
or any material which is unhealthy or unsafe and declared to be a
public nuisance as described herein. Overgrown vegetation and noxious
weeds which are twelve (12) inches or more in height shall not be
deemed a public nuisance and shall be allowed in the twenty-five (25)
foot buffer strip from top of bank of streams/creeks for stormwater
management.
B. When
a public nuisance as described above exists, the Chief of Police shall
so declare and give written notice to the owner of the property by
personal service, certified mail, if otherwise unsuccessful, by publication.
Such notice shall, at a minimum:
1. Declare that a public nuisance exists;
2. Describe the condition which constitutes such nuisance;
3. Order the removal or abatement of such condition within seven (7)
days from the date of service of such notice;
4. Inform the owner that he or she may file a written request for a
hearing before the Chief of Police on the question of whether a nuisance
exists upon such property; and
5. State that if the owner fails to begin removing the nuisance within
time allowed or upon failure to pursue the removal of such nuisance
without unnecessary delay, the Chief of Police shall cause the condition
which constitutes the nuisance to be removed or abated and that the
cost of such removal or abatement may be included in a special tax
bill or added to the annual real estate tax bill for the property
and collected in the same manner and procedure for collecting real
estate taxes.
C. If
the owner of such property fails to begin removing the nuisance within
the time allowed or upon failure to pursue the removal of such nuisance
without unnecessary delay, the Chief of Police may cause the condition
which constitutes the nuisance to be removed. If the Chief of Police
causes such condition to be removed or abated, the cost of such removal
shall be certified to the City Clerk and/or Finance Officer who shall
cause the certified cost to be included in a special tax bill or added
to the annual real estate tax bill, at the collecting official's option,
for the property and the certified cost shall be collected by the
City Collector or other official collecting taxes in the same manner
and procedure for collecting real estate truces. If the certified
cost is not paid, the tax bill shall be considered delinquent and
the collection of the delinquent bill shall be governed by the laws
governing delinquent and back taxes. The tax bill from the date of
its issuance shall be deemed a personal debt against the owner and
shall also be a lien on the property until paid.
D. It
is unlawful for any owner or occupant of property in the City of Troy,
Missouri, to permit or maintain a public nuisance on any such property.
Upon conviction, such person shall be punished as provided herein
and every day such nuisance is maintained shall constitute a separate
and distinct offense. Upon conviction for causing or maintaining a
nuisance, the cost of removing or abating the nuisance may be made
a part of the judgment by the Municipal Court, in addition to the
penalty imposed, provided, however, that the said additional cost
shall be in lieu of the issuance of a tax bill as provided above.