[1]
Cross References — As to streets, sidewalks and other public places, ch. 510; as to license tax on tree trimmers and tree surgeons, §605.150.
State Law Reference — Missouri plant law, §§263.010 et seq., RSMo.
[R.O. 2009 §29-1; Res. No. 2712½ §§1 — 4, 4-9-1997]
A. 
The City of Festus will no longer provide free limb pickup and removal/disposal services except for that service provided to the citizens through the contracted waste hauler and under the terms of said contract.
B. 
The City may provide for the emergency pickup and removal/disposal of tree limbs and debris with its own manpower and equipment or through private contract. This service shall be provided for a period of thirty (30) days after an emergency declaration has been issued by the Mayor. Said declaration shall only be issued after unusual storm events creating an abnormal amount of downed trees and debris. The Mayor shall have the authority to extend the period of emergency as deemed necessary for the welfare of the citizens of the City.
C. 
The City will seek bids from private contractors to supply residents with a service for free limb pickup and removal/disposal. The City will provide residents with the name of the contractor information concerning limb pickup and removal and advise residents that they will be responsible with making arrangements with the contractor for the work to be performed and for the payment thereon.
D. 
All other limb pickup and removal/disposal shall be the responsibility of the property owner.
[1]
State Law Reference — Destruction of weeds, §§263.190 et seq., RSMo.
[R.O. 2009 §29-17; Code 1975 §240.570]
The term "lot", as used in this Article, includes any lot, parcel or tract of land within the City, including railroad right-of-way.
[1]
Cross Reference — As to definitions and rules of construction generally, §100.020.
[R.O. 2009 §29-18; Code 1975 §240.570; Ord. No. 2752 §1, 9-24-1997; Ord. No. 3338 §§I — II, 10-8-2003]
A. 
High Weeds And High Grass Prohibited. Any owner, lessee or occupant or any agent, servant, representative or employee of any such owner, lessee or occupant having control of any lot of ground or any part of any lot, who shall allow or maintain on any such lot any growth of weeds or grass to a height of ten (10) inches or more, shall be deemed guilty of an ordinance violation. Whenever private property abuts a public 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 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.
B. 
Violation. It shall be considered an ordinance violation and a nuisance not to maintain the public right-of-way or easement belonging to the City of Festus as described above. A description of the enforcement for this Section can be located in the City's nuisance ordinance and more specifically in Sections 215.100 through 215.120 of the City of Festus's Code of Ordinances.
[R.O. 2009 §29-19; Code 1975 §240.570; Ord. No. 1700 §1, 1-12-1983; Ord. No. 2752 §1, 9-24-1997; Ord. No. 3841 §I, 11-5-2008; Ord. No. 4307 §III, 8-11-2016]
The Mayor or his/her duly authorized representative shall inspect all lots in the City of Festus as often as necessary to ensure proper observance of this Division. Upon finding that any lot has upon it any weeds in excess of ten (10) inches in height, he/she shall, in writing, notify the owner and, if the property is not owner-occupied, to any occupant having possession of such property to abate or remove such nuisance within ten (10) days from the receipt of such notice. This notice shall be delivered either personally or by United States mail to the owner or owners, and, if the property is not owner-occupied, to the occupants or his/her or their agents or by posting such notice on the premises.
[R.O. 2009 §29-20; Code 1975 §240.570; Ord. No. 2752 §1, 9-24-1997; Ord. No. 4734, 8-14-2023]
If the owner fails to begin removing the nuisance within the time specified in the notice or upon failure to pursue the removal of such notice without unnecessary delay, the Mayor or his/her duly authorized representative shall have the weeds cut down and removed and shall certify the cost 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 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 the issuance shall be a defense thereto. Each special tax bill shall be issued by the City Clerk 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, or the maximum rate allowed under Missouri law for the collection of delinquent real estate.
[R.O. 2009 §29-21; Code 1975 §240.570]
Any person who fails to comply with this Division and receives the notice violation and fails to comply with that notice within the time specified therein shall be subject to the penalties of Section 100.120.