[R.O. 2011 §8.40.010; Ord. No. 6621 §1, 2006; Ord. No. 6983 §1, 3-23-2015]
A.
It is unlawful for any owner, lessee or occupant or any agent, servant,
representative or employee of such owner, lessee or occupant of any
lot, ground or premises or any part thereof to allow or maintain a
growth of any weeds or turf grasses to a height of seven (7) inches
or more upon any lot, land or premises in the City or upon the street
or upon the right-of-way adjoining such premises or upon any adjoining
sidewalk, excepting unimproved parcels of land upon which a maximum
growth of weeds or grasses shall be not more than twelve (12) inches
in height. Weeds and turf grasses that exceed the height restrictions
contained in this Section shall be declared a public nuisance.
B.
Weeds shall not include cultivated flowers, gardens and plants native
to this region used for aesthetic and/or wildlife enhancement, and/or
to offset and control any soil loss problems either occurring or predicted.
Cultivated flowers, gardens and plants native to this region are exempt
from height restrictions in all City parks or private property, provide
they do not obstruct sight distance for pedestrian, bicycle or vehicular
traffic; encroaches upon neighboring property; or create a clear and
present hazard to public health or safety.
[R.O. 2011 §8.40.020; Prior Code §14-33; Ord. No. 4069 §1]
Every owner, lessee or occupant or the representative thereof
shall cause the lot, land or premises to be kept free from such noxious
weeds and vegetation by destroying them by spraying with a chemical
compound or by cutting or digging under or any other method approved
by the City Engineer. All weed cuttings and fallen trees shall be
removed in such a manner as not to create a nuisance.
[R.O. 2011 §8.40.030; Ord. No. 6669 §1, 2006]
A.
Whenever weeds, in violation of Sections 220.290 or 220.300 of this Chapter, are allowed to grow on any part of any lot or ground within the City, the owner of the ground, or in case of joint tenancy, tenancy by the entireties or tenancy in common, each owner thereof shall be liable. The City Manager or his/her designee shall give a hearing after ten (10) days' notice thereof either personally or by United States mail to the owner or owners, or his/her or their agents, or by posting such notice on the premises; thereupon the City Manager or designee may declare the weeds to be a nuisance and order the same to be abated within five (5) days; and in case the weeds are not cut down and removed within the five (5) days, the City Manager or designee may have the weeds cut down and removed, and shall certify the costs of the same to the City Clerk who shall cause a special tax bill therefor against the property to be prepared and to be collected by the Director of Finance 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 and delivered to the Director of Finance on or before the first (1st) day of June of each year. Such tax bills if not paid when due shall bear interest at a rate of eight percent (8%) per annum.
B.
Notwithstanding
the time limitations of this Section, the City Manager or designee
may hold the hearing provided in this Section four (4) days after
notice is sent or posted, and may order at the hearing that the weeds
shall be abated within five (5) business days after the hearing and
if such weeds are not cut down and removed within five (5) business
days after the hearing, the order may allow the City to immediately
remove the weeds pursuant to this Section.
C.
If weeds are allowed to grow on the same property in violation of this Chapter more than once during the same growing season, the City Manager or his/her designee may order that the weeds be abated within five (5) business days after notice is sent to or posted on the property. In case the weeds are not removed within the five (5) days, the City Manager or his/her designee may have the weeds removed and the cost of the same shall be billed in the manner described in Subsection (A) of this Section.
D.
Except for lands owned by a public utility, rights-of-way, and easements appurtenant or incidental to lands controlled by any railroad, the Missouri Department of Transportation, the Missouri Department of Natural Resources or the Missouri Department of Conservation, the provisions of Articles I and II of this Chapter shall also be available for violations of Sections 220.290 or 220.300 of this Chapter.
