City of Lake Saint Louis, MO Article III Weeds, Grass or Other Vegetation

Section 220.210 Noxious Weeds and Grass Growth Over A Certain Height Prohibited.

[CC 1988 §63.200; Ord. No. 1120 §1, 8-19-1996; Ord. No. 1218 §4, 9-27-1997; Ord. No. 2865 §1, 6-7-2010; Ord. No. 2957 §1, 3-7-2011]

A. Definitions. As used in this Article, the following terms shall have these prescribed meanings:

AGRICULTURAL AREAS

Any parcel of ground that was zoned agricultural at the time of its annexation and has continued to be used for agriculture.

LANDSCAPED AREAS

The addition of trees, plants and other natural and decorative features in a bordered area of a lawn.

LAWN

An area around a house/building consisting of a grass or turf, other than a landscaped area or wooded area, that requires mowing.

NOXIOUS WEEDS

Noxious weeds include, but are not limited to, the following:

1. Johnson Grass.

2. Bindweed.

3. Multiflora Rose.

4. Canada Thistle.

5. Musk Thistle.

6. Jimson.

7. Scotch Thistle.

8. Purple Loosestrife.

9. Burdock.

10. Ragweed.

11. Poison Ivy.

12. Thistle.

13. Poison Oak.

14. Bamboo.

Or other weeds of like kind to include rank vegetable growth which exhale unpleasant and noxious odors, and also high and rank vegetable growth that may conceal filthy deposits.

TALL GRASS

Overgrown grass or turf of a type cultivated for and commonly found on residential lawns, which is seven (7) inches or more in height.

WOODED AREAS

A dense cluster of trees set back from any structure a minimum of twenty (20) feet.

B. Noxious Weeds And Grass Growth Over A Certain Height Prohibited.

1. It shall be unlawful for the owner of any lot or ground located within the corporate limits of the City of Lake Saint Louis, or in case of joint tenancy, tenancy by entireties or tenancy in common, each owner thereof, to allow or maintain on any such parcel of ground any noxious weeds.

2. Except for properties identified as agricultural areas above, it shall be unlawful for the owner of any lawn on any lot or ground located within the corporate limits of the City of Lake Saint Louis, or in case of joint tenancy, tenancy by entireties or tenancy in common, each owner thereof, to allow or maintain on such lawn any growth of tall grass which is seven (7) inches or more in height.

Section 220.220 Notice To Remove — Removal By City Upon Owner's Failure.

[CC 1988 §63.210; Ord. No. 715 §1, 10-15-1990; Ord. No. 2957 §1, 3-7-2011]

Whenever noxious weeds or tall grass are allowed to grow or are maintained on any part of any lot or ground within the corporate limits of the City of Lake Saint Louis in violation of the provisions of this Article, the owner of the ground, or in case of joint tenancy, tenancy by entireties or tenancy in common, each owner thereof, shall be liable. The City Administrator or his/her agent shall give a hearing after ten (10) days' notice thereof, either personally or by United States mail, to the owner or owners, or the owner's agents, or by posting such notice on the premises; thereupon, the City Administrator or his/her agent may declare the noxious weeds or tall grass to be a nuisance and order the same to be cut down and removed within five (5) days; and in case the noxious weeds or tall grass on the designated parcel are not cut down and removed within the five (5) days, the City Administrator or his/her agent shall have the noxious weeds or tall grass cut down and removed, and shall certify the costs of same to the Board of Aldermen for assessment. The Board of Aldermen shall then cause a special tax bill thereof against the property to be issued by the City Clerk who will deliver to the County Collector for collection with other taxes assessed against the property. 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 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.

Section 220.230 Developed or Partially Developed Properties Having Been Assessed As Agricultural By The St. Charles County Assessor's Office.

[Ord. No. 2965 §1, 4-4-2011]

A. From time to time, the St. Charles County Assessor's office, at the request of a property owner, will change the statutory level of assessment of a specific developed or partially developed property or grouping of developed or partially developed properties from "residential" or "commercial" to "agricultural". It is the position of the City of Lake Saint Louis that, regardless of any such designation by the Assessor's office, the City's zoning rules and regulations and property maintenance standards remain applicable.

B. However, in the interest of promoting agriculture and affording owners of such properties certain relief from tax obligations, while still protecting the owners of properties located near or adjacent to properties having been assigned such designation, the City may not require that such properties be maintained in strict compliance with the provisions for tall grass specified in Section 220.210 above.

1. Applicability. Unless specifically approved by the City Development Administrator, no property or groupings of properties less than two (2.0) acres in size will qualify for maintenance standards specified in this Section. Under no circumstances will the rules and regulations specified in this Section be allowed for maintenance of individual un-built upon lots or groups of un-built upon lots interspersed throughout a partially developed residential subdivision.

2. Rules and regulations. As qualified immediately above, partially developed properties or groupings of partially developed properties having been assigned a statutory level of assessment of "agricultural" by the St. Charles County Assessor's office shall be maintained in compliance with the following standards:

a. The property shall be used only for the growing and harvesting of a grain or grass/hay crop. The property shall not be used for the containment, feeding, dairying, breeding or management of livestock or any other agricultural purpose.

b. The property shall not be fenced.

c. The property owner shall conduct no outdoor crop storage on the site.

d. The property owner shall cause the agricultural planting upon the developed or partially developed property to be conducted in such a manner and at such time of year that it would reasonably be expected to produce a harvestable crop.

e. At the request of Code Enforcement Officials of the City, the property owner shall demonstrate that a crop has been taken from said property at the completion of the growing season.

f. At the end of the growing season, the property owner shall cause the entirety of said property to be mowed to a height not exceeding seven (7) inches; the property shall be maintained at this maximum height until such time as agricultural planting is again conducted.

g. The property or group of properties shall at all times be maintained in compliance with the philosophy, principles and standards of Chapter 540: Erosion and Sedimentation Control Regulations of the Revised Ordinances of the City of Lake Saint Louis.

[Ord. No. 4190, 2-1-2021]

h. The perimeter of the property or group of properties shall be maintained at a height not exceeding seven (7) inches as follows:

(1) Where the property abuts a publicly accepted street or private street or drive (where so designated), a strip of right-of-way and/or property twenty (20) feet in width from the curb or edge of pavement must be maintained at a height not exceeding seven (7) inches.

(2) Where the property abuts a residential parcel (whether built-upon or not or whether occupied or not), a strip of property thirty (30) feet in width from the common property line must be maintained at a height not exceeding seven (7) inches.

(3) Where the property abuts a non-residential parcel that is not built-upon or occupied, a strip of property ten (10) feet in width from the common property line must be maintained at a height not exceeding seven (7) inches; where the property abuts a non-residential parcel that is built-upon and/or occupied, a strip of property twenty (20) feet in width from the common property line must be maintained at a height not exceeding seven (7) inches.

Section 220.240 Remedies For Non-Compliance With City Standards For Developed or Partially Developed Properties Having Been Assessed As Agricultural By The St. Charles County Assessor's Office.

[Ord. No. 2965 §2, 4-4-2011]

A. In addition to the issuance of citations for non-compliance and in addition to the remedies for non-compliance provided for in Section 220.220 above, the following additional remedies may be exacted by the City.

1. Failure to comply with any of these standards may result in the revocation of the privilege of using the property for allowed agricultural purposes and may require the mowing of the entire property by the owner in compliance with Section 220.210, or by the City as provided for in Section 220.220.

2. If the owner fails to comply with philosophy, principles and standards of Chapter 540: Erosion and Sedimentation Control Regulations, privileges pursuant to these provisions may be revoked with the result being that all of the property must be maintained in compliance with Section 220.210. In addition, before privileges under Section 220.230 are re-instated, the City may require an erosion control cash escrow to be posted with the City's Director of Finance in an amount to be determined by the City Development Administrator and otherwise in compliance with Chapter 430, Article IX, Required Improvements and Guarantees.

[Ord. No. 4190, 2-1-2021]