[based on RSMo. §67.398(1,3);Ord. No.
09-009 §§1 — 2, 3-16-2009; Ord. No. 19-045, 6-3-2019]
A. Any
platted lot of record 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 ten (10) inches or more in height, rubbish and trash,
lumber not piled or stacked twelve (12) inches off the ground, rocks
or bricks, tin, steel, parts of derelict cars or trucks, broken furniture,
any flammable material which may endanger public safety or any material
which is unhealthy or unsafe and declared to be a public nuisance.
B. Any
unplatted parcel of property shall be a public nuisance if it has
the presence of non-vegetative debris including, but not limited to,
rubbish and trash, rock piles, tin, steel, parts of derelict cars
or trucks, broken furniture, any flammable or hazardous materials
which may endanger public safety or any other material which is unhealthy
or unsafe. In addition to the above, any such property shall be a
public nuisance if it has the presence of overgrown vegetation and/or
noxious weeds which are ten (10) inches or more in height within a
fifty (50) foot perimeter from each of the property lines. Except
for this perimeter, the balance of any unplatted lot must be mowed
to a height of less than ten (10) inches at least once during the
growing season.
C. When
a public nuisance as described above exists, the Code Enforcement
Official shall so declare and give written notice to the owner, tenant,
and/or person or corporation in control 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 constitute 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 a hearing officer 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 Code Enforcement Official 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.
If more than one (1) violation occurs within any calendar year,
then, in that event, no further notice shall be required for the second
(2nd) or any subsequent violations in that calendar year and the Code
Enforcement Official is authorized to take any punitive actions as
are provided in this Code.
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D. Violations
And Penalties.
1. Any person violating any of the provisions of this Section shall, upon conviction thereof, be subject to the penalty provided in Section
100.220. Nothing in this Section shall prohibit the City from taking any other appropriate action to enforce the provisions of this Section, in addition to or instead of proceeding in municipal court.
2. In addition to such penalty, 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 Code Enforcement Official shall cause the condition which constitutes
the nuisance to be removed. If the Code Enforcement Official 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 taxes. 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.