City of Eureka, MO In General

[Ord. No. 862, §1.; Ord. No. 2058 §§1 — 3, 8-19-2008]

Weeds on certain property declared a nuisance. All noxious weeds or vegetation, including but not limited to Russian, Canadian, or common thistle, wild lettuce, wild mustard, wild parsley, ragweed, milkweed, ironweed, poisonous plants or shrubs which have attained a height of twelve inches or more, growing or existing upon any lot or lands within the City, with the exception of lands used for farming or gardening purposes at the time of such growth, are hereby declared a public nuisance and prohibited.

(b)

Weeds — destruction thereof. Every owner, occupant or person in control of any property described in subsection (a), shall cause that property to be kept free from such noxious weeds or vegetation by destroying them by spraying with a chemical compound, approved by the Building Commissioner or his duly authorized agent, or by cutting or digging under, or any other method approved by the Building Commissioner or his duly authorized agent.

(c)

Weeds — disposal thereof. All debris of any and all kinds and varieties, including but not limited to weed cuttings, shall be removed from the property within a reasonable period of time after being cut.

(d)

Enforcement, by whom. It should be the duty of the Building Commissioner or his duly authorized agent to enforce the provisions of this section.

(e)

Notice of violation. When the Building Commissioner or his duly authorized agent ascertains that noxious weeds and vegetation as set forth herein are growing on any property as described herein, he may cause a notice to be directed to the owner, occupant or other person in control of such lot or land where noxious weeds or other vegetation are growing thereon that the noxious weeds or vegetation must be destroyed by any of the methods set forth herein and that such destruction must begin and be completed within seven (7) calendar days from notification of said violation as provided in this Section, except in the case of conditions set forth in Subsection (k) of this Section. The notice to the owner, occupant or other person in control of such lot or land shall be served in any one (1) of the following ways:

(1)

By causing said notice to be delivered to such owner, agent, occupant or other person in control.

(2)

By posting a copy of such notice upon the property in question, said notice to be deemed served at the end of twenty-four (24) hours after the posting thereof.

(3)

By mail of such notice or copy thereof by priority mail enclosed in a sealed envelope postage prepaid, directed to such owner or other person in control of said property, either at his/her place of business or residence or elsewhere, said notice to be deemed served twenty-four (24) hours after the mailing of said notice in case it is directed to the business or resident address of the owner or other person in control of said property, provided that if the said owner and owners or other person in control of said property be non-residents of St. Louis County and have no business addresses or offices in St. Louis County, and then the said notice shall be deemed served at the end of such period of the mailing thereof as in the ordinary course of the transmission of the mail by the United States Postal Service would be required, for the receipt of said notice by the owner and owners or other person in control of said land at their place of residence or business.

(f)

Weeds — destruction by City or authorized agent. If the owner, agent, occupant or other person in control of any lot or land mentioned herein fails to comply with such notice, the Building Commissioner or his duly authorized agent shall cause such noxious weeds to be destroyed by one (1) of the methods set forth herein. The Building Commissioner or his duly authorized agent shall have the right to enter upon the property on which noxious weeds are growing for the purpose of enforcing this section, and may use any suitable means or assistance for the purpose of destroying such weeds as described herein including the letting of contracts for the aforesaid work to be done by private persons, firms or corporations.

(g)

Penalties. Any owner, agent, occupant, or person in control of any property described in section 619.010 who shall violate or fail to comply with any provisions of this section, including failure to comply with the notice as described herein shall upon conviction be fined not more than two hundred dollars ($200.00), or be imprisoned for a term not to exceed thirty (30) days, or by the fine and imprisonment. Each day of such violation shall constitute a separate offense as to each separate lot or tract of ground owned or controlled by such owner, agent, occupant or person.

(h)

Destruction by City, Building Commissioner to certify to the City Treasurer. Upon the completion of the destruction of such noxious weeds or vegetation by the Building Commissioner, or by a person, firm or corporation authorized by contract, the Building Commissioner or his duly authorized agent shall cause the total cost of such repair to be determined and certify the same to the City Treasurer.

(i)

Destruction by City, assessment as special tax. Upon approval of such report by the City Treasurer, the report with the approval of the Treasurer endorsed thereon, shall be assessed as a special assessed tax against each lot or parcel of ground chargeable therewith, in the name or names of the owner or owners thereof.

(j)

Collector — Attorney to collect by suit. All such special tax bills issued for cutting and removing such noxious weeds or vegetation shall be collectable by suit brought by the City Attorney in the name of the City. Such special tax bills and any action thereon, shall be prima facie evidence of the regularity of the proceedings for such special assessment, the validity of the bill, the doing of the work, and of the furnishing of the materials charged for, and of the liability of the property to the charge stated in the bill, including the costs of bringing the action as part of the cost in cutting and removing such noxious weeds or vegetation. Each said special tax bill shall include a charge of ten dollars ($10.00) for inspecting the same and giving notice, and a further charge of five dollars ($5.00) for issuing and recording the tax bill. Such tax bill if not paid within thirty (30) days after issuance shall bear interest at the rate of eight percent (8%) per annum.

(k)

If a notice of violation under this Section has been directed to the owner, occupant, agent or person in control of a property in a single calendar year, no subsequent notices are required to be given and all penalties may be immediately imposed and all City remedies may immediately be taken.

[Ord. No. 993 §§1 — 4, 7-2-1991; Ord. No. 1172 §1, 6-6-1995; Ord. No. 1471 §1, 8-1-2000; Ord. No. 2058 §§4 — 7, 8-19-2008]

(a)

High weeds, high grass, and rank vegetable growth prohibited. No person, whether owner, lessee, or occupant, having control or use of any property or any part of any property, shall cause or permit on any such property the growth of weeds, grass, or vegetable growths to attain a height in excess of twelve (12) inches, with the exception of lands used for farming or gardening purposes at the time of such growth.

Whenever private property abuts a public right-of-way or easement and there exists in such right-of-way or easement a tree lawn or grassy area between the private property line and the edge of the street pavement, then such tree, lawn or grassy area shall be considered, for purposes of this Section, 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 tree, lawn or grassy area within the abutting right-of-way or easement.

(b)

Notice to owner, lessee or occupant to trim or remove. Wherever weeds, grass or vegetable growths in violation of this Section are found to exist on any property, the Chief of Police or his designated representative shall notify, in writing, the owner, lessee or occupant of such property to abate the violation within seven (7) days, except in the case of conditions set forth in Subsection (e) of this Section. If, after seven (7) days from the date of such notice, the weeds, grass or vegetable growths remain in excess of twelve (12) inches in height, then the Police Chief or his designated representative shall issue a summons declaring the weeds, grass or vegetable growth to be a public nuisance and Code violation.

In the event that it is determined by the Chief of Police or his designated representative that such property is held in joint ownership, notice to any one (1) of the known owners of such property shall be deemed sufficient compliance with the provisions of this Section. In the event that it is determined by the Chief of Police or his designated representative that such property has been vacated or deserted, the mailing of notices to the last known address of the owner of such property shall be deemed sufficient compliance with the provisions of this Section. In the event that the owner of such property or the last known address of the owner of such property cannot be determined by the Chief of Police or his designated representative, the posting of notices on such property within view of the public shall be deemed sufficient compliance with the provisions of this Section.

(c)

Removal by City upon owner, lessee or occupant's failure to comply with notice; collection of fines and costs of removal. If the weeds, grass or vegetable growths are not cut down and removed from such property on or before the seventh (7th) day after the date of the warning notice provided for in Subsection (b), the Chief of Police shall have the same cut down and removed from such property and shall certify the date and cost of such cutting and removing to the Municipal Court Clerk. Penalties for violations of this Section shall be:

(1)

First violation on parcel or lot, minimum fine — seventy-five dollars ($75.00) plus removal costs;

(2)

Second violation on same parcel or lot within one (1) year from date of first violation, minimum fine — one hundred fifty dollars ($150.00) plus removal costs;

(3)

Third violation on same parcel or lot within one (1) year from date of first violation, minimum fine — three hundred dollars ($300.00) plus removal costs. Such fines and costs of removal shall be paid to the Eureka Municipal Division of the St. Louis County Circuit Court.

	In the event that such fines and removal costs are not paid to the Eureka Municipal Court, by November thirtieth (30th) each year, the City Clerk shall cause a lien to be issued against the property on which the weeds, grass or vegetable growth were cut. Such lien shall be collected by the City Clerk, and from the date of its issuance, shall be a first lien on such property until paid and shall be prima facie evidence of the recitals therein and of its validity. No mere clerical error or informality in the same or in the proceedings leading up to the issuance of such notice or lien shall be a defense thereto. The lien shall be enforced in the manner provided by law.

	All fines and removal costs, until such time that they are paid and the lien removed, shall bear interest at the rate of nine percent (9%) per annum.

(d)

Failure to comply with notices; misdemeanor. If the weeds, grass or vegetable growths are not cut down and removed from such property on or before the seventh (7th) day after the serving of the notice provided for in Subsection (b), the owner, lessee or occupant of such property shall be deemed guilty of a misdemeanor and, upon conviction, shall be subject to penalties as provided for in Subsection (c) of this Section.

(e)