City of Winchester, MO Weeds, High Grass, Other Vegetation and Debris

Failure To Keep Weeds, High Grass And Other Vegetation Cut And Removed, A Nuisance. All persons owning or occupying any lot or tract of land in the City shall keep the weeds, high grass and other vegetation growing on such property cut and removed. Whenever such weeds, high grass or other vegetation shall attain the height of seven (7) inches, it shall be deemed a public nuisance.

Unlawful To Maintain Such Nuisance. It shall be unlawful for any person to create or maintain a nuisance as defined in Subsection (A).

Liability. Whenever weeds, high grass or other vegetation in violation of Subsection (A) of this Section 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 entireties or tenancy in common, each owner thereof shall be liable.

Notice. The City Attorney shall give a hearing after four (4) 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 Attorney may declare the weeds, high grass or other vegetation to be a nuisance and order the same to be abated within five (5) days.

Disposition. In case the weeds, high grass or other vegetation are not cut down and removed within the five (5) days, the City Attorney shall have the weeds, high grass or other vegetation cut down and removed and shall certify the costs of same to the City Clerk.

Tax Bill. The City Clerk shall cause a special tax bill therefor against the property to be prepared and to be collected by the Collector 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 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.

[Ord. No. 780 §§1 — 5, 10-22-1997]

Debris Defined. Any condition on any lot or land that has the presence of debris of any kind is hereby declared to be a public nuisance, subject to abatement. Debris includes weed cuttings, cut and fallen trees and shrubs, overgrown vegetation and noxious weeds which are seven (7) 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 inoperable or derelict cars or trucks, broken furniture and/or any flammable material. The word "debris" also includes any other material which is found on any lot or land that is unhealthy or unsafe, provided (1) that it is described in detail in the notice that is required in Subsection (B) below, and (2) that the definition is not challenged by requesting a formal hearing as provided in Section (B) below.

Notice. Enforcement of this Section shall be the responsibility of the Health Commissioner. Enforcement shall commence by providing notice to the owner of the property of the nuisance condition existing on his/her/its property. The notice may be delivered by personal service, by certified mail or by ordinary mail. (If sent by ordinary mail, there will be a rebuttable presumption that the letter was delivered five (5) days after the date it was sent.)

The notice shall generally describe the nature of the nuisance, the location of the property (using the mailing or popular address rather than a legal description, when reasonably possible to do so), and ordering the property owner to, within a period of seven (7) days from the receipt of the notice, abate the nuisance.

Any owner who wishes to challenge the order of abatement may do so, provided that within the seven (7) day period he/she requests a hearing on the validity of the order under the State Administrative Procedure Act, Chapter 536, RSMo. If no such request is made within that time period, the order becomes final and is not subject to challenge elsewhere. If such request is made, the hearing shall be conducted by the Board of Adjustment. The request for a hearing must be in writing, but otherwise no particular formality is required. Notice to the property owner of his/her right to request such hearing shall be given by including a copy of this Section with any notice sent under authority of this Section. Once a request for a hearing is received, the hearing shall be conducted in accordance with the "contested case" provisions of the State Administrative Procedure Act. The City Attorney shall represent the City at such a hearing.

Abatement Of Nuisance. If the nuisance is present on the property seven (7) days after receipt of the notice by the property owner, the enforcement officer shall cause the same to be abated. (The costs of abatement may include a fee for the City's cost in administrating this Section, which fee shall not exceed one hundred dollars ($100.00.) The enforcement official shall certify the cost of such abatement to the City Clerk or other officer in charge of finance 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, and shall be collected in the same manner and procedure as for collecting real estate taxes.

Violation Is An Offense. An owner who fails to remove a nuisance within seven (7) days of being notified to do so by the notice/abatement order described in Subsection (A) above shall be guilty of an offense and may (at the option of the City) be charged in Municipal Court with the offense of "failure to abate a nuisance".