[Ord. No. 163 §§2
— 3, 8-12-1993; Ord. No. 313 §1, 7-10-1997; Ord.
No. 1229 §1, 9-8-2011; Ord. No. 2073, 4-19-2023]
A. Definitions. The following definition shall apply in interpretation
and enforcement of this Section, unless otherwise specifically stated:
WEEDS
Any weed, brush, vegetation, or grass more than seven (7)
inches in height along any public or private street for a minimum
depth of twenty (20) feet back from the outer edge of the curbing
or the outer edge of the pavement if no curbing exists; and seven
(7) inches in height elsewhere on improved property on which a building
or structure is located; and twelve (12) inches in height elsewhere
on property on which no building or structure is located; provided,
however, that these height limitations shall not apply:
1.
On land designated as being within a floodplain pursuant to Chapter
415 of this Municipal Code;
2.
Within fifteen (15) feet of the top of the bank of a creek or
waterway; or
3.
On land which has a slope of more than three (3) feet horizontal
to one (1) foot vertical which is covered with appropriate stabilizing
vegetation.
B. Maintenance Of Private Property, Public Rights-Of-Way And Easements. All persons owning any lot or tract of land within the City limits shall keep all weeds growing on such property cut and removed in accordance with the terms and provisions of this Section
215.090. Such persons shall likewise keep cut and removed all weeds growing in any areas between the property line and the centerline of all improved or unimproved streets or alleys, including, but not limited to, drainage ditches, curbs, easements or other public rights-of-way of the City of Cottleville or other public entity.
C. Unlawful To Maintain Such Nuisance. It shall be unlawful for any person to create, maintain, or allow a nuisance as defined in Subsection
(B) on any part of any lot or ground within the City. In addition to the abatement procedures described in this Section, any person violating any of the provisions of this Section, upon conviction, shall be punished by a fine of:
1.
Fifty dollars ($50.00) for the first violation;
2.
One hundred dollars ($100.00) on the second violation;
3.
Two hundred dollars ($200.00) on the third violation; and
4.
Five hundred dollars ($500.00) on the fourth and all additional
violations thereafter.
D. Liability. Whenever any weeds in violation of Subsection
(B) are allowed to grow on any part of any lot or tract of land within the City limits, the owner of the lot or tract shall be personally liable. In cases where the growth is located on property held by joint tenancy, tenancy by entireties, or tenancy in common, each owner thereof shall be jointly and severally liable.
E. Notice And Hearing. Whenever any weeds are allowed to grow on any
property within the City in violation of this Section, the Director
of Public Works is authorized to hold a hearing no sooner than ten
(10) days after notice thereof. Said notice shall be served upon the
owner or owners of the property either personally or by United States
Mail or by posting such notice on the premises. Thereupon, the Director,
after conducting such hearing, may declare the weeds to be a nuisance
and order the same to be abated within seven (7) days of the date
of the hearing. Notice of said declaration shall be given to the owner
of the property either personally or by United States Mail or by posting
such declaration on the premises.
F. Abatement. If the owner fails to begin removing the nuisance within
seven (7) days of the posting or mailing or giving of notice that
the nuisance has been ordered removed or upon failure by the owner
to pursue the removal of such nuisance without unnecessary delay,
the Director shall cause the weeds to be cut down and removed and
shall certify the costs of the cutting down and removing of said to
the City Clerk.
G. Tax Bill. The City Clerk shall cause the certified costs to be included
in a special tax bill or added to the annual real estate tax bill,
at the option of the collecting official, of the property in question;
and the certified costs shall be collected by the collecting official
in the same manner and under the same procedure for collecting real
estate taxes. If the certified costs are 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 by the collecting official
shall be deemed a personal debt against the owner or owners of the
property in question and shall also be a lien on the property in question
until paid.
H. The requirements of Subsection
(B) shall not apply to any portion of real property within the City limits on which crops are actively grown and which is: i) zoned as agricultural, primarily used for agricultural purposes, and devoted primarily to the raising and harvesting of crops; or ii) used for agricultural purposes, devoted primarily to the raising and harvesting of crops, not improved with any building or structure, and where such agricultural use is compatible with the environment, enjoyment, or use of nearby property, and does not or otherwise constitute a nuisance (collectively, "agricultural property"). Notwithstanding the foregoing, a maximum weed, grass or vegetation height of seven (7) inches shall be maintained along all sides of said property along both public and private streets for a minimum depth of twenty (20) feet back from the outer edge of the curbing or the outer edge of the pavement if no curbing exists whether or not crops are grown in such areas. On all portions of agricultural property on which crops are not actively grown, the terms and provisions of this Section
215.090 shall apply to the agricultural property. The exemption set forth in this Subsection shall not apply to any property which has been zoned and platted for residential use after a residence has been constructed within the same plat as the property in question.
I. The requirements of this Section shall not apply to any real property
within the City limits which meet all of the following requirements:
is not improved with any building or structure; is more than two (2)
acres in size; is maintained as a natural forested area or natural
grassland containing native or prairie grasses; and where the growth
of such vegetation is compatible with the environment, enjoyment or
use of nearby property and does not otherwise constitute a nuisance;
provided, however, that a maximum weed, grass or vegetation height
of seven (7) inches shall be maintained along all sides of said property
along both public and private streets for a minimum depth of twenty
(20) feet back from the outer edge of the curbing or the outer edge
of the pavement if no curbing exists. For purpose of this Subsection,
the size of such property shall be measured by lot or parcel lines
designated on a plat or otherwise; multiple parcels or lots owned
by the same property owner shall not be combined for purposes of calculating
the two-acre size minimum.