[Ord. No. 111 §1, 6-5-2006; Ord.
No. 1336 §1, 6-16-2014; Ord. No. 1469, 8-20-2018]
A. No person shall cause or permit any weeds, grass, or rank vegetation growth to attain a height in excess of ten (10) inches, nor shall such person permit any dead tree or fallen tree to remain upon any property within the City, except as provided in Subsection
(B) of this Section. Any owner of any lot, parcel of land or land of any other description in the City who shall cause or permit any weeds, grass, or rank vegetation growth to attain a height in excess of ten (10) inches, or permit any dead tree or fallen tree to remain upon any property in the City, who does not fall within the exception enumerated in Subsection
(B) of this Section, shall be deemed to have committed a public nuisance.
B. With respect to any undeveloped property in excess of three (3) acres,
this Section shall apply only to the portions of such property which
are located within one hundred (100) feet of any street right-of-way
or within one hundred (100) feet of any adjoining property. For purposes
of this Section, "street" shall include all highways, streets and
roads other than those highways commonly known as "interstate highways."
C. All weeds, grass, or rank vegetation growth, dead tree or fallen
tree, when cut down, shall be removed and disposed of in such a manner
as not to create a nuisance.
D. Whenever weeds, grass, or rank vegetation growth is allowed to grow
on any portion of any property, or any dead tree or fallen tree is
on any portion of any property in violation of this Section:
1.
The Mayor, or the Mayor's duly authorized representative,
shall give a hearing after four (4) days' written notice thereof,
either personally or by United States mail, to the owner(s) or his/her
(or their) agent(s), or by posting such notice on the premises; and
2.
If the evidence at such hearing supports such a finding, the
Mayor, or the Mayor's duly authorized representative, shall declare
the weeds, grass, or rank vegetation growth, dead tree or fallen tree
to be a nuisance and order the owner to cut down and remove the weeds,
grass, or rank vegetation growth, dead tree or fallen tree within
five (5) business days of such hearing; and
3.
If such weeds, grass, or rank vegetation growth, dead tree or
fallen tree is not cut down and removed within five (5) business days,
the Mayor, or the Mayor's duly authorized representative, shall
have such weeds, grass, or rank vegetation growth, dead tree or fallen
tree cut down and removed immediately thereafter and certify the costs
of such cutting and removal to the City Clerk, who shall cause a special
tax bill to be issued therefor against the property from which such
weeds, grass, or rank vegetation growth, dead tree or fallen tree
was cut.
4.
Any person aggrieved by a determination by the Mayor, or the Mayor's duly authorized representative, pursuant to Subsection
(D)(2) above, may seek judicial review of the decision in accordance with the provisions for judicial review of administrative decisions pursuant to Chapter 536, RSMo., by filing a petition for review in the Circuit Court for Jefferson County within five (5) business days of the date such determination is entered.
E. In addition to any other charges which may be levied against said
property, as a part of the cost of removing such weeds, grass, or
rank vegetative growth, dead tree or fallen tree, each such special
tax bill shall include a charge of twenty-five dollars ($25.00) for
each inspection, notice, hearing and tax bill filed.
F. The above-described special tax bill shall be collected by the Collector
of Revenue with other taxes assessed against the property. The tax
bill, from the date of its issuance, shall be a first 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 such tax bill or in the proceedings leading to its issuance shall
be a defense thereto. Each special tax bill shall be issued by the
City Clerk and delivered to the Collector of Revenue on or before
the first day of June of each year. Such tax bills, if not paid within
thirty (30) days after issuance, shall bear interest at the rate of
eight percent (8%) per annum. In the event a lawsuit is required to
enforce such a tax bill, the City may be awarded its costs of collection,
including attorney fees, by the court in accordance with Section 71.285,
RSMo.
G. It shall be the duty of the Mayor, or the Mayor's duly authorized
representative, whenever notified of the existence of weeds, grass,
or rank vegetation growth in excess of ten (10) inches in height,
or dead tree or fallen tree, on any street or public place in the
City, to have such weeds, grass, or rank vegetation growth or dead
tree or fallen tree cut down and removed.
H. If weeds, grass, or rank vegetation growth are allowed to grow, or a dead tree or fallen tree exist on the same property in violation of Subsection
(A) more than once during the same growing season:
1.
The Mayor, or the Mayor's duly authorized representative,
may order the owner or owners to cut down and remove same within five
(5) business days after notice of such order is delivered, after which
the Mayor, or the Mayor's duly authorized representative, may
have such weeds, grass, or rank vegetation growth or dead tree or
fallen tree cut down and removed, and the costs thereof shall be taxed
and enforced as otherwise provided in this Section; or
2.
The Mayor, or the Mayor's duly authorized representative,
may, without such notice, have such weeds, grass, or rank vegetation
growth, or dead tree or fallen tree cut down and removed, and the
costs thereof shall be taxed and enforced as otherwise provided in
this Section.
I. It shall be unlawful for any person, or any officer, agent, or employee of any corporation within this City, to cause or maintain weeds, grass, or rank vegetation growth or dead tree or fallen tree in violation of Subsection
(A), and it shall be unlawful for any person to fail or refuse to cut down and remove such weeds, grass, or rank vegetation growth or dead tree or fallen tree within the time required and specified in the notice of the Mayor, or the Mayor's duly authorized representative, as provided in Subsection
(D). Upon conviction, such person shall be punished as provided in Section
100.220, and every day such nuisance is maintained after such notice shall constitute a separate and distinct offense.