[Ord. No. 120 §1, 10-21-1996]
For the purposes of this Article the following term shall be deemed to have the meaning indicated below:
FENCE
A structure, partition or wall erected for the purpose of enclosing or separating land or for the purpose of providing shade or privacy screening. Shrubs, hedges, trees, and other plant material shall not be considered a fence.
[Ord. No. 120 §2, 10-21-1996]
No person shall erect or maintain any fence in any roadway right-of-way which affects the public health, safety and/or welfare by the obstruction of vehicular or pedestrian traffic or their sight-lines. Any such fence so located is hereby declared to be a nuisance. For the purpose of this Article, the roadway right-of-way shall be presumed to extend a distance of ten (10) feet from any lot line adjacent to any street or highway in the City of Green Park and on which vehicular travel occurs.
[Ord. No. 120 §3, 10-21-1996]
A. 
Upon proper notice and an opportunity to be heard, the owner and/or occupant of any private property whereon the nuisance is situated shall be jointly and individually liable for its removal and disposition. In such event the owner and occupant of any private property whereon the nuisance is situated shall be jointly and individually liable for expenses incurred.
B. 
The City shall cause written notice to be served upon the owner and/or occupant of any private property whereon the nuisance is situated. The notice shall state:
1. 
That the fence is deemed to be a nuisance pursuant to this Article,
2. 
That the nuisance shall be abated within ten (10) days from the date of such notice,
3. 
That the owner and/or occupant has a right to a hearing with representation by counsel contesting the existence of such nuisance, and
4. 
That upon failure to either abate the nuisance or to timely request a hearing, the City shall undertake the removal and/or disposition of the nuisance and all costs relating thereto shall be levied against the owner and/or occupant.
C. 
Notice shall be effected by:
1. 
Attaching a copy of same to the nuisance,
2. 
Posting a copy of same at the private property on which the nuisance is situated, and
3. 
Mailing, by certified mail or certificate of mailing, a copy of the notice to the owner and/or occupant at their last known address(es).
D. 
If the owner/occupant fails to either abate the nuisance or request a hearing within the ten (10) day compliance period, the City shall have the authority to enter upon the property where the nuisance is located and remove it from the premises. A timely request for a hearing, however, shall stay the compliance period until such time as a final determination has been made pending the review process provided herein, plus any additional time which may be allotted by the City to abate the nuisance after such determination.
[Ord. No. 120 §4, 10-21-1996]
A. 
Any request for a hearing by the owner and/or occupant must be in writing and filed with the City Clerk. The hearing shall be held within five (5) business days of the request before a hearing officer designated by the City. Formal rules of evidence shall not apply; however, the parties shall have the right to counsel and to present evidence, confront and cross-examine witnesses, and receive a written decision based upon the facts adduced at the hearing.
B. 
If the hearing officer determines that the fence is a nuisance as provided herein, the owner and/or occupant shall abate said nuisance by removing the fence from the roadway right-of-way within ten (10) days. Any person aggrieved by the determination of the hearing officer may seek judicial review, within five (5) business days of the date of the determination, by:
1. 
Filing a written notice of appeal with the hearing officer, and
2. 
Filing a petition for review pursuant to Chapter 356, RSMo., in the Circuit Court of St. Louis County.
[Ord. No. 120 §5, 10-21-1996]
If after an owner and/or occupant fails either to abate the nuisance or to pursue appropriate administrative or judicial review within the time allowed as provided herein, the City may immediately thereafter enter upon the property to remove and dispose of such nuisance. Any costs incurred by the City in so doing may be taxed against the owner or owners and the property as a special tax bill and a lien placed upon the property. It shall be unlawful for any person to interfere with, hinder or refuse to allow the City to enter upon private property for the purpose of removing the nuisance as provided herein.
[Ord. No. 120 §6, 10-21-1996]
In addition to the remedial provisions set forth in this Article and in order to protect, promote and preserve the public health and safety, no person shall cause, permit or maintain the existence of a nuisance fence, or shall fail or refuse to abate or remove a nuisance fence within the time required by this Article. Each day that a nuisance fence shall be maintained constitutes a separate offense. Any person found guilty of violating this Article shall be punished as provided in Sections 100.140 — 100.150 of this Code. As a condition to any probation granted the Municipal Judge may order such person to reimburse the City for its costs incurred in removing and disposing of the offensive property.