[Ord. No. 112 §§2, 4, 9-25-1989; Ord. No. 404 §§A — E, 8-21-2000; Ord. No. 484 §1, 7-1-2002]
A. 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, except upon land zoned "A-1" or "A-2" Agricultural,
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 a height of nine (9) inches or more, it shall
be deemed a public nuisance. This provision includes property owned
privately but subject to public easement, including dedicated street
and utility right-of-way or easement.
B. Hazardous Vegetation A Nuisance. Any vegetation on private
property at any location whatsoever, when such vegetation by direct
contact or by proximity thereto can cause irritation or lesion to
the skin of any person.
C. Bare Ground, Dirt Piles A Nuisance. Any area that is not
covered by lawn or vegetation and not treated to prevent dust or the
blowing and scattering of dust particles in the air.
D. Altered Surface Of The Ground A Nuisance. Any altered surface
of the ground which would be liable to deposit mud or harmful silt
or other putrescible or non-putrescible solid waste.
[Ord. No. 484 §1, 7-1-2002]
A. Trees,
shrubbery, bushes or vegetation on private property including easements
shall be trimmed as specified in the following Subsections to prevent
obstruction of the view and movements of vehicles and pedestrians.
As used herein, the term "private property" includes
property owned privately but subject to a public easement, including
dedicated street right-of-way and utility easements.
1. A vertical clearance of at least seven (7) feet above any paved sidewalk,
walkway, public right-of-way used by the public as indicated by a
worn path or a walkway on a public easement.
2. A vertical clearance of at least ten (10) feet beyond the edge of
the street and fourteen (14) feet above the centerline of any traffic
lane.
3. A clear line of sight for at least seventy-five (75) feet on the
approach side for all street traffic signals, stop signs or other
traffic control postings.
4. A visually clear triangular space at street intersections as determined
by a diagonal line connecting two (2) points measured twenty-five
(25) feet equidistant from the intersection of the rights-of-way of
intersecting streets.
[Ord. No. 484 §1, 7-1-2002]
It shall be unlawful for any person to create or maintain a nuisance as defined in Sections
215.120 and
215.130.
[Ord. No. 484 §1, 7-1-2002]
Whenever weeds, high grass or other vegetation in violation of Sections
215.120 and
215.130 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.
[Ord. No. 484 §1, 7-1-2002]
The Chief of Police shall give seventy-two (72) hours' 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 Chief of Police may declare the weeds, high
grass or other vegetation to be a nuisance and order the same to be
abated within seventy-two (72) hours.
[Ord. No. 484 §1, 7-1-2002]
A. In
case the weeds, high grass or other vegetation are not cut down and
removed within the five (5) days, the Chief of Police shall do one
(1) of the following:
1. Have the weeds, high grass or other vegetation cut down and removed
and shall certify the costs of same to the City Clerk. The City Clerk
shall cause a special tax bill therefore 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 each year. Such tax bill
if not paid when due shall bear interest at the rate of eight percent
(8%) per annum.
2. Have the weeds, high grass or other vegetation cut down and removed
and the Chief of Police shall issue a summons to the property owner
or owners to appear before the Municipal Court. The Municipal Court
shall determine whether the property owner or owners are in compliance
with this Section. As part of any disposition in Municipal Court,
the property owner or owners shall pay restitution to the City of
Foristell, Missouri. In addition, the property owner or owners can
be fined by the Municipal Court between one dollar ($1.00) and five
hundred dollars ($500.00).
3. Issue a summons to the property owner or owners to appear before
the Municipal Court. The Municipal Court shall determine whether the
property owner or owners are in compliance with this Section. Each
additional day that the weeds, high grass or other vegetation remain
on the property shall constitute a separate offense. The property
owner or owners can be fined between one dollar ($1.00) and five hundred
dollars ($500.00) for each such occurrence.