Editor's Note — Ord. no. 355, adopted October 13, 2005, repealed sections 220.120 "weeds, high grass or other vegetation" and 220.130 "penalty" and enacted similar provisions set out herein. Former sections 220.120 — 220.130 derived from CC 1979 §65.040.
[Ord. No. 355, 10-13-2005]
The accumulation of trash or the growth of weeds, brush or other non-arboreal vegetation including, but not limited to, Russian, Canadian or common thistle, wild lettuce, wild mustard, wild parsley, ragweed, milkweed, ironweed, poisonous plants or shrubs or grass in excess of seven (7) inches in height on any lot or tract of land within the City is declared to be a public nuisance and is prohibited as detrimental to the health, safety and welfare of the public.
Shade trees, ornamental shrubs, fruit trees, domesticated berry bushes and vines, cover crops, hay, row crops and domestic grains and plantings on tracts of land which have been in continuous use for agricultural purposes and undeveloped property shall be exempt from the provisions of this Section. "Undeveloped property" is defined as land which has not been developed for residential, commercial or industrial purposes and which retains a general woodland or agricultural character. Unoccupied lots within a platted subdivision are specifically considered to be developed property and are not exempt under this Subsection.
[Ord. No. 355, 10-13-2005]
Whenever trash is allowed to accumulate or weeds, brush or grass in excess of seven (7) inches in height is allowed to grow on any part of any lot or tract of land within the City, the City Superintendent or other City Official designated by the Mayor shall give a hearing after seven (7) days' notice thereof and the City Superintendent or other City Official designated by the Mayor may declare the trash or weeds to be a nuisance and order the same to be cut or removed within five (5) days.
[Ord. No. 533, 9-11-2017]
Notice of the hearing shall be given to the owner or owners, or the owner's agent, by delivering the notice personally, or by posting such notice on the premises, or by United States mail.
If the weeds or trash are not removed with the five (5) days, the City Superintendent or other City Official designated by the Mayor shall have the weeds or trash removed and shall certify the costs of removal to the City Clerk who shall cause a special tax bill therefore against the property to be prepared and to be collected by the Collector. Such tax bills, if not paid when due, shall bear interest at the rate of eight percent (8%) per annum.
If the City is required to abate the accumulation of trash or growth of weeds, the following costs shall be assessed:
[Ord. No. 506, 9-2-2016]
Administrative fee — $50.00.
For each City employee — $20.00 per hour.
For each City truck — $25.00 per hour.
For each City trailer — $15.00 per hour.
For each City mower — $30.00 per hour.
For each City weed eater or trimmer — $10.00 per hour.
For each City brush hog — $50.00 per hour.
The owner of the lot or tract of land, or in case of joint tenancy, tenancy by the entireties or tenancy in common, each owner thereof shall be liable for the cost to abate the accumulation of trash or growth of weeds.
[Ord. No. 355, 10-13-2005]
It shall be unlawful for any person who is an owner, lessee or agent in control of any lot or tract of land, except owners, lessees or agent in control of tracts of land which have been in continuous use for agricultural purposes or of undeveloped property as defined in Section 220.120, to allow the accumulation of trash or the growth of weeds, brush or other non-arboreal vegetation or grass in a height greater than seven (7) inches on any lot or tract of land within the City.
It shall be unlawful for any person to resist or obstruct the City Superintendent or an authorized City employee of the City abating the accumulation of trash or the growth of weeds, brush or grass in a height greater than seven (7) inches on any lot or tract of land within the City.
[Ord. No. 386, 5-14-2007]
It shall be unlawful for the owner or occupant of any residential premises within the City to allow any of the following items to remain on such premises in any location outside the residence which can be viewed from a ground location off the premises:
Appliances, bedding, bottles, boxes, broken glass, cans, cardboard (bundled or unbundled), cartons, furniture manufactured for indoor use only, jars, machine parts, motor vehicle parts, newspapers, magazines, periodicals, catalogs, books, pallets, paper (bundled or unbundled), plumbing fixtures, rags, non-attached carpets, scrap metal, tire rims, tires or lumber and building supply materials that are not neatly stacked, provided however, that neatly stacked lumber and building supply materials may be stored outside pursuant to an active building permit and the owner or contractor is actively working on the improvements, barring any delays beyond the control of the owner or contractor.
For the purposes of this Section, storage of items listed in Subsection (A) on an open porch or in a carport, garage or other structure that is not completely enclosed, is considered the same as outside of the residence. Items stored in an enclosed porch, garage or other totally enclosed structure shall be considered as stored within a residence.
The following definitions apply to this Section:
- Any person eighteen (18) years of age or older who lives in a residence.
- A structure designed for human habitation.
- RESIDENTIAL PREMISES
- A tract or parcel of land upon which a structure designed for human habitation is located, regardless of the current use of the structure.
The maintaining, using, placing, depositing, leaving or permitting to be or remain on any residential premises of any of the items as prohibited above in Subsection (A) is hereby declared to be and constitute a nuisance. In addition to remedies provided for in Article I Sections 220.010 of the Municipal Code of the City of Stockton, Missouri, violations of this Section shall be a misdemeanor offense punishable under the general penalty provisions of Section 100.220. Each day of violation shall constitute a separate offense.
[Ord. No. 408, 10-26-2009]
Definitions. For purposes of this Section, the following words and phrases shall have the following meanings:
- COMMERCIAL PREMISES
- Any establishment or place of conducting a business, trade, profession or occupation.
- ITEMS TAKEN IN TRADE
- Used items, excluding farm equipment and motor vehicles, acquired, received or accepted by the resident or owner in the normal course of business regardless of whether the items are intended for resale, salvage or disposal.
- RECYCLABLE MATERIALS
- Products, including paper, cardboard, metal, glass or other substances, capable of being reprocessed into consumer materials and which have been discarded or placed for collection by their owner and not within a container supplied by a commercial disposal or recycling company, whether or not such products have monetary value.
- RESIDENT or OWNER
- Every person, including lessees, tenants or occupants, in possession, charge, custody or control of any premises where waste is created or accumulated.
- SOLID WASTE
- All solid material that is considered to be useless, unwanted or discarded by the
- person then in possession thereof, including bulky items of solid waste that, due to their large size, are not or cannot be handled by a commercial solid waste collection service.
- TRADE WASTE
- Used material or by-products of a manufacturing process or trade in which the resident or owner is then engaged.
- WHITE WASTE
- Household appliances including, but not limited to, refrigerators, ranges, washers, dryers, etc.
- Includes items taken in trade, recyclable materials, solid waste, trade waste, white waste or any other items of solid material accumulated on commercial premises for the purpose of resale, salvage or disposal.
Violation. It shall be unlawful for the resident or owner of any commercial premises located within the City, after notice of violation as herein provided, to allow any items taken in trade, recyclable materials, trade waste, white waste or other waste as herein defined to remain on such premises in any location which can be viewed along and from a publicly traveled street or alley adjoining the premises.
Exceptions. For the purposes of this Section, storage of items listed in Subsection (B) within a fully enclosed building or structure or concealed behind a solid screen or fence at least six (6) feet in height and constructed in compliance with the building codes of the City shall not be a violation of this Section. Containers provided by a commercial disposal or recycling company need not be kept concealed behind a solid screen or fence so long as items are normally stored within the confines of the commercial container and adequate arrangements are in place for timely pickup of container material. Biodegradable agricultural by-products that are not normally capable of being reprocessed into consumer materials shall not be considered as a type of waste.
Notice Of Violation. The City Superintendent or other City Official designated by the Mayor shall give written notice of a violation of this Section by delivering a copy to the resident or owner of the property. The notice shall give the resident or owner ten (10) days in which to correct the violation. If no resident or owner can be located, a copy of the notice of violation shall be posted on the premises and a copy mailed to the last known address of the record owner of the property.
Nuisance. The maintaining, using, placing, depositing, leaving or permitting to be or remain on any commercial premises of any of the items as herein prohibited is hereby declared to be and constitute a nuisance under Chapter 220 of the Municipal Code.
Hearing Before The Board Of Aldermen. If the nuisance is not abated within ten (10) days of the giving of a notice of violation, the Board of Aldermen may order any person who has caused or is maintaining the nuisance to appear before the Board at such time and place as the Board may direct to show cause, if any, why that person should not be required to abate the nuisance. If the resident or owner fails to abate the nuisance as ordered by the Board, the City shall proceed to abate the nuisance as provided in Section 220.010 (D) of the Municipal Code.
Proper Disposal Of Waste Material Required. All waste material shall be disposed of in compliance with all applicable State and Federal rules and regulations. Burning of waste material within the City is deemed a hazard and strictly prohibited, except where allowed by the Chief of the Fire Department under such safeguards as he/she may specify.
Municipal Offense, Penalty. In addition to remedies provided to the City for abatement of a nuisance as provided in Section 220.010 of the Municipal Code, a violation of Subsections (B) or (G) of this Section 220.160 shall be a misdemeanor offense punishable upon conviction under the general penalty provisions of Section 100.220. Each day of violation shall constitute a separate offense.