City of Stockton, MO Article III Trash, Weeds, High Grass or Other Vegetation [1]

[1] 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 no. 355, adopted October 13, 2005, repealed sections 220.120 "weeds, high grass or other vegetation" and 220.130 "penalty" and enacted similar provisions set out herein.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.

Section 220.120 Trash, Weeds, High Grass or Other Vegetation Declared a Public Nuisance.

[Ord. No. 355, 10-13-2005]

A. 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.

B. 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.

Section 220.130 Abatement — Notice, Hearing, Removal by City — Costs.

[Ord. No. 355, 10-13-2005; Ord. No. 506, 9-2-2016; Ord. No. 533, 9-11-2017; Ord. No. 587, 7-11-2022; Ord. No. 591, 9-26-2022]

A. Whenever trash [including: (i) scrap lumber, tin, or steel; (ii) parts of derelict cars, trucks, RVs, boats, trailers or fifth wheels; (iii) broken furniture or appliances; (iv) flammable materials; or (v) materials that are unhealthy or unsafe] 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 or individual designated by the Mayor observing such violation shall provide a notice and abatement requirement to the property owner via certified mail. If the notice via certified mail is returned, the City may move forward with abating the nuisance as provided for herein during the applicable timeframe after posting a copy of the notice in a local newspaper.

B. Such notice shall include:

1. The date such notice was given;

2. An explanation of the violation of City Code that occurred and the corrective action that should be taken;

3. The owner/tenant's right to request a hearing with the Board of Aldermen to appeal such notice within ten (10) days from the date of such notice; and

4. Notification that if the violation is not cured within ten (10) days from the date of such notice, then the City or the City's designee will declare the accumulation and/or growth to be a nuisance and take further action to abate such nuisance and charge the costs of abatement to the property owner as provided for herein.

C. The request for a hearing from the property owner must be made in writing and delivered to the City Clerk within the timeframe listed in the notice. Upon receipt of the request for hearing, the City Clerk shall schedule a hearing before the Board of Aldermen and provide notice of such hearing to the property owner at least five (5) days before such hearing is to take place. The decision of a majority of the Board of Aldermen at such hearing shall be final.

D. If the weeds or trash are not removed within such ten (10) days and the property owner has not requested a hearing, the City official, or individual designated by the Mayor, shall have the weeds or trash abated and certify the costs of removal to the City Clerk who shall send an invoice to the property owner charging all costs to the property owner as specified in Subsection (E) below. If the property owner does not pay such costs within thirty (30) days, the City Clerk shall cause a lien to be placed on the property. Such lien if not paid when due, shall bear interest at the lesser of eight percent (8%) per year or the highest rate allowable under Missouri law until paid in full.

E. If the City is required to abate the accumulation of trash or growth of weeds, the following costs shall be assessed, as applicable:

1. Administrative fee — $75.00.

2. For each City employee — $40.00 per hour.

3. For each City truck — $40.00 per hour.

4. For each City trailer — $40.00 per hour.

5. For each City mower — $50.00 per hour.

6. For each City weed eater or trimmer — $15.00 per hour.

7. For each City brush hog — $50.00 per hour.

8. Hauling/disposing of trash/debris — $200.00 per hour.

9. Mileage for out-of-town hauling/disposals in excess of twenty (20) miles — charged at current IRS mileage rate per mile.

There shall be a minimum charge of two hundred fifty dollars ($250.00) for all abatement that is completed by the City in under one (1) hour. All other abatement jobs lasting longer than one (1) hour shall be billed at the above rates based on the duration of the abatement job, billed to the nearest one-tenth (1/10) of an hour. If the City is required to remove personal property deemed as "trash" according to the City's written notice above, the City will scrap all such trash and any monetary value received from such scrapping will be credited towards the total amount owed to the City for providing the abatement. If the monetary value received by the City for scrapping the trash is greater than the amount owed to the City for abating the nuisance, after paying the balance owed to the City, the City will return the excess portion of the monetary value received to the property owner within thirty (30) days of the City's receipt of such excess portion.

F. If the City uses a third-party contractor to perform the abatement, then:

1. The actual costs billed to the City by such contractor;

2. An additional twenty percent (20%) of the total sum of the abatement cost will be added to account for administrative and processing costs associated with such abatement; and

3. If necessary, the full cost of any then applicable filing fees if the City places on a lien on the property for failure to pay such costs.

G. If this is more than the first violation of this Article III in any twelve-month period, an additional fine of fifty dollars ($50.00) will be assessed for each additional violation.

H. The owner of the lot or tract of land, or in case of joint tenancy, tenancy by the entities, or tenancy in common, each owner thereof shall be liable for the cost to abate the accumulation of trash and/or growth of weeds as listed in Subsection (E) above.

Section 220.140 Accumulation of Trash or Growth of Weeds, High Grass, Etc., Prohibited — Penalty.

[Ord. No. 355, 10-13-2005]

A. 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.

B. 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.

C. Penalty. Violation of Subsections (A) or (B) of this Section 220.140 shall, upon conviction thereof, be guilty of a misdemeanor subject to the penalties as provided in Section 100.220 of the City Code.

Section 220.150 Open Storage of Certain Items Prohibited on Residential Premises.

[Ord. No. 386, 5-14-2007]

A. 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.

B. 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.

C. The following definitions apply to this Section:

OCCUPANT

Any person eighteen (18) years of age or older who lives in a residence.

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.

D. 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.

Section 220.160 Open Storage of Waste or Certain Other Items on Commercial Premises Prohibited/Regulated.

[Ord. No. 408, 10-26-2009]

A. 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.

WASTE

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.

B. 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.

C. 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.

D. 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.

E. 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.

F. 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.

G. 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.

H. 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.