City of Duquesne, MO Weeds, High Grass Or Other Vegetation

[R.O. 2004 § 215.220; Ord. No. 74 § 1, 10-9-2006]

Declaration Of Nuisance.

All persons owning or occupying any lot or tract of land in the City shall keep weeds and high grass growing on such property, including the right-of-way area between the property line of such property and any adjacent street, roadway or alley, cut and removed. Whenever such weeds or high grass shall attain the height of twelve (12) inches, it shall be deemed a public nuisance and creating or maintaining same shall be an ordinance violation. All vegetation harmful or irritating to the human touch, including poison ivy, poison oak and poison sumac, shall also be deemed a public nuisance and creating or maintaining same shall be an ordinance violation. Each day on which such violation continues shall constitute a separate offense.

Provided, however, that on any undeveloped parcel of ground consisting of one (1) acre or more, any growth of weeds or high grass in excess of twelve (12) inches shall be deemed a nuisance only on the fifteen-foot-wide strip or strips of such parcel which border upon any public roadway or which border any parcel of ground which has a residence located on such parcel. Provided, further, that on any such parcel of undeveloped ground which has an established fence bordering such public roadway, any growth of weeds or high grass in excess of twelve (12) inches shall be deemed a nuisance only between such established fence and such public roadway.

Unlawful To Maintain Such Nuisance. It shall be unlawful for any person to create or maintain a nuisance as defined in Subsection (A). In addition to the abatement procedures provided in Section 215.221 of this Code, any owner or occupant of the lot or tract of land who creates or maintains such nuisance shall be deemed guilty of an ordinance violation. Any person convicted in Municipal Court of such ordinance violation shall be subject to the penalties provided in Section 100.220 of this Code. Each day on which such violation continues shall constitute a separate offense.

Liability. Whenever weeds or high grass in violation of this Section 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, and the occupant thereof, shall be responsible and subject to prosecution.

Notice Not Required. If the owner or occupant of property fails to comply with this Section, the City shall not be required to give any prior notice to the owner or occupant of such violation before initiating prosecution for such violation.

[R.O. 2004 § 215.221; Ord. No. 74 § 1, 10-9-2006; Ord. No. 243 § 1, 9-8-2014]

Abatement By City Pursuant To Section 71.285, RSMo. — Notice. In addition to prosecution of violations of Section 215.220 in Municipal Court as provided in Section 215.220 of this Code, the Chief of Police or other designated City official may initiate abatement procedures by giving a hearing after four (4) days' 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 or high grass to be a nuisance and order the same to be abated within five (5) days. In case the weeds or high grass are not cut down and removed within the five (5) days following the declaration that the weeds or high grass is a nuisance, the Chief of Police or other designated City official shall have the weeds or high grass cut down and removed and shall certify the costs of same to the City Clerk.

Abatement by City pursuant to Section 67.398, RSMo. — Notice. In addition to prosecution of violations of Section 215.220 in Municipal Court as provided in Section 215.220 of this Code, the Chief of Police or other designated City official may initiate abatement procedures by giving not less than ten (10) days' notice 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, to abate the nuisance within ten (10) days. Such notice is not a prerequisite to prosecution of violations in Municipal Court pursuant to Section 215.220 of this Code. In case the weeds or high grass are not cut down and removed within the ten (10) days following the notice to abate, the Chief of Police or other designated City official shall have the weeds or high grass cut down and removed and shall certify the costs of same to the City Clerk.

[Ord. No. 434, 6-17-2020]

Tax Bill. The City Clerk shall cause a special tax bill therefor 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 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 issued pursuant to Section 71.285, RSMo., shall be issued by the City Clerk and delivered to the Collector on or before the first day of June of each year, and such tax bills if not paid when due shall bear interest at the rate of eight percent (8%) per annum. Each special tax bill issued pursuant to Section 67.398, RSMo., shall be issued by the City Clerk and delivered to the Collector for collection pursuant to Section 67.398, RSMo.