[R.O. 2016 § 215.100; Ord. No.
486 § 1, 4-20-2016; Ord. No. 19-04, 2-27-2019; Ord. No. 23-04, 3-1-2023]
A. Tall Grass Or Accumulation Of Trash.
1. No person shall cause or permit the growth of any grass, weeds, or
rank vegetation to attain a height more than twelve (12) inches upon
any property located within the City. Any owner who shall cause or
permit any weeds or rank vegetation growth to attain a height more
than twelve (12) inches shall be deemed to have committed a public
nuisance.
2. No person shall cause or permit the trash to accumulate on any part
of any lot or ground within the City. Any owner who shall cause or
permit the accumulation of trash shall be deemed to have committed
a public nuisance.
B. Notwithstanding the prohibition in Subsection
(A)(1) above, grass and other non-noxious vegetation may exceed twelve (12) inches in height if the portion of the property with the growth more than twelve (12) inches is either:
1.
A "Woodland" as defined in Section 135.080, as determined by
the Code Official in consultation with the City's Community Forest
Manager; or
2.
A native plant landscape in conformance with a landscape plan
prepared by a landscape architect or designed in accordance with the
Grow Native! Approach to Garden Design with Prairie Natives (published
by the Missouri Prairie Foundation) as determined by the Code Official.
C. Remedies. In addition to the remedial provisions set forth in this Article and in order to protect, promote and preserve the public health and safety, it is hereby declared that any person owning any lot within the City and permitting or suffering a growth of grass, weeds or rank vegetation thereon in excess of twelve (12) inches from the soil, except as provided in Subsection
(B) above, or the accumulation of trash shall be deemed to be in violation of this Article and shall be punished upon conviction as provided in Section
100.220 of this Code.
D. Joint And Several Responsibility. Whenever weeds or trash, in violation of this Chapter
215, Chapter
500 (Article VII, Property Maintenance Code) or any other Code Section, are allowed to grow or accumulate on any part of any lot or ground within the City, the owner of the ground, and any tenant, lessee, or occupant thereof, shall be jointly responsible and liable. In case of joint tenancy, tenancy by entireties or tenancy in common, each owner thereof shall be jointly and severally liable. In the case of lots where the occupant differs from the owner, each shall be jointly and severally liable.
E. Hearing; Notice; Order Of Abatement.
1. For any violation of this Section, the Hearing Officer shall conduct
a hearing upon four (4) days' written notice. Notice shall be made
in one (1) of the following ways:
a. By personal delivery to the owner or owners, or the owner's agents;
b.
By United States Mail, First Class, to the owner or owners,
or the owner's agents; or
c.
By posting the notice at the property line with the date of
hearing and the owner listed on the sign.
2.
After holding the hearing and receiving evidence, the Hearing
Officer may declare the weeds or trash to be a nuisance and order
the same to be abated within five (5) business days after the date
of the hearing. If the weeds or trash are not removed within the five
(5) business days after the hearing, the City may have the weeds or
trash removed, and shall certify the costs of same to the City Clerk.
F. Special Tax Bill. Upon receiving the City's certified cost of abatement,
the City Clerk shall cause a special tax bill against the property
to be prepared and to be collected with other taxes assessed against
the property. The special 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
shall be issued by the City Clerk and delivered to the Collector for
St. Louis County on or before the first day of June of each year.
Such tax bills if not paid when due shall bear interest at the rate
of eight percent (8%) per annum. Costs for collecting the tax bill,
including attorney fees, may be charged in the event a lawsuit is
required to enforce a tax bill.
G. Repeat Violation In Same Growing Season/Calendar Year. If weeds are allowed to grow, or if trash is allowed to accumulate, on the same property in violation of an ordinance more than once during the same growing season in the case of weeds, or more than once during a calendar year in the case of trash, the City may, without further notification, have the weeds or trash removed and the cost of the same billed in the manner described in Section
215.100(B) above. The provisions of this Subsection
(G) do not apply to lands owned by a public utility and lands, rights-of-way, and easements appurtenant or incidental to lands controlled by any railroad.
[R.O. 2016 § 215.120; Ord. No.
486 § 1, 4-20-2016; Ord. No. 23-04, 3-1-2023]
A. All dead, dying, hazardous, fallen, or decaying trees, or parts thereof
and all trees harboring insects or disease that is not promptly treated
or that is not remediable, and that are within the fall zone of any
property line, structure or utility, or which constitutes a danger
to the health, safety, or welfare of the general public are hereby
declared to be a public nuisance and shall be promptly taken down
and removed from the premises by the occupant, owner or owners of
any tract of land on which the same is situated. The stump shall also
be removed down to ground level.
B. Trees shall be cared for by property owners according to the standards set forth in Chapter
216. Failure of the property owner to do so constitutes a nuisance.
C. In addition to the remedial provisions set forth in Article
I of this Chapter
215, and to protect, promote, and preserve the public health and safety, it is hereby declared that any person failing to comply with the provisions of this Section shall be deemed to be in violation of this Article and shall be punished upon conviction as provided in Section
100.220 of this Code.