[Ord. No. 971, 5-19-2019]
A. 
Overgrown Grass, Weeds, Underbrush, And Accumulated Trash, Rubbish, And Debris Declared A Public Nuisance. It shall be unlawful, and is hereby declared to be a public nuisance, for any owner, lessee, occupant, or any agent, representative or employee of any such owner, lessee, or occupant having control of any lot, tract, or parcel of land of any property in the City (hereinafter, the "responsible persons"), except and only to the extent as allowed in the "AG" Agricultural and "M-1" or "M-2" Industrial Zoning Districts, to permit or maintain on any such lot, tract, or parcel of land, any growth of grass, weeds, or underbrush to a height greater than seven (7) inches, or any accumulation of trash, rubbish, and debris. The term "grass, weeds, and undergrowth" as used in this Section shall include all grasses, weeds, annual plants and vegetation, other than trees or shrubs; provided, however, that these terms shall not include cultivated flowers, gardens, and any genuine agricultural product or crop grown for agricultural purposes. The term "trash, rubbish, and debris" as used in this Section shall include dry waste materials, garbage, refuse, debris, tires, appliances, furniture, unlicensed or inoperable derelict vehicles including parts thereof, any flammable material which may endanger public safety, and rubbish.
B. 
Duty Of Owner, Lessee, Occupant, And Agent. It shall be the duty of the responsible persons having control of any lot, tract, or parcel of land of any property to cut and remove or cause to be cut or removed all such grass, weeds, and undergrowth as often as may be necessary to comply with the provisions of Section 215.050(A). Further, it shall be the duty of the responsible persons having control of any lot, tract, or parcel of land of any property to remove or cause to be removed all such trash, rubbish, and debris as often as may be necessary to comply with the provisions of Section 215.050(A).
C. 
Public Nuisance Declaration And Hearing Notice. Whenever the Code Official, or his or her designee, has reason to believe a violation of Section 215.050(A) is occurring upon any lot, tract, or parcel of land of any property in the City, the Code Official shall cause a written public nuisance declaration and hearing notice to be delivered, personally or by United States Mail, to the owner or owners at the address shown on the public records of the City of Wright City, and/or the responsible persons, if different from the owner(s), or the owner's agent(s) where the City has actual notice of such agency. Such notice may also be posted upon the property. Any such notice shall describe the specific act or condition upon the subject property being declared a public nuisance, shall demand abatement of the public nuisance act or condition, shall describe the actions necessary to remove, terminate, or abate the public nuisance, and shall give at least ten (10) days' prior notice of a hearing before the Hearing Officer of the City including the time and place for such hearing. All interested parties may appear at such hearing, may be represented by counsel, present evidence concerning the matter at issue, and cross-examine any witnesses of the City. If, upon such hearing, the Hearing Officer finds that a public nuisance exists in violation of Section 215.050(A), he/she shall issue an order directed to the responsible persons in care and control of such property to abate the same within at least five (5) days.
D. 
Abatement By City; Recoupment Of Associated Costs. Upon failure of the responsible persons to comply with the Hearing Officer's order within the time provided, which shall be at least five (5) days, the Code Official or his or her designee may cause the condition which constitutes a public nuisance to be abated by the City or contractors hired on behalf of the City for such purpose. If the City or contractors hired on behalf of the City for such purpose are required to abate the public nuisance, the Code Official or his or her designee shall certify the cost of such abatement to the City Clerk, who shall cause a special tax bill therefor against the property to be prepared and collected in the same manner as real estate taxes. 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 of informality in the same, or in the proceedings leading up to the issuance, shall be a defense thereto. Such tax bills, if not paid when due, shall bear interest at the rate of eight percent (8%) per annum.
E. 
Exceptions.
1. 
"AG" Agricultural Districts. On properties of three (3) acres or greater having "AG" Agricultural District zoning, the portion of Section 215.050 relating to grass, weeds, and undergrowth shall apply only to:
a. 
Any property within five (5) feet adjacent to any sidewalk; and
b. 
The portions of such property within the area of fifty (50) feet from any dwelling on the property, or within any fenced yard area surrounding such dwelling, whichever is less.
2. 
"M-1" and "M-2" Industrial Districts. Undeveloped and unused portions of property in the Industrial District zoning may be exempted in whole or in part from such portions of Section 215.050 relating to grass, weeds, and undergrowth by the Board of Aldermen upon written petition if the Board of Aldermen determines that the maintenance of grass, weeds, and undergrowth in excess of seven (7) inches on such portions of the property would not be a hazard to public safety, cause a harm to nearby property owners, or contribute to the decline of property values. The visibility from the rights-of-way and proximity to residences shall be a factor considered in reviewing an exemption request. This exemption shall not apply to any property within five (5) feet of any sidewalk or other public improvement and shall be personal to the property owner(s) receiving it and shall not run with the land.
3. 
Nuisance Abated Prior To Hearing. If the acts or conditions constituting the public nuisance described in the public nuisance declaration and hearing notice are abated by the responsible persons prior to the time for the scheduled hearing, the responsible persons shall notify the Code Official or his or her designee of such abatement. If, in the sole discretion of the Code Official or his or her designee, the abatement measures taken have fully abated the public nuisance declared in the notice prior to the time for the scheduled hearing, he or she may cancel such hearing.
F. 
Right To Appeal. Any person(s) alleged to be aggrieved by the decision and ensuing order of the Hearing Officer relating to public nuisances pertaining to overgrown grass, weeds, underbrush, and accumulated trash, rubbish, and debris enforced solely under this Section 215.050 may appeal the order to the Circuit Court of Warren County with thirty (30) days of the date of the order pursuant to Chapter 536, RSMo. Any person(s) wishing to file such an appeal shall file a notice of intent to appeal with the City Clerk, in any form acceptable to the City Clerk, prior to the time given in the order to abate the nuisance elapsing. No appeal to the Circuit Court shall stay the abatement by the City and/or any contractor hired on its behalf for such purpose and the issuance of a special tax bill hereunder, absent a court order staying such actions and the posting of an appropriate bond by the property owner(s) as required by the Circuit Court, in which case the City and/or any contractor hired on its behalf shall honor the stay issued by the Circuit Court pursuant to such an appeal upon receipt of actual notice of such stay from the Court.