[Ord. No. 1565, 10-5-2020]
As used in this Article, the following terms mean:
A fifteen-foot strip contiguous to any adjoining property
owner (private or public). This strip shall be maintained by the owner
or designee of owner. The grasses of the agricultural buffer strip
area shall be maintained at a height of no more than eight (8) inches
and may be maintained by shredding or mowing to maintain a uniform
height.
Food crops (row crops) or forage for livestock (i.e., hay
or alfalfa) cultivated on a lot greater than one (1) acre in size
located within the Concordia City limits.
A single piece of land gardened collectively by a group of
people that utilize either individual or shared plots on private or
public land while producing fruits, vegetables, and/or plants that
are grown for aesthetic purposes, including, but not limited to, native
and ornamental plants.
A method to minimize the growth and spread of a plant to
eventually achieve eradication.
A vegetation species that grows aggressively in the State
of Missouri and is designated as invasive by the Missouri Department
of Conservation.
An alteration of surrounding grounds using ornamental and/or
native vegetation, including, but not limited to, trees, shrubs, wildflowers
and grasses.
A planned and designed yard or landscape that controls, directs
and maintains the growth of vegetation, including, but not limited
to, ornamental flower gardens and native landscapes.
A managed landscape that is designed to mimic the natural
habitat types of Missouri by exclusively using native plants, including,
but not limited to, trees, shrubs, wildflowers and grasses which are
indigenous to the geographic area of the garden.
A vegetation species that is indigenous to a particular region,
ecosystem, or habitat in Missouri as listed by the Missouri Department
of Conservation, including, but not limited to, certain wildflowers,
shrubs, grasses and trees that are indigenous to the topographic area.
A vegetation species that is listed as a Missouri State noxious
weed by the Missouri Department of Agriculture.
A vegetation species known to cause death or severe allergic
reactions among certain individuals, including, but not limited to,
poison hemlock (Conium maculatum), poison ivy (Toxic dendron radicans)
and ragweed (Ambrosia spp.).
Non-native vegetation planted for aesthetic reasons.
A type of ground cover comprised mainly of grasses, including,
but not limited to, bluegrass, fescue and ryegrass blends. Turf grass
must be maintained at a height of no more than eight (8) inches and
managed by mowing and trimming to maintain a uniform height.
Broadleaf weeds and other annual and perennial grasses that
invade or disrupt the uniformity of turf grass lawns.
Food crops cultivated on a lot less than one (1) acre in
size located within the Concordia City limits.
Food crops cultivated on residential or commercial property
and/or which is located in a neighborhood setting.
A combination of dense vegetation, human infrastructure and
refuse in an area that causes or could cause an overpopulation of
rats or mice.
[Ord. No. 1565, 10-5-2020]
A.
The following requirements related to landscape management
on residential and/or commercial properties apply to lawns, yards,
gardens, community gardens, urban agricultural crops, agricultural
crops, vegetable gardens, native and ornamental landscapes and shall
be met to prevent a property from becoming a public nuisance:
1.
All turf grass and turf weeds must be mowed
and trimmed to prevent these plants from attaining a height of more
than eight (8) inches.
2.
All agricultural buffer strips shall be mowed
or shredded to prevent plants from attaining a height of more than
eight (8) inches.
3.
All properties must be maintained to prevent
or mitigate against vermin harborage.
4.
All properties must be maintained to control
nuisance plants or noxious weeds.
5.
All properties must be maintained to prevent
the growth of vegetation that causes a safety hazard by obstructing
the line of sight of a motor vehicle driver, bicyclist or pedestrian
at a street intersection.
6.
All properties must be maintained to prevent
the growth of vegetation which could interfere with the passage of
a motor vehicle, bicycle or pedestrian on any public right-of-way.
7.
All properties must be maintained to prevent
or mitigate the growth of vegetation from exceeding property boundaries.
B.
Exceptions:
1.
Managed native landscapes which may or may not have gone to seed or developed to maturity are permitted provided that the native landscape meets all requirements in Section 215.155(A) of this Code, non-native invasive plants are controlled, and dead native vegetation is removed annually by March 21st.
2.
All urban agricultural crops, agricultural crops, community gardens and vegetable gardens are permitted provided they meet all requirements in Section 215.155(A) of this Code and that all dead crops are removed after harvest. A fifteen-foot agricultural buffer strip shall be maintained between agricultural crops and contiguous neighboring properties.
3.
Ornamental plant landscapes are permitted provided they meet all requirements in Section 215.155(A) of this Code and that all dead ornamental plants are removed annually by November 1st.
[Ord. No. 1565, 10-5-2020]
It shall be unlawful for any person to cause, permit, maintain
or allow the creation or maintenance of any growth of vegetation in
violation of this Article.
[Ord. No. 1565, 10-5-2020]
[Ord. No. 1565, 10-5-2020]
Each day that a violation of this Article continues shall be
deemed a separate offense.
[Ord. No. 1565, 10-5-2020]
A.
Initiation Of Abatement Procedure. When the Enforcement
Official has reason to believe that vegetation has been allowed to
grow on any property in violation of this Article, the Enforcement
Official shall communicate the need for a hearing to the City Administrator,
who, will work with the Mayor to request a special meeting of the
Board of Aldermen to determine whether a violation exists.
B.
Notice Of Hearing. The owner of the property on which
the violation of this Article is believed to exist shall be given
notice of the hearing at least four (4) days before the hearing. The
notice shall describe the location and nature of the alleged violation
and state the time and place of the hearing. When there is more than
one (1) owner of the property, notice need be given to only one (1)
of the owners.
C.
Service Of Notice. The notice shall be served by at
least one (1) of the following methods:
1.
Personal service on the owner or the owner's
agent;
2.
Service by mail addressed to the last known
address of the owner or the owner's agent;
3.
Posting the notice on the property where the
violation is alleged to exist. Notice shall be considered given on
the date the notice is personally served, mailed or posted.
D.
Hearing And Order. The Board of Aldermen shall conduct
an informal hearing at the time and place designated in the notice
of hearing. If the Board of Aldermen, by majority vote, determines,
after reviewing all evidence presented at the hearing, that vegetation
has been allowed to grow on the subject property in violation of this
Article, the Board of Aldermen may declare there to be a nuisance
and order the public nuisance to be abated within five (5) business
days.
E.
Abatement By City. If vegetation is not cut down and
removed as ordered by the Hearing Officer, the Enforcement Officer
may have the vegetation cut down and removed by City employees or
by persons under contract with the City. No person shall enter private
property containing an occupied single-family residential structure
to abate a public nuisance unless an owner or occupant of the property
has consented to the entry or unless the Municipal Judge has issued
a warrant for the entry.
F.
Collection Of Abatement Costs. The Chief of Police
shall certify the cost of abatement to the City Clerk. The cost shall
include administrative costs as well as the actual cost of cutting
and removing the vegetation. The City Clerk shall cause a special
tax bill against the property to be prepared in the amount of the
abatement cost. The tax bill from the date of its issuance shall be
a lien on the property until paid and shall be prima facie evidence
of the recitals therein and of its validity. No clerical error or
informality in the tax bill or in the proceedings leading up to the
issuance of the tax bill shall be a defense in an action to collect
the tax bill. Tax bills issued under this Section, if not paid when
due, shall bear interest at the rate of eight percent (8%) per annum.
The cost of abatement shall also constitute a personal obligation
of the property owner.
