[1]
State law references—City’s authority to cause
removal and issue tax bill, RSMo. § 71.285; destruction of weeds,
RSMo. § 263.190 et seq.
[Ord. No. 2585, 8-20-2020]
For the purpose of this article, the following terms, phrases,
words, and their derivations shall have the meanings given herein.
Where terms are not defined by this section, such terms shall have
ordinarily accepted meanings such as the context implies. The definitions
follow in alphabetical order:
A vegetation species that grows aggressively in the State
of Missouri, as listed by the Missouri Department of Conservation.
As used in this article, shall include any lot or parcel
of land within the city limits of Bellefontaine Neighbors.
A vegetation species that existed prior to the arrival of
settlers within the State of Missouri, as listed by the Missouri Department
of Conservation.
A vegetation species that is listed as a Missouri State Noxious
Weed by the United States Department of Agriculture.
A toxic species known to cause death or severe allergic reactions
among a segment of the human population such as Poison Hemlock, Poison
Ivy, and Ragweed.
Rainfall runoff, snow melt runoff and surface runoff and
drainage.
A structure and constructed feature designed for the collection,
conveyance, storage, treatment and disposal of stormwater runoff into
and through the stormwater system. Stormwater management facilities
included vegetative or structural measures, or both, to control the
increased volume, rate, and quality of stormwater runoff caused by
manmade changes to land.
A type of vegetation ground cover, managed by weed removal
and mowing to maintain a uniform height.
Broadleaf, weeds, annual and perennial grasses that invade
or disrupt the uniformity of turf grass lawns.
All grasses, annual plants and vegetation in excess of ten
(10) inches in height and noxious weeds, nuisance plants and invasive
species; provided, however, this term shall not include trees, managed
stands of native plants, ornamental grasses, or shrubs, and cultivated
agricultural crops (provided they are properly zoned in compliance
with the Bellefontaine Neighbors Zoning Code), vegetable gardens or
flower gardens exceeding ten (10) inches in height provided they are
maintained free of turf weeds and grasses, nuisance plants, invasive
plants and noxious weeds, are kept at least four (4) feet from a property
line, and do not impair sight distance, or constitute a hurt, injury,
inconvenience or danger to the health safety or welfare of the public
or residents and occupants of the immediate vicinity.
[Ord. No. 2585, 8-20-2020]
(a)
Any
person who owns, leases, occupies, or exercises authority or control
over any lot shall cut to the side and rear lot lines and to the curb
or pavement line of the immediate adjacent road(s) and remove from
such lot all weeds as defined in this article.
(b)
Failure to mow or cut turf grass or turf weeds, to maintain a maximum height of not more than ten (10) inches for grasses, annual plants or vegetation, or failure to control or remove those nuisance plants, invasive plants and noxious weeds listed in Appendix A to this article, set out in section 13-49 below, shall constitute a public nuisance because they serve as harbors for rats and other vermin that are an inconvenience or danger to the health, safety and welfare of the public or residents and occupants of the immediate vicinity.
(c)
Any
private stormwater management facility located on any property shall
be declared a public nuisance if it has conditions impairing its proper
operation, including, but not limited to, excessive build-up of sediment,
extensive ponding of water, rubbish or trash, noxious weeds or invasive
plants or nuisance plants, or any material which is unhealthy or impacts
the proper operation of the private stormwater management facility;
provided, however, that native plants, turf grass, ornamental grasses,
or shrubs, including plants that are part of a designed private stormwater
facility maintained so as to meet the Metropolitan Sewer District
compliance document do not constitute a public nuisance.
[Ord. No. 2585, 8-20-2020]
The mayor or his/her designee or his duly authorized representative
shall inspect all properties within the City of Bellefontaine Neighbors
as often as necessary to insure proper observance of this article.
Upon finding that any property has upon it any weeds in excess of
ten (10) inches in height or any noxious weeds or invasive plants,
written notice shall be given the owner, lessee, occupant or other
person having control or exercising authority over the property to
remove the weeds, noxious weeds or invasive plants within ten (10)
days from the date of mailing and/or posting the lot at issue with
notice. The notice shall be deposited in the United States Mail directed
to the last known address of the addressee, by first class mail. In
addition the notice shall be posted by means of a placard upon the
lot giving notice of the requirement to cut and remove the weeds within
ten (10) days of the date contained on the placard. In the event of
non-delivery of mailed notice, the posted placard shall serve as notice.
[Ord. No. 2585, 8-20-2020]
After the expiration of ten (10) days after the date of the
notice of violation, if the weeds, noxious weeds or invasive plants
are not removed from the property, the mayor or his/her designee shall
have the weeds removed therefrom, keeping an accurate record of the
expense of all labor and material used in such removal as to each
property. The mayor or his/her designee shall report such expense
to the board of alderpersons, certifying to the correctness thereof,
showing the lot by lot and block numbers or other legal description,
and the date or dates on which the cutting and removal occurred, and
the name and address of the owner, lessee, occupant or other person
exercising control of the lot. Upon receipt by the board of alderpersons
of that report, the board of alderpersons shall assess against each
lot concerned a special assessment or tax equivalent to the expense
incurred in removing the weeds therefrom, including administrative
costs in the amount of one hundred dollars ($100.00), and shall direct
the city clerk to issue a special tax bill against the real property
affected; such a tax bill shall be a lien upon the property and shall
be deemed a personal debt against the property owner(s). A tax bill
or assessment under this subsection shall bear interest at the rate
of eight percent (8%) per annum until paid in full.
[Ord. No. 2585, 8-20-2020]
Any person who maintains a nuisance, or fails to comply with a lawful order of abatement, or who interferes with any person duly engaged in inspection of premises or abatement of a nuisance, or posting of notice, or who in any other way violates any of the provisions of this article shall, upon conviction thereof, be subject to a fine as set forth in section 1-10 of this Code, as determined by the municipal judge.
