Ordinance No.11712

 

AN ORDINANCE REPEALING CERTAIN SECTIONS OF CHAPTER 11, AND ADOPTING CERTAIN ENFORCEMENT PROVISIONS RELATING TO THE PROPERTY MAINTENANCE CODE AND NUISANCES.

 

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KIRKSVILLE, MISSOURI, AS FOLLOWS:

 

Section 1:              Sections 11-31, 11-32 and 11-33 are hereby repealed.

 

Section 2:            Section 17-3 is hereby adopted to read as follows:

 

17-3            Enforcement of certain conditions as Nuisance

 

            (a)             Unlawful to let weeds, grasses and vegetation stand without cutting.

 

            The owner, owners, lessee, occupant, or any agent, representative or employee of such owner having control of any occupied or unoccupied lot or parcel of land within the City shall keep weeds, noxious weeds, “indigenous (native) grasses” (not including ornamental grasses), grasses and obnoxious growths of vegetation mowed, cut down, removed and under control as provided herein or in accordance with section 302 of the Property Maintenance Code and whenever such weeds, noxious weeds, grass or obnoxious growths of vegetation shall extend more than eight inches (8”) above the ground on any part of the property, [or eighteen inches (18”) in the case of indigenous (native) grasses], the growth shall be presumed to be in violation of this section.  The portions of the property which must be maintained in accordance with this article, shall include all portions of the property, including those portions in front of any structures, at the side of any structures, and at the rear of the property, to the property line, along any alley way and along any curbside; excepting only those portions of any property subject to an active agriculture use, within a natural wooded area, prairie land management area (requires a permit), or twenty feet (20’) from a stream bank.

 

            (b)             Unlawful to allow accumulation of trash, rubbish or garbage.

 

            The owner, owners, lessee, occupant, or any agent, representative or employee of such owner having control of any occupied or unoccupied lot or parcel of land within the City shall not allow an accumulation of trash, garbage or rubbish in violation of section 307 of the Property Maintenance Code that is or may become putrid, offensive or detrimental to human health.  For purposes of this section, trash shall be defined to include garbage and rubbish, as defined in the Property Maintenance Code.

 

            (c)            Declaration of Violation as Nuisance.

 

            It is hereby declared to be an ordinance violation as a nuisance for any owner of real property, lessee, occupant, or any agent, representative or employee of such owner having control of any occupied or unoccupied lot or parcel of land within the City to permit weeds, noxious weeds, indigenous (native) grasses (not including ornamental grasses), grass or obnoxious growths of vegetation to grow without control or fail to mow or otherwise cut down, mow or regularly control such growth in violation of subsection (a) of this section, or permit the accumulation of trash as prohibited in subsection (b) of this section.  Violations of this subsection may be prosecuted in Municipal court.  Any person who violates this section shall, upon conviction, be punished as provided in section 1-7 of this Code.  If weeds are allowed to grow, or if trash is allowed to accumulate, on the same property in violation of this section 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 code officer may, without further notification proceed to prosecution, notwithstanding any notice requirement contained in the Property Maintenance Code.

 

            (d)            Abatement of Nuisance, Hearing and Special Tax Bill.

 

In the alternative to a prosecution in Municipal Court, the City may seek abatement of the nuisance and imposition of a tax bill.  Notwithstanding any provisions for Notice as contained in the Property Maintenance Code, this section shall control in those instances where the City elects to proceed with abatement and imposition of a special tax bill.  The Head of the Codes Department of the City is designated as the city official for this purpose under section 71.285 of the Missouri Revised Statutes.  Said city official may notify the owner or owners of said property, or his or their agents, either personally or by United States Mail or by posting such notice on the premises, that the City will conduct a hearing after ten (10) days at which time the City may declare the weeds or trash to be a nuisance and order the same to be abated within five (5) days; and in case the weeds or trash are not removed within said five (5) days, the City may seek any remedy provided by law or may have the weeds removed, and shall certify the costs of same to the finance department, who shall cause a special tax bill therefore against the property to be prepared and to be collected by the collector, with other taxes assessed against the property; and a 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 of the same, or in proceedings leading up to the issuance, shall be a defense thereto.  Such special tax bill, if not paid when due, shall bear interest as provided by law.

 

If weeds are allowed to grow, or if trash is allowed to accumulate, on the same property in violation of this section 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 code officer may, without further notification, have the weeds or trash removed and the cost of the same shall be billed in the manner described herein.  The provisions of this paragraph 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.

 

            (e) Definitions.

 

            Active agriculture use shall be defined as those portions of any property which the owner or occupant has used primarily for agriculture.  The Adair County Assessor’s determination as to land classification shall be prima facie evidence of the current land use.  Agriculture land use includes the tilling of the soil, the raising of crops, horticulture, apiculture, livestock farming, the raising of small animals and poultry, dairying and/or animal husbandry.

 

Active agricultural uses of property shall be allowed, so long as the use otherwise complies with any applicable zoning provisions.  However, a minimum cleared space or buffer of no less than six feet (6’) from the property line and no greater than eight inches (8”) in height shall be maintained along all property lines, excepting those property lines where the adjoining property is an active agricultural use property.

 

Harvested hay shall be removed from the field and properly stored on the property by means of placing in roaw, stacking, storing within a structure or removed from the property within thirty (30) days of being baled.

 

            Natural wooded area means an area where the land, trees, and vegetation are in and continue to remain in their natural state.

 

            Noxious weeds includes Bindweed (Convolvulus arvensis), Johnson grass (Sorghum halepense), multiflora rose (Rosa multiflora) except when cultivated for or used as understood for cultivated roses, Canada thistle (Cirsium arvense), musk thistle (Carduus nutans L.), Scotch thistle (Onoprodum acanthium L.), purple loosestrife (Lythrum salicaria), and any other weed designated as a noxious by Missouri Statute or Regulation.

 

            Obnoxious growth of vegetation shall mean large growths which either may or do constitute a menace to health, public safety or welfare or when dry, a fire menace to adjacent improved properties.

 

            Owner shall mean the record owner of the property. In the case of joint tenancy, tenancy by entireties or tenancy in common, each owner thereof, shall be liable under this chapter

 

            Prairie land management area  means an area approved by the City for the purpose of restoring the site to a native appearance, included are native, savanna, prairie, and wetland sites.  The owner must apply for a permit prior to the development of such area.  Control of obnoxious and noxious weeds, plants and vegetation shall be required as a condition of any such permit.

 

            Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs, provided; however, this term shall not include cultivated flowers and gardens.

 

Section 3:            This ordinance shall be in full force and effect the _____ day of _________, 2005.

 

PASSED BY THE CITY COUNCIL THIS _______ DAY OF _____________, 2005.

 

___________________________

Debbie Masten, Mayor

 

 

ATTEST:

 

_____________________________

Vickie Brumbaugh, City Clerk