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HomeMy Public PortalAboutORD07950 AMENDED BILL NO. 52 1 INTRODUCED BY COUNCILMAN: Stone ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DECLARING TREES ON PRIVATE PROPERTY TO BE A NUISANCE UNDER CERTAIN CONDITIONS, REQUIRING THE OWNER OF THE PROPERTY ON WHICH THE TREE IS LOCATED TO ABATE THE NUISANCE, AND AUTHORIZING FOR THE ABATEMENT OF THE NUISANCE BY THE CITY AND THE ASSESSMENT OF THE COST THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Trees Overhanging Public Ways; Nuisance. Any tree in this city located on private property which overhangs or intrudes over or upon any public street, alley, boulevard, roadway or sidewalk to such an extent that it interferes with the safety of the traveling public is hereby deemed and declared to be a nuisance. Any such tree shall be deemed to so interfere if the branches thereof shall overhang or intrude within an area of nine (9) feet above the traveled surface of any sidewalk or twelve (12) feet above the traveled surface of any street. Section 2. Dead or Unsafe Trees: Nuisance. Any tree in this city located on private property which is either dead or in such an unsafe or dangerous condition that it constitutes a hazard to the safety of persons or vehicles traveling on any public street, alley, boulevard, roadway or side- walk in the city, or to any persons or structures living or situated on adjacent private property, is hereby deemed and declared to be a nuisance. . Section 3. Public Health Inspector Authorized to Enter Private Property to Examine Trees; Unlawful to Interfere with Examination. The Public Health Inspector, or his authorized agent, is hereby authorized to enter upon any private property within this city to examine and inspect any tree thereon to determine if such tree is a nuisance as defined in Section 1 or Section 2 of this ordinance. It shall be unlawful for any person to interfere with the Public Health Inspector, or his authorized agent, making any examination permitted under this section. Section k. Property Owner to Trim or Remove Trees. It is hereby .- declared to be the duty of the owner of private property upon which any tree is located whose condition constitutes a nuisance under Section 1 or Section 2 of this ordinance to trim or remove such trees within 30 days from ti the receipt of notice from the Public Health Inspector to do so. Section 5. Notice to Abate Nuisance. Whenever the Public Health Inspector finds that a nuisance exists under any provision of this ordinance, he shall give notice by certified mail addressed to the last known address of the owner of record or by personally serving the notice upon the owner of record, and if there be more than one owner of record, then by such mail or personal service to any one of such owners. In the event the owner of the property is unknown, or his whereabouts is unknown, then notice shall be given by posting same upon the property where the condition of nuisance exists. Such notice shall require the owner of the property to abate the nuisance in the manner stated in Section 4 of this ordinance as conditions warrant. Section 6. City May Abate Nuisance. Upon the failure of the owner of private property in this city, upon which a condition of nuisance exists under the provisions of.this ordinance, to abate the nuisance within 30 days from the receipt of notice from the Public Health Inspector to do so, the Street Commissioner shall enter upon the premises and take such reasonable action necessary to abate the condition of nuisance, and the cost thereof shall be assessed and collected in the manner provided in the following section. When the work has been completed, the time required to abate the nuisance and remove any tree or trees, or parts or trimmings thereof, shall be computed at the rate of $7.50 per hour for each hour, or part thereof, that such work is performed by each employee used to abate the nuisance. Section 7. Assessment and Collection of Costs. The cost to the city of abating any condition of nuisance under the provisions of this ordinance shall be assessed against and collected from the property owner. When the cost has been computed in the manner provided in the preceding section, the Street Commissioner shall certify same to the City Clerk who shall notify the owner or owners of the property by certified mail of the cost of the work and request payment thereof. If payment is not made within thirty days from the mailing of such notice, the City Clerk shall submit a written report to the city council, and certify to same, describing the work which was done and the date thereof, the property affected thereby and y": x^ _2_ assessed, the names of the owners and all persons interested in the land affected on the date that the work was done, and the amount of the assess- ment. If the council finds that the work described in the report was done and approves the report, which finding and approval may be by motion duly made and adapted, the city clerk shall immediately thereafter issue and deliver to the city collector special tax bills in payment for the work signed by the clerk under the seal of the city. Such special tax bills shall bear interest at eight per cent per annum from sixty days after the date of their issue until paid. All special tax bills shall become due and payable sixty days after the date of issue thereof, and every special tax bill shall be a lien against the land described therein for a period of ten years from the date of its issuance, unless sooner paid, or until the expir- ation of any litigation commenced to enforce the lien of the special tax bill. Each special tax bill shall contain a brief general statement of the facts authorizing its issue, the amount for which it is issued, a descrip- tion of the land against which it is issued, the rate of interest it bears, and state that it is a special lien against the land described therein, and give the time that the lien continues. Section 8. Interference with InsRection of Trees a Misdemeanor. It shall. be unlawful for any person to interfere with the Public Health Inspector, or his authorized agent, making any examination authorized under Section 3. of this ordinance, and upon conviction, such person shall be fined not more than $100.00 for said offense. Section 9. Effective Date. This ordinance shall take effect and be in force from and after its passage and approval. Passed A roved: ._. PP 1 /rA4 '40AA q, MIA President o£ the Council Mayor Attest: City Clerk -3-