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HomeMy Public PortalAboutORD15838 BILL NO. 2018-057 SPONSORED BY Councilman Hussey ORDINANCE NO. /50e, AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 21, NUISANCES, ARTICLE II, WEEDS CODE OF THE CITY OF JEFFERSON. WHEREAS, the City Code defines weeds as a nuisance violation; and, WHEREAS, the amendment would expand the Article to include clear descriptions for varieties of plants, landscapes, turf grass, noxious weeds; and, WHEREAS, the amendment provides that landscaped areas are to be maintained, preventing safety hazards such as obstructing line of sight and interfering with passage of vehicles, bicycles, pedestrians; and, WHEREAS, amending the article will provide aid in enforcement and educate the public. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Chapter 21 (Nuisance Code) is amended per the following: Section 21-18. Weeds-defined. Definitions • - • • • - , • - •• " .• : As used in this Article,the following terms mean: A. All vegetation, other than commonly known and recognized trees, 4eorative shrubs and ornamental tests: 1. Vegetation which may exhale unpleasant or noxious odors;or 11. Vegetation which causes a safety hazard by obstructing the line of sight of a motor vehicle 5. Vegetation which could interfere with the passage of motor vehicles,bicycles or pedestrians on ..1.1:6 r-ght_of way, B. Poison ivy,poison oak and poison sumac, at any height or stage of maturity. A. Exotic plant. A vegetation species not native to the continent on which it is now found. B. Invasive plant. A vegetation species that grows aggressively in the State of Missouri and is designated as invasive by the Missouri Department of Conservation. C. Landscape. An alteration of surrounding landforms using ornamental and/or native vegetation including, but not limited to,trees,shrubs,wildflowers and grasses. D. Managed landscape. 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. Scriveners Note: Inserted text shown as thus. Deleted text shown as thus. E. Native landscape. A managed landscape that is designed to mimic the natural habitat types of Missouri as defined by the Missouri Department of Conservation, 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. Additionally, a managed native landscape is an area where non-native invasive and/or exotic plants are controlled. F. Native plant. A vegetation species that is indigenous to a particular region, ecosystem, or habitat in geologic time as listed by the Missouri Department of Conservation including, but not limited to, certain wildflowers, shrubs, grasses and trees that are indigenous to the geographic area. G. Noxious weed. A vegetation species that is listed as a Missouri State Noxious Weed by the United States Department of Agriculture. H. Nuisance plant. A vegetation species known to cause death or severe allergic reactions among certain individuals including, but not limited to, poison hemlock (Co11ium maculatum), poison ivy (Toxicode11droll radica11s) and ragweeds (Ambrosia spp.). I. Ornamental plants. Native or non-native vegetation planted for aesthetic reasons. J. Turf grass. 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 twelve (12) inches and managed by mowing to maintain a uniform height. K. Turf weed. Broadleaf weeds and other annual and perennial grasses that invade or disrupt the uniformity of turf grass lawns. L. Vermin harborage. 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. 15721, §I, 9-5-20 17) Section 21-19. Weeds deelareEI a auisaaee. Public nuisance declared. ARy grewth ef weeds eR aRy let er gret:tRd is hereby deelared te be a Rt:tisaaee. (a) The following shall be declared to be public nuisances related to landscape management on a property: (I) Causing, permitting, maintaining or allowing turf grass or turf weeds to attain a height of more than twelve (12) inches. (2) Failing to prevent or mitigate against vermin harborage. (3) Failing to remove nuisance plants or noxious weeds. (4) Failing to remove vegetation that causes a safety hazard by obstructing the line of sight of a motor vehicle driver, bicyclist or pedestrian at a street intersection. (5) Failing to remove vegetation which could interfere with the passage of a motor vehicle, bicycle or pedestrian on any public right-of-way. (b) Exceptions: (1) Managed landscapes of native and/or ornamental plants and vegetable gardens exceeding twelve (12) inches in height and which have gone to seed or developed to maturity are permitted provided they are maintained free of nuisance plants, noxious weeds, turf weeds or turf grasses, and does not exceed property boundaries into neighboring properties. (2) Cultivated agricultural crops exceeding twelve (12) inches in height and which have gone to seed are permitted provided there is a fifteen (15) foot buffer maintained free of turf weeds, nuisance plants, invasive plants or noxious weeds on the perimeter of the property wherever the property adjoins property used for residential or commercial purposes. (3) Managed landscapes of native and/or ornamental plants is permitted provided that it is devoid of non-native invasive plants, nuisance plants, and noxious weeds, and it contains a three (3) foot buffer area of vegetation that does not exceed a height of twelve (12) inches or a hardscape border Scriveners Note: Inserted text shown as thus. Deleted text shown as tRY&. including, but not limited to, a fence or wall that borders the perimeter of the landscape area where residential or commercial property boundaries meet. (4) Undeveloped lots with native plants exceeding twelve (12) inches in height are permitted provided they are maintained free of nuisance plants, noxious weeds, turf weeds or turf grasses, and contain a fifteen (15) foot buffer area of vegetation that does not exceed a height of twelve (12) inches along any adjacent developed lots and any bordering city streets. (5) Steep slopes on developed properties with native plants exceeding twelve (12) inches in height are permitted provided they are maintained free of nuisance plants, noxious weeds, turf weeds or turf grasses, and do not exceed property boundaries into neighboring properties. Section 21-20. Weeds prellibited. Landscape management public nuisances prohibited. AAy gre·tV-tl'l sf weeels SA aAy let 8F greHAel is l'lereey eleelareel te ee a AHisaAce. !! shall be unlawful for any person to cause. permit, maintain Q! allow the creation or maintenance of any growth of vegetation in violation of this Article. Sec. 21-21. Removal required. A. It shall be unlawful for any owner, lessee or occupant, or any agent, servant, representative or employee of any such owner, lessee or occupant having control of any lot or land or any part thereof in the city to permit or maintain on any such lot or land, including any sidewalk, street or alleyway adjacent to the same and any land between the property line and the curb, any growth of weeds vegetation in violation of this Article or any accumulation of dead weeds, grass or brush. B. It shall be the duty of any owner, lessee or occupant of any lot or land to cut and remove or cause to be cut and removed all such weeds, grass, poisonous or harmful vegetation as often as may be necessary to comply with the provisions of this Article. (Code 1977, § 24-9; Ord. No. 15721, §I, 9-5-2017) Sec. 21-22. Defense. A. It is an affirmative defense that the defendant did not have the legal right to control the location where a violation of this Article occurred. B. It is an affirmative defense that the growth of weeds was for agricultural purposes, provided that a fifteen foot wide, weed-free buffer was maintained on the perimeter of the property wherever the property adjoins property used for residential or commercial purposes. C. It is an affirmative defense that the growth of weeds was part of a federal or state agricultural or conservation program. Sec 21-23. Continuing violation. Each day that a violation of this Article continues shall be deemed a separate offense. (Code 1977, § 24-9; Ord. 14200, §I, 5-21-2007) Sec. 21-24. Removal by City. If the condition of a property violates the provisions ofthis Article, the Director shall notify the property owner of the violation pursuant to the procedures set forth in Sections 21-5, 21-6, and 21-7 of the City Code. The property owner may request a hearing pursuant to Section 21-8 of the City Code and if the same is requested by the owner within the prescribed time, a hearing will be held and conducted pursuant to Sections 21-9 and 21-1 0 of the City Code. If the property owner does not request a hearing within the time limit, the City may abate the weeds and assess the costs pursuant to the procedures set forth in Chapter 21 of the City Code. (Code 1977, § 24-9; Ord. No. 1330 I, 11-5-200 I; Ord. No. 15337, §I, 11-3-20 14; Ord. No. 15721, § 1, 9-5-20 17) Sees. 21-25 -21-35. Reserved. Section 2. This ordinance shall be in full force and effect from and after its passage and approval. Scriveners Note: Inserted text shown as thus. Deleted text shown as tAYs. Passed: Det0/314 15 0.0 Approved: • /(0/ 20/O 042/th,ce, 60(71T,In Presiding Officer Mayor Carrie Tergin ATTEST: APPROVED AS TO FORM: p://dif y Clerk City • . selor Scriveners Note: Inserted text shown as thus. Deleted text shown as thus.