71.285. Weeds or trash, city may cause removal and issue tax bill, when--certain cities may order abatement and remove weeds or trash, when--section not to apply to certain cities, when--city official - Missouri Statutes

Weeds or trash, city may cause removal and issue tax bill,when--certain cities may order abatement and remove weeds or trash,when--section not to apply to certain cities, when--cityofficial may order abatement in certain cities--removalof weeds or trash, costs.

71.285. 1. Whenever weeds or trash, in violation of an ordinance,are allowed to grow or accumulate, as the case may be, on any part of anylot or ground within any city, town or village in this state, the owner ofthe ground, or in case of joint tenancy, tenancy by entireties or tenancyin common, each owner thereof, shall be liable. The marshal or other cityofficial as designated in such ordinance shall give a hearing after tendays' notice thereof, either personally or by United States mail to theowner or owners, or the owner's agents, or by posting such notice on thepremises; thereupon, the marshal or other designated city official maydeclare the weeds or trash to be a nuisance and order the same to be abatedwithin five days; and in case the weeds or trash are not removed within thefive days, the marshal or other designated city official shall have theweeds or trash removed, and shall certify the costs of same to the cityclerk, who shall cause a special tax bill therefor against the property tobe prepared and to be collected by the collector, with other taxes assessedagainst the property; and the tax bill from the date of its issuance shallbe a first lien on the property until paid and shall be prima facieevidence of the recitals therein and of its validity, and no mere clericalerror or informality in the same, or in the proceedings leading up to theissuance, shall be a defense thereto. Each special tax bill shall beissued by the city clerk and delivered to the collector on or before thefirst day of June of each year. Such tax bills if not paid when due shallbear interest at the rate of eight percent per annum. Notwithstanding thetime limitations of this section, any city, town or village located in acounty of the first classification may hold the hearing provided in thissection four days after notice is sent or posted, and may order at thehearing that the weeds or trash shall be abated within five business daysafter the hearing and if such weeds or trash are not removed within fivebusiness days after the hearing, the order shall allow the city toimmediately remove the weeds or trash pursuant to this section. Except forlands owned by a public utility, rights-of-way, and easements appurtenantor incidental to lands controlled by any railroad, the department oftransportation, the department of natural resources or the department ofconservation, the provisions of this subsection shall not apply to any citywith a population of at least seventy thousand inhabitants which is locatedin a county of the first classification with a population of less than onehundred thousand inhabitants which adjoins a county with a population ofless than one hundred thousand inhabitants that contains part of a citywith a population of three hundred fifty thousand or more inhabitants, anycity with a population of one hundred thousand or more inhabitants which islocated within a county of the first classification that adjoins no othercounty of the first classification, or any city, town or village locatedwithin a county of the first classification with a charter form ofgovernment with a population of nine hundred thousand or more inhabitants,or any city with a population of three hundred fifty thousand or moreinhabitants which is located in more than one county, or the City of St.Louis, where such city, town or village establishes its own procedures forabatement of weeds or trash, and such city may charge its costs ofcollecting the tax bill, including attorney fees, in the event a lawsuit isrequired to enforce a tax bill.

2. Except as provided in subsection 3 of this section, if weeds areallowed to grow, or if trash is allowed to accumulate, on the same propertyin violation of an ordinance more than once during the same growing seasonin the case of weeds, or more than once during a calendar year in the caseof trash, in any city with a population of three hundred fifty thousand ormore inhabitants which is located in more than one county, in the City ofSt. Louis, in any city, town or village located in a county of the firstclassification with a charter form of government with a population of ninehundred thousand or more inhabitants, in any fourth class city located in acounty of the first classification with a charter form of government and apopulation of less than three hundred thousand, or in any home rule citywith more than one hundred thirteen thousand two hundred but less than onehundred thirteen thousand three hundred inhabitants located in a countywith a charter form of government and with more than six hundred thousandbut less than seven hundred thousand inhabitants, the marshal or otherdesignated city official may order that the weeds or trash be abated withinfive business days after notice is sent to or posted on the property. Incase the weeds or trash are not removed within the five days, the marshalor other designated city official may have the weeds or trash removed andthe cost of the same shall be billed in the manner described in subsection1 of this section.

3. If weeds are allowed to grow, or if trash is allowed toaccumulate, on the same property in violation of an ordinance more thanonce during the same growing season in the case of weeds, or more than onceduring a calendar year in the case of trash, in any city with a populationof three hundred fifty thousand or more inhabitants which is located inmore than one county, in the City of St. Louis, in any city, town orvillage located in a county of the first classification with a charter formof government with a population of nine hundred thousand or moreinhabitants, in any fourth class city located in a county of the firstclassification with a charter form of government and a population of lessthan three hundred thousand, in any home rule city with more than onehundred thirteen thousand two hundred but less than one hundred thirteenthousand three hundred inhabitants located in a county with a charter formof government and with more than six hundred thousand but less than sevenhundred thousand inhabitants, in any third class city with a population ofat least ten thousand inhabitants but less than fifteen thousandinhabitants with the greater part of the population located in a county ofthe first classification, in any city of the third classification with morethan sixteen thousand nine hundred but less than seventeen thousandinhabitants, or in any city of the third classification with more thaneight thousand but fewer than nine thousand inhabitants, the marshal orother designated official may, without further notification, have the weedsor trash removed and the cost of the same shall be billed in the mannerdescribed in subsection 1 of this section. The provisions of subsection 2and this subsection do not apply to lands owned by a public utility andlands, rights-of-way, and easements appurtenant or incidental to landscontrolled by any railroad.

4. The provisions of this section shall not apply to any city with apopulation of one hundred thousand or more inhabitants which is locatedwithin a county of the first classification that adjoins no other county ofthe first classification where such city establishes its own procedures forabatement of weeds or trash, and such city may charge its costs ofcollecting the tax bill, including attorney fees, in the event a lawsuit isrequired to enforce a tax bill.

(L. 1971 H.B. 162, A.L. 1990 H.B. 1390, A.L. 1993 H.B. 333 merged with S.B. 221, A.L. 2000 S.B. 894, A.L. 2001 H.B. 410 merged with S.B. 345, A.L. 2002 S.B. 1086 & 1126, A.L. 2004 H.B. 947)

CROSS REFERENCE:

Weed abatement, procedure, notice, cities, towns or villages and certain counties, RSMo 67.398