Effective - 28 Aug 2013
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 may order abatement in certain cities — removal of weeds or trash, costs. — 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 any lot or ground within any city, town or village in this state, the owner of the ground, or in case of joint tenancy, tenancy by entireties or tenancy in common, each owner thereof, shall be liable. The marshal or other city official as designated in such ordinance shall give a hearing after ten days' notice thereof, either personally or by United States mail to the owner or owners, or the owner's agents, or by posting such notice on the premises; thereupon, the marshal or other designated city official may declare the weeds or trash to be a nuisance and order the same to be abated within five days; and in case the weeds or trash are not removed within the five days, the marshal or other designated city official shall have the weeds or trash removed, and shall certify the costs of same to the city clerk, who shall cause a special tax bill therefor against the property to be prepared and to be collected by the collector, with other taxes assessed against the property; and the 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 in the same, or in the proceedings leading up to the issuance, shall be a defense thereto. Each special tax bill shall be issued by the city clerk and delivered to the collector on or before the first day of June of each year. Such tax bills if not paid when due shall bear interest at the rate of eight percent per annum. Notwithstanding the time limitations of this section, any city, town or village located in a county of the first classification may hold the hearing provided in this section four days after notice is sent or posted, and may order at the hearing that the weeds or trash shall be abated within five business days after the hearing and if such weeds or trash are not removed within five business days after the hearing, the order shall allow the city to immediately remove the weeds or trash pursuant to this section. Except for lands owned by a public utility, rights-of-way, and easements appurtenant or incidental to lands controlled by any railroad, the department of transportation, the department of natural resources or the department of conservation, the provisions of this subsection shall not apply to any city with a population of at least seventy thousand inhabitants which is located in a county of the first classification with a population of less than one hundred thousand inhabitants which adjoins a county with a population of less than one hundred thousand inhabitants that contains part of a city with a population of three hundred fifty thousand or more inhabitants, any city with a population of one hundred thousand or more inhabitants which is located within a county of the first classification that adjoins no other county of the first classification, or any city, town or village located within a county of the first classification with a charter form of government with a population of nine hundred thousand or more inhabitants, or any city with a population of three hundred fifty thousand or more inhabitants which is located in more than one county, or the City of St. Louis, where such city, town or village establishes its own procedures for abatement of weeds or trash, and such city may charge its costs of collecting the tax bill, including attorney fees, in the event a lawsuit is required to enforce a tax bill.
2. Except as provided in subsection 3 of this section, if weeds are allowed to grow, or if trash is allowed to accumulate, on the same property in violation of an ordinance 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, in any city with a population of three hundred fifty thousand or more inhabitants which is located in more than one county, in the City of St. Louis, in any city, town or village located in a county of the first classification with a charter form of government with a population of nine hundred thousand or more inhabitants, in any fourth class city located in a county of the first classification with a charter form of government and a population of less than three hundred thousand, or in any home rule city with more than one hundred thirteen thousand two hundred but less than one hundred thirteen thousand three hundred inhabitants located in a county with a charter form of government and with more than six hundred thousand but less than seven hundred thousand inhabitants, the marshal or other designated city official may order that the weeds or trash be abated within five business days after notice is sent to or posted on the property. In case the weeds or trash are not removed within the five days, the marshal or other designated city official may have the weeds or trash removed and the cost of the same shall be billed in the manner described in subsection 1 of this section.
3. If weeds are allowed to grow, or if trash is allowed to accumulate, on the same property in violation of an ordinance 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, in any city with a population of three hundred fifty thousand or more inhabitants which is located in more than one county, in the City of St. Louis, in any city, town or village located in a county of the first classification with a charter form of government with a population of nine hundred thousand or more inhabitants, in any fourth class city located in a county of the first classification with a charter form of government and a population of less than three hundred thousand, in any home rule city with more than one hundred thirteen thousand two hundred but less than one hundred thirteen thousand three hundred inhabitants located in a county with a charter form of government and with more than six hundred thousand but less than seven hundred thousand inhabitants, in any third class city with a population of at least ten thousand inhabitants but less than fifteen thousand inhabitants with the greater part of the population located in a county of the first classification, in any city of the third classification with more than sixteen thousand nine hundred but less than seventeen thousand inhabitants, in any city of the third classification with more than eight thousand but fewer than nine thousand inhabitants, in any city of the fourth classification with more than eight thousand but fewer than nine thousand inhabitants and located in any county of the third classification without a township form of government and with more than eighteen thousand but fewer than twenty thousand inhabitants, or in any city of the third classification with more than fifteen thousand but fewer than seventeen thousand inhabitants and located in any county of the first classification with more than sixty-five thousand but fewer than seventy-five thousand inhabitants, the marshal or other designated official may, without further notification, have the weeds or trash removed and the cost of the same shall be billed in the manner described in subsection 1 of this section. The provisions of subsection 2 and this subsection 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.
4. The provisions of this section shall not apply to any city with a population of one hundred thousand or more inhabitants which is located within a county of the first classification that adjoins no other county of the first classification where such city establishes its own procedures for abatement of weeds or trash, and such city may charge its costs of collecting the tax bill, including attorney fees, in the event a lawsuit is required to enforce a tax bill.
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(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, A.L. 2013 S.B. 23 merged with S.B. 58)
CROSS REFERENCE:
Weed abatement, procedure, notice, cities, towns or villages and certain counties, 67.398
Structure Missouri Revised Statutes
Title VII - Cities, Towns and Villages
Chapter 71 - Provisions Relative to All Cities and Towns
Section 71.010 - Ordinances to conform to state law.
Section 71.016 - Annexation of noncontiguous territory, when allowed.
Section 71.018 - Exclusion of prior area from jurisdiction, when.
Section 71.019 - Condemnation authorized — bonds, how issued — cooperation authorized.
Section 71.020 - Changing name of town.
Section 71.030 - Proceedings before presentation of petition to change name.
Section 71.040 - Duty of the secretary of state.
Section 71.050 - Petition to change name — consideration — notice.
Section 71.060 - Order to change name.
Section 71.070 - Order to change name — duty of secretary of state — duty of courts.
Section 71.080 - Change not to affect rights accrued.
Section 71.090 - Unincorporated town or village — change of name.
Section 71.100 - May sell and convey commons.
Section 71.110 - Sale of commons — ordinances authorized.
Section 71.120 - Property held in trust.
Section 71.130 - Breach of trust — proceedings.
Section 71.140 - Purchase of Missouri products.
Section 71.150 - Property qualifications for officers not required.
Section 71.160 - Special census — qualifications and oath of supervisor.
Section 71.170 - Special census — enumerators — results certified.
Section 71.180 - Special census — compensation, supervisor and enumerators.
Section 71.185 - Tort liability for governmental acts, insurance, trial.
Section 71.200 - Police force, appointment of men and women.
Section 71.220 - City prisoners, labor on public works — fines payable in installments.
Section 71.230 - Unimproved additions, how vacated.
Section 71.250 - Duty of county commission — procedure.
Section 71.260 - What consent necessary.
Section 71.270 - Streets, easements and commons in subdivision outside limits — petition — notice.
Section 71.280 - Section 71.270 not applicable to state or county road.
Section 71.286 - Display of the United States flag, political subdivisions not to regulate.
Section 71.288 - Restrictions on outdoor advertising — fee.
Section 71.290 - Public improvement — state or federal aid — procedures.
Section 71.300 - Courthouses and jails — erection and maintenance.
Section 71.310 - Armories — acquisition, maintenance.
Section 71.320 - Armories, not owned or leased by cities — maintenance.
Section 71.330 - Term maintenance defined.
Section 71.340 - Construction and repair of public roads — annual appropriation.
Section 71.350 - Parking facilities for motor vehicles, certain cities.
Section 71.360 - Parking facilities, how financed.
Section 71.365 - Sidewalks to have wheelchair ramps — specifications for — when required.
Section 71.367 - Deviations authorized, when.
Section 71.370 - Contracts for fire protection between incorporated cities.
Section 71.380 - Fire protection contracts.
Section 71.390 - Payments under contracts.
Section 71.400 - Cities may maintain joint fire departments.
Section 71.410 - Joint contract — validity.
Section 71.420 - Joint fire department committee — duties.
Section 71.430 - Joint fire department — use of building.
Section 71.440 - Joint fire department — cost of maintenance, how met.
Section 71.450 - Joint fire department — bond election — tax increase.
Section 71.470 - Joint fire department — issuance of bonds — imposition of tax.
Section 71.480 - Joint fire department — denomination and form of bonds.
Section 71.490 - Joint fire department — bonds, notice of sale.
Section 71.500 - Joint fire department — bonds to be registered.
Section 71.510 - Joint fire department — use of moneys from bonds.
Section 71.520 - Certain privileges granted to public utilities.
Section 71.527 - Annexation, provision of cable television services.
Section 71.540 - Municipal water supply — contracts.
Section 71.550 - Water supply contract — voter approval.
Section 71.560 - Use of streets for railway purposes — petition of property owners.
Section 71.570 - Street railways — powers of municipality limited.
Section 71.580 - Proceedings before granting of franchise to street railroads.
Section 71.600 - Damages defined.
Section 71.610 - Imposition of tax on business, when.
Section 71.630 - Imposition of tax on producer prohibited, when.
Section 71.640 - Tax for band fund authorized.
Section 71.650 - Tax for band fund — limitations.
Section 71.660 - Discontinuance of tax for band fund, procedure.
Section 71.670 - Band fund — expenditures — contract with band.
Section 71.690 - Garbage disposal — ordinances authorized.
Section 71.700 - Water supply — authorization to regulate and license.
Section 71.710 - Water supply — protection of sources.
Section 71.715 - Sewerage service charges may be imposed, how collected — use of proceeds.
Section 71.720 - Milk — regulation — inspection.
Section 71.760 - Smoke nuisance — penalty.
Section 71.770 - Smoke nuisance — enforcement of penalty.
Section 71.780 - Nuisances — expense of suppression, how paid.
Section 71.794 - Establishing or altering size of district, procedure.
Section 71.796 - Powers of governing body in establishing and maintaining district.
Section 71.798 - Governing body to determine expenditures.
Section 71.802 - General obligation bonds authorized, when — election, notice of — form of ballot.
Section 71.804 - Revenue bonds authorized, when — refunding of revenue bonds authorized.
Section 71.806 - Bonds, term of, form, interest rate, private sale authorized.
Section 71.808 - Benefit determinations by legislative body of city to be conclusive.
Section 71.860 - Application of section 71.015 — exceptions.
Section 71.870 - Separate elections required for annexation — effective when.
Section 71.900 - Form of ballot.
Section 71.910 - Proposition not to be resubmitted, when.
Section 71.922 - Certain annexations effective on date determined by jurisdictions involved.
Section 71.940 - Codification and compilation of ordinances, defined.
Section 71.946 - Supplements to code to be deemed part of original code.
Section 71.948 - Copies of code on file with municipal clerks and open to public.
Section 71.980 - Financially insolvent municipalities, state not liable for debt.