Obnoxious Vegetation Abatement

NOTICE TO ALL DRAIN OWNERS AND PERSONS IN CHARGE OF PROPERTY

The City of Drain is willing to abate such a nuisance on any particular parcel of property at the request of the owner or person in charge of the property, for a fee sufficient to cover the city's costs of such abatement. Even in the absence of such requests, the city intends to abate all such nuisances 10 or more days after the final publication of the notice, and to charge the cost of doing so on any particular parcel of property to the owner thereof, the person in charge thereof, or the property itself.

93.15      OBNOXIOUS VEGETATION-DEFINITIONS, PROHIBITIONS, ABATEMENT.

 (A)For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Obnoxious Vegetation. Does not include an agricultural crop, unless that crop is a health hazard or a fire or traffic hazard within the meaning of this section. Obnoxious Vegetation

(1) Poison oak.

(2) Poison ivy.

(3) Blackberry bushes that extend into a public thoroughfare of across a property line.

(4) Vegetation that is:

           (a) A health hazard.

           (b) A fire hazard because it is near other  combustibles; or

           (c) A fire hazard because it impairs the view of a public thoroughfare or otherwise     makes use of the thoroughfare hazardous.

Obnoxious Vegetation includes:

(1)  Weeds more than 10 inches high.

(2)  Grass more than 10 inches high and not within the exception stated in subsection.

(B)  Except as section 93.16 provides to the contrary, no owner or person in charge of property may allow obnoxious vegetation to be on the property or in the right of way of a public thoroughfare abutting on the property.  Obnoxious vegetation so located is a public nuisance.

(C)  In accordance with 936.30 et seq:                           

           (1)  The city may abate the nuisance; and

           (2)  The costs that the city incurs in the abatement may be charged against the owner or person in charge or against the property itself.