Note:  Nuisance weeds are also covered in Chapter 215, Public Nuisances

                                                                      CHAPTER 240:  WEEDS


SECTION 240.010:        DEFINITIONS

The following terms, as used in this Chapter, unless the context specifically indicates otherwise, are defined
as follows:

CITY: The Chief of Police or other persons authorized by the City to administer this Chapter.

NOXIOUS PLANTS: Any plant capable of poisoning, including, but not limited to poison ivy, poison oak and
poison sumac, at any height or state of maturity.

OCCUPANT: Any person who has a legal or equitable interest in a parcel of real property other than a fee
interest, including a life tenant, tenant, lessee, tenant at will, tenant at sufferance, or adverse possessor, as
well as a person in possession or a person who has charge, care or control of the parcel of real property, at
the agent or personal representative of the person(s) holding legal title to a fee interest.

OWNER: Any person who alone or jointly or severally with others shall have legal title to a fee interest in the
parcel of real property, with or without accompanying actual possession thereof.

The Land Records filed in the Office of the Recorder of Deeds of the County within which the parcel of real
property is located, and any other official record of each County or of the City, may be used to determine the
identity of such owners as hereinabove defined, as of the date of the notice of the violation.

PERSON: Any individual, firm, corporation, association, partnership, cooperative or governmental agency.

RANK WEEDS: All uncultivated vegetation ten (10) inches or more in height, which may emit unpleasant or
noxious odors, or transmit pollen into the air at any state of maturity; all vegetation, regardless of height,
including thickets, which may conceal or invite filthy deposits, harbor rodents, refuse or vermin, create a fire
hazard, or present a blighting effect on the neighborhood. (Ord. No. KK422 §1, 8-13-90)


SECTION 240.020:        NUISANCE DECLARED

Rank weeds and noxious plants, as herein defined, which are allowed to stand at any season of the year
upon any lot, tract or parcel of land, or unpaved alley, or along the sidewalk, street or paved alley adjacent to
such lot, tract or parcel of land are hereby declared to be a menace to public health and constitute a nuisance.
This Chapter shall not apply to land zoned or used for agricultural use which is more than one hundred fifty
(150) feet distance from any occupied residential subdivision, lot, tract or parcel of land. (Ord. No. KK422 §2,
8-13-90)


SECTION 240.030:        RANK WEEDS PROHIBITED; REMOVAL REQUIRED

It shall be unlawful for the owner and/or occupant of any real property to allow rank weeds or noxious plants,
as defined herein, to grow or stand upon such premises. It shall be the duty of such owner and/or occupant to
immediately cut, remove or destroy any and all rank weeds and noxious plants on such premises. Failure,
neglect or refusal of an owner and/or occupant to so abate shall constitute a violation of this Chapter. (Ord.
No. KK422 §3, 8-13-90)


SECTION 240.040:        NOTICE AND ORDER

Whenever the City shall determine that rank weeds or noxious plants exist on a parcel of real property in
violation of this Chapter, it shall notify the owner of such fact. This notice shall:

1.        Be in writing;

§ 240.040                                                                 Lawson City Code                                                                  §
240.070

2.        Set forth the alleged violations of this Chapter;

3.        Describe the parcel of real property where the violations are alleged to exist or to have been committed;

4.        Advise that if the rank weeds or noxious plants are not cut down or removed within seven (7) days, the
City will order the rank weeds or noxious plants to be cut down and may have the rank weeds or noxious
plants cut down and removed, with the costs thereof being specifically assessed against the property and any
repeated or future violations of Chapter 240 will not require a seven (7) day abatement notice.  Enforcement of
violations of Chapter 240 will be at the discretion of the Chief of Police or duly authorized representative; and

5.        Be served upon the owner of the premises by either delivery of a copy of the notice to them personally or
by leaving such a copy at their usual place of abode with a member of the family over the age of fifteen (15)
years or by United States mail, addressed to the owner or an agent authorized to receive service of process
on behalf of the owner. If one (1) or more persons to whom such notice is addressed cannot be found after
diligent effort to do so, service may be made upon such persons by posting the notice on the parcel of real
property described. (Ord. No. KK422 §4, 8-13-90; Ord. No. KK653 §1, 4-19-99)


SECTION 240.050:        ABATEMENT BY CITY

If the owner fails to comply with the order of abatement, the City may proceed to have the rank weeds or
noxious plants cut down and may enter the premises upon which such nuisance is situated for the purpose
of abating the same, with or without the consent of the owner thereof, without being deemed to have
committed a trespass. This limited right of entry shall extend to any persons hired by the City to abate such
nuisance. (Ord. No. KK422 §5, 8-13-90)


SECTION 240.060:        SPECIAL ASSESSMENT

A.        Upon causing abatement of any nuisance as set out above, the City shall determine the cost of such
abatement, including as a portion thereof, an administrative fee of twenty-five dollars ($25.00), with respect to
the property affected and shall determine whether proper service was made on the owner(s). Upon
determining that proper service was made on the owner(s), the City shall certify a statement of such service
and of such costs, with a description of the real property upon which such abatement was accomplished, to
the City Clerk.

B.        The City Clerk 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 (1st) day of June of each year. Such tax bills, if not paid when due, shall
bear interest at the rate of eight percent (8%) per annum. (Ord. No. KK422 §6, 8-13-90)


SECTION 240.070:        COMPLAINT IN MUNICIPAL COURT

Any owner or occupant of real property who has been ordered to cut or remove rank weeds or noxious plants
which have been declared to be a nuisance, and fails to do so, causing the City to abate said nuisance may
be charged with a violation of this Chapter in the Circuit Court of Ray County, Lawson Municipal Division, and
any person found guilty of such violation may be assessed for the cost of abating such nuisance as provided
in Section 240.060 hereof in addition to the fines imposed and court costs.  (Ord. No. KK422 §7, 8-13-90)



§ 240.080                                                                 Weeds                                                                                  § 240.080

SECTION 240.080:        PENALTY

A.        Any person convicted of a violation of this Chapter shall be punished by a fine of not more than five
hundred dollars ($500.00) or by imprisonment of not more than ninety (90) days, or by both such fine and
imprisonment.

B.        Each day on which any nuisance, as defined herein, shall remain on any premises after duty of the
owner and/or occupant thereof arises to remove or abate same shall constitute a separate offense, for which
the owner and/or occupant thereof may be arrested, tried, convicted and punished separately, without
necessity of further notices. (Ord. No. KK422 §8, 8-13-90)
Lawson Police Department,
City Ordinance, Title Two
Chapter 240