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Resident asks O'Fallon council to dismiss weed-maintenance notice, cites code contradictions and safety hazard
Summary
A Ward 4 resident asked the O'Fallon City Council to dismiss a weed-maintenance notice, saying the citation cites a non‑existent code section, conflicts with other Chapter 94 provisions and that city snow‑plow debris left rocks that make mowing unsafe. The city attorney and administrator said they will review the case.
Danny, a resident of 304 Howard Drive (Ward 4), told the O'Fallon City Council on June 15 that he had been cited for failing to maintain weeds and asked the council to dismiss the notice.
"I recently received a notice of violation citing an ordinance listed as 106.3 — I could not find an ordinance 106.3," Danny said, arguing that the citation makes it "incredibly difficult for a resident to understand and comply." He told the council he reviewed Chapter 94 (nuisances and weeds) and found what he called a contradiction between provisions that require adjacent owners to maintain city right‑of‑way (citing sections he identified as 94.03 A and C) and a provision he cited as 94.1D, which he said forbids private citizens from encroaching on city land.
Danny said his parcel qualifies for the slope exception in the code (he cited the standard as a 3‑foot horizontal to 1‑foot vertical slope) and that, separate from any coding question, city snow plows deposited gravel and loose rock in the alley behind his house. He described a mower striking a hidden rock and injuring his shin and said he feared property damage or injury if he attempted to mow the city right‑of‑way.
The council did not rule on his request. City Attorney Todd Fleming told Danny he would review the notice and the documentation. City Administrator Grant Litkigan later described the code‑enforcement process for weed complaints at the meeting: violations are documented with photographs; a first notice gives five days to remediate, a second notice gives another five days, and a third notice can become a citation that proceeds through the civil court system in St. Clair County with city testimony.
Danny asked the council to: (1) immediately dismiss the violation based on the slope exemption; (2) direct public works to remove rock and gravel from the right‑of‑way to make mowing safe; and (3) have the city's legal department reconcile the conflicting language he identified in Chapter 94 so future residents are not placed in the same position.
The lawyer and administrator agreed to review the materials Danny offered; Fleming said he would look at the ticket and follow up. The matter was not resolved at the meeting and will require follow‑up between the resident, code enforcement and legal staff.
Next steps: city attorney Todd Fleming indicated he would examine the citation language and the clerk/staff will follow up; the city administrator said he would speak to code enforcement to validate the case and reach out to the resident.
