GRASS AND WEEDS

Tupelo Code of Ordinances ch. 13, art. II

in effect

Tupelo Code of Ordinances § 13-16 Policy.

Sec. 13-16. - Policy. In order to control and to eliminate as far as possible rats, mice, snakes and mosquitoes, and thereby to promote the public health and safety of the citizens of the city, it is declared to be the public policy of the city to encourage all property owners to keep their property mowed at sufficient intervals to eliminate high grass, weeds and underbrush. (Ord. of 7-15-75, § I)

Tupelo Code of Ordinances § 13-16.1 Height requirement.

Sec. 13-16.1. - Height requirement. All premises and exterior property shall be maintained free from weeds or plant growth in excess of five (5) inches, except as provided in section 13-6.2 below. (Ord. of 11-1-16(1); Ord. of 9-4-2018(2), § 2)

Tupelo Code of Ordinances § 13-16.2 Undeveloped lots.

Sec. 13-16.2. - Undeveloped lots. Undeveloped lots within platted subdivisions which abut or adjoin lots containing occupied dwellings shall be maintained free from weeds or plant growth in excess of nine (9) inches. Undeveloped properties not within platted subdivisions which abut or adjoin lots containing occupied dwellings shall maintain a twenty-five (25) feet buffer free from weeds or plant growth in excess of nine (9) inches along the right-of-way and along all property lines which abut or adjoin lots containing occupied dwellings. Other undeveloped lots shall be maintained free from weeds or plant growth in excess of nine (9) inches. Properties or portions of properties in agricultural use or with substantial tree cover shall not be subject to lot mowing requirements. (Ord. of 11-1-16(1); Ord. of 9-4-2018(2), § 3)

Tupelo Code of Ordinances § 13-17 Notice to owner of hearing.

Sec. 13-17. - Notice to owner of hearing. The city is empowered upon its own motion or upon the receipt of a petition signed by a majority of the residents residing on any street or alley within three hundred (300) feet of any parcel of land alleged to be in need of cleaning requesting the city to act, to give notice to the property owner of a hearing to determine whether or not such parcel of land is a menace to the public health and safety of the community. Notice shall be given via the United States registered or certified mail two (2) weeks before the date of a hearing, or by service of notice as provided in section 13-21 of this article by a police officer at least two (2) weeks before the date of a hearing. If the property owner be unknown or his/her address unknown, two (2) weeks' notice of such hearing shall be published in a newspaper of general circulation in the municipality. (Ord. of 6-3-03, § 1)

Tupelo Code of Ordinances § 13-18 Hearing; penalty.

Sec. 13-18. - Hearing; penalty. The Tupelo City Council shall conduct a hearing at a regular or special meeting to determine if a parcel of land is a menace to the public health and safety of the community. The property owner may be present and may present witnesses or evidence at such hearing. If the Tupelo City Council determines, based on the facts and evidence presented at the hearing, that the property is a menace to the public health and safety of the community, the owner will be given ten (10) days in which to mow and/or clean the property. In the event the owner refuses to mow or clean the property within ten (10) days as ordered by the city council, the city may proceed to mow and/or clean the property. thereafter, the city council may, at its next regular meeting, by resolution, adjudicate the actual cost of cleaning the property and may impose a penalty of five hundred dollars ($500.00) or fifty percent (50) of such actual cost, whichever is more. The cost and penalty may become a civil debt against the property owner, or, at the option of the city council, an assessment against the property. The cost assessed against the property means the cost to the city of using its own employees to do the work or the cost to the city of any contract executed by the city to have the work done. The action herein authorized shall not be undertaken against any one (1) parcel of property more than five (5) times in any one (1) calendar year and the expense of cleaning said property shall not exceed an aggregate amount of twenty thousand dollars ($20,000) per year, or the fair market value of the property subsequent to cleaning, whichever is less. If it is determined by the city council that it is necessary to clean a parcel of land more than once in one (1) calendar year, then the city may clean such property provided notice is given to the property owner in the same manner provided in section 13-17 of this article. (Ord. of 6-3-03, § 2; Ord. of 11-1-16(1))

Tupelo Code of Ordinances § 13-19 Civil debt.

Sec. 13-19. - Civil debt. In the event the city council declares by resolution that the cost and penalty for cleaning/mowing shall be collected as a civil debt, the city council may authorize the institution of a suit on open account against the owner of the property in municipal court in the manner provided by law for the cost and any penalty, plus court costs, reasonable attorney fees and interest from the date the property was cleaned. (Ord. of 6-3-03, § 3)

Tupelo Code of Ordinances § 13-20 Assessment.

Sec. 13-20. - Assessment. If the city council determines that the cost and penalty of cleaning/mowing the property shall be an assessment against the property, then the assessment shall be a lien against the property and may be enrolled in the office of the Lee County Circuit Clerk or where other judgments are enrolled, and the city tax collector shall, upon order of the city council, proceed to sell the land to satisfy the lien as provided by law for the sale of lands for delinquent municipal taxes. (Ord. of 6-3-03, § 4)

Tupelo Code of Ordinances § 13-21 Form of notice.

Sec. 13-21. - Form of notice. The police officer's return on the notice of hearing may be in one (1) of the following forms: (1) Form of personal notice: "I have this day delivered the within notice personally, by delivering to the within named property owner, ___________ (here state name of party summoned), a true copy of this notice. "This, the _______ day of _______, 200___. ___________ (Police Officer)" (2) Form of notice where copy left at residence: "I have this day delivered the within notice to ___________, within named property owner, by leaving a true copy of the same at his (or her) usual place of abode in my municipality, with ___________, his (or her) ___________ (here insert wife, husband, son, daughter, or some other person, as the case may be), a member of his (or her) family above the age of sixteen (16) years, and willing to receive such copy. The said property owner is not found in my municipality. "This, the _______ day of _______, 200___. ___________ (Police Officer)" (3) Form of notice when property owner not found within municipality and is a nonresident thereof: "I have this day attempted to deliver the within notice to ___________, within named property owner, and after diligent search and inquiry, I failed to find the same property owner within my municipality, nor could I ascertain the location of any residence of the property owner within my municipality. "This, the _______ day of _______, 200___. ___________ (Police Officer)" The first mode of notice should be made, if it can be; if not, then the second mode should be made, if it can be; and the return of the second mode of service must negate the officer's ability to make the first. If neither the first nor second mode of service can be made, then the third mode should be made, and the return thereof must negate the officer's ability to make both the first and second. In the event the third mode of service is made, then service shall also be made by publication as provided in subsection (1) of this section. The officer shall mark on all notices the day of the receipt thereof by him, and he shall return the same on or before the day of the hearing, with a written statement of his proceedings thereon. For failing to note the time of the receipt of notice or for failing to return the same, the officer shall forfeit to the party aggrieved the sum of twenty-five dollars ($25.00). (Ord. of 6-3-03, § 5)

Tupelo Code of Ordinances § 13-22 Appeal.

Sec. 13-22. - Appeal. All decisions rendered under the provisions of this article may be appealed to the Lee County Circuit Court. (Ord. of 6-3-03, § 6)

Tupelo Code of Ordinances § 13-23 Administrator.

Sec. 13-23. - Administrator. The City of Tupelo Department of Development Services shall serve as the administrator of this article in cooperation with the City of Tupelo Police Department and the City of Tupelo Public Works Department. (Ord. of 6-3-03, § 7; Ord. of 11-1-16(1))

Source: City of Tupelo, Mississippi, Code of Ordinances and Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/ms/tupelo/codes/code_of_ordinances?nodeId=COOR_CH13HESA_ARTIIGRWEFetched: 11/1/2026