Warrants Issued for Property Owner Over Tall Grass Violation

By: Tim Schmidt
Posted 11/7/19

An arrest warrant has been issued against a Marthasville property owner who failed to appear in court last week over two separate ordinance violations for failing to cut his grass. William M. …

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Warrants Issued for Property Owner Over Tall Grass Violation

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An arrest warrant has been issued against a Marthasville property owner who failed to appear in court last week over two separate ordinance violations for failing to cut his grass. William M. Hazelbaker of St. Louis was ticketed July 25, 2008, and Aug. 23, 2008, for violating Marthasville's ordinance on tall grass by Police Chief Eugene Jenkins. No bond was set for Hazelbaker meaning the judge could hold him in jail until his case is heard. Hazelbaker is a partner in Ashley 61596, LLC, a limited partnership that owns property at the intersection of Pecan Street and Highway 47. A message left for Hazelbaker's attorney, Jeffrey M. Witt, of St. Charles, seeking comment was not returned. In June, Witt said the city "has a target" on his client after Hazelbaker requested a jury trial be held in Warren County Associate Circuit Court. Citing U.S. Army Corps of Engineers regulations, Witt contended that the property didn't need to be mowed since it was located in a floodplain. Witt also questioned why his client was the lone property owner cited for the ordinance violation but other principals in Ashley 61596, LLC, were not. The hearing on the violations was scheduled to be held Aug. 13, but neither Witt nor Hazelbaker appeared in court. The case was then continued to Sept. 10. Witt appeared Nov. 12 when Marthasville city attorney Chris Graville recommended similar warrants, each set with a $200 cash-only bond, be recalled. Graville said it was his belief the case was going to be settled last week. "It was my understanding that there was going to be a disposition," he told The Record. A separate lawsuit filed by Hazelbaker on behalf of Ashley 61596, LLC, against Marthasville in March is pending in federal court. The partners wanted to erect a billboard on a 5-acre parcel of land they own off Highway 47. The lawsuit alleges Marthasville violated state law when it passed a sign ordinance regulating billboards in May 2008. It also alleges other constitutional violations. It is similar to an earlier lawsuit brought by Ashley 61596, LLC, against the city in 2006 after the city denied the partnership a billboard permit. According to the lawsuit, Marthasville aldermen denied the request because it didn't conform to the requirements in its existing billboard ordinance and after nearby property owners voiced opposition. That lawsuit later was dismissed, according to Keith Henson, an attorney representing Marthasville in the case. Hazelbaker filed another lawsuit in 2006 against the city and its police chief, Eugene Jenkins, following an incident at a November 2005 board meeting where Hazelbaker claimed he was wrongfully detained. Hazelbaker was at the meeting requesting a floodplain permit which the board granted. He alleged he was arrested and detained immediately after the meeting by Jenkins when he failed to produce his driver's license. The city eventually settled the case for $8,000. As part of the settlement, Jenkins was suspended for 30 days.


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