City of St. Ann, MO
St. Louis County
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Table of Contents
Table of Contents
Cross Reference — Animals creating a nuisance, §210.210.

Section 220.010 Public Nuisances Designated. [1]

[CC 1988 §11-61; Ord. No. 11 §1, 5-3-1948; Ord. No. 1971 §1, 9-2-1997; Ord. No. 2590 §1, 4-9-2009; Ord. No. 2877 §1, 4-9-2009; Ord. No. 2916 §1, 9-2-2014]
A. 
Public nuisances are hereby designated as follows:
1. 
Any act done or committed or suffered to be done or committed by any person, or any substance or thing kept or maintained, placed or thrown on or upon any public or private premises, which is injurious to the public health, safety or welfare.
2. 
All pursuits followed or acts done by any person to the hurt, injury, inconvenience or danger of the public.
B. 
Said definitions shall include, but not by way of limitation, the following:
1. 
Accumulation of weed cuttings, fallen or cut trees or shrubs or parts thereof, rubbish and trash, lumber not piled or stacked twelve (12) inches off the ground, rocks or bricks, tin, steel, derelict cars or trucks or parts thereof, or broken furniture.
2. 
Any flammable materials.
3. 
The growth of weeds or grass of any type to a height of nine (9) inches or more on any property.
4. 
Any tree deemed by the Director of Public Services to be dead, diseased or decayed.
5. 
Any pool of stagnant water standing on any premises.
6. 
Leaking sanitary sewer lateral.
7. 
Encroachments in any street, alley, sidewalk or other public place.
8. 
Repetitive emission of noise, odors or fumes beyond the property owned or occupied by the party responsible for such condition.
9. 
Placement of a roll-off trash container or any portable storage container on a private property for an uninterrupted period exceeding ninety (90) consecutive days. The positioning of a portable storage container so as to create an obstruction of a roadway, alley, or sidewalk constituting an inconvenience or danger to the health, safety, or welfare of the public.
C. 
Any owner or occupant who permits a nuisance as described by this Section shall be deemed to have committed an offense.
[1]
Cross Reference — Definitions and rules of construction generally, §100.020.

Section 220.020 Notice and Hearing.

[CC 1988 §11-62; Ord. No. 11 §2, 5-3-1948; Ord. No. 1971 §1, 9-2-1997]
A. 
The Director of Building and Planning, or his/her designee, shall give written notice to the owner or occupant of the premises upon which the nuisance is located, describing the nature of the nuisance, the location and directing the owner or occupant to abate the nuisance within a designated time period, which shall not be longer than seven (7) days from receipt of such notice. Such notice may be delivered by personal service, by certified mail or regular mail to the last known address of the owner or by leaving a copy of such notice for the occupant.
B. 
The owner or occupant shall have the right to a hearing on the existence of the nuisance condition, by written notification to the Director of Building and Planning prior to the expiration of the time specified in the notice for abatement. The Director or his/her designee shall hold a hearing, if so requested, with at least four (4) days' notice given to the owner or occupant of the premises. The Director or his/her designee shall make a determination as to the existence of the nuisance condition and if such nuisance condition is found to exist, shall order abatement and designate the time within which such abatement is to be completed.

Section 220.030 Abatement of Nuisance.

[CC 1988 §11-63; Ord. No. 11 §3, 5-3-1948; Ord. No. 1971 §1, 9-2-1997; Ord. No. 2590 §§2 — 3, 4-9-2009]
A. 
In addition to the penalty provided in Section 100.090, an owner or occupant who permits a nuisance as described by Section 220.010 shall be subject to the following provisions:
1. 
If the nuisance is not abated within the time specified, the Director or his/her designee may cause the nuisance condition to be abated pursuant to this Section. The cost of such abatement shall be certified to the City Clerk and the City Clerk shall issue a special tax bill therefor against the property, which shall be a first (1st) lien on the property from the date of issuance until paid and shall be prima facie evidence of the recitals therein and of its validity. No clerical error or informality in such tax bill, or in the proceedings leading to its issuance, shall be a defense. Any such tax bill, if not paid when due, shall bear interest at the rate of ten percent (10%) per annum until paid. Such special tax bill shall be enforced in the manner provided by law and in addition shall be deemed a personal debt against the owner or occupant, as the case may be.
2. 
In lieu of issuance of a special tax bill, said certified cost may be added to the annual real estate tax bill for the property and shall be collected in the same manner and procedure for collecting real estate taxes.

Section 220.035 Places Used for Commission of Crimes or Ordinance Violations, or Acts Done, Permitted, Allowed or Continued to Damage or Injury of Any Inhabitants of City.

[Ord. No. 2893 §1, 4-7-2014]
A. 
As used in this Section, "place" means any building, dwelling unit, lot, plot or parcel of land, premises, room or structure.
B. 
Any place which is used for the commission of crimes, ordinance violations, or acts done, permitted, allowed or continued to the damage or injury of any of the inhabitants of the City is a public nuisance.
C. 
The Chief of Police shall notify the owner and occupant of any place used for the commission of crimes, ordinance violations, or acts done, permitted, allowed or continued to the damage or injury of any inhabitants of the City that the place is in violation of this Section, including the reason why, and that if the place continues to be used in such a manner, a hearing shall be held to determine whether a public nuisance exists and, if so, to determine the appropriate abatement remedies, including that the place not be occupied or used for a period of up to one (1) year. Notice shall be by personal service or certified mail, or by posting on the premises.
D. 
If the place continues to be used for the commission of crimes, ordinance violations, or acts done, permitted, allowed or continued to the damage or injury of any inhabitants of the City, after such notice, the Chief of Police shall file a petition with the City Administrator which shall state what relief is sought or proposed and the reason for granting it.
E. 
The City Administrator or his or her designee shall set the time and location for a hearing based on the petition, and shall cause notice thereof and a copy of the petition to be served on the owner and occupant of the place at least ten (10) days prior to the hearing. Service shall be personal or by certified mail, or by posting on the premises.
F. 
At the hearing the City Administrator or his or her designee shall determine whether the place is a public nuisance, giving such weight to the following factors as he or she deems appropriate:
1. 
The physical characteristics of the neighborhood in which the place is located, with particular consideration given to the proximity of the place to residential property, parks, churches, schools and playgrounds;
2. 
Whether there is littering, as prohibited by law, by the owner, occupant or persons frequenting the place;
3. 
Whether there is drinking of alcoholic beverages in public, as prohibited by law, by the owner, occupant or persons frequenting the place;
4. 
Whether there is lewd and indecent conduct, as prohibited by law, including public urination or defecation, by the owner, occupant or persons frequenting the place;
5. 
Whether there is the possession, sale or use of controlled substances, as prohibited by law, by the owner, occupant or persons frequenting the place;
6. 
Whether there is harassing or intimidating conduct, as prohibited by law, by the owner, occupant or persons frequenting the place, toward persons living in the neighborhood or passing by the place;
7. 
Whether there is noise prohibited by law, caused by the owner, occupant or persons frequenting the place;
8. 
Whether there is the commission of other crimes, ordinance violations, or acts done, permitted, allowed or continued to the damage or injury of any inhabitants of the City by the owner, occupant or persons frequenting the place;
9. 
Whether there is street or sidewalk congestion caused by the owner, occupant or persons frequenting the place;
10. 
Any other activity deemed relevant by the City Administrator or designee.
G. 
For purposes of this Section, a person shall be considered to frequent a place if he or she lives or works at or visits the place, or if the person loiters about the place.
H. 
If the City Administrator or his or her designee finds that the place is a public nuisance in violation of this Section, he or she shall order the owner or occupant to abate the nuisance, and may further order any appropriate action to abate the same, including that the place shall not be occupied or used for a period not exceeding one (1) year.
I. 
The closure of any place pursuant to this Section shall not constitute an act of possession, ownership or control by the City of the closed place.
J. 
It is unlawful for any person to:
1. 
Fail to obey an order to abate a nuisance issued pursuant to this Section;
2. 
Interfere with any entry into or upon the place by any police officer, agent or employee of the City for the purpose of abating the nuisance, as ordered pursuant to this Section;
3. 
Occupy or use or permit any other person to occupy or use any place ordered closed pursuant to this Section;
4. 
Damage or remove any notice or order posted at the place pursuant to this Section;
5. 
Keep or maintain a place used for the commission of crimes, ordinance violations, or acts done, permitted, allowed or continued to the damage or injury of any inhabitants of the City.
K. 
Nothing contained in this Section shall relieve the owner or occupant of any place from complying with the building, fire, property maintenance and zoning codes, or any other ordinance that regulates the condition or use of the place.

Section 220.040 (Reserved) [1]

[1]
Editor's Note — Ord. no. 2590 §4, adopted April 9, 2009, repealed section 220.040 "penalty" in its entirety. Former sections 220.040 derived from ord. no. 1971 §1, 9-2-1997.

Section 220.050 Damaged and Disabled Vehicles.

A. 
Definitions. As used in this Section the following words shall have the meanings set out below:
DAMAGED OR DISABLED VEHICLE
Any vehicle which is not registered or is improperly registered with the State of Missouri; has been inoperable on public property for more than forty-eight (48) hours or is in such a state of repair as to be inoperable, except those on the premises of a duly licensed automobile repair or sales business; or in a duly licensed automobile junking yard.
JUNK
Any metal, glass, paper, rags, wood, machinery, parts, cloth, or other waste or discarded material of any nature or substance whatsoever, or scrap or salvage materials.
PERSON
Any person, firm, partnership, corporation, or other organization of any kind.
PROPERTY
Any land, either publicly or privately owned, within the City limits, not including streets and highways.
STREET OR HIGHWAY
The entire area between the boundary lines of every publicly maintained way when any part thereof is open to the use of the public for purposes of vehicular travel.
VEHICLES
Any machine propelled by power other than human power designed to travel along the ground by use of wheels, treads, runners, or slides including but not limited to automobiles, trucks, trailers, motorcycles, tractors, buggies and wagons, or any part thereof.
B. 
Damaged Or Disabled Vehicle. Any person who allows any damaged or disabled vehicle, part thereof, or junk, to be located on any property, street, or highway which presents a hazard to children, or harbors tall grass, weeds, or other vegetation, or creates a fire hazard or affords a breeding place or nesting place for mosquitoes, flies, rodents, rats, or other vermin; or any vehicle, part thereof, or junk, allowed to remain unmoved on any street or highway for forty-eight (48) hours shall be deemed guilty of a misdemeanor. Each day of violation shall be deemed a separate offense.
C. 
Complaints, How Made. Any complaint by any person, including Police Officers, shall be made to the Board of Aldermen or their appointed representative. The Board of Aldermen or their appointed representative shall then review the complaint and any evidence produced in support thereof. If the Board of Aldermen or their appointed representative determines that there is a nuisance within the meaning of this Section, they or their appointed representative shall begin proceedings against the person or persons creating or maintaining such nuisance as provided in this Section.
D. 
Notice. Whenever the Board of Aldermen determines that any vehicle or junk is a nuisance as defined herein, the Chief of Police shall cause written notice to be served upon the owner of the vehicle or junk, by registered mail or by personal service. The notice shall state that the vehicle or junk is deemed to be a nuisance within the provisions of Subsection (B) hereof, and shall briefly state facts deemed to constitute such vehicle or junk a nuisance within the terms of this Section, and state that the nuisance shall be abated within seven (7) days from receipt of such notice.
E. 
Hearing. Whenever the owner or custodian of any nuisance as defined in Subsection (B) has been served with written notice as provided in Subsection (D) of this Section, the owner or custodian of said nuisance shall be given an opportunity to appear before the Board of Aldermen to be allowed a hearing on the existence of said nuisance. The right to a hearing shall be contained in the notice as provided in Subsection (D) of this Section. As stated in Subsection (D) the violator shall have seven (7) days to abate the nuisance or to appear before the Chief of Police or other designated official. Should the violator fail to comply, the Chief of Police or designated official shall service the case to the Municipal Judge for prosecution at which time a summons will be served to the violator.
F. 
Proceedings When Owner Or Custodian Cannot Be Located. When the owner or custodian of any nuisance as defined in Subsection (B) cannot be located by a reasonable search, the notice shall be attached to the property, briefly stating facts deemed to constitute the property a nuisance and stating that the nuisance shall be abated within seven (7) days of the date notice was posted, or if the vehicle is on public property, within two (2) days of the date notice was posted.
G. 
Duty Of The Owner Or Custodian. Any person receiving the notice provided for above shall comply with the provisions of the notice requiring abatement. Failure to comply with this provision is unlawful.
H. 
Disposition. If not removed within the times specified in the notice, the vehicle or junk shall be transported to a storage area by or at the direction of the Chief of Police or his/her duly authorized representative at the expense of the owner or person in custody thereof. It shall then be stored for a period of at least ninety (90) days, and the person entitled to possession thereof may redeem the property by payment to the City of the actual cost of its removal and a reasonable storage fee. If the vehicle or junk is unredeemed after the expiration of the ninety (90) day period, the Chief of Police may sell it to the highest bidder or, if it has no sale value, may otherwise dispose of it. Any money received from disposal of any vehicle or junk shall be applied to the expenses charged to the owner or person in charge thereof.
I. 
Notice Of Sale. Prior to the sale of any such property, Chief of Police shall cause to be posted in City Hall, place of storage and at least one (1) other public place in the City, a notice of sale stating
1. 
That the City is selling abandoned property;
2. 
The color, make, year, motor number and serial number, if available, and any other information necessary for an accurate identification of the property;
3. 
The terms of the sale; and
4. 
The date, time and place of the sale. This notice shall be published not less than ten (10) or more than thirty (30) days prior to the date of the sale.
J. 
Entry Onto Private Property. The Chief of Police or his/her duly authorized representative may enter upon private property for inspection or for the purpose of removing any vehicle or junk in accordance with this Section. If any person refuses to allow entry onto his/her private property, the Chief of Police may obtain a warrant from the proper official and proceed in accordance therewith.