[CC 2000 §4-1-1; CC 1974 §8-1]
Any act done or allowed to be done by any person upon his/her
property or any substance or thing kept or maintained, placed or thrown
on or upon any public or private place which is injurious to the public
health and any pursuit followed or act done by any person to the injury
or danger of the public is hereby defined and declared to be a public
"nuisance".
[Ord. No. 1191 §§1 —
3, 4-18-2011]
A.
The
following are declared to be nuisances affecting health:
1.
All decayed or unwholesome food offered for sale to the public or
offered to the public at no charge.
2.
All diseased animals running at large.
3.
Carcasses of dead animals not buried or destroyed within twenty-four
(24) hours after death.
4.
Accumulations, wheresoever they may occur, of manure, rubbish, garbage,
refuse and human and industrial, noxious or offensive waste, except
the normal storage on a farm of manure for agricultural purposes.
5.
Garbage cans which are not fly-tight, that is, garbage cans which
do not prevent the entry of flies, insects and rodents.
6.
The pollution of any well, cistern, spring, underground water, stream,
lake, canal or body of water by sewage or industrial wastes, or other
substances harmful to human beings.
7.
Dense smoke, noxious fumes, gas and soot, or cinders in unreasonable
quantities, or the presence of any gas, vapor, fume, smoke, dust or
any other toxic substance on, in or emitted from the equipment of
any premises in quantities sufficient to be toxic, harmful or injurious
to the health of any employee or to any premises, occupant or to any
other person.
8.
Common drinking cups, roller towels, combs, brushes or eating utensils
in public or semi-public places where not properly sanitized after
use.
9.
Any vehicle used for septic tank cleaning which does not meet the
requirements of this Chapter of the Code of Ordinances of the City
of Vinita Park.
10.
Any vehicle used for garbage or rubbish disposal which is not equipped
with a watertight metal body and provided with a tight metal cover
or covers and so constructed as to prevent any of the contents from
leaking, spilling, falling or blowing out of such vehicle at any time,
except while being loaded, or not completely secured and covered so
as to prevent offensive odors from escaping therefrom or exposing
any part of the contents at any time.
11.
Any and all infestations of flies, fleas, roaches, lice, ticks, rats,
mice, fly maggots, mosquito larvae and hookworm larvae.
12.
The keeping of animals and fowls in any area within the City not
zoned for agricultural uses except pet cats and dogs, animals in public
or licensed zoos, and farm animals in laboratories.
13.
Unlicensed dumps and licensed dumps not operated or maintained in
compliance with the ordinances of the City of Vinita Park and the
Statutes of the State of Missouri.
14.
No person shall discharge or cause to be discharged into a storm
water system any waste materials, liquids, vapor, fat, gasoline, benzene,
naphtha, oil or petroleum product, mud, straw, lawn clippings, tree
limbs or branches, metal or plastic objects, rags, garbage or any
other substance which is capable of causing an obstruction to the
flow of the storm system or interfere with the proper operation of
the system or which will pollute the natural creeks or waterways.
15.
All other acts, practices, conduct, business, occupation callings,
trades, uses of property and all other things detrimental or certain
to be detrimental to the health of the inhabitants of the City of
Vinita Park.
B.
Unlawful To Cause, Maintain Within City Or One-Half Mile Thereof. It is unlawful for any owner, lessee or occupant or any agent, servant,
representative or employee of any such owner, lessee or occupant having
control of any occupied lot or land or any part thereof in the City
of Vinita Park or within one-half (½) mile of the corporate
limits of the City of Vinita Park, Missouri, to cause, permit or maintain
a nuisance on any such lot or land. Additionally, it is unlawful for
any person or his/her agent, servant, representative or employee to
cause or maintain a nuisance on the land or property of another with
or without permission.
Each day that a nuisance shall be maintained is a separate offense.
C.
Authority To Abate Emergency Cases. In cases where it reasonably
appears that there is an immediate danger to the health, safety or
welfare of the public due to the existence of a nuisance, the City
shall have the authority to immediately abate the nuisance in the
appropriate manner.
[Ord. No. 1404, 1-21-2020]
1.
In emergency cases when it is determined by the City by and through
the Director of Public Works or by his/her designee in his/her sole
discretion that a public nuisance exists and that such public nuisance
poses a danger to the public left unabated then a notice shall state
that such public nuisance poses a threat of harm to the general public
and that such public nuisance shall be removed or abated immediately.
A notice to abate shall be mailed or hand delivered to the owner,
lessee, or person having control of the premises. If mail or hand
delivery is not readily achievable, the property may be posted to
provide notification by placing notice to abate upon a building, tree
or other object upon such property, as may be available.
2.
In the event the Director of Public Works reasonably believes that
the owner, lessee or person in control of the property will not remove
or abate the public nuisance immediately then the Director of Public
Works in his/her sole discretion may take measures at the option of
the City to remove or abate the public nuisance and the property owner
shall be charged with said costs expended to remove or abate the public
nuisance that are incurred by the City to remove or abate the public
nuisance in the form of a special tax bill, which special tax bill
shall become a lien on the property. Alternatively, the cost of removing
or abating the public nuisance may be made part of a judgment by the
Municipal Court, in addition to any other penalties and costs imposed.
3.
All costs and expense incurred by the City in removing or abating
a public nuisance and an emergency public nuisance may be assessed
against the property owner in the form of a special tax bill, which
special tax bill shall become a lien on the property. Alternatively,
the cost of removing or abating the public nuisance may be made part
of a judgment by the Municipal Court, in addition to any other penalties
and costs imposed.
4.
In addition to the penalties hereinabove authorized and established,
the City Attorney may take such other actions at law or in equity
as may be required to halt, terminate, remove, or otherwise eliminate
any violation of this Section.
D.
Abatement — Procedure Generally. Whenever the Board
of Aldermen receives notification that a nuisance may exist, it shall
proceed as follows, except as may be otherwise provided herein:
1.
It shall investigate the same. The Board may order
any person who has caused or is maintaining the nuisance to appear
before the Board at such time and place as the Board may direct to
show cause, if any, why that person should not abate the nuisance.
Every person required to appear before the Board shall have at least
ten (10) days' notice thereof.
2.
Such notice shall be signed by the Health Officer or Chief of Police
and shall be served upon that person by delivering a copy thereof
to the person, or by leaving a copy at his/her residence with some
member of the family or household over fifteen (15) years of age,
or upon any corporation by delivering the copy thereof to the President
or to any other officer at any business office of the corporation
within the City. If the notice cannot be given for the reason that
the person named in the notice or his/her agent cannot be found in
the City, of which fact the return upon such notice of the officer
serving the same shall be conclusive evidence, such notice shall be
published in a daily newspaper for three (3) consecutive days, if
a daily, or once, if a weekly paper, giving at least ten (10) days'
notice from the final publication date of the time fixed for the parties
to appear before the Board.
3.
If after hearing all the evidence the Board of Aldermen may determine
that a nuisance exists, it may direct the Health Officer or Chief
of Police or other City Official to order the person to abate the
nuisance within twenty (20) days or within such other time as the
Board may deem reasonable. Such order shall be served in the manner
provided in this Section for service of the order to show cause. The
order may further provide that the appropriate City Official be directed
to abate the nuisance if the order is not obeyed within the time period
set by the Board, and that a special tax bill be issued for the costs
of abating the nuisance.
4.
If the order has not been obeyed within the time period set by the
Board, the appropriate City Official shall proceed to abate the nuisance
in the manner provided by the order of the Board, and the cost of
same, if ordered by the Board, may be assessed as a special tax against
the property so improved or upon which such work was done; and, if
so ordered, the City Clerk shall cause a special tax bill therefor
against the owner thereof when known, and if not known then against
the unknown persons, and the certified bills of such assessment shall
describe therein the property upon which the work was done.
5.
The bills for the above work shall be recorded and shall be collected
and paid as provided for the collection of other special tax bills
for the repairing of sidewalks or grading or paving of streets and
shall be a lien on the property.
6.
The cost of abating nuisances on private property shall be levied
and assessed on each lot in proportion to the amount of work done
and material used in abating the nuisance located on each such lot.
E.
Further Abatement Of Public Nuisance:
1.
Declaration of public nuisance.
a.
The existence of any of the following items on private property is
declared to be a public nuisance affecting public health or safety,
which may be abated pursuant to the provisions of this Chapter: weed
cuttings, cut and fallen trees and shrubs, overgrown vegetation and
noxious weeds as defined in the Code of Ordinances of the City of
Vinita Park, rubbish and trash, lumber not piled or stacked twelve
(12) inches off the ground, rocks or bricks, tin, steel, parts of
derelict cars or trucks, broken furniture, any flammable material
which may endanger public safety, junked household or commercial fixtures
and appliances, unsecured doors and windows, abandoned animals, uncovered
and inoperable swimming pools, deteriorated electrical cables, damaged
water service lines, broken or discarded furniture, graffiti or any
material which is unhealthy or unsafe and declared to be a public
nuisance under the laws of St. Louis County.
b.
"Graffiti", as used in this Chapter, shall mean
any writing, painting, drawing, etching, scratching or marking of
an inscription, word, mark, figure or design of any type on any privately
owned building, structure or other fixture or improvement upon real
property, which is applied without the consent or authority of the
owner or person in lawful possession of such property.
c.
"Vacant", as used in this Chapter, shall apply to
a private property that is unoccupied by authorized occupants for
ninety (90) or more consecutive days.
d.
It shall be unlawful for an owner, occupant, manager and/or person
in control of any private property to allow the existence of a public
nuisance on said private property. Each day a public nuisance exists
shall constitute a separate violation of this Section.
2.
Notice of violation.
a.
When a public nuisance exists as described in (E)(1) above, the Director
of Public Works or the Director's designee (hereafter "Director")
shall provide notice to the owner of the property on which said nuisance
exists by posting a copy of the notice upon said property and, when
practicable, by causing said notice to be delivered to such owner
or to be mailed to the owner by certified mail, return receipt requested.
b.
The notice shall provide the following information:
(1)
Identification of the provision(s) of (E)(1) above being violated
and the manner of violation(s);
(2)
An order directing that action must begin to abate the nuisance
within seven (7) days after such notice is served and that the nuisance
must be abated without unnecessary delay, or it will be abated by
the City of Vinita Park or by St. Louis County under contract with
the City of Vinita Park and the costs assessed against the owner with
a lien placed upon the property;
(3)
A statement of the owner's right to a hearing upon the filing
of a written request therefore with the Director within seven (7)
days after notification, and a description of the procedure for such
a hearing.
c.
If the Director determines that a public nuisance exists at a vacant
property, the Director shall notify the property owner as described
herein. The Director shall also schedule a series of monthly inspections
of the property until the violations constituting the nuisance are
fully abated, either by the property owner or by the City of Vinita
Park pursuant to Section (E)(3) below.
3.
Abatement by City or County.
a.
If the owner fails to pursue removal of a public nuisance as defined
in (E)(1) above without unreasonable delay in accordance with the
requirements set forth in this Chapter and fails to request a hearing
within seven (7) days after notification, or in the event a hearing
is held after which the Director has determined that abatement is
warranted and the nuisance has not been abated within such additional
time as the Director may have allowed, the Director shall cause the
condition which constitutes the nuisance to be removed or abated.
The Director may enter upon private property for the purpose of enforcing
this Chapter, and may take any suitable steps to abate the nuisance
including monthly inspections of the property and the letting of contracts
by the Director of Public Works or Purchasing Agent for abatement
work, if there is one, to be done by a private person, firm or corporation,
and including application for any necessary work orders or warrants.
Contracts for the disposition of litter or other waste shall be awarded
only to licensed waste haulers, and all contracts and work orders
pertaining to abatement shall be approved by both the Director of
Public Works and, if St. Louis County is involved, the Director of
Health.
b.
Upon completion of abatement by or at the request of the Director
of Public Works, the cost of such abatement and inspections shall
be certified to the Accounting Officer or Finance Officer who shall
upon approval transmit the certification to the Collector of Revenue
for inclusion of the certified cost in a special tax bill or with
the annual real estate tax bill for the property. Each said special
tax bill shall include an administrative fee of forty-nine dollars
sixty cents ($49.60) and a further charge of one dollar ($1.00) for
issuing and recording the tax bill. If the tax bill is not paid, the
tax bill shall be considered delinquent and collection of the delinquent
bill shall be governed by the laws governing delinquent debt against
the owner and shall also be a lien on the property until paid.
4.
Procedure for hearing.
a.
Upon the filing of a request for hearing under (E)(2) above, the
Director shall hold a hearing within five (5) days thereof. Formal
rules of evidence shall not apply, however the parties shall have
the right to have an attorney present, present evidence, confront
and cross-examine witnesses, and receive a written decision based
upon the facts adduced at the hearing.
b.
The purpose of the hearing shall be to determine whether the condition
as to which the owner was notified constitutes a public nuisance as
defined by (E)(1).
c.
If the Director is satisfied that there are reasonable grounds to
believe that a violation exists which affects public health or safety,
he shall order abatement of the violation under such conditions and
within such time period as is deemed appropriate under the circumstances.
Alternatively, the Director may enter an order allowing the condition
of the property to remain if no violation is found to have occurred.
5.
Penalties. Any person or entity who shall violate
the provisions of this Chapter shall upon conviction be fined not
more than one thousand dollars ($1,000.00) per day for any violation.
[Ord. No. 1206 §§1 —
3, 3-19-2012]
A.
STORM WATER
STORM WATER MANAGEMENT FACILITY
Definitions. As used in this Section, the following terms
shall have these prescribed meanings:
Rainfall runoff, snow melt runoff and surface runoff and
drainage.
Structure and constructed feature designed for the collection,
conveyance, storage, treatment and disposal of storm water runoff
into and through the storm water system. Storm water management facilities
include vegetative or structural measures, or both, to control the
increased volume, rate, and quality of storm water runoff caused by
manmade changes to land.
B.
Any
private storm water management facility located on any lot or land
shall be a public nuisance for failure to maintain the private storm
water management facility if it has conditions impairing its proper
operation, including, but not limited to, excessive sediment, extensive
ponding of water, rubbish and trash, noxious weeds or invasive plants
or nuisance plants exceeding twelve (12) inches in height, or any
material which is unhealthy or impacts the proper operation of the
private storm water management facility, and it is declared to be
a public nuisance.
Native plants, turf grass, ornamental grasses or shrubs, including
plants that are part of an approved, designed private storm water
facility or MSD approved guidance document, do not constitute a public
nuisance.
C.
When
a public nuisance as described above exists, the Director of Public
Works or Building Inspector shall so declare and give written notice
to the owner of the property by personal service, certified mail,
if otherwise unsuccessful, by publication. Such notice shall, at a
minimum:
1.
Declare that a public nuisance exists;
2.
Describe the condition which constitutes such nuisance;
3.
Order the correction, removal or abatement of such condition within
twenty (20) days from the date of service of such notice;
4.
Inform the owner that he or she may file a written request for a
hearing before the Director of Public Works or Building Inspector
on the question of whether a nuisance exists upon such property; and
5.
State that if the owner fails to begin correcting the nuisance within
time allowed, or upon failure to pursue the correction of such nuisance
without unnecessary delay, the Director of Public Works or Building
Inspector will have the option to cause the condition which constitutes
the nuisance to be corrected, removed or abated and that the cost
of such correction, removal or abatement may be included in a special
tax bill or added to the annual real estate tax bill for the property
and collected in the same manner and procedure for collecting real
estate taxes.
D.
Any
person, firm or corporation violating this Section shall be subject
to a fine of between one dollar ($1.00) and one thousand dollars ($1,000.00).
[CC 2000 §4-1-4; Ord. No. 961, 9-1-1998]
A.
Loud Playing Of Radios, Stereos, CD Players. The loud playing
of any radio, stereo, CD player or other such device that can be heard
greater than one hundred (100) feet of a motor vehicle, if the device
is in such vehicle or greater than one hundred (100) feet of an individual
in the event the device is hand carried, shall be declared a public
nuisance.
B.
Political Public Announcements. This Section shall not include
political public announcements made over a loudspeaker or any transmissions
made during a parade or other activity where proper permission or
a permit is obtained from the City.
[CC 2000 §4-1-8; Ord. No. 1057 §1, 9-15-2003]
Stagnant water and all items containing stagnant water that
can serve as a breeding ground for mosquitoes are hereby declared
to be a public nuisance. This includes, but is not limited to, bottles,
cans, tires, buckets, birdbaths, clogged gutters or any other places
or objects containing stagnant water. This Section shall not apply
to ditches, drainageways, detention basins, lakes, streams and natural
land formations where water may collect nor apply to treated water
such as swimming pools. "Stagnant water" is defined
for this Section as water which is not moving or not flowing or is
motionless and may become foul, stale or promote the breeding of mosquitoes.
The breeding of mosquitoes shall also be defined and declared to be
a public nuisance.
[Ord. No. 1061 §§1 —
2, 10-20-2003]
A.
It
shall be the duty of all persons owning or controlling any trailers
or motor vehicles, including automobiles, trucks, trailers, or any
other vehicles, on any public or private property in such a way that
the contents thereof do not become unsightly, unsanitary, obnoxious
or a blight to the vicinity or offensive to the senses of the users
of the public way abutting such vehicle. Storage of rubbish, trash,
debris shall not be allowed in any vehicle within the City of Vinita
Park for a period of more than twenty-four (24) hours.
B.
Any
violation of the above shall be declared to be a nuisance and any
person, firm or corporation in violation of this Section shall be
subject to a fine not to exceed one thousand dollars ($1,000.00) per
day.
[Ord. No. 1021 §1, 8-20-2001]
The Mayor of the City is hereby authorized to execute a contract
on behalf of the City of Vinita Park with St. Louis County, Missouri,
for the purpose of authorizing St. Louis County to collect certified
costs of removing nuisance debris, also referred to as "nuisance fees".
Said contract is on file in the City offices.
[Ord. No. 1076 §§1 —
3, 6-21-2004]
A.
The
Mayor is hereby authorized to enter into and execute a contract with
St. Louis County, Missouri, whereby said County by and through its
Department of Health will perform mosquito control service within
said City.
B.
The
City shall compensate St. Louis County, Missouri, for services rendered
at the hourly rate set forth in the contract and as such rates are
changed in accordance with the terms and conditions of the contract
between the City and County.
C.
After
execution thereof this agreement shall be in effect for one (1) year
with four (4) automatically renewable one (1) year periods (maximum
five (5) years). Either party may terminate the contract by written
notice at least thirty (30) days prior thereto.
[Ord. No. 1558, 6-20-2023]
A.
It
shall be unlawful for any person to openly burn wood shavings, leaves,
grass, rubbish, trash, garbage, treated and creosoted wood or any
other material within the City limits of Vinita Park whether such
materials are from the subject property or any other property.
B.
Recreational
fires are allowed using only untreated seasoned dry firewood, which
is free of leaves, needles, yard waste, garbage, rubbish, treated
wood, or tree trimmings. Recreational fires must be done in an appropriate
container, appliance or fireplace structure that is designed and intended
for this purpose, may not exceed a base area of nine (9) square feet
and must not cause smoke, ash, or particulate matter to remain visible
in the air or on surfaces beyond the property line where the fire
is occurring.
C.
Bonfires
for public or private events or for recreational purposes on public
or private property shall only be allowed by special permit from the
City of Vinita Park and the appropriate Fire District.
