[CC 1970 §13-3; Ord. No. 3726 §2, 3-11-1975]
Every act or thing done or made, permitted, allowed or continued
on any property, public or private, by any person to the annoyance,
inconvenience, detriment, damage or injury of any of the inhabitants
of this City and not specified in this Code shall be deemed a nuisance.
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.
All
ponds or pools of stagnant water.
4.
Carcasses
of dead animals not buried or destroyed within twenty-four (24) hours
after death.
5.
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.
6.
Garbage
cans which are not fly-tight, that is, garbage cans which do not prevent
the entry of flies, insects and rodents.
7.
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.
8.
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.
9.
Common
drinking cups, roller towels, combs, brushes or eating utensils in
public or semi-public places where not properly sanitized after use.
10.
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 Clayton.
11.
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.
12.
Any
and all infestations of flies, fleas, roaches, lice, ticks, rats,
mice, fly maggots, mosquito larvae and hookworm larvae.
13.
The
keeping of animals (excluding domestic fowl) 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.
[Ord. No. 6291 §1, 9-24-2013]
14.
Unlicensed
dumps and licensed dumps not operated or maintained in compliance
with the ordinances of the City of Clayton and the Statutes of the
State of Missouri.
15.
No
person shall discharge or cause to be discharged into a stormwater
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.
16.
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 Clayton.
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 Clayton or within one-half (½) mile of the corporate limits
of the City of Clayton, 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 authority to immediately abate the nuisance in an appropriate
manner.
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.
[CC 1970 §13-9; Ord. No. 3726 §2, 3-11-1975]
The maintenance, upon public or private property, of dead or
dying trees or tree limbs or branches which, by reason of their location,
size or state of deterioration, constitute a danger to the public
health, safety or welfare or the maintenance upon public or private
property of trees which are infected with contagious disease or blight,
dangerous to persons, animals, other trees or plant life is declared
to be a nuisance.
[CC 1970 §13-10; Ord. No. 3726 §2, 3-11-1975]
Whenever any owner or agent shall rent, lease or hire out to
be occupied any building or part thereof as a home or residence or
more than two (2) families living independently of each other or any
building to different persons for stores or offices in said building
giving to each family or person the common right to halls, basements,
yards, toilets or urinals or any of them, such owner or agent shall
be liable for the condition of such halls, basements, yards, toilets
or urinals or any of them and said owner or agent, the same as the
occupant of premises may be charged with the violation of any provision
of this Article.
A.
Any lot
or land shall be a public nuisance if it has the presence of debris
of any kind including, but not limited to, weed cuttings, cut and
fallen trees and shrubs, overgrown vegetation and noxious weeds which
are seven (7) inches or more in height, 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 or any material
which is unhealthy or unsafe and declared to be a public nuisance.
B.
When
a public nuisance as described above exists, the Building Official
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 constitute such nuisance;
3.
Order
the removal or abatement of such condition within seven 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 Building Official on the question of whether a nuisance
exists upon such property; and
5.
State
that if the owner fails to begin removing the nuisance within time
allowed, or upon failure to pursue the removal of such nuisance without
unnecessary delay, the Building Official shall cause the condition
which constitutes the nuisance to be removed or abated and that the
cost of such 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.
C.
If the
owner of such property fails to begin removing the nuisance within
the time allowed, or upon failure to pursue the removal of such nuisance
without unnecessary delay, the Building Official shall cause the condition
which constitutes the nuisance to be removed. If the Building Official
causes such condition to be removed or abated, the cost of such removal
shall be certified to the Director of Finance who shall cause the
certified cost to be included in a special tax bill or added to the
annual real estate tax bill, at the collecting official's option,
for the property and the certified cost shall be collected by the
City Collector or other official collecting taxes in the same manner
and procedure for collecting real estate taxes. If the certified cost
is not paid, the tax bill shall be considered delinquent, and the
collection of the delinquent bill shall be governed by the laws governing
delinquent and back taxes. The tax bill from the date of its issuance
shall be deemed a personal debt against the owner and shall also be
a lien on the property until paid.