[CC 1985 §12-1; Ord. No. 2354 §3, 9-16-1980; Ord. No. 3521 §1, 12-14-2006; Ord. No. 4253, 10-10-2019; Ord.
No. 4428, 8-25-2022]
A.
As used in this Article, the term "nuisance" shall mean and include:
1.
Any act done or committed or suffered to be done or committed
by any person or any substance or thing kept, maintained, placed or
found in or upon any public or private place within the City which
is injurious, dangerous, unsafe or offensive to the public;
2.
Any pursuit followed or act done or omission failed to be done
by any person which is injurious, dangerous, unsafe or offensive to
the public;
3.
Any accumulation or deposit of any vehicular or equipment parts,
appliances, junk or material of any nature upon open ground or any
accumulation of food or other materials improperly stored or disposed
of inside or outside a building, where such accumulation or deposit
may constitute an attractive nuisance or danger to children or a possible
breeding ground for vectors, vermin, rodents and other animals;
4.
Any slaughterhouse, stockyard, stable, cattle yard, hog, sheep
or cow pen which is offensive, injurious, obnoxious, or unsafe to
the public;
5.
Diseased animals running at large;
6.
Any pond or pool of stagnant water or any foul or dirty water
or liquid discharged through any drain pipe or spout or thrown into
or upon any street, alley, thoroughfare or lot which is injurious,
dangerous, offensive, unhealthy or unsafe to the public;
7.
Any obstruction caused or permitted on any street, sidewalk,
public or private alley which is injurious, dangerous, offensive,
inconvenient, unsafe or unhealthy to the public;
8.
Any stone, dirt, filth, slops, vegetable matter, animal matter,
yard wastes or other articles thrown or placed in or upon any street,
alley, sidewalk or other public place which is injurious, dangerous,
unsafe or offensive to the public;
9.
Soot, cinders or manure in inordinate quantities;
10.
The placing or storage of any green or salted hides which cause
an odor which is injurious, dangerous, obnoxious, offensive, unhealthy
or unsafe to the public;
11.
Any substances that emit foul, noxious or unhealthy odor or
effluvia, or substances which are liable to become putrid, offensive
or unhealthy which are injurious, dangerous, unhealthy, unsafe or
offensive to the public;
12.
Any cellar, vault, private drain, pool, privy, sewer, sink or
container which may be sufficiently tightly closed to cause suffocation
or which is injurious, dangerous, unsafe or offensive to the public
health;
13.
Any residential or commercial structure in the City leased,
let, rented or occupied by any person which is not sufficiently lighted,
ventilated, heated or provided with water, or not kept in a clean
and sanitary condition, or does not have operable doors or windows
that secure the building which is dangerous, injurious, obnoxious,
offensive or unsafe to the public;
14.
Any house, building or tank within the City used for the special
or exclusive storage of powders or dynamite, with a glycerin, coal
oil or other explosive substance, detrimental to the public health
or endangering human life or any house, building or store wherein
small quantities of such explosives are kept, exposed or insecure
or kept in any manner so as to endanger the public;
15.
Obstructions to view of drivers or pedestrians caused by natural
growth on any lot within City limits. This nuisance includes, without
limitation, tree limbs or tree leaves located less than twenty (20)
feet from the curb of any street and which extend into an area twelve
(12) feet above the surface of such street so as to create an obstruction
to view or other hazard for drivers and pedestrians. This nuisance
also includes other vegetation such as plants, flowers, shrubs and
bushes which are located less than twenty (20) feet from the curb
of any street and extend three (3) feet higher than the surface of
such street so as to create an obstruction to view or other hazard
for drivers and pedestrians;
16.
Any airtight or semi-airtight container of any type designed
for storage which is stored, discarded or abandoned and left in any
place accessible to children and which has not had the door or latching
mechanism removed;
17.
Any outdoor publicly visible storage of items, including, but
not limited to, tools, household appliances, tires, wheels, automotive
parts, scrap building materials, inoperable machinery or equipment,
recyclables, broken furniture or indoor furniture.
[CC 1985 §12-2; Ord. No. 2354 §1, 9-16-1980]
It shall be unlawful for any person to carry on or permit to
be carried on or maintained any of the acts or things or conditions
defined as nuisances within the boundaries of the City and within
one-half (½) mile of the boundaries thereof.
[CC 1985 §12-3; Ord. No. 2354 §7, 9-16-1980]
The owner of any premises or his/her agent in charge thereof,
as well as the tenant or occupants of such premises, are hereby charged
with the duty of observing all of the requirements and provisions
of this Article with reference to nuisances and any or all of such
persons, together with the person causing or contributing to cause
or bring about any nuisance, may be charged with the violation thereof
and shall be equally liable.
[CC 1985 §12-4; Ord. No. 2354 §5, 9-16-1980]
A.
Whenever
the Board of Aldermen receives notification that a nuisance may exist,
it shall proceed as follows:
1.
The Board shall investigate the alleged nuisance and may order any
person who has caused or is maintaining the nuisance to appear before
the Board at such time and place as it 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.
Notice of abatement shall be signed by the Chief of Police or City
Administrator and shall be served upon the person maintaining the
nuisance by delivering a copy thereof to such 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 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 of Aldermen.
3.
If after hearing all the evidence the Board of Aldermen determines that a nuisance exists, it may direct the Chief of Police or other City Official to order the person maintaining the nuisance to abate nuisance within twenty (20) days or within such other time as the Board may deem reasonable. Such order shall be served in the same manner provided in Subsection (2) 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 of abatement has not been obeyed within the time period
set by the Board of Aldermen, 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. If so ordered, the City Clerk shall cause
a special tax bill for the costs of abatement against the owner of
the property improved 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.
Special tax bills for the costs of abatement of nuisances 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.
[Ord. No. 3521 §2, 12-14-2006]
A.
At
reasonable times, the city clerk, building inspector, Chief of Police
or duly authorized representative of the city clerk, building inspector
or Chief of Police may enter upon private property for inspection
or for the purpose of determining the existence of a nuisance as defined
in this article. If any person refuses to allow entry onto private
property, the city clerk, building inspector or Chief of Police may
obtain an administrative search warrant from the municipal court in
accordance with the provisions of this Code and shall proceed in accordance
therewith.
B.
Any
City Official or City employee authorized to abate any nuisance declared
pursuant to this chapter and any person or contractor employed or
contracted with by the City for the abatement of such nuisance and
any agent or employee of such contractor shall have the right of lawful
entry for that purpose into and upon any premises where such nuisance
exists.
[CC 1985 §12-6; Ord. No. 2354 §4, 9-16-1980]
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 Mayor or City Administrator shall have the authority
to order the Chief of Police or other City Official to immediately
abate the nuisance in an appropriate manner.
[CC 1985 §12-7; Ord. No. 2354 §8, 9-16-1980]
The provisions as contained in this Article for abatement of nuisances shall not be exclusive and the City may pursue any additional remedies it may have as provided by law, including court suit. Upon trial and conviction for causing or maintaining a nuisance, the cost of removing or abating the nuisance may be made a part of the judgment by the Municipal Judge, in addition to the fine imposed; provided however, that the additional cost shall be in lieu of the issuance of a tax bill as provided in Section 215.040.
[CC 1985 §12-8; Ord. No. 3175 §1, 9-13-2001]
Except as otherwise provided in the Code of Ordinances of the City of Ste. Genevieve, the following penalties are hereby established for violations of Chapter 215 of the Code of Ordinances of the City of Ste. Genevieve:
|
Initial notice of violation:
|
$100.00 fine plus costs.
|
|
Second notice of violation:
|
$300.00 plus costs.
|
|
Third notice of violation and all subsequent notices of violation:
|
$500.00 plus costs and up to ninety (90) days of imprisonment
in the County Jail.
|
