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 Florissant.
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 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.
14.
Unlicensed dumps and licensed dumps not operated or maintained in
compliance with the ordinances of the City of Florissant 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.[1]
[1]
Editor's Note: Former Subsection 16, which immediately followed,
was repealed 6-24-2019 by Ord. No. 8520.
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 Florissant or within one-half (½) mile of the corporate
limits of the City of Florissant, 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.
[Code 1980 §11-2; CC 1990 §12-2; Ord. No. 6695, 5-28-2002]
The owner, occupant, person or lessee of any property, premises
or land shall jointly and severally be responsible at all times to
maintain such a premises free of litter, junk, garbage, rubbish and
trash. It shall be unlawful for any person to throw or deposit, litter,
junk, rubbish, garbage or trash onto any property in the City, whether
owned by such person or not; however, the owner or person in control
of private property may maintain private receptacles for the deposit
of litter, junk, rubbish, garbage or trash or other waste materials
in such a manner that such materials will be prevented from being
carried or deposited onto any public or private property.
[CC 1990 §12-3; Ord. No. 6695, 5-28-2002; Ord. No.
6710, 6-24-2002]
A.
It
shall be unlawful for the owner, occupant, person or lessee of any
property, premises or land to allow a public nuisance to exist on
such property, premises or land. Any property, premises 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 eight
(8) inches or more in height or which constitutes a breeding place
or harborage for rodents, mosquitoes, flies or other insects, litter,
junk, rubbish, garbage and trash, lumber, wood and firewood not piled
or stacked twelve (12) inches off the ground, rocks or bricks, tin,
steel, abandoned, dismantled, wrecked or inoperable motor vehicles
or parts of derelict campers, boats, trailers, motorcycles, recreational
vehicles, farm equipment, cars or trucks, snowplows, tires, household
appliances or parts thereof, furniture or parts thereof, sinks, toilets,
cabinets or other household fixtures, equipment or parts thereof,
any flammable or hazardous materials which may endanger public safety
or the keeping, storage, depositing or accumulation of any personal
property which is within the view of persons on adjacent or nearby
real property or the public right-of-way when such personal property
constitutes a visual blight, reduces the aesthetic appearance of the
neighborhood, is offensive to the senses or is detrimental to nearby
property or property values or the keeping, storage, depositing or
accumulation of any material, dirt, sand, gravel, concrete or similar
materials which is unhealthy or unsafe and declared to be a public
nuisance.
B.
Building
and construction materials being used or to be used for a project
of repair or renovation for which an active building permit is in
existence may be stored for as long as is reasonably necessary to
complete the project, provided however, within fourteen (14) days
following the expiration or cancellation of the building permit, all
building and construction materials shall be removed from the premises,
property or land and the failure of the owner, occupancy, person or
leasee to remove such building or construction materials within the
aforementioned fourteen (14) days shall be deemed to be a public nuisance.
[Code 1980 §11-3; CC 1990 §12-4; Ord. No. 6695, 5-28-2002; Ord. No. 7588 §1, 4-14-2009; Ord. No. 8520, 6-24-2019]
A.
When
a public nuisance as described above exists, it shall be a misdemeanor
subject to prosecution in the Florissant Municipal Court. In addition,
the Building Commissioner may so declare the public nuisance and give
written notice to the owner and occupant(s) of the property by personal
service, certified mail, if otherwise unsuccessful, by posting of
the property publication. However, no enforcement action or abatement
will be ordered against an individual who was a victim in the whole
or in part of the incidents that formed the basis of the nuisance
enforcement action. No occupancy permit revocation or other abatement
measure against an individual will be predicated upon the fact that
such individual called for police or emergency service.
Such notice shall, at a minimum:
1.
Declare that a public nuisance exists;
2.
Describe the condition which constitutes such nuisance;
3.
Order the removal or abatement of such condition within seven (7)
days from the date of service of such notice;
4.
Inform the owner that he/she may file a written request for a hearing
before the Building Commissioner 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 Commissioner 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. If weeds, grass or overgrown vegetation are permitted
to grow or accumulate on private property in violation of this Article
more than one (1) time during the same growing season and, pursuant
a notice of violation was given to the owner or the property was posted
as provided for herein for any such prior violation during the same
growth season, then the Director of Public Works or his/her designee
may, without further notification to such owner, remove such weeds,
grass or overgrown vegetation, lying or located upon the property
or upon the sidewalk abutting same and may collect the costs of such
removal in the manner set forth herein.
[Code 1980 §11-4; CC 1990 §12-5; Ord. No. 6695, 5-28-2002]
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 Commissioner shall
cause the condition which constitutes the nuisance to be removed.
If the Building Commissioner causes such condition to be removed or
abated, the cost of such enforcement shall be certified to the City
Clerk and/or 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.
