[R.O. 2011 §8.24.140; Code 1950 §603.5; Prior Code
§22-7 (part); Ord. No. 5529 §1, 4-21-1986; Ord. No. 5750 §1, 4-16-1990; Ord. No. 5757 §1, 6-18-1990; Ord. No. 5855 §1, 7-27-1992]
Graffiti on private property exposed to public view shall constitute
a nuisance. A citation requiring the abatement within ten (10) days
shall be served on the owner of the property bearing the graffiti
by U.S. mail, postage prepaid. Within said ten (10) day period, the
property owner involved may request a hearing to be held in the office
of the City Manager or Deputy City Manager. All work in eradicating
the graffiti shall be done in a thorough and workmanlike manner.
[R.O. 2011 §8.24.150; Code 1950 §603.11; Prior
Code §22-14]
Whenever any stable, stall, shed or compartment, or any yard
or appurtenance thereof in which any horse, cattle, cows, swine or
any other animal shall be kept, or any place within the limits of
the City in which manure or liquid discharges of such animals shall
collect or accumulate, and which stable, stall, shed or compartment,
or any yard or appurtenance thereof is not kept in a cleanly and wholesome
condition, so that no offensive smell shall be allowed to escape therefrom,
it shall be deemed a nuisance; provided that nothing in this Section
shall be so construed as to include manure deposits upon any private
property for the purpose of cultivating the same.
[R.O. 2011 §8.24.160; Code 1950 §603.12; Prior
Code §22-15]
The accumulation upon any premises, lot or parcel of ground
in the City, or the discharge thereof upon any public street, alley
or private property, of urine, liquid waste from stables, swill, water
from privy vaults, wastewater from sinks, wash water, or any foul
or nauseous liquid waste of any kind whatever shall constitute a nuisance.
[R.O. 2011 §8.24.170; Code 1950 §603.21; Prior
Code §22-16]
Any lot or piece of ground within the City on which there is
a pond or pool of unwholesome, impure, stagnant or offensive water
shall be deemed a nuisance.
[R.O. 2011 §8.24.180; Code 1950 §603.15; Prior
Code §22-17]
It is unlawful and deemed a nuisance for any person to deposit
any dead animals or excrements or filth from privies or any hay, straw,
dirt or rubbish of any kind or description, or any filthy water or
manure upon any streets, alleys or public or private property in the
City.
[R.O. 2011 §8.24.190; Code 1950 §603.13; Prior
Code §22-18]
The accumulation or existence upon any premises, lot or parcel
of ground in the City of any putrid and unsound meat, pork, fish,
hides, decayed vegetables or food, manure, garbage, offal, rubbish,
dirt or filth of any kind, which, by its decay or putrefaction, could
or would become offensive to human beings or detrimental to health,
shall constitute a nuisance.
[R.O. 2011 §8.24.200; Code 1950 §603.16; Prior
Code §22-19]
Any unclean, stinking, foul, defective or filthy drain, ditch,
tank or gutter, or any leaking, broken slop, garbage or manure boxes,
or receptacles of like character, whenever found within the limits
of the City, shall be deemed a nuisance.
[R.O. 2011 §8.24.210; Code 1950 §603.18; Prior
Code §22-20]
Whenever there shall be found in or upon any lot or piece of
ground within the City any dirt gathered in cleaning yards, waste
or mills or factories, or any rags, damaged merchandise, wet, broken
or leaking barrels, casks or boxes, or any materials which are offensive
or tend by decay to become putrid or to render the atmosphere impure
or unwholesome, the same shall be deemed a nuisance.
[R.O. 2011 §8.24.220; Code 1950 §603.20; Prior
Code §22-21]
Whenever in any cellar, basement or part thereof of any house
or building within the City there may be found water occasioned by
leakage from defective hydrants, water pipes, sewer pipes, cisterns
or wells, gutters, drains, rainspouts or seepage from the surrounding
earth, or the walls of any cellar or basement shall be found to be
damp or moist from any of the causes named in this Section, then such
water, leakage, seepage or moisture shall be deemed a nuisance.
[R.O. 2011 §8.24.230; Code 1950 §603.23; Prior
Code §22-22]
Any open, uncovered or unprotected well or cistern on any premises
within the City, or any well or cistern containing water which a chemical
analysis discloses to be impure or unwholesome in nature shall be
deemed a nuisance.
[R.O. 2011 §8.24.240; Code 1950 §603.25; Prior
Code §22-23]
It is unlawful and a nuisance for any person in the City to
suffer or permit any gutters fronting or adjacent to any lot or premises
occupied or owned by him/her to become so clogged or stopped up by
an accumulation of filth or mud as to prevent the free passage of
water along and through them.
[R.O. 2011 §8.24.250; Prior Code §22-24; Ord. No. 4778 §1]
It is unlawful for any person, firm or corporation to maintain
any lot, tract or parcel of land in the City in such a manner so as
to cause erosion, alteration of the natural topography and grade of
land, or depletion of natural deposits of topsoil and other natural
materials. If in the determination of the City Forester the only feasible
method of soil erosion control is by revegetation, specifications
for the work shall provide that the lot, tract or parcel shall be
harrowed or raked to establish a seedbed and shall be seeded with
grass, permanent pasture mixture, or other approved fast-growing vegetation
and shall be repeated as often as necessary until the lot, tract or
parcel is stabilized.
[Ord. No. 6901 §3, 12-10-2012]
A.
Defined. A criminal nuisance exists when one (1) or more
incidents, acts, or physical conditions of premises are unabated by
an owner after notice of same has been provided in accord with this
Section. An actionable criminal nuisance shall require proof of more
than one (1) of the following incidents, acts, or physical conditions
occurring and recurring within twelve (12) months:
1.
The illegal sale, manufacture, storing, possession, distribution,
or use of narcotics or other controlled substances or precursors;
2.
The illegal sale, manufacture, storing, possession, distribution
or use of drug paraphernalia or precursors;
3.
The illegal sale, storing, possession, use or distribution of a firearm(s),
weapons or explosive devices;
4.
Prostitution;
5.
Illegal gambling;
6.
The illegal sale, distribution or consumption of alcoholic beverages;
or
7.
Any other condition or activity prohibited by the Municipal Code
of the City of University City or by State or Federal law and injurious
or detrimental to the health, safety, welfare, or convenience of the
inhabitants of the City, including chronic building code violations.
B.
Warrant Authorized. In determining the occurrence or recurrence of a criminal nuisance, or in effecting the abatement of a criminal nuisance, the Municipal Court may issue a warrant as provided in Section 240.020 hereof.
C.
Violation And Notice.
1.
Whenever a criminal nuisance exists on any premises, written notice
shall be given to the owner. The notice shall:
a.
Be accompanied by a copy of this Section;
b.
Identify the activities or conditions constituting the nuisance;
c.
Direct the owner to immediately abate the nuisance;
d.
Inform the owner that any recurrence of the nuisance so specified
or any occurrence of another criminal nuisance on the premises within
the following twelve (12) months may lead to criminal prosecution
and administrative enforcement under this Section; and
e.
Provide the owner with a reasonable opportunity to meet with a City
representative to discuss the nuisance and the need for abatement
measures.
2.
The notice shall be personally delivered or sent by first class United
States mail and by certified, return receipt mail, and a copy shall
also be posted in a prominent place on the premises.
D.
Prosecution. Any owner who engages in, encourages, permits,
or fails to abate a criminal nuisance after receiving any required
notice to abate same may be charged with permitting or maintaining
a nuisance in violation of this Section. An owner convicted of the
charge shall be subject to a fine and imprisonment not to exceed one
thousand dollars ($1,000.00) and ninety (90) days in jail, or both.
Each occurrence of a criminal nuisance within the twelve (12) month
time frame, regardless of proximity in time to any other nuisance
violation, shall be deemed a separate and distinct offense for which
a summons may be issued. If the owner fails to abate a criminal nuisance
after having received notice to abate, each day that the charged violation
continues to exist shall constitute a separate offense and shall be
subject to the imposition of separate penalties by the Municipal Court.
E.
Administrative Enforcement.
1.
If additional nuisance activity occurs on the noticed premises within
twelve (12) months of the date of the notice, the City may initiate
an administrative hearing to ensure the abatement of the criminal
nuisance. Administrative enforcement may be pursued in addition to
or in lieu of criminal prosecution.
2.
The City's Prosecuting Attorney shall issue a notice of hearing to
the owner of the subject premises. The notice shall be personally
delivered or sent by first class United States mail and by certified,
return receipt mail, and a copy shall also be posted in a prominent
place on the premises. The notice shall:
a.
Provide a time, date, and location for the hearing, with the date
being not less than thirty (30) days from the date of the notice;
b.
Identify the activities or conditions constituting the nuisance;
c.
Direct the owner to immediately abate the nuisance;
d.
Provide the owner with a reasonable opportunity to meet with a City
representative to discuss the nuisance, the need for abatement, and
the hearing; and
e.
Be accompanied by a copy of this Section.
3.
The City Manager or a designee shall serve as hearing officer and
shall be represented by the City Attorney. The hearing officer:
4.
Conduct of the hearing.
a.
The hearing officer shall:
(1)
Take all testimony under oath or affirmation,
(2)
Ensure that the hearing is recorded, whether by tape recording,
digital recording, or a court reporter, and
(3)
Conduct the hearing in accord with Section 536.070, RSMo., with
regard to the rules of evidence, objections, witnesses, judicial notice,
affidavits as evidence, and the transcript requirements of the hearing.
b.
The case for the City shall be presented by the Prosecuting Attorney,
and the City shall prove, by a preponderance of the evidence, that
criminal nuisance activity as defined herein has occurred and has
recurred on the noticed premises within twelve (12) months of the
date of the original notice.
c.
Proof of a conviction under this Section or any other germane municipal
ordinance or State law violation shall be prima facie evidence of
the occurrence or recurrence of criminal nuisance activity.
d.
The owner may appear and be represented by an attorney, who shall
file a written appearance with the hearing officer, and the owner
may offer evidence and cross-examine the City's witnesses.
e.
The owner shall have the opportunity to:
(1)
Contest the occurrence and recurrence of the criminal nuisance,
(2)
Show cause as to why, if a nuisance is found, administrative
enforcement is not otherwise necessary or appropriate,
(3)
Submit evidence or argument concerning possible administrative
remedies, and the scope and extent thereof, if a nuisance is found,
and
(4)
Offer such further evidence and argument as may be relevant
to the proceedings.
5.
On conclusion of a hearing, the hearing officer shall issue findings
of fact, conclusions of law, and an order setting forth the hearing
officer's determination.
a.
If the hearing officer finds that the City has failed to carry its
burden of proof on whether criminal nuisance activity has occurred
or recurred, there shall be no administrative enforcement;
b.
If the hearing officer finds that criminal nuisance activity has
occurred and recurred, the hearing officer shall order the owner to
implement reasonable measures designed to prevent the recurrence of
the nuisance activity or to otherwise abate the nuisance. Those measures
may include, but are not limited to, making necessary improvements
to the premises, whether security or otherwise, hiring of licensed
and insured security personnel, appointment of a property manager
or receiver, initiation and execution of eviction proceedings against
tenants or occupants who engaged in the nuisance behavior, or the
closing and boarding of the premises for a period not to exceed one
(1) year. If the owner fails to so act within the time allowed by
the hearing officer's order, the City may implement the ordered abatement
procedures.
c.
The hearing officer's order shall inform the owner of the right to
seek judicial review as provided in Sections 536.100 to 536.140, RSMo.
6.
If the hearing officer determines that a nuisance exists and orders
that the abatement of the nuisance requires closure of the subject
premises, the following shall apply:
a.
If the premises is occupied at the time of the order of closure,
the building shall be deemed condemned and shall be vacated in accordance
with the laws of University City. It is unlawful for any person to
occupy or use any premises ordered to be closed under this Section.
b.
Prior to any re-occupancy, the premises shall be inspected by all
germane City, State, and Federal inspectors, and the premises shall
be in compliance with all applicable City, State, and Federal health,
safety, property maintenance, and building regulations.
c.
Any licenses, permits, or certificates pertaining to the occupancy
or use of the subject premises and in effect at the time of an order
of closure shall be forfeited.
