City of Berkeley, MO
St. Louis County
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Table of Contents
Table of Contents
[Ord. No. 3314 §3, 3-6-1995]
A. 
It shall be unlawful for any person to abandon a motor vehicle on the right-of-way of any public road or highway, or on or in any of the waters of the City or on the banks of any stream, or any land or water owned, operated or leased by the State or City, any Board, Department, Agency or Commission thereof, or any political subdivision of this State, or on any land or water owned, operated, or leased by the Federal Government or on any private real property owned by another without his/her consent.
B. 
It is hereby declared a nuisance to maintain any partly dismantled, wrecked, dilapidated, abandoned or inoperative automobile or other motor vehicle or parts thereof which are found upon any private property, and which are not housed in a garage, basement or other enclosed building or except as authorized by the Zoning Code of the City. Any motor vehicle or automobile or any elements thereof found disassembled upon private property shall be considered to be dismantled, abandoned, wrecked or dilapidated for the purpose of this Section when such automobile or other vehicle is found lacking essential component parts which prevent it from being immediately operative under its own power or which vehicle or automobile is not properly licensed.
C. 
No person shall create, cause, permit or maintain a nuisance, as defined by this Section.
1. 
Whenever it comes to the attention of the City, or the City becomes aware of the existence of a nuisance, the City shall investigate the nuisance and have prepared a report concerning the same. If a nuisance is found to exist, a warning notice shall be left with any person occupying such property, whether such person is the owner, renter or lessee thereof, by delivering such warning notice to such person, or if no one is present in the property or refuses to accept the notice, then by posting the warning notice on the front, or side or rear entrance to the residence or building.
2. 
The warning notice provided in Subparagraph (1) shall contain:
a. 
The address or legal description of the property;
b. 
The ordinance number of the ordinance being violated;
c. 
The nature of the violation, and the date by which such violation shall be removed or abated; and
d. 
A notice of the penalty for failure to remove or abate the nuisance, stating that if the nuisance reoccurs by the same occupier, owner or person in charge, a summons will be issued without further notice.
3. 
If the nuisance occurs on unimproved property or where the residence or building is unoccupied, the property may be posted as provided in Subparagraph (1), and if the property is unimproved by placing the notice upon a tree or other object upon such property, as may be available.
4. 
A notice in writing containing the same information as provided on the warning notice provided in Subparagraph (1) shall be sent to the owner or any other person having control of the property at the last known address of the owner, or at the address of the person having control, by ordinary mail, postage prepaid.
D. 
Once a notice has been given to the head of the household, the renter, the lessee, or the person having control or the owner of a lot or tract of land in or on which a nuisance has been created or maintained, and after abatement thereof, the same nuisance recurs in or on the same lot or tract of land by the same person or persons responsible therefore, no further notice need be given. Thereafter such responsible person or persons may be summoned into Municipal Court to answer to the charges against him/her. In addition to the court costs normally assessed in all such cases, there shall be added thereto all costs incurred by the City in abating the nuisance, as set out in this Section.
E. 
Upon neglect or failure to act upon the warning notice by the property owner, the City shall issue a summons as follows:
1. 
If a warning notice is given as provided in this Section, and if after the time for removal or abatement has lapsed the property is reinspected and the inspecting officer finds and determines that the nuisance has not been removed or abated, the inspecting officer shall fill out and sign as the complainant a complaint and information form, hereinafter referred to as a summons, directed by name to the occupant, owners, or person in charge of the property, showing the address or legal description of property on which the nuisance is located, and such other information as may be available to the inspecting officer as shown on the summons, and specifying the Section of the Chapter which is being violated and setting forth in general the nature of the nuisance, and may serve the summons on the occupant, owners, or person in charge, or any or all of such persons. The summons shall contain a date on which the case will be on the Municipal Court docket for hearing. The City Attorney or Assistant City Attorney shall sign the original copy of all such summons, and the original thereof shall be forwarded to the Clerk of the Municipal Court for inclusion on the court's docket for the date shown on the summons.
2. 
If no one is found at the property to accept a summons for failure to remove or abate a nuisance, the inspecting officer shall fill out and sign the summons as the complainant as provided in Subparagraph (1) and deliver the original and one (1) copy of the summons to the Clerk of the Municipal Court, who shall verify or insert the date that the case has been set for hearing before the Municipal Court. The Clerk shall then mail the copy of the summons by ordinary mail, postage prepaid to the person named therein at the address shown on the summons, or at such other address as the person charged therewith may be found, or shall be known to reside. If the mail is duly addressed to the person named in the summons at the address as provided above and is not returned to the City, it shall be deemed to have been delivered and received by the person to whom addressed.
3. 
If the occupant, owner or person in charge of property for which a warning notice has been given to remove or abate a nuisance, fails to remove or abate the nuisance in the time specified in the notice, whether on public or private property, the City may remove the same and thereby abate the nuisance and, if necessary, may lawfully enter upon the property on which the nuisance remains unabated to remove or abate such nuisance at the costs of the person or persons responsible for creating or maintaining the nuisance, if the cause therefor lies with any of the persons as defined in this Section.
4. 
All costs and expenses incurred by the City in removing or abating any nuisance on any private property may be assessed against the property 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 nuisance, whether on public or private property, may be made a part of the judgment by the Municipal Judge, in addition to any other penalties and costs imposed, if the person charged either pleads guilty or is found guilty of causing, creating or maintaining a nuisance on public or private property.
5. 
In all cases where the nuisance on public or private property is the first offense for the person charged therewith, the warning notice provisions of this Section shall be observed. The notice shall specify the number of days in which the nuisance shall be removed or abated, which time shall not be less than three (3) days nor more than ten (10) days, except in emergency cases.
6. 
In all cases where the nuisance on public or private property is a repeat offense on such property, the warning notice provisions of this Section shall be observed.
F. 
Each violation of this Section shall be a misdemeanor, punishable by a fine of not less than five dollars ($5.00) and not more than five hundred dollars ($500.00) or by imprisonment for a period not to exceed three (3) months or by both such fine and imprisonment.