[1]
Editor's Note: Former Art. III, Detection and Abatement, adopted
and amended R.O. 2012 §§220.060 –– 220.090;
CC 1975 §§17-5 –– 17-8; Ord. No. 14 §3;
Ord. No. 474 §1, 12-5-2000; and Ord. No. 581 §1, 8-7-2007;
was repealed 9-3-2013 by Section 3 of Ord. No. 666.
[Ord. No. 666 §3, 9-3-2013]
The Chief of Police, the Director of Health and Safety, the
Building Commissioner and other City officers, each acting within
his/her own respective sphere of responsibility, shall make or cause
to be made such inspections of structures, lands and places as they
may deem advisable to determine whether any nuisance is being committed
or maintained within the City; and for such purpose they shall have
the right to enter upon private premises upon compliance with all
applicable provisions of law. Unless it appears probable that advance
warning would defeat the purpose of such entry, occupants of premises
to be entered shall be given reasonable notice in advance, and in
any case it shall be unlawful for any owner or occupant to prevent
any such entry, provided that same is sought in compliance with law.
[Ord. No. 666 §3, 9-3-2013]
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 the authority to immediately abate
the nuisance in an appropriate manner.
[Ord. No. 666 §3, 9-3-2013]
A.
In addition to other remedies and enforcement procedures set forth
in this Code, the City may proceed to abate a nuisance in accordance
with the provisions of this Section.
2.
Nuisances caused by an accumulation of trash, litter and debris may be abated in accordance with Section 220.055 of the City's Municipal Code or in accordance with the provisions of this Section.
3.
For all other nuisances, the City shall proceed as follows:
a.
Upon determining the existence of a nuisance, the Building Inspector
shall issue a notice of the violation in accordance with the provisions
of this Chapter, which shall include a date for a hearing before the
Building Commissioner. The notice shall also provide a date, not to
be later than the date scheduled for the hearing before the Building
Commissioner, for abatement of the nuisance if the owner or occupant
does not wish to contest the finding of a nuisance. Every person required
to appear shall have at least seven (7) days' notice thereof.
Such notice shall be served by either: 1) Personal service upon the
owner or occupant of the property; or 2) Mailing the notice, first
class, to the owner and occupant of the property and by posting a
copy of the notice in a prominent location on the property. Failure
to abate the nuisance or appear at the hearing before the Building
Commissioner shall result in the automatic confirmation of the Building
Inspector's finding of a nuisance, and such nuisance shall be
required to be abated within ten (10) days of the scheduled hearing
date.
b.
The hearing shall be conducted by the Building Commissioner or his
or her designee. If after hearing all the evidence, the Building Commissioner
finds that the Building Inspector's finding of a nuisance should
be confirmed and that a nuisance exists, the Building Commissioner
shall order the person to abate the nuisance within ten (10) days
or such time as the Building Commissioner may deem reasonable. Such
order shall be served in the manner provided in this Section for service
of the notice of violation. 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 established, and that a
special tax bill be issued for the costs of abating the nuisance.
A decision of the Building Commissioner may be subject to Judicial
Review in the Circuit Court of St. Louis County by filing an appropriate
Petition for Judicial Review within thirty (30) days of the Building
Commissioner's decision.
c.
If the nuisance has not been abated within the established time
period, the Prosecuting Attorney shall file an application for an
administrative search warrant with the Municipal Judge. If the owner
or occupant raises an objection or protests the finding of a nuisance
during the hearing before the Building Commissioner, such objection
or protest shall be set forth in the application for administrative
search warrant, and the owner or tenant shall have a right to appear
before the Municipal Judge before a warrant is issued. If the application
for administrative search warrant is granted by the Municipal Judge,
the appropriate City official shall proceed to abate the nuisance
in the manner provided by the order of the Building Commissioner,
and the cost of same shall be assessed as a special tax against the
property so improved or upon which such work was done and shall be
a lien against said property. The City Clerk, or his or her designee,
shall cause a special tax bill to be issued 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.
(1)
The costs and expenses incurred by the City shall include the
actual costs billed by third parties performing the abatement and
paid by the City, costs billed by the City Attorney related to the
abatement and paid by the City, costs related to the service of notices
and orders, and costs related to time spent by City personnel in performing
tasks related to the abatement and in preparation of the tax bill,
lien, or other paperwork (these costs shall be based on the time spent
in quarter of an hour increments multiplied by the hourly rate of
pay for the employee).
(2)
All City Departments shall determine and document the costs
and expenses related to abatement of a nuisance, which shall be provided
to the City Clerk or his or her designee for proper billing of such
costs and expenses and for general oversight purposes.
d.
If the bill is not paid within the time period established for
payment, notice of a special tax lien shall be recorded with the Office
of the Recorder of Deeds.
e.
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. 666 §3, 9-3-2013]
A.
In addition to the other methods of abatement and enforcement as
provided in this Code, a business license or other permit may be suspended
or revoked in the event that a business operation or establishment
is found to be maintaining a nuisance.
B.
The Building Inspector shall issue a notice of violation to the operation
or establishment that has caused or is maintaining the nuisance that
such nuisance exists and order the property owner and owner or operator
of the business (if different than the property owner) to appear before
the City Clerk, or his or her designee, at such time and place as
determined by the City Clerk, to show cause, if any, why the business
license or other permit should not be suspended or revoked. Every
person required to appear shall have at least seven (7) days'
notice thereof.
C.
Such notice shall be signed by the Building Inspector or Chief of
Police and shall be served by mailing the notice, first class, to
the address for which the permit was issued and by posting a copy
of the notice in a prominent location on the property at least seven
(7) days before the time fixed for the parties to appear. The cost
of the mailing shall be assessed against the property owner and/or
business owner.
D.
If after hearing all the evidence, it is determined that a nuisance
exists, the Building Commissioner, or his or her designee, shall order
the property owner and the owner or operator of the business to abate
the nuisance within ten (10) days or within such other time as may
be reasonable. Such order shall be served in the manner provided in
this Section for service of the notice of violation. The order may
further provide that if the nuisance is not abated within the time
prescribed, then the business license or other permit shall be suspended
for a certain period of time or revoked without further proceedings.
E.
The decision of the Building Commissioner may be subject to Judicial
Review in the Circuit Court of St. Louis County by filing an appropriate
Petition for Judicial Review within thirty (30) days of the decision.
F.
If the nuisance is not abated or other provisions of the order are
not obeyed within the established time period, the business license
or other permit shall, in the discretion of the Building Commissioner,
be suspended for a certain period of time or revoked without further
proceedings.
G.
Upon suspension or revocation of a business license, the owner and/or
operator of the business shall immediately cease operation of the
business at the location set forth in the order.
[Ord. No. 666 §3, 9-3-2013]
In addition to the other remedies provided in this Code, if
a person has violated or continues to violate the provisions of this
Chapter, the City may petition for a preliminary or permanent injunction
restraining the person from activities which would create further
violations or compelling the person to perform abatement or remediation
of the violation. In addition, the City may utilize any other remedy,
at law or in equity, in order to enforce the provisions of this Chapter.
The City shall recover all attorneys' fees, court costs, and
other expenses associated with the enforcement of this Section.
[Ord. No. 666 §3, 9-3-2013]
Nothing in this Article shall be construed to prohibit any police
officer from arresting any person for committing or maintaining a
nuisance when such arrest is made pursuant to law.
[Ord. No. 666 §3, 9-3-2013]
It shall be unlawful for any person to violate or fail to comply
with a lawful order of abatement, or to interfere with any person
duly engaged in the inspection of premises or abatement of a nuisance
or posting of notice, or in any other way to violate any of the provisions
of this Article.
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Cross Reference — As to general penalty for violations of Code, §100.210 of this Code..
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