[R.O. 2009 §215.010; Ord. No. 867 §3, 8-26-2009]
It shall be 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 Pasadena Hills, 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.
[R.O. 2009 §215.020; Ord. No. 867 §3, 8-26-2009]
A.
The
following conditions, acts and business operations are hereby declared
to be nuisances affecting public health:
1.
Stagnant water and water collected and allowed to stand for more
than twenty-four (24) hours and any land disturbance or condition
or the presence of containers, old tires, debris or other conditions
which lend themselves to the collection and retention of pools or
puddles of water which may become stagnant. This Subsection shall
not include swimming pools, decorative or patio ponds or fountains
or other containers where the water is continuously filtered, cleaned
or cycled.
2.
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.
3.
Any storage or accumulation on any premises or any open lot of any
lumber, bricks, stones, gravel, concrete, dirt, sand or similar materials,
unless the same shall be stored in permanently constructed structure
which is fully enclosed.
4.
The presence of debris of any kind including, but not limited to,
weed cuttings, cut and fallen trees and shrubs, rubbish and trash,
rocks or bricks, tin, steel, parts of derelict cars or trucks, broken
furniture, any flammable material which may endanger public safety
or any material which is unhealthy or unsafe.
5.
Any accumulation, deposit or outside storage or any vehicular or
equipment parts, inoperable appliances and other equipment, junk or
material of any nature where said accumulation, deposit or outside
storage may constitute an attractive nuisance danger to children,
provide a breeding or nesting area for vermin, rodents and other animals
or collect stagnant water.
6.
Any and all infestation of flies, fleas, roaches, lice, ticks, rats,
mice, fly maggots, mosquito larvae and hookworm larvae.
7.
The keeping of animals and fowls in any area within the City where
the keeping of such animals is not permitted or in any unclean or
filthy pen, shed or other enclosure.
8.
All diseased animals running at large.
9.
Carcasses of dead animals not buried or destroyed within twenty-four
(24) hours after death.
10.
Any land disturbance, grading or unnatural condition of land which
causes erosion of mud, dirt, silt or debris onto neighboring properties
or public property; which causes the unnatural storm water runoff
onto neighboring properties or public property; or which causes any
hazardous condition which is detrimental to the property, health,
safety and welfare of the public.
11.
Dead or dying trees.
12.
The shining of artificial light onto public or private property as
to be an annoyance, hurt, injury or inconvenience other persons.
13.
Any loud or obnoxious noise clearly discernible past the lot lines
of the property.
14.
The presence on any property of any steel-jawed animal traps or similar
devices.
15.
Structures, including buildings and accessory structures such as
fences and sheds, which are only partially constructed or which are
in such a state of disrepair as to affect the health, safety and welfare
of the citizens of Pasadena Hills or which are maintained in violation
of the zoning or building codes of the City.
16.
Any accumulation or storage of firewood in the front yard of any
lot, other than in a commercially manufactured decorative firewood
rack on the front porch, or in the rear yard of any lot unless evenly
piled or stacked either on open racks elevated not less than six (6)
inches above the ground or on a durably paved surface.
17.
The maintenance, storage or use of any furniture outside a fully
enclosed structure, unless the furniture is designed and built for
exterior use and to resist damage and deterioration by the elements.
18.
Water or other liquid diverted from a sump pump or other type of
device which flows onto streets and sidewalks.
19.
Any land disturbance activity or area where vegetation has been cleared
or has not been maintained or other condition which results in the
runoff of mud, dirt, rocks or any other material onto sidewalks, streets
or other rights-of-way or into creeks, streams, drainage ditch or
any storm water system or facility.
20.
The discharge onto any street, sidewalk or right-of-way or into any
creek, stream, drainage ditch or storm water system of 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 water drainage or
the storm system or interfere with the proper operation of the system
or which will pollute the natural creeks or waterways or cause a hazard
to the public.
21.
Every privy, privy vault, cess pool, septic tank or other receptacle
of any kind containing waste or other liquid substances which is overflowing,
full, insecure or in a defective condition or which emits offensive,
noxious or unhealthful odor to the neighborhood or which permits discharges
in violation of State law or ordinance.
22.
Garbage cans which are not securely covered, which are leaking, which
are unsanitary or which do not prevent the entry of flies, insects
and rodents and garbage cans which have been left or stored along
public roads, sidewalks and rights-of-way in the City of Pasadena
Hills for more than thirty-six (36) hours.
23.
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.
24.
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 the premises, occupant or to any
other person.
25.
Any vehicle used for septic tank cleaning, hauling of garbage or
similar type of function which does not meet the requirements of the
Code of Ordinances for the City of Pasadena Hills.
26.
Any vehicle used for garbage or rubbish disposal which is not equipped
with a water-tight 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.
27.
The parking or storage of any derelict, unlicensed or non-functional
vehicle, trailer, boat, camper or other recreational vehicle in violation
of the ordinances of the City of Pasadena Hills.
28.
All decayed or unwholesome food offered for sale to the public or
offered to the public at no charge.
29.
Common drinking cups, roller towels, combs, brushes or eating utensils
in public or semi-public places where not properly sanitized after
use.
30.
Unlicensed dumps and licensed dumps not operated or maintained in
compliance with the ordinances of the City of Pasadena Hills or State
law.
31.
The presence of any graffiti displayed on exterior surfaces of property. "Graffiti" is hereby defined as any word, phrase, motto,
name, design, symbol or picture written, scribbled, painted, drawn,
etched or scratched directly onto any portion of public property or
onto an exterior surface on private property.
32.
Any obstruction or encumbrance of any street, curb, alley, cul-de-sac,
sidewalk or right-of-way within the City by placing or causing to
be placed barricades, objects or other obstructions, including, but
not limited to, signs, boxes, stones, junk, portable basketball hoops,
etc., on such streets, curbs, alleys, cul-de-sacs, sidewalks or right-of-way
unless such placement is permitted by the City or permitted under
the provisions of this Code.
33.
Any business operation or establishment, although licensed or permitted,
which is operating in violation of any law, ordinance or permit or
plan condition or which is causing or maintaining any condition which
is detrimental to the health, safety and welfare of the inhabitants
of the area.
34.
All other acts, practices, conduct, business, occupation callings,
trades, uses of property and all other things detrimental or certain
to be detrimental to the health of the inhabitants of the City of
Pasadena Hills.
35.
Any failure to repair or replace roofing material that has been
damaged, destroyed, obsolete, worn out, or removed from any exterior
roof of any building, structure or appurtenances located within the
City of Pasadena Hills. Further, any tarpaulin, tarp, canvas, or such
material shall not be allowed to remain on any exterior roof of any
building, structure, or appurtenance for more than ninety (90) days,
and allowing said tarpaulin, tarp, canvas, or such material to remain
on any exterior of any building, structure, or appurtenance shall
constitute a nuisance.
[Ord. No. 913, 3-14-2012]
[R.O. 2009 §215.030; Ord. No. 867 §3, 8-26-2009]
A.
For
the purpose of examining the sanitary condition thereof and for the
discovery and abatement of public nuisances therein, any Code Enforcement
Officer, Police Officer or other official, agent or employee of the
City are hereby authorized to:
1.
Inspect property from any adjoining public property or from adjoining
private property if the owner of the neighboring private property
has given consent to such entry; and
2.
Enter and inspect all property, buildings and parts of buildings
and other premises pursuant to lawful authority which shall include
consent of the owner of the property, valid administrative search
warrant or in areas where the owner of which has no expectation of
privacy.
[R.O. 2009 §215.035; Ord. No. 867 §3, 8-26-2009; Ord. No. 873 §1, 11-9-2009]
A.
Every person, occupant, tenant, owner or every officer or agent or employee of any corporation or other entity who shall cause or maintain any nuisance shall be deemed guilty of an offense and upon conviction thereof shall be punished as provided in Section 100.220 of this Code. Each and every day such nuisance is maintained after such notice shall constitute a separate and distinct offense punishable in such manner.
B.
Any
Code Enforcement Officer or Police Officer of this City is hereby
authorized to issue a citation requiring an appearance before the
Municipal Judge at the date and time as specified in the citation.
In addition, any other City official, elected or appointed, may be
authorized to issue such a citation upon authorization from the Mayor.
The citation shall, in sufficient detail, describe the nuisance and
state the name of the person to appear. The form of the citation shall
be approved by the Municipal Judge. In lieu of a citation, any Code
Enforcement Officer or Police Officer of this City is hereby authorized
to file a complaint with the municipal prosecutor detailing the circumstances
of the nuisance and the person responsible therefor; such complaint
shall serve as a basis to file and issue an appropriate information
and summons to the person maintaining a nuisance in order to charge
and proceed in all respects in the Municipal Court as in other cases
involving violations of City ordinance.
[R.O. 2009 §215.040; Ord. No. 867 §3, 8-26-2009]
Nothing in this Chapter or other ordinances relating to public
nuisances, including the failure to set forth a particular condition
as constituting a nuisance or denominated by a particular ordinance
as offenses or prescribing penalties therefore, shall be construed
as limiting or interfering with the duties and powers of any City
Official relative to the condemnation and abatement of any matter
which in law constitutes a public nuisance.
[R.O. 2009 §215.050; Ord. No. 867 §3, 8-26-2009]
A.
Before
any abatement action is taken with respect to any nuisance, the Code
Enforcement Official shall give written notice to the person or persons
causing or maintaining such nuisance and shall order such person or
persons to abate the same within a reasonable time to be specified
in such notice. If the City contemplates abatement of the nuisance,
then the notice shall also set forth the date, time and place for
hearing and shall order such person to appear before the Commissioner
of Community Development or his/her designee at such time and place
as the Code Official may direct to show cause, if any, why the nuisance
should not be abated.
B.
Such
notice may be served by the Code Enforcement Officer or any Police
Officer of the City. A copy of such notice shall be kept by the officer
serving the same who shall make his/her written return thereon stating
how, when, on whom and where he/she served the same and subscribe
his/her name thereto. Such notice may be served by delivering the
same to the person or persons to be notified or a copy thereof left
at the usual place of abode of such person with a member of the family
over the age of fifteen (15) years, unless otherwise provided in this
Chapter.
C.
Provided
that if the nuisance is being maintained upon property to which record
title is held by a person or corporation not a resident of this City,
a notice prescribed in this Section may be served by posting a copy
thereof in plain view upon such property at least ten (10) days before
any further action be taken by the City with regard to said nuisance
and mailing a copy to the person maintaining the nuisance at the address
as reflected in the County tax or real estate records.
[R.O. 2009 §215.060; Ord. No. 867 §3, 8-26-2009]
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.
[R.O. 2009 §215.070; Ord. No. 867 §3, 8-26-2009]
A.
In
addition to other remedies and enforcement procedures set forth in
this Code, the City may proceed to abate the nuisance in accordance
with the provisions of this Section.
1.
Nuisances caused by high grass, weeds, brush and vegetation may be
abated in accordance with the separate procedure for such nuisance
as set forth in this Chapter or 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 the specific procedure for such nuisance
as set forth in this Chapter or in accordance with the provisions
of this Section.
3.
For all other nuisances, the City shall proceed as follows:
a.
The Code Official shall have issued a notice of the violation in
accordance with the provisions of this Chapter and shall have included
notice of hearing. Every person required to appear shall have at least
ten (10) days' notice thereof except in the case of high grass and
weeds and the case of litter and debris.
b.
The hearing shall be conducted by the Code Enforcement Official or
his/her designee. If, after hearing all the evidence, it is determined
that a nuisance exists, the Code Enforcement Official shall order
the person to abate the nuisance within twenty (20) days or within
such other time as the 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.
c.
The decision of the Code Enforcement Official may be appealed by
filing an appeal, on such forms as prescribed by the City, with the
Mayor within seven (7) days from the official's decision. The appeal
form shall set forth, at a minimum, the detailed grounds for such
appeal and such further information as requested on the appeal form.
The Mayor shall review the decision of the Code Enforcement Official
either, within the Mayor's sole discretion, upon the record previously
made or upon a new hearing and shall issue a written decision to all
parties; such decision may be subject to judicial review in the Circuit
Court of St. Louis County by filing an appropriate petition for judicial
review within fifteen (15) days of the Mayor's decision.
d.
If the nuisance has not been abated within the established time period,
the appropriate City Official shall proceed to abate the nuisance
in the manner provided by the order of the official or the Mayor 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/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.
The costs and expenses incurred by the City shall include the
actual costs billed by third (3rd) 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 of mailing or publication
of notices; 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).
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/her designee for proper billing of such costs
and expenses and for general oversight purposes.
e.
If the bill is not paid within the time period established for payment,
notice of a special tax lien shall be recorded with the Recorder of
Deeds office.
f.
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.
[R.O. 2009 §215.080; Ord. No. 867 §3, 8-26-2009]
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
Code Official 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/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 ten (10) days' notice thereof.
C.
Such
notice shall be signed by the Code Official and shall be served upon
that person by delivering a copy thereof to the 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 registered agent 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 mailed to such person and posted at
the property which is the site of the nuisance or mailed to such person
and published in a newspaper within the City once at least seven (7)
days before time fixed for the parties to appear. The cost of the
mailing and publication 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 City Clerk or his/her designee shall order the property owner
and the owner or operator of the business to abate the nuisance within
twenty (20) days or within such other time as the City Clerk 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 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 City Clerk may be appealed by filing an appeal, on
such forms as prescribed by the City, with the Mayor within seven
(7) days from the City Clerk's decision. The appeal form shall set
forth, at a minimum, the detailed grounds for such appeal and such
further information as requested on the appeal form. The Mayor shall
review the decision of the City Clerk either, within the Mayor's sole
discretion, upon the record previously made or upon a new hearing
and shall issue a written decision to all parties; such decision may
be subject to judicial review in the Circuit Court of St. Louis County
by filing an appropriate petition for judicial review within fifteen
(15) days of the Mayor's 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 City Clerk, 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.
[R.O. 2009 §215.090; Ord. No. 867 §3, 8-26-2009]
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 enforcement of this Section.
