[Ord. No. 280 §1, 6-25-2008]
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 New Melle 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.
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:
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
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.
[Ord. No. 280 §2, 6-25-2008]
The following conditions, acts and business operations are hereby declared to be nuisances affecting public health:
Stagnant water and water collected and allowed to stand for more than thirty-six (36) hours and 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.
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 and except purposely designed and appropriately maintained compost piles.
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.
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.
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.
Abandoned dumpsters, dumpsters located on vacant lots or not located on an impervious surface, and dumpsters not maintained in a sanitary condition, not emptied on a routine basis or the condition of which attracts vermin, rodents, insects or animals or which collects stagnant water.
Any and all infestation of flies, fleas, roaches, lice, ticks, rats, mice, fly maggots, mosquito larvae and hookworm larvae.
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.
All diseased animals running at large.
Carcasses of dead animals not buried or destroyed within twenty-four (24) hours after death.
Dead or dying trees.
The shining of artificial light onto public or private property as to be an annoyance, hurt, injury or inconvenience other persons.
Any noise which exceeds the limitations as set forth in City ordinance or which is otherwise in violation of City ordinance.
The presence on any property of any steel-jawed animal traps or similar devices, unless authorized by the Police Department.
Buildings in such a state of disrepair as to affect the health, safety and welfare of the citizens of New Melle or which are maintained in violation of the zoning or building codes of the City.
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.
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.
The purposeful and direct diversion of water or other liquid from a sump pump onto streets and sidewalks.
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 stormwater system or facility.
The discharge onto any street, sidewalk or right-of-way or into any creek, stream, drainage ditch or stormwater 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.
Every privy, privy vault, cesspool, septic tank or other receptacle of any kind containing human excrement 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.
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 New Melle for more than thirty-six (36) hours.
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.
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.
Any vehicle used for septic tank cleaning which does not meet the requirements of the Code of Ordinances for the City of New Melle.
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.
The parking or storage of any derelict, unlicensed or non-functional vehicle, trailer, boat, camper or other recreational vehicle unless such storage is within a enclosed garage.
The parking or storage of any vehicle, trailer, boat, camper or other recreational vehicle in the front yard of any residential or commercial structure.
All decayed or unwholesome food offered for sale to the public or offered to the public at no charge.
Common drinking cups, roller towels, combs, brushes or eating utensils in public or semi-public places where not properly sanitized after use.
Unlicensed dumps and licensed dumps not operated or maintained in compliance with the ordinances of the City of New Melle or State law.
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.
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.
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.
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 New Melle.
[Ord. No. 280 §3, 6-25-2008]
Before any 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 a duly appointed representative of the City at such time and place as the Code Official may direct to show cause, if any, why the nuisance should not be abated.
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 or her written return thereon stating how, when, on whom and where he or she served the same and subscribe his or 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.
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.
[Ord. No. 280 §4, 6-25-2008]
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 and who shall fail or refuse to abate or remove the same within the reasonable time required and specified in the notice of the Code Enforcement Officer shall be deemed guilty of an offense and upon conviction thereof shall be subject to punishment in the form of a fine not to exceed five hundred dollars ($500.00) or imprisonment not to exceed ninety (90) days or both such fine and imprisonment. Each and every day such nuisance is maintained after such notice shall constitute a separate and distinct offense punishable in such manner.
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. 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.
[Ord. No. 280 §5, 6-25-2008]
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.
[Ord. No. 280 §6, 6-25-2008]
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.
[Ord. No. 280 §7, 6-25-2008]
In addition to other remedies and enforcement procedures for the abatement of high grass and weeds nuisances or for the abatement of litter, trash and debris nuisances which may be separately established by ordinance, the City may proceed to abate any nuisance in accordance with the provisions of this Section.
Prior to any abatement, the City shall proceed as follows:
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.
The hearing shall be conducted by a duly appointed representative of the City. If, after hearing all the evidence, it is determined that a nuisance exists, the hearing officer shall order the person to abate the nuisance within twenty (20) days or within such other time as the hearing officer 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.
The decision of the hearing officer may be appealed by filing an appeal, on such forms as prescribed by the City, with the Board of Aldermen within seven (7) days from the 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 Board shall review the decision either, within the Board'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. Charles County by filing an appropriate petition for judicial review within fifteen (15) days of the Board's decision.
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 hearing officer or the Board of Aldermen, 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 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 or her designee for proper billing of such costs and expenses and for general oversight purposes.
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.
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. 280 §8, 6-25-2008]
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.
[Ord. No. 102 §§2 — 8, 7-9-1996]
The Board of Aldermen of the City of New Melle firmly believe that the parking of motor vehicles open to public view within the City limits that are dismantled, wrecked, abandoned or inoperable constitutes a nuisance because it is injurious to the public health and welfare, being detrimental to property value, as well as the quality, character and stability of residential, commercial and industrial areas. For the same reasons the Board also believes that the parking of any motor vehicle anywhere but along a street, on a driveway or parking lot constitutes a nuisance that should be suppressed.
No person shall keep any abandoned motor vehicle, trailer or semi-trailer which is inoperable on any property zoned for residential, commercial or agricultural purposes except within a fully enclosed building or structure or otherwise shielded or screened from ordinary view from the street or roadway. As used in this Section, "shielded or screened from ordinary view from the street or roadway" means hidden from site of passersby from the street or roadway by plantings or fences.
A rebuttable presumption shall exist that a motor vehicle is abandoned when:
A vehicle in active restoration or repair shall not be considered dismantled, wrecked, abandoned or inoperable.
A Police Officer or Code Enforcement Officer of the City who observes a vehicle parked in violation of the provisions of this Section shall cause a notice to abate nuisance within ten (10) days to be given either personally or by United States mail to the real property owner or his/her agent, or the resident, or by posting such notice on the premises.
After the expiration of the ten (10) day notice period, a Police Officer of the City is hereby authorized to cause the removal and disposal of any motor vehicle found to be in violation of this Section.
Any person failing to comply with notice to abate nuisance shall be subject to a fine of up to five hundred dollars ($500.00) for each day of such violation as well as to the expense of abatement, and a special tax bill shall be issued in violation for the expense of abatement.
[Ord. No. 195 §1(200.310(C — D)), 11-19-2003]
The following acts, among others, are declared to be loud, disturbing and unnecessary noises in violation of this Section; but such enumeration shall not be deemed to be exclusive:
Any noise that can be heard over one hundred (100) feet from the source;
The sounding of any horn or signal device or any device on any automobile, motorcycle, bus or other vehicle while not in motion, except as a danger signal if another vehicle is approaching apparently out of control or if in motion, only as a danger signal after or as brakes are being applied and deceleration of the vehicle is intended; the creation by means of any such signal device of any unreasonably loud or harsh sound; and the sounding of such device for an unnecessary and unreasonable period of time;
The use of any gong or siren upon any vehicle, other than Police, fire or other emergency vehicles;
The use of any automobile, motorcycle or other vehicle so out of repair, so loaded or in such manner as to create loud or unnecessary grating, grinding, rattling or other noise;
The discharge into the open air of the exhaust of any steam engine, stationary internal-combustion engine or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom;
The use of any mechanical device operated by compressed air, unless the noise created thereby is effectively muffled and reduced;
The erection, including excavation, demolition, alteration or repair, of any building in a residential or business district other than between the hours of 7:00 A.M. and 6:00 P.M., except in the case of urgent necessity in the interest of public safety and then only with a permit from the Building Commissioner, which permits may be renewed for a period of three (3) days or less while the emergency continues;
The sounding of any bell or gong attached to any building or premises, which disturbs the quiet or repose of persons in the vicinity thereof;
The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention by creation of noise to any performance, show or sale or display of merchandise;
The use of any mechanical loudspeakers or amplifiers on trucks or other moving vehicles for advertising purposes or other purposes, except where specific license is received from the Board of Aldermen;
The conducting, operating or maintaining of any garage or filling station in any residential district so as to cause loud or offensive noises to be emitted therefrom between the hours of 11:00 P.M. and 7:00 A.M.;
The firing or discharging of any gun, squibs, crackers, gunpowder or other combustible substance in the streets or elsewhere for the purpose of making noise or disturbance, except by permit from the Board of Aldermen;
The use or operation of any motor vehicle, any mechanically operated device or internal-combustion engine operated by fuel or electric power in any race or event on track or course with said device or vehicle unless the noise created thereby is effectively muffled and reduced by the use of a three (3) chamber muffler or other device, such that the noise does not exceed a noise level of 93dbA (A-weighted sound pressure level), when the noise emitted is measured upon properly which is located adjacent to the property upon which the noise source is located; but in no event shall the muffled noise be emitted for a total of more than two (2) hours per day and only between the hours of 9:00 A.M. and 7:00 P.M., provided this applies to the total noise from a vehicle or combination of vehicles or devices and shall not be construed as limited or precluding the enforcement of any other provisions of this Section relating to motor vehicle mufflers for noise control.
[Ord. No. 256 §§1 — 4, 4-4-2007]
All persons owning or occupying any lot or tract of land in the City shall keep the weeds, high grass and brush growing on such property cut and removed as follows:
On tracts of land which are three (3) acres or greater: all persons owning or occupying the property shall keep the weeds, high grass and brush within the right-of-way easement on such property cut to a height of not more than ten (10) inches.
On tracts of land which are less than three (3) acres not used or zoned for residential or commercial purposes: all persons owning or occupying the property shall keep the weeds, high grass and brush within the right-of-way easement on such property cut to a height of not more than ten (10) inches.
On tracts of land which are less than three (3) acres and used or zoned for residential and commercial uses: all persons owning or occupying the property shall keep the weeds, high grass and brush within all lawn areas cut to a height of not more than ten (10) inches.
All high grass, brush and weeds not cut and removed in compliance with the terms of this Section are hereby deemed to be a public nuisance. Any person owning or occupying any property within the City is hereby prohibited from keeping or maintaining such a nuisance.
Any persons found to be in violation of this Section may be subject to a fine of not more than five hundred dollars ($500.00).
If the owner fails to begin removing or abating the nuisance within a specific time which shall not be less than seven (7) days of receiving notice that the nuisance has been ordered removed or abated, or upon failure to pursue the removal or abatement of such nuisance within unnecessary delay, the City may cause the condition which constitutes the nuisance to be removed or abated. If the condition is removed or abated by the City, the cost of such removal or abatement shall be certified to the City Clerk or officer in charge 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.