[Ord. No. 280 §1, 6-25-2008]
A.
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.
B.
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.
[Ord. No. 280 §2, 6-25-2008]
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 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.
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 and
except purposely designed and appropriately maintained compost piles.
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.
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.
7.
Any and all infestation of flies, fleas, roaches, lice, ticks, rats,
mice, fly maggots, mosquito larvae and hookworm larvae.
8.
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.
9.
All diseased animals running at large.
10.
Carcasses of dead animals not buried or destroyed within twenty-four
(24) hours after death.
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 noise which exceeds the limitations as set forth in City ordinance
or which is otherwise in violation of City ordinance.
14.
The presence on any property of any steel-jawed animal traps or similar
devices, unless authorized by the Police Department.
15.
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.
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.
The purposeful and direct diversion of water or other liquid from
a sump pump 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 stormwater system or facility.
20.
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.
21.
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.
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 New Melle
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 which does not meet the
requirements of the Code of Ordinances for the City of New Melle.
26.
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.
27.
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.
28.
The parking or storage of any vehicle, trailer, boat, camper or other
recreational vehicle in the front yard of any residential or commercial
structure.
29.
All decayed or unwholesome food offered for sale to the public or
offered to the public at no charge.
30.
Common drinking cups, roller towels, combs, brushes or eating utensils
in public or semi-public places where not properly sanitized after
use.
31.
Unlicensed dumps and licensed dumps not operated or maintained in
compliance with the ordinances of the City of New Melle or State law.
32.
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.
33.
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.
34.
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.
35.
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]
A.
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.
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 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.
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.
[Ord. No. 280 §4, 6-25-2008]
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 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.
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.
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]
A.
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.
B.
Prior
to any abatement, the City shall proceed as follows:
1.
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.
2.
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.
3.
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.
4.
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.
5.
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.
6.
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]
A.
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.
B.
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.
C.
A rebuttable
presumption shall exist that a motor vehicle is abandoned when:
D.
A vehicle
in active restoration or repair shall not be considered dismantled,
wrecked, abandoned or inoperable.
E.
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.
F.
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.
G.
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]
A.
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:
1.
Any noise that can be heard over one hundred (100) feet from the
source;
2.
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;
3.
The use of any gong or siren upon any vehicle, other than Police,
fire or other emergency vehicles;
4.
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;
5.
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;
6.
The use of any mechanical device operated by compressed air, unless
the noise created thereby is effectively muffled and reduced;
7.
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;
8.
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;
9.
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;
10.
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;
11.
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.;
12.
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;
13.
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]
A.
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:
1.
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.
2.
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.
3.
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.
B.
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.
C.
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).
D.
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.
