[Ord. No. 112 §§2 — 7, 3-19-1997]
It shall be unlawful for any person or place to deposit or permit to be deposited in any unsanitary manner on public or private property within the City or in any area under the jurisdiction of the City any human or animal excrement, garbage or other objectional waste.
It shall be unlawful to discharge to any natural outlet within the City or in any area under the jurisdiction of the City any sewage or other polluted waters, except where suitable treatment has been provided in accordance with the City of New Melle ordinances and in compliance with the laws of the State of Missouri and regulations pursuant thereto.
Except as provided by the ordinances of the City of New Melle and the Statutes of the State of Missouri and regulations thereunder, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage.
The owner of any house, building or property used for human occupancy, employment, recreation or other purpose situated within the City of New Melle and abutting on any street, alley or right-of-way in which there is now located, or may in the future be located, a public sanitary or combined sewer of the City of New Melle or Public Water Supply District No. 2 is hereby required at his/her expense to install suitable toilet facilities therein and to connect such facilities directly with the proper public sewer in accordance with the rules and regulations and requirements of the Public Water Supply District No. 2 and all ordinances regulating same adopted by the City within ninety (90) days after the date of official notice to do so; provided that, such public sewer is within one hundred (100) feet of the property line.
Any person violating the provisions of this Section shall be subject to a fine of up to five hundred dollars ($500.00) per day for each day said person fails to correct a violation thereof after notice served by the City or imprisonment in the St. Charles County Jail or municipal jail for a term not to exceed ninety (90) days, or both such fine and imprisonment.
Any person violating any of the provisions of this Section shall become liable to the City for any expenses, loss or damage occasioned by the City by reason of such violation and the City, in its discretion, may obtain an order from the Circuit Court of St. Charles, Missouri, enjoining said person from continuing to violate the provisions of this Section.
[Ord. No. 12 §§1 — 6, 8-7-1980]
It shall be unlawful to cause or allow any treated or untreated human sewage or other waste material to be discharged or deposited on any public or private property within the City of New Melle, Missouri, if its discharge or deposit directly or indirectly causes any one (1) or more of the following conditions:
Noxious odor or odors.
Surface pooling or collection of treated or untreated sewage or other waste material.
The surfacing of any treated or untreated human sewage or other waste material which contains more than one thousand (1,000) milligrams per liter of dissolved solids, or more than ten (10) milligrams per liter each of suspended solids and BOD; or which contains toxic or poisonous substances in suspension, colloidal state or solution; or any free or emulsified grease or oil, acid or alkali, phenols or other substances imparting any color, taste or odor in any water table, well or natural water way.
Definitions. As used in this Section, the following terms shall have these prescribed meanings:
- Biochemical oxygen demand, which is the quality of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty degrees Centigrade (20°C) express in milligrams per liter.
- PUBLIC NUISANCE
- Any act done or committed or suffered to be done or committed by any person, or any substance, condition or thing kept, maintained, allowed, placed or found in or upon any public or private property within the City of New Melle, Missouri, which is injurious or dangerous to the public health, including, but not limited to, any kind of substance, condition or thing kept, maintained, allowed, placed or found upon public or private property as has been declared to be a public nuisance by any court of the State of Missouri under the same or similar circumstances or as has been declared to be a nuisance by any Statute, rule, regulation or other law of the State of Missouri.
Any owner or occupier of property who fails to fully correct the conditions that caused or allowed the discharge or deposit of any treated or untreated human sewage or other waste material prohibited by this Section and to permanently terminate such discharge or deposit within thirty (30) days after notice is given to the owner or occupier that they are in violation of this Section shall be guilty of a misdemeanor. Each day that such discharge or deposit shall continue after said thirty (30) days have expired shall constitute a separate misdemeanor offense, each of which shall be punishable by a fine of not more than twenty-five dollars ($25.00). Any fine imposed against an owner or occupier of such property shall be a lien against such property until the fine plus interest thereon at nine percent (9%) per annum is paid in full.
Notice of a violation of this Section as required in Subsection (C) shall be in writing and may be effectively given by hand delivery, by registered mail to the owners' or occupiers' last known address, or by posting on the property upon which such treated or untreated human sewage or other waste material is deposited or from which it is discharged. Notice given to the owners of record of such property is deemed constructive notice to all owners of such property. Notice given to any occupier of such property is deemed constructive notice given to all occupiers of such property. The Board of Aldermen may in its discretion serve such notice upon the owners only, upon the occupiers only, or upon the owners and the occupiers.
In addition to the criminal proceedings provided for in this Section, the Board of Aldermen is authorized to bring legal and equitable civil actions to enforce the provisions of this Section including actions for injunction, for enforcement of the lien provided for in Subsection (C), and for penalties and damages including, but not limited to, the amount of any fine rendered under Subsection (D), reasonable attorney's fees and expenses directly or indirectly incurred in the enforcement of this Section and in conducting such civil actions.