[Ord. No. 112 §§2 —
7, 3-19-1997]
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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]
A.
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:
1.
Noxious odor or odors.
2.
Surface pooling or collection of treated or untreated sewage or other
waste material.
3.
Public nuisance.
4.
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.
B.
BOD
PUBLIC NUISANCE
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.
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.
C.
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.
D.
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.
E.
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.
