Article I Vegetation and Accumulation of Refuse
Article II Generally
[Ord. No. 94-17 §1, 3-29-1994]
The purpose of this Article is to protect the public health, safety and general welfare of Weldon Spring citizens by controlling the height of all vegetation and the accumulation of refuse within certain areas of the City limits. Such nuisances are unsightly, reduce property values and provide harborage for rats and other noxious rodents and vermin.
[Ord. No. 94-17 §2, 3-29-1994]
When used in this Article, these terms will have the following definitions:
- Any land that is within the 100-year floodplain and zoned "FP" Floodplain District by the City's Zoning Ordinance, as amended.
- OPEN SPACE
- Any land designated as open space-trails by the City's Comprehensive Plan or otherwise designated by the City as open space.
- OVERGROWN VEGETATION
- Any vegetation exceeding ten (10) inches in height.
- All individuals or corporations, limited liability companies and other entities or associations, whether or not for profit.
- PLATTED LOT
- Any parcel of land within the City that is part of a subdivision plat approved by the City or by St. Charles County prior to the City being incorporated or prior to the land being annexed into the City.
[Ord. No. 94-17 §3, 3-29-1994]
Except as otherwise provided in this Article, it is unlawful for any person, including owners and occupants of any lot or parcel of land within the City, to:
Maintain or permit to be maintained overgrown vegetation; except however, that this provision shall not pertain to the vegetated area between the front lot line and the road pavement if the road right-of-way is maintained by the State of Missouri, St. Charles County or the City of Weldon Spring and on lands being used for agricultural purposes, open space or floodplain; and
Accumulate trash, garbage, building materials (other than materials being used in construction), glass, wood or miscellaneous refuse unless done pursuant to ordinances providing for its collection. Overgrown vegetation and the accumulation of trash, refuse or other materials in violation of this Article are considered nuisances detrimental to the public health and safety.
If the property where the violation occurs is owned by more than one (1) person (whether by joint tenancy, tenancy in common or tenancy by the entireties), each owner is responsible for compliance and liable for all penalties, fines, expenses and taxes imposed by this Article.
[Ord. No. 94-17 §4, 3-29-1994]
If the City determines that overgrown vegetation or the accumulation of refuse violates this Article, he/she must notify the property owner of the nuisance and that a hearing will be held on the City Official's findings. The notice must be given to the owner at least four (4) days before the hearing and inform him/her of its date, time and place. The City may give notice by hand delivery, by depositing it in the United States mail first class postage prepaid to the owner's last known address or by posting it on the premises where the violation is occurring. The Mayor or his/her designee will preside at the hearing. The hearing officer is authorized to order abatement within five (5) business days, grant additional time for compliance or otherwise resolve the matter within the spirit and intent of this Article so long as property values are protected and residents' health and safety are preserved.
The property owner has the right to contact the City's Green Space Committee for its opinion on granting the owner a waiver in cases where a particular lot's vegetation in excess of ten (10) inches may be deemed acceptable. It is expected such waivers could be granted where the lot is considered to enhance the natural habitat of its surroundings, where gardens have been planted and the vegetation is expected to be in excess of ten (10) inches, etc. It is also expected that the Green Space Committee would determine if the platted lot is subject to neighborhood covenants/indentures addressing the growth of vegetation and use such covenants/indentures to assist in its decision. Such a waiver should be presented at the time of the hearing and the hearing officer may use such waiver to dismiss the cause against the owner.
[Ord. No. 94-17 §5, 3-29-1994]
If the owner is ordered to abate any prohibited act described herein and does not comply within five (5) business days from the date of the hearing, the City Official may have the vegetation cut down and the refuse cleaned up and removed by City employees or by independent contractors hired by the City for that purpose. The City Official must certify the costs of abatement to the City Clerk who in turn must prepare a special bill to the property owner. The special bill will contain the actual costs of the abatement. The special bill may be hand delivered or deposited in the United States mail with first class postage prepaid to the owner's last known address. The special bill must be paid in full within twenty (20) days of the delivery of the special bill to the owner.
[Ord. No. 94-17 §6, 3-29-1994]
The special bill will be a first (1st) lien on the property and will be prima facie evidence of its validity and contents. No clerical error or informality in the special bill will be a defense to its enforcement. The City Collector must file with the St. Charles County Recorder of Deeds an affidavit setting forth the day(s) when the work was done and the amount of the City's costs and expenses, together with a legal description of the land on which the lien is imposed. The City may sue to enforce the lien and in addition to the amount of the lien will be entitled interest and actual attorney fees incurred for enforcement.
[Ord. No. 94-17 §7, 3-29-1994]
The procedure set forth in this Article shall be in addition to any other remedies that may exist under law for the abatement of public nuisances and this Article shall not prevent the City from proceeding in a criminal action against any person violating the provision of this Article.
The following are declared to be nuisances affecting health:
All decayed or unwholesome food offered for sale to the public or offered to the public at no charge.
All diseased animals running at large.
All ponds or pools of stagnant water.
Carcasses of dead animals not buried or destroyed within twenty-four (24) hours after death.
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.
Privy vaults or garbage cans which are not fly-tight, that is, privy vaults or garbage cans which do not prevent the entry of flies, insects and rodents.
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 any premises, occupant or to any other person.
Common drinking cups, roller towels, combs, brushes or eating utensils in public or semi-public places where not properly sanitized after use.
Any vehicle used for septic tank cleaning which does not meet the requirements of this Chapter of the Code of Ordinances of the City of Weldon Spring.
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.
Any and all infestations 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 not zoned for agricultural uses except pet cats and dogs, animals in public or licensed zoos, and farm animals in laboratories.
Unlicensed dumps and licensed dumps not operated or maintained in compliance with the ordinances of the City of Weldon Spring and the Statutes of the State of Missouri.
No person shall discharge or cause to be discharged into a stormwater system 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 the storm system or interfere with the proper operation of the system or which will pollute the natural creeks or waterways.
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 Weldon Spring.
Unlawful To Cause, Maintain Within City Or One-Half Mile Thereof. It is 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 Weldon Spring or within one-half (½) mile of the corporate limits of the City of Weldon Spring, 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.
Authority To Abate Emergency Cases. 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 Mayor or his/her designate shall have the authority to order the Chief of Police or Health Officer or other City Official to immediately abate the nuisance in an appropriate manner.
Abatement — Procedure Generally. Whenever the Board of Aldermen receives notification that a nuisance may exist, it shall proceed as follows, except as may be otherwise provided herein:
It shall investigate the same. The Board may order any person who has caused or is maintaining the nuisance to appear before the Board at such time and place as the Board may direct to show cause, if any, why that person should not abate the nuisance. Every person required to appear before the Board shall have at least ten (10) days' notice thereof.
Such notice shall be signed by the Health Officer or Chief of Police 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 President 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 published in a daily newspaper for three (3) consecutive days, if a daily, or once, if a weekly paper, giving at least ten (10) days' notice from the final publication date of the time fixed for the parties to appear before the Board.
If after hearing all the evidence the Board of Aldermen may determine that a nuisance exists, it may direct the Health Officer or Chief of Police or other City Official to order the person to abate the nuisance within twenty (20) days or within such other time as the Board may deem reasonable. Such order shall be served in the manner provided in this Section for service of the order to show cause. 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 set by the Board, and that a special tax bill be issued for the costs of abating the nuisance.
If the order has not been obeyed within the time period set by the Board, the appropriate City Official shall proceed to abate the nuisance in the manner provided by the order of the Board, and the cost of same, if ordered by the Board, may be assessed as a special tax against the property so improved or upon which such work was done; and, if so ordered, the City Clerk shall cause a special tax bill 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 bills for the above work shall be recorded and shall be collected and paid as provided for the collection of other special tax bills for the repairing of sidewalks or grading or paving of streets and shall be a lien on the property.
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.
Any person in physical possession and control of any animal shall remove excreta or other solid waste deposited by the animal in any public or private area not designated to receive such wastes including, but not limited to, streets, sidewalks, parking lots, public parks or recreation areas and private property. The provisions of this Section shall not apply to a guide dog accompanying any blind person.
Construction noise within the City of Weldon Spring will be prohibited prior to 7:00 A.M. and after 9:00 P.M.