A.
The
following are declared to be nuisances affecting health:
1.
All decayed or unwholesome food offered for sale to the public, or
offered to the public at no charge.
2.
All diseased animals running at large.
3.
All ponds or pools of stagnant water.
4.
Carcasses of dead animals not buried or destroyed within twenty-four
(24) hours after death.
5.
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.
6.
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.
7.
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.
8.
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.
9.
Common drinking cups, roller towels, combs, brushes or eating utensils
in public or semi-public places where not properly sanitized after
use.
10.
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 Velda City.
11.
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.
12.
Any and all infestations of flies, fleas, roaches, lice, ticks, rats,
mice, fly maggots, mosquito larvae and hookworm larvae.
13.
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.
14.
Unlicensed dumps, and licensed dumps not operated or maintained in
compliance with the ordinances of the City of Velda City and the Statutes
of the State of Missouri.
15.
No person shall discharge or cause to be discharged into a storm
water 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.
16.
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
Velda City.
B.
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 Velda City, or within one-half (½) mile of the
corporate limits of the City of Velda City, 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.
C.
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.
D.
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:
1.
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.
2.
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.
3.
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.
4.
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.
5.
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.
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. 526 §§1 —
10, 5-12-1999; Ord. No.
617 §1, 7-8-2009]
A.
Definition. For the purpose of this Section, a "nuisance" shall consist of any activity which is of an ongoing and continuous
nature and constitutes a substantial interference to the health, safety,
welfare, or convenience of the inhabitants of the City of Velda City,
or any part thereof.
B.
Notification.
1.
The Police Department shall notify the Mayor that there has been
an arrest or a summons issued for violations of City ordinance or
State Statute relating to the following activities:
a.
Peace disturbance as prohibited in Section 210.260 of this Code.
c.
Maintaining a house, commercial establishment, apartment, garage, building or vehicle used to manufacture, distribute or possess controlled substances as prohibited in Section 210.590 of this Code.
d.
Noise as prohibited in Section 210.250 of this Code.
f.
Gang activity or juvenile problems resulting from lack of parental
supervision.
2.
The Mayor shall notify the owner of the property through the issuance
of a WARNING NOTICE of the violations. Said notice shall advise the
owner that if an additional violation as enumerated in this Section,
occurs within sixty (60) days from date of said WARNING NOTICE, the
Mayor shall issue the owner a FINAL NOTICE TO ABATE. If a third (3rd)
violation occurs subsequent to the FINAL NOTICE TO ABATE and within
sixty (60) days of the original WARNING NOTICE, the Mayor shall give
notice of a hearing for the purpose of determining whether a nuisance
exists, and if so, then to determine appropriate remedies for abatement
and enforcement.
C.
Alternate Procedure.
2.
The Mayor, upon receipt of a petition signed by a majority of the
persons owning real property, or a majority of the registered voters
occupying property, within a prescribed petition circle drawn with
a radius of three hundred (300) feet plus one-half (½) of the
width of the property alleged to be a public nuisance from the center
of the front of said property projected to the street, alleging that
the activity permitted by the occupants and/or owners of said property,
as factually set out in said petition, is of an ongoing and continuous
nature and constitutes a substantial interference to the health, welfare,
safety, and convenience of the subscribers to the petition, shall
hold a public hearing based on said petition.
3.
The format for the petition shall be approved by the Mayor and shall
specifically state the type and nature of the activity which is alleged
to be of an ongoing and continuous nature and constituting a substantial
interference to the health, safety, and convenience to the petition's
subscribers.
4.
The City Clerk or his/her designee is hereby designated to review
the petition filed in each proceeding and to verify the signatures
appearing thereon with the property owners whose names appear on the
Assessor's records of St. Louis County, or the registered voters whose
names appear on St. Louis County Board of Election Commissioner's
records, as the case may be, and whether such person constitute a
majority of property owners or registered voters in said petition
circle. A report thereof shall be made to the Mayor prior to the setting
of a hearing date on said petition. A hearing date shall not be set
unless the signatures of a majority of the property owners or a majority
of the registered voters in the petition circle are verified. Failure
of a petition to contain sufficient signatures under the requirements
of Subparagraph (2) of this Subsection shall not prohibit the re-filing
of a new petition regarding the same premise.
D.
Hearing.
1.
The Mayor shall set a reasonable time for the hearing to determine
whether a nuisance exists and, if so determined, then to recommend
appropriate remedies for abatement and enforcement. Not later than
ten (10) working days prior to said hearing, the Mayor shall cause
to be served a notice of said hearing and a copy of the petition,
when applicable, on the legal owner or owners of said property, as
determined by the records of ownership maintained by the Office of
the Assessor of St. Louis County, the occupants of said premise, if
they are different from the legal owner; and the person or persons
designated to receive said notice on behalf of the petitioners. Service
of said notice by certified mail shall be deemed sufficient for the
purposes of this Subsection.
2.
The hearing shall be conducted at the time and place set forth in
the notice. The hearing officer shall be appointed by the Mayor and
shall be a resident of St. Louis County and shall have been licensed
to practice law in the State of Missouri for a period of at least
two (2) years. The hearing officer shall commence a hearing for the
purpose of determining whether a public nuisance exists under the
provisions of this Section. All interested parties, including owners,
lessees, mortgagors, tenants and neighbors, and Police Officer may
attend the hearing and the present testimony. The notice of the hearing
shall include the purpose of the hearing, the date and time of the
hearing, and the location of the hearing. The hearing officer shall
take testimony under oath pertaining to all relevant matters. The
hearing may be continued, if necessary, for not more than thirty (30)
days, to conclude the investigation or for good cause shown.
3.
At the conclusion of the hearing, the hearing officer shall make
a finding and a recommendation in writing that the activity occurring
at the subject property is not a public nuisance, and no further action
is required; or that the activity occurring at the subject property
does constitute a public nuisance, in which case the hearing officer
shall recommend an appropriate means to abate the activity. If deemed
appropriate and necessary to abate the nuisance activity, the hearing
officer may recommend that the occupancy of the property be prohibited
to the extent necessary to abate the nuisance but for a time period
of not less than thirty (30) days nor more than one (1) year. The
recommendation of the hearing officer shall be immediately presented
to the Mayor who shall issue an appropriate order. A copy of said
order shall be published in a newspaper of general circulation and
sent by certified mail to the owner of the involved property; the
occupant(s) of the involved property, if different from the owner,
and the designated representatives of the petitioners. Any person
adversely affected by said order shall have a right of judicial review
as provided by Section 536.100, RSMo., 1998 as supplemented.
E.
Determination. In determining whether the operation of a
property is detrimental to the neighborhood in which the property
is located, and therefore constitutes a public nuisance, the hearing
officer shall consider the following factors, giving such weight thereto
as he deems appropriate.
1.
The physical characteristics of the neighborhood in which the alleged
nuisance property is located, with particular consideration being
given to the proximity of the property to residential property, parks,
churches, schools, and playgrounds.
2.
Littering, as provided in Section 210.220 of this Code committed
by owner, occupant, or persons frequenting the alleged nuisance property;
3.
Drinking of alcoholic beverages in public by the owner, occupant,
or persons frequenting the alleged nuisance property;
4.
Lewd and indecent conduct as prohibited by Section 210.570 of this Code, including but not limited to public urination, exhibited by the owner, occupant, or persons frequenting the alleged nuisance property, whether such behavior occurs on the property or in the immediate vicinity thereof;
5.
Commission of crimes as prohibited by Federal or State Statute, upon
or in the immediate vicinity of a premise by the owner, occupant,
or persons frequenting the alleged nuisance property;
6.
Sale or use of illegal drugs, as prohibited by Federal or State Statute
or City ordinance, upon or in the immediate vicinity of the alleged
nuisance property by the owner, occupant, or person frequenting the
property;
7.
Harassing or intimidating behavior, as prohibited by Section 210.030 of this Code, exhibited by the owner, occupant, or persons frequenting or congregating about the alleged nuisance property toward persons living in the neighborhood in which the property is located or toward persons passing by the property.
8.
Noise, as prohibited in Section 210.250 of this Code, associated
with or caused by the owner, occupant, or persons frequenting the
alleged nuisance property;
9.
Street or sidewalk congestion associated with or caused by the owner,
occupant, or person frequenting the alleged nuisance property;
10.
Any violation of the occupancy ordinances of the City of Velda City
associated with or caused by the owner, occupant, or person frequenting
the alleged nuisance property;
11.
Any other activity deemed relevant by the hearing officer, to the
determination of whether said activity is detrimental to the neighborhood
in which the alleged nuisance property is located.
F.
At any hearing convened under Subsection (D) of this Section, proof that the required notices were properly sent to the owner or occupant of the property, under the provisions of Subsection (K) herein, shall be prima facie evidence of knowledge on the part of the owner or occupant of the property of the alleged nuisance activity. For purposes of this Section, a person shall be considered to frequent a property if he/she lives or works at or visits the property or if he/she loiters about the immediate vicinity of the property but would not do so except for the existence of the property.
G.
Any
person employed, or contracted with, for the abatement of a nuisance
as ordered under the provisions of this Section, and any agent or
employee of such person, shall have the right of entry for that purpose
into and upon any property.
H.
It
shall be the duty of the Police Department to assist the Mayor and
administrative staff, in the discharge of their duties, as may be
required under this Section whenever called upon to do so.
I.
Violations.
1.
It shall be a violation of this Section for the owner, his agent,
or the occupant of any residential or commercial property to fail
to obey an order to abate a nuisance under the provisions of this
Section.
2.
It shall be a violation of this Section to interfere with any entry permitted under Subsection (G) herein or any nuisance, as ordered under the provisions of this Section.
3.
It shall be a violation of this Section for any person to use or
occupy or to permit any other person to use or occupy any property
ordered vacated or closed pursuant to this Section.
4.
It shall be a violation of this Section for any person to mutilate
or remove any order posted under the provisions of this Section.
J.
Nothing
in this Section shall be interpreted to supersede or limit in any
manner the authority of Mayor or the Building Commissioner to condemn
property under the authority of any provision of this Code.
K.
All
notices required under this Section shall be sent, by certified mail,
to the owner of the property, the occupants of the property, the mortgagor,
if shown on the recorder of deeds records, and posted on the subject
property in a conspicuous place. The Building Commissioner shall do
the posting of the property.
L.
Closure
of any property pursuant to this Section shall not constitute an act
of possession, ownership or control by the City of Velda City of the
closed property.
M.
Nothing
contained in this Section shall relieve the owner of any property
from complying with all other ordinances that relate to property,
fire or health codes or any other ordinance that regulates the condition
or use of property.
N.
Penalties.
1.
Every violation of this Section shall be punishable by a fine of
not less than three hundred dollars ($300.00) nor more than one thousand
dollars ($1,000.00) and/or ninety (90) days in jail.
2.
In lieu of a fine, the judge may require the defendant to perform
not less than fifty (50) hours of community service.
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.
[Ord. No. 543 §§1 —
3, 11-8-2000]
A.
Any
lot or land shall be a public nuisance if it has the presence of debris
of any kind including, but not limited to, weed cuttings, cut and
fallen trees and shrubs, overgrown vegetation and noxious weeds which
are seven (7) inches or more in height, rubbish and trash, lumber
not piled or stacked twelve (12) inches off the ground, 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 and declared to be a public nuisance.
B.
When
a public nuisance as described above exists, the Building Commissioner
shall so declare and give written notice to the owner of the property
by personal service, certified mail, if otherwise unsuccessful, by
publication. Such notice shall, at a minimum:
1.
Declare that a public nuisance exists;
2.
Describe the condition which constitutes such nuisance;
3.
Order the removal or abatement of such condition within seven (7)
days from the date of service of such notice;
4.
Inform the owner that he or she may file a written request for a
hearing before the Building Commissioner on the question of whether
a nuisance exists upon such property; and
5.
State that if the owner fails to begin removing the nuisance within
time allowed or upon failure to pursue the removal of such nuisance
without unnecessary delay, the Building Commissioner shall cause the
condition which constitutes the nuisance to be removed or abated and
that the cost of such removal or abatement may be included in a special
tax bill or added to the annual real estate tax bill for the property
and collected in the same manner and procedure for collecting real
estate taxes.
C.
If
the owner of such property fails to begin removing the nuisance within
the time allowed or upon failure to pursue the removal of such nuisance
without unnecessary delay, the Building Commissioner shall cause the
condition which constitutes the nuisance to be removed. If the Building
Commissioner causes such condition to be removed or abated, the cost
of such removal shall be certified to the City Clerk and/or Treasurer
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.
