[R.O. 1998 § 220.2250; CC 1988 §11-61; Ord. No. 11 §1, 5-3-1948; Ord. No. 1971 §1, 9-2-1997; Ord. No. 2590 §1, 4-9-2009; Ord.
No. 2877 §1, 4-9-2009; Ord. No. 2916 §1, 9-2-2014; Ord.
No. 3155, 4-1-2019]
A.
Public nuisances are hereby designated
as follows:
1.
Any act done or committed or suffered
to be done or committed by any person, or any substance or thing kept
or maintained, placed or thrown on or upon any public or private premises,
which is injurious to the public health, safety or welfare.
2.
All pursuits followed or acts done
by any person to the hurt, injury, inconvenience or danger of the
public.
B.
Said definitions shall include, but not
by way of limitation, the following:
1.
Accumulation of weed cuttings, fallen
or cut trees or shrubs or parts thereof, rubbish and trash, lumber
not piled or stacked twelve (12) inches off the ground, rocks or bricks,
tin, steel, derelict cars or trucks or parts thereof, or broken furniture.
2.
Any flammable materials.
3.
The growth of weeds or grass of any
type to a height of nine (9) inches or more on any property.
4.
Any tree deemed by the Director of
Public Services to be dead, diseased or decayed.
5.
Any pool of stagnant water standing
on any premises.
6.
Leaking sanitary sewer lateral.
7.
Encroachments in any street, alley,
sidewalk or other public place.
8.
Repetitive emission of noise, odors
or fumes beyond the property owned or occupied by the party responsible
for such condition.
9.
Any metal, glass, paper, rags, wood, machinery, parts, cloth, or
other waste or discarded material of any nature or substance whatsoever,
or scrap or salvage materials.
[R.O. 1998 § 220.020; CC 1988 §11-62; Ord. No. 11 §2, 5-3-1948; Ord. No. 1971 §1, 9-2-1997]
A.
The Director of Public Services, or his/her
designee, shall give written notice to the owner or occupant of the
premises upon which the nuisance is located, describing the nature
of the nuisance, the location and directing the owner or occupant
to abate the nuisance within a designated time period, which shall
be no less than ten (10) days from receipt of such notice. Such notice
may be delivered by personal service, by certified mail or regular
mail to the last known address of the owner or by leaving a copy of
such notice for the occupant.
B.
The owner or occupant shall have the right
to a hearing on the existence of the nuisance condition, by written
notification to the Director of Public Services prior to the expiration
of the time specified in the notice for abatement. The Director or
his/her designee shall hold a hearing, if so requested, with at least
four (4) days' notice given to the owner or occupant of the premises.
The Director or his/her designee shall make a determination as to
the existence of the nuisance condition and if such nuisance condition
is found to exist, shall order abatement and designate the time within
which such abatement is to be completed.
[R.O. 1998 § 220.030; CC 1988 §11-63; Ord. No. 11 § 3, 5-3-1948; Ord.
No. 1971 § 1, 9-2-1997; Ord. No. 2590 §§ 2
– 3, 4-9-2009]
A.
In addition to the penalty provided in Section 100.220, an owner or occupant who permits a nuisance as described by Section 220.010 shall be subject to the following provisions:
1.
If the nuisance is not abated within
the time specified, the Director or his/her designee may cause the
nuisance condition to be abated pursuant to this Section. The cost
of such abatement shall be certified to the City Clerk and the City
Clerk shall issue a special tax bill therefor against the property,
which shall be a first lien on the property from the date of issuance
until paid and shall be prima facie evidence of the recitals therein
and of its validity. No clerical error or informality in such tax
bill, or in the proceedings leading to its issuance, shall be a defense.
Any such tax bill, if not paid when due, shall bear interest at the
current interest rate being charged by St. Louis County. Such special
tax bill shall be enforced in the manner provided by law and in addition
shall be deemed a personal debt against the owner or occupant, as
the case may be.
2.
In lieu of issuance of a special
tax bill, said certified cost may be added to the annual real estate
tax bill for the property and shall be collected in the same manner
and procedure for collecting real estate taxes.
B.
Subsequent/Recurring Violations. If weeds are allowed to grow, or if trash is allowed to accumulate, on the same property in violation of this Chapter more than once during the same growing season in the case of weeds, or more than once during a calendar year in the case of trash, the City may, without further notification, have the weeds or trash removed and the cost of the same billed in the manner described in Subsection (A)(1) of this Section. This Subsection does not apply to lands owned by a public utility and lands, rights-of-way and easements appurtenant or incidental to lands controlled by any railroad.
[R.O. 1998 § 220.035; Ord. No. 2893 §1, 4-7-2014]
A.
As used in this Section, "place" means
any building, dwelling unit, lot, plot or parcel of land, premises,
room or structure.
B.
Any place which is used for the commission
of crimes, ordinance violations, or acts done, permitted, allowed
or continued to the damage or injury of any of the inhabitants of
the City is a public nuisance.
C.
The Chief of Police shall notify the owner
and occupant of any place used for the commission of crimes, ordinance
violations, or acts done, permitted, allowed or continued to the damage
or injury of any inhabitants of the City that the place is in violation
of this Section, including the reason why, and that if the place continues
to be used in such a manner, a hearing shall be held to determine
whether a public nuisance exists and, if so, to determine the appropriate
abatement remedies, including that the place not be occupied or used
for a period of up to one (1) year. Notice shall be by personal service
or certified mail, or by posting on the premises.
D.
If the place continues to be used for the
commission of crimes, ordinance violations, or acts done, permitted,
allowed or continued to the damage or injury of any inhabitants of
the City, after such notice, the Chief of Police shall file a petition
with the City Administrator which shall state what relief is sought
or proposed and the reason for granting it.
E.
The City Administrator or his or her designee
shall set the time and location for a hearing based on the petition,
and shall cause notice thereof and a copy of the petition to be served
on the owner and occupant of the place at least ten (10) days prior
to the hearing. Service shall be personal or by certified mail, or
by posting on the premises.
F.
At the hearing the City Administrator or
his or her designee shall determine whether the place is a public
nuisance, giving such weight to the following factors as he or she
deems appropriate:
1.
The physical characteristics of the
neighborhood in which the place is located, with particular consideration
given to the proximity of the place to residential property, parks,
churches, schools and playgrounds;
2.
Whether there is littering, as prohibited
by law, by the owner, occupant or persons frequenting the place;
3.
Whether there is drinking of alcoholic
beverages in public, as prohibited by law, by the owner, occupant
or persons frequenting the place;
4.
Whether there is lewd and indecent
conduct, as prohibited by law, including public urination or defecation,
by the owner, occupant or persons frequenting the place;
5.
Whether there is the possession,
sale or use of controlled substances, as prohibited by law, by the
owner, occupant or persons frequenting the place;
6.
Whether there is harassing or intimidating
conduct, as prohibited by law, by the owner, occupant or persons frequenting
the place, toward persons living in the neighborhood or passing by
the place;
7.
Whether there is noise prohibited
by law, caused by the owner, occupant or persons frequenting the place;
8.
Whether there is the commission of
other crimes, ordinance violations, or acts done, permitted, allowed
or continued to the damage or injury of any inhabitants of the City
by the owner, occupant or persons frequenting the place;
9.
Whether there is street or sidewalk
congestion caused by the owner, occupant or persons frequenting the
place;
10.
Any other activity deemed relevant
by the City Administrator or designee.
G.
For purposes of this Section, a person
shall be considered to frequent a place if he or she lives or works
at or visits the place, or if the person loiters about the place.
H.
If the City Administrator or his or her
designee finds that the place is a public nuisance in violation of
this Section, he or she shall order the owner or occupant to abate
the nuisance, and may further order any appropriate action to abate
the same, including that the place shall not be occupied or used for
a period not exceeding one (1) year.
I.
The closure of any place pursuant to this
Section shall not constitute an act of possession, ownership or control
by the City of the closed place.
J.
It is unlawful for any person to:
1.
Fail to obey an order to abate a
nuisance issued pursuant to this Section;
2.
Interfere with any entry into or
upon the place by any police officer, agent or employee of the City
for the purpose of abating the nuisance, as ordered pursuant to this
Section;
3.
Occupy or use or permit any other
person to occupy or use any place ordered closed pursuant to this
Section;
4.
Damage or remove any notice or order
posted at the place pursuant to this Section;
5.
Keep or maintain a place used for
the commission of crimes, ordinance violations, or acts done, permitted,
allowed or continued to the damage or injury of any inhabitants of
the City.
K.
Nothing contained in this Section shall
relieve the owner or occupant of any place from complying with the
building, fire, property maintenance and zoning codes, or any other
ordinance that regulates the condition or use of the place.
[1]
Editor's Note: Ord. No. 2590 §4, adopted
April 9, 2009, repealed Section 220.040, Penalty, in its entirety.
Former Section 220.040 derived from Ord. No. 1971 §1, 9-2-1997.
[Ord. No. 3308, 4-3-2023]
"Weeds," as used in this Article, means and includes all rank
vegetative growth.
[Ord. No. 3308, 4-3-2023]
The owner, lessee or occupant, or any agent, servant, representative
or employee of such owner, lessee or occupant, having control of all
or any part of any plot of ground or any residential lot in the City,
shall not allow or maintain on such lot or on the street area adjoining
the lot any growth of weeds and/or grass to a height of over eight
(8) inches.
[Ord. No. 3308, 4-3-2023]
A.
In addition to the penalty provided in Section 100.090, an owner who permits weeds and/or grass to grow in violation of Section 220.060 shall be subject to' the following provisions:
1.
The City shall hold a hearing after, four (4) days' notice thereof,
either personally or by United States mail to such owner or owners,
or his/her or their agents, or by posting such notice on the premises.
At such hearing, the City Administrator or his/her designee may declare
the weeds and/or grass to be a nuisance and may order the same to
be abated within five (5) business days after the hearing.
2.
If such weeds and/or grass are not cut down and removed in a proper
manner within five (5) business days after the hearing, the order
shall allow the City to immediately remove the weeds and/or grass
pursuant to this Section. The City Administrator or his/her designee
shall certify the cost of cutting down and removal to the City Clerk..
3.
The City Clerk shall cause a special tax bill against the property
from which the weeds and/or grass were cut and removed to be prepared
and to be collected by the Collector with the other taxes assessed
against the property.
4.
The special tax bill from the date of its issuance shall:
a.
Be a first lien on the property until paid, and prima facie evidence
of the recital therein, and of its validity and no mere clerical error
or informality in the same or in the proceedings leading up to the
issuance shall be a defense thereto.
b.
Include the costs in cutting and removing the weeds and/or grass.
c.
Be issued by the City Clerk on or before June first of each year
and, if not paid when due, shall bear interest at the rate of eight
percent (8%) per annum.
5.
If weeds and/or grass are allowed to grow on the same property more than once during the same growing season, the City Administrator or his/her designee, may, without further notification, have the weeds and/or grass cut down and removed and the cost of the same shall be billed in the manner described in Subsection (A)(4) above.
