[Ord. No. 6.37 (Bill
No. 2759), 11-7-2019[1]]
The following words, terms, and phrases, when used in this Article,
shall have the meanings ascribed to them in this Section, except where
the context clearly indicates a different meaning:
The Building Commissioner or his/her designee.
[Ord. No. 6.40 (Bill
No. 2800), 8-19-2021]
Any person who leases all or a portion of premises on a day-to-day,
week-to-week, month-to-month or yearly basis.
A disorderly accumulation of objects or items carelessly
discarded or allowed to collect.
Any person or persons who have either solely or jointly a
fee simple title, an equitable interest, or a life interest in any
lot or tract of land or in a particular part thereof, whether such
tract or lot of land is held in common by joint owners.
Any occupant, agent, servant, representative or employee
of any owner or lessee of any property who exercises any control or
authority of the premises on behalf of the owner or lessee.
Refuse, garbage, trash or other useless or worthless materials
or by-products.
[Ord. No. 6.37 (Bill
No. 2759), 11-7-2019]
No person shall permit, cause, keep or create any nuisance as
defined by the laws of this State, this Article or other ordinances
of the City.
[Ord. No. 6.37 (Bill
No. 2759), 11-7-2019]
A.
The
following acts or conditions are hereby declared to be nuisances:
1.
Any act done or committed, or suffered to be done or committed
by any person, or any substance or thing kept, maintained, placed
or found in or upon any public or private place that is injurious,
harmful or dangerous to the public health.
2.
Any building or structure kept or maintained in a condition
unhealthy or unsanitary to the public.
3.
The deposit into any sewer or sewer inlet of any article, materials
or substance that may obstruct, contaminate or damage the sewer.
4.
To obstruct any watercourse, ravine or gutter so, as to cause
water to stagnate therein, or to permit foul or stagnate water to
stand upon any premises or infringe upon an adjacent property.
5.
Any garbage, ashes, foul, nauseous or unclean animal or vegetable
matter, yard waste or other substance that is or may become putrid,
offensive, obnoxious, dangerous or detrimental to the public health,
safety or welfare thrown, deposited, allowed to escape into or allowed
to accumulate upon any street, sidewalk, alley, public or private
property.
6.
The burning of materials producing smoke, gases or odors offensive
or obnoxious to the inhabitants of this City on any public or private
property.
7.
Any urine, liquid waste from stables, swills, water from privy
vaults, wastewater from sinks, wash or other foul or nauseous liquid
waste allowed to accumulate on any public property or private property
or discharged upon public or private property.
8.
Any well or cistern where a chemical analysis shows the water
of such well or cistern to be of any impure or unwholesome nature.
9.
Any dead or diseased tree, tree limb or shrubbery that constitutes
a hazard or threat to public safety or to property.
10.
Ragweed, poisonous plants or shrubs, and all other noxious weeds
growing or existing upon any property.
11.
The abandonment, neglect or disregard of any premises, whether
intentional or unintentional, so as to permit the premises to become
unclean with an accumulation of litter or waste thereon, or to permit
the premises to become unsightly, unsanitary, obnoxious, or detrimental
to the use and enjoyment of nearby properties, or a blight to the
vicinity, or offensive to the senses of users of the public way abutting
the premises; and so to continue for a period longer than ten (10)
days.
[Ord. No. 7.52 (Bill
No. 2847), 1-5-2023)]
12.
Any non-conforming property, lot use, building or structure
as defined by the City zoning ordinance, which is allowed by reason
of lack of sufficient or adequate maintenance of the property, lot,
use, building or structure, to fall below the standards and level
of maintenance of the surrounding properties, and/or being vacant,
any of which depreciates the enjoyment and the use of the property
in the immediate vicinity to such an extent that it is harmful to
the community or neighborhood in which the property is situated or
such condition exists.
13.
Any accumulation of rocks, logs or other material that constitutes
a hazard or threat to public safety or to property.
14.
Failure to properly store and/or allowing solid waste containers
to remain at the curb beyond that time authorized by the Code of Ordinances.
15.
All dangerous and unsanitary conditions resulting from exposed sewage,
sludge, effluent or human excreta, or the contamination of any stream
or watercourse or the surface of any ground or any street or other
area in the City by any such sewage, sludge, effluent or human excreta,
or the maintenance of any sanitary or storm water sewer in a dangerous,
defective or unsanitary condition.
16.
Carcasses of dead animals on any property not buried or destroyed
within twenty-four (24) hours after death.
17.
All infestations of files, fleas, roaches, lice, ticks, rats, mice,
fly maggots, mosquito larvae and hookworm larvae on any property.
18.
To commit any offense which is a nuisance according to the common
law of the land, or made such by the Statutes of the State of Missouri.
19.
To conduct any building, business or other operation or activity
between the hours of 10:00 P.M. and 6:00 A.M. that includes loud or
unusual noise audible to residential areas within the City and which
disturbs the peace and quiet of the residential areas. Such loud or
unusual noise shall include but not be limited to the operation of
power shovels, excavators, pneumatic hammers, power hoists, and other
construction equipment, the collection of garbage accompanied by large
vehicle noise, and/or the noise of objects striking objects.
20.
To deposit or allow to be deposited any mud, rock, sand, cement or
other construction debris, upon any public highway, street, alley,
sidewalk, rights-of-way, or upon any private way, and whether accepted
for maintenance or not.
21.
All other acts, practices, conduct, businesses, occupations, callings,
trades, uses of property, and all other things detrimental to the
health of the inhabitants of the City.
[Ord. No. 6.37 (Bill
No. 2759), 11-7-2019; Ord. No. 7.52 (Bill No. 2847), 1-5-2023]
Whenever a nuisance is determined to exist, the person creating
the nuisance, the owner or owners of the property, lessees or other
persons having control of such property, both jointly and severally,
may be deemed responsible.
[Ord. No. 6.37 (Bill
No. 2759), 11-7-2019]
The Chief of Police, the Community Development Director, or
their assigns may enter the premises upon which any nuisance has been
reported or found for the purpose of posting, serving or placing any
notice provided for in this Chapter.
[Ord. No. 6.37 (Bill
No. 2759), 11-7-2019]
In order to insure or preserve the public health, the Chief
of Police, the Community Development Director, or their assigns, may
enter the premises to inspect a known or suspected nuisance and abate
same. When required, any Municipal Judge shall have the authority
to order a warrant for these purposes.
[Ord. No. 6.37 (Bill
No. 2759), 11-7-2019]
A.
Defined.
A search warrant under this Section is a written order by any judge
in the Municipal Court of the City of Arnold, Missouri, for the search
or inspection of any property, the seizure of any property, or both
search and seizure of any property within the limits of the City.
B.
Process.
If a complaint, in writing, is filed by the Chief of Police or Community
Development Director's authorized representatives, any Police Officer,
Deputy or City Attorney of the City, with the Municipal Judge stating
that he or she has probable cause to believe there exists in the premises,
more particularly described therein, a violation or violations of
the provisions of this Chapter and is within the territorial jurisdiction
of the City, and if such complaint is verified by the oath or affirmation
stating evidential facts from which such judge determines the existence
of probable cause, then such judge shall issue a search warrant directed
to the authorized person to search the premises, building or structure
therein described for the purposes requested and seize any specified
property or conduct any tests necessary to determine the presence
of a violation or violations of the provisions of this Chapter. Such
search warrant shall be executed and returned within ten (10) days
after the date of its issuance. The person authorized to conduct the
search and conduct tests under the warrant shall make a return promptly
after concluding the search, and such return shall contain an itemization
of all violations of this Chapter discovered pursuant to such search
and tests. Refusal to allow entry upon presentation of a search warrant
shall be an ordinance violation. Forcible entry may be permitted when
authorized by the search warrant.
[Ord. No. 6.37 (Bill
No. 2759), 11-7-2019]
A.
Whenever it comes to the attention of the City, or the City becomes
aware of the existence of a nuisance, the City shall investigate the
nuisance and have prepared a report concerning the same. If a nuisance
is found to exist, a warning notice shall be left with any person
occupying such property, whether such person is the owner or lessee
thereof, by delivering such warning notice to such person, or if no
one is present on the property or refuses to accept the notice, then
by posting the warning notice on the front, side or rear entrance
to the residence or building. Such warning notice shall provide that
the nuisance must be abated within fourteen (14) days of either receipt
or posting thereof.
B.
The warning notice provided in Subsection (A) shall contain:
1.
The address or legal description of the property;
2.
The number of the Chapter of the Code being violated;
3.
The nature of the violation, and the date by which such violation
shall be removed or abated, and if not abated by said date, that a
summons will issue to appear in the Municipal Court;
4.
A notice of the penalty for failure to timely remove or abate
the nuisance, stating that if the nuisance reoccurs by the same occupier,
owner or person having control, a summons will be issued without further
notice.
C.
If the nuisance occurs on unimproved property or where the residence or building is unoccupied, the notice may be posted as provided in Subsection (B), and if the property is unimproved, by placing the notice upon a tree or other object upon such property as may be available.
D.
A notice, in writing, containing the same information as provided on the warning notice provided in Subsection (B) shall be sent to the owner or any person having control of the property at the last known address of the owner, or at the address of the person having control, by ordinary mail, postage prepaid.
[Ord. No. 6.37 (Bill
No. 2759), 11-7-2019]
If the occupant, owner, or person in control of property for
which a warning notice has been given to remove or abate a nuisance,
fails to remove or abate the nuisance in the time specified in the
notice, whether on public or private property, the City may remove
or contract to have removed the same and thereby abate the nuisance
and, if necessary, may lawfully enter upon the property on which the
nuisance remains unabated to remove or abate such nuisance at the
cost or expense of the person or persons responsible for creating
or maintaining the nuisance.
[Ord. No. 6.37 (Bill
No. 2759), 11-7-2019]
All costs and expenses incurred by the City in removing or abating
any nuisance on any private property may be assessed against the property
in the form of a special tax bill in the same manner and with the
same effect as special tax bills issued for neighborhood improvement
districts, which special tax bill shall become a lien on the property.
Alternatively, the cost of removing or abating the nuisance, whether
on public or private property, may be made a part of the judgment
by the Municipal Judge, in addition to any other penalties and cost
imposed, if the person charged either pleads guilty or is found guilty
of causing, permitting, creating or maintaining a nuisance on public
or private property.
[Ord. No. 6.37 (Bill
No. 2759), 11-7-2019]
Nothing provided in this Article is intended to prevent the
City from seeking other remedies it may have with respect to the abatement
of nuisances, including the institution of civil actions.
[Ord. No. 6.37 (Bill
No. 2759), 11-7-2019]
The City may prevent, abate or remove all nuisances on public or private property in a summary manner. Summary removal or abatement by the City is permitted when an existing nuisance creates an emergency that reasonably requires the necessity of immediate removal or abatement thereof for reasons of health, safety, morals or general welfare of the inhabitants of the City. The cost of summary abatement shall be assessed to the person responsible as set out above in Section 220.090.
