[Ord. No. 1337 §1, 6-25-2002]
It shall be 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 to permit or maintain on any such lot or land,
or along the sidewalk, street or alley adjacent to the same between
the property line and the curb, any growth of weeds, grass and poisonous
or harmful vegetation to a greater height than ten (10) inches on
the average, or any accumulation of dead weeds, grass or brush.
[Ord. No. 1337 §2, 6-25-2002]
No person, firm or corporation having control of any lot, tract,
or parcel of land or any part thereof shall keep, maintain, cause
or permit any of the conditions declared in this Chapter to be nuisances
to exist on any lot, parcel or tract of land within the City of St.
Robert.
[Ord. No. 1337 §3, 6-25-2002]
A.
The
following are hereby defined and declared to be nuisances:
1.
Any act done, 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 oz private place, which is injurious or dangerous
to the public health.
2.
The accumulation upon any premises or the discharge thereof upon
any public way or public place or private property of any dirty or
stagnant water, foul or dirty liquid sewage, liquid waste, wash water,
wastewater, or filthy water or liquid of any type.
3.
The accumulation or existence upon any premises or public way of
any trash, debris, garbage, waste, rubbish, filth, ashes, cinders,
sawdust, old lumber, stones, rocks, cans, paper, refuse, old iron
or other metal, wearing apparel, decaying animal or vegetable matter,
dead animals, animal waste or other like items.
4.
The exercise of any activity, business, manufacture or trade which
shall cause any noxious exhalations or offensive odors which are discomforting,
offensive or detrimental to the health of individuals or of the public.
5.
Any open, uncovered or unprotected hole, well or cistern on any premises,
or any hole, well, cistern or pool of water which is impure or unwholesome
in nature.
6.
Allowing or permitting sewage or wastewater from any cesspool, septic
tank or the laterals or sewer lines therefrom to rise, seep or pass
to the surface of lands.
7.
Any dilapidated fence, wall, barrier, enclosure, shed, shelter, hut,
lean-to, outbuilding, garage, shop, or other structure located on
any premises.
8.
Any slaughterhouse, stockyard, stable, cattle yard, hog pen, sheep
pen, cow pen or fowl pen, which is offensive, injurious, obnoxious,
unsafe or annoying to the public.
9.
Any obstruction caused or permitted on any street, sidewalk, public
or private alley which is injurious, dangerous, offensive, inconvenient,
unsafe, or unhealthy to the public.
10.
Any cellar, vault, private drain, pool, sewer, sink, container, refrigerator,
ice box or other like item which may be sufficiently tightly closed
to cause suffocation or other injury.
11.
Any condition, structure or accumulation of items which might cause
or allow injury to persons or damage to property.
12.
Any growth of grass, weeds, brush or poisonous or harmful vegetation
to a greater height than ten (10) inches on such property.
13.
Any accumulation of dead grass, weeds, brush or poisonous or harmful
vegetation on such property.
14.
Any poison ivy, poison oak, ragweed or other poisonous plants to
grow on any such property.
[Ord. No. 1337 §4, 6-25-2002]
A.
The
person designated pursuant to the Notice to Abate Section shall have
the power to remove or cause to be removed, any nuisance as described
in this Chapter, or to compel the owners or occupants or the person
causing or maintaining any nuisance on any premises to remove, abate
and/or clean up such nuisance.
B.
The
person designated pursuant to the Notice to Abate Section shall have
the authority and right to enter into any premises, building, structure,
lot or parcel of land to ascertain the existence and extent of any
nuisance therein or thereon.
[Ord. No. 1337 §5, 6-25-2002]
It shall be unlawful for any person to hinder, impede or interfere
with the person designated pursuant to the Notice to Abate Section
or to prevent him/her from discharging any of the duties, powers,
rights or authority conferred upon him/her by this Chapter.
[Ord. No. 1337 §6, 6-25-2002]
A.
It
shall be the duty of any owner, lessee, occupant or any other person
having control of any lot, tract or parcel of land, or any part thereof,
to cut and remove or cause to be cut and removed all such grass, weed,
brush, poisonous or harmful vegetation as often as may be necessary
to comply with the provisions of this Section.
B.
It
shall be the duty of the owner, lessee, occupant, or any other person
having control of the premises where any nuisance exists, or the persons
causing or maintaining any nuisance thereon, to abate the same after
a written order from the person designated pursuant to the Notice
to Abate Section is served on such person directing the removal of
such nuisance.
[Ord. No. 1337 §7, 6-25-2002]
A.
If
any of the conditions prohibited by this Chapter shall exist, the
department head responsible for code enforcement or a designee of
this department head or other official designated by the Mayor shall
give written notice to the owner, and the lessee, occupant, representative
of the owner, or any other person having control of any lot, tract
or parcel of land, or any part thereof and such notice shall order
the cutting and/or removal of the nuisance or growth to comply with
this Section within seven (7) days of the delivery of such notice.
The notice may be delivered in person or by certified mail to the
last known address of the person or persons to whom notice is directed.
B.
The
notice shall describe the nuisance or condition to be abated, the
location thereof, the action to be taken to abate the nuisance and
the time in which compliance must occur. The notice shall be served
on the owner and on the occupant of the premises where any nuisance
exists, or on the person causing or maintaining any nuisance thereon
in person or by certified mail.
[Ord. No. 1337 §8, 6-25-2002; Ord. No. 1350 §1, 7-29-2002; Ord. No. 3288, 9-25-2018]
Any person receiving a notice from the person designated pursuant to the "Notice To Abate", Section 205.070 ordering the cutting and/or removal of any growth of grass, weeds, brush or other vegetation or the removal of the nuisance, may request a hearing on such matter by the Municipal Judge by filing written request for such hearing with the department head responsible for code enforcement within seven (7) days of the delivery of the notice by the person designated pursuant to the "Notice To Abate," Section 205.070.
[Ord. No. 1337 §9, 6-25-2002; Ord. No. 1350 §1, 7-29-2002; Ord. No. 3288, 9-25-2018]
The hearing before the Municipal Judge shall be scheduled and held, and both the City of St. Robert and the person or persons requesting such hearing may present evidence. If the Municipal Judge shall uphold the order of the person designated pursuant to the "Notice To Abate," Section 205.070, then the actions directed by the order must be carried out within seven (7) days.
[Ord. No. 1337 §10, 6-25-2002]
A.
If the person or persons to whom notice shall be given fails to comply with the order to cut and/or remove the nuisance when required by this Chapter, or if no person can be found to whom such notice is to be directed, or if a hearing is requested and the department head responsible for code enforcement shall uphold the determination of the nuisance and the nuisance is not abated within seven (7) days after such hearing, then the person designated pursuant to the "Notice To Abate", Section 205.070 shall, on behalf of the City of St. Robert, have the right to enter the premises or location, and direct or cause the growth of grass, weeds, brush, or other vegetation to be cut and/or nuisance removed. The costs and expenses of such cutting and/or removal may be charged against the land on which the growth existed as a municipal lien and such costs may be added to the tax statement of such land as an assessment or special tax against the land to be recovered as in the case of any assessment of special tax; or the City of St. Robert may recover such costs in a suit at law against the owner, lessee, occupant or other person responsible for such conditions.
B.
It shall be unlawful for any person to interfere with, hinder or refuse to allow the person designated pursuant to the "Notice To Abate", Section 205.070 or his/her designee(s) to enter upon such property for the purpose of cutting and/or removing the growth of grass, weeds, brush or other a vegetation.
[Ord. No. 2824 §2, 9-1-2015]
A.
If grass, weeds or trash are allowed to grow or accumulate in the
City, the owner of the real property or in the case of joint tenancy,
tenancy by entirety or tenancy in common, each owner thereof, shall
be liable.
B.
The department head responsible for code enforcement, or a designee
of the department head, or other official designated by the Mayor,
shall give a hearing, after ten (10) days' notice thereof, either
personally or by United States Mail to the owner or owners, or the
owners agents, or by posting such notice on the premises.
C.
After the hearing is held, the designated official may declare the
grass, weeds or trash to be a nuisance and order the same to be abated
within five (5) days.
E.
If the grass, weeds or trash are not abated within five (5) days
of the declaration of the nuisance and order of abatement, the designated
official shall have the grass, weeds or trash removed and shall certify
the cost of the same to the City Clerk.
F.
The City Clerk shall cause a special tax bill therefor against the
property to be prepared and to be collected by the Collector with
other taxes assessed against the property.
G.
The tax bill from its date of issuance shall be a first lien on the
property until paid, and shall be prima fascia evidence of the recitals
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.
H.
Each special tax bill shall be issued by the City Clerk and delivered
to the Collector on or before the first day of June each year.
I.
Such tax bills, if not paid when due, shall bear interest at the
rate of eight percent (8%) per annum.
J.
This Section is intended to incorporate the provisions of Section 71.285, RSMo., and all other notice requirements or time limitations in City Code Chapter 205, shall not be applicable to grass, weeds and trash, when this Section is being enforced. Those notice requirements or time limitations shall be applicable for other enforcement proceedings on other ordinances.
K.
The definitional Section 205.030(A)(12) is applicable to this Section.
[Ord. No. 1337 §11, 6-25-2002]
A.
Any
person who shall violate any of the terms of this Chapter, upon conviction
thereof, shall be punished by a fine not to exceed five hundred dollars
($500.00) and costs, or ninety (90) days imprisonment or by both the
fine and imprisonment.
B.
Any person who shall hinder, impede or interfere with the person designated pursuant to the "Notice To Abate", Section 205.070 or his/her designee(s) to enter upon property for the propose of inspection or removal of nuisances, pursuant to this Chapter, upon conviction, thereof, shall be fined not exceeding five hundred dollars ($500.00) and/or ninety (90) days imprisonment for each offence.
C.
The department head responsible for code enforcement shall institute
prosecution for violations of this Chapter by filing any information
of such violation with the Municipal Prosecutor, or other agent designated
by the Mayor of the City of St. Robert.
[Ord. No. 2934 §§3 —
4, 7-19-2016]
[Ord. No. 1337 §12, 6-25-2002]
As an additional remedy, any of the conditions herein declared
to be a public nuisance may be subjected to abatement by a temporary
and/or a permanent injunction by a court of competent jurisdiction.
[Ord. No. 1337 §§13 —
16, 6-25-2002]
A.
The
City Clerk shall cause a special tax bill therefore against the property
to be prepared and to be collected by the Collector, with other taxes
assessed against the property.
B.
The
tax bill from the date of its issuance shall be a lien on the property
and be a personal debt against the owner until paid and shall be a
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.
C.
Each
special tax bill shall be issued by the City Clerk and delivered to
the Collector on or before the first (1st) day of June of each year.
D.
Such
bills, if not paid when due, shall bear interest at the rate of eight
percent (8%) per annum.
