Village of Hanley Hills, MO Article I Generally

Section 215.010 Nuisances Affecting Health.

[R.O. 2012 §215.010; Ord. No. 831 Art. I, 1-17-2002; Ord. No. 968 Art. I, 7-16-2009]

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. Air pollution.

a. It shall be unlawful for any person, firm or corporation to permit or cause the escape of such quantities of soot, cinders, noxious acids, fumes and gases, or other particulate matter from whatever source in such place or manner as to be detrimental to any person or to the public or to endanger the health, comfort and safety of any such person or the public or in such manner as to cause or have a tendency to cause injury or damage to property or business. The escape of such matter is declared to be a public nuisance. Each day wherein a violation of this Section occurs shall constitute a separate offense.

b. No person shall cause or permit the engine of a motor vehicle, other than an emergency vehicle, to idle for longer than three (3) consecutive minutes while parking, standing or stopping as defined in the St. Louis County Traffic Code, unless the engine is being used to operate a loading, unloading or processing device. In addition, no person shall cause or permit the engine of a motor vehicle to emit pollution for more than ten (10) consecutive seconds. In this instance, pollution is indicated by blue-gray smoke issuing from the tailpipe when idling or driving.

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 Village of Hanley Hills.

11. Any vehicle used for garbage or rubbish disposal which is not equipped with a water-tight 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 Village 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 Village of Hanley Hills and the Statutes of the State of Missouri.

15. 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.

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 Village of Hanley Hills.

17. Any broken or leaking sanitary or storm sewer.

B. Unlawful To Cause, Maintain Within Village 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 Village of Hanley Hills, or within one-half (½) mile of the corporate limits of the Village of Hanley Hills, 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 Chairman or his/her designate shall have the authority to order the Chief of Police or Health Officer or other Village Official to immediately abate the nuisance in an appropriate manner.

D. Abatement — Procedure Generally. Whenever the Board of Trustees 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 Village. 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 Village, 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 Trustees may determine that a nuisance exists, it may direct the Health Officer or Chief of Police or other Village 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 Village 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 Village 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 Village 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.

E. Additional Abatement Provisions.

1. Procedure for delay in abatement of nuisance or compliance with closure order. In case the abatement of any nuisance described in Section 215.010 (A) through (D) is not immediately necessary for the protection of the health of the inhabitants of the Village, or in case of the existence of any alleged nuisance not defined therein, the Chairperson of the Board of Trustees shall hold a public hearing before declaring the same to be a nuisance and ordering its abatement. Ten (10) days' notice of such hearing shall be given to the owner or occupant of the premises upon which such alleged nuisance exists, or to his or her agent, or to the person causing or remaining such alleged nuisance, which notice shall state the time and place of such hearing. In the event the whereabouts of the owner or occupant of the premises where such alleged nuisance exists, or of his or her agent, or the person causing or maintaining such alleged nuisance are unknown and notice cannot be served upon them, such notice shall be posted on the premises where such alleged nuisance exists, at least ten (10) days before such hearing. All interested parties may appear at such hearing either in person or by attorney and present evidence concerning the matters at issue. If upon such hearing the Chairperson of the Board of Trustees finds that a nuisance exists, the Chairperson of the Board of Trustees shall order the owner, occupant or agent of such property, or the person causing or maintaining such nuisance, to abate the same; and if the same be not abated within the time prescribed by the Chairperson of the Board of Trustees in such order, the Chairperson of the Board of Trustees shall abate the same, and the costs thereof may be levied as a special tax in the manner prescribed in Section 215.010(D)(4 — 5). If the Chairperson of the Board of Trustees finds that the premises are in violation of Section 215.010(E)(10) or (E)(11), the Chairperson of the Board of Trustees may order the immediate closure of the premises in accordance with said Sections.

2. Duty of owner or occupant to abate upon order of the Chairperson of the Board of Trustees or to comply with closure order of the Chairperson of the Board of Trustees. It shall be the duty of the owner or occupant of the premises, or his or her agent, or the person causing or maintaining any nuisance, to abate the same after an order by the Chairperson of the Board of Trustees in accordance with the terms prescribed in such order; and any failure to do so shall constitute a violation of this Chapter and shall subject such person to the penalties prescribed for such violation in Section 100.220. In addition, any failure to comply with any order by the Chairperson of the Board of Trustees in reference to either abatement or the nuisance or closure of the premises shall subject such person to the general penalty prescribed in Village Code Section 100.220.

3. Right of Village to recover costs of abatement by civil action. Nothing in the previous Subdivisions shall be construed as abandoning or limiting the Village's right by civil action in the Circuit Court to recover the expense incurred in abating any nuisance.

4. Appearance at hearings before Chairperson of the Board of Trustees. A hearing before the Chairperson of the Board of Trustees relating to the abatement of nuisances as provided by this Chapter, the interested persons may appear in person or by attorney, or may file affidavits.

5. Pro rata distribution of costs of abating nuisance located on property of more than one (1) owner. If any nuisance abated the Chairperson of the Board of Trustees as provided by this Chapter extended, before the abatement, over the property of more than one (1) owner, the cost of abating the same shall be assessed in proportion to the amount of work and expense for each proportionate part of the entire work and the area, and the special tax bills provided for by this Chapter shall be levied and collected accordingly, but in determining who is the owner of any particular lot, plot or parcel of land for the pro rata distribution of the assessment of such cost, each group of owners, as for instance in joint tenancy or in common, shall be deemed a single owner in order to preserve to the Village its lien against the particular lot, plot or parcel of land under the special tax bill levied against the same as aforesaid.

6. Right of entry by persons employed or contracted to abate nuisance — interference prohibited. Any person or contractor employed or contracted with for the abatement of a nuisance and any agent or employee of such contractor shall have the right of entry for that purpose into and upon any premises, at reasonable hours, and it is unlawful to interfere with any Police Officer or any officer, agent or employee of the Village or with any representative of the Chairperson of the Board of Trustees for the purpose of sanitary inspection or the discovery or abatement of any nuisance.

7. Liability for nuisances. The owner of any premises, or his or her agent in charge thereof, as well as the tenant or occupant of such premises, is charged with the duty of observing all of the requirements and provisions of this Code with reference to nuisances, and any or all of such persons, together with the person causing or contributing to cause or bring about any nuisance, may be charged with such offense and shall be equally liable.

8. Clogged or stopped gutters. It is unlawful and a nuisance for any person in the Village to suffer or permit any gutters fronting or adjacent to any lot or premises occupied or owned by him or her to become so clogged or stopped up by an accumulation of filth or mud as to prevent the free passage of water along and through them.

9. Soil erosion — depletion of topsoil. It is unlawful for any person, firm or corporation to maintain any lot, tract or parcel of land in the Village in such a manner so as cause erosion, alteration of the natural topography and grade of land, or depletion of natural deposits of topsoil and other natural materials. If in the determination of the Village Forester the only feasible method of soil erosion control is by revegetation, specifications for the work shall provide that the tract shall be harrowed or raked to establish a seedbed and shall be seeded with grass, permanent pasture mixture, or other approve fast-growing vegetation and shall be repeated as often as necessary until the lot, tract or parcel is stabilized.

10. 

Places used for illegal sale and use of controlled substances.

a. Definitions. As used in this Section:

CONTROLLED SUBSTANCES

Drugs, substances, or immediate precursors in Schedules I through V listed in Sections 195.005 to 195.425, RSMo.

INHABITABLE STRUCTURE

A ship, trailer, sleeping car, airplane, or other vehicle or structure:

(1) Where any person lives or carries on business or other calling; or

(2) Where people assemble for purposes of business, government, education, religion, entertainment or public transportation; or

(3) Which is used for overnight accommodation of persons. Any such vehicle or structure is "inhabitable" regardless of whether a person is actually present.

b. Any room, building, structure or inhabitable structure which is used for the illegal use, keeping or selling of controlled substances is a public nuisance. No person shall keep or maintain such a public nuisance.

c. In addition to any other municipal ordinance prosecutions, the Village prosecutor may by information charge the owner or the occupant, or both the owner and the occupant of the room, building, structure or inhabitable structure with the violation of keeping or maintaining a public nuisance.

d. Notwithstanding the other Sections of this Chapter, if the Chairperson of the Board of Trustees or their designee finds that the owner of the room, building, structure or inhabitable structure knew that the premises were being used for the illegal use, keeping or selling of controlled substances, the Chairperson of the Board of Trustees may order that the premises shall not be occupied or used for such period as the Chairperson of the Board of Trustees may determine, not to exceed one (1) year.

e. It is unlawful for any person to occupy, use or to permit the occupancy or use of any room, building, structure or inhabitable structure in violation of any order issued by the Chairperson of the Board of Trustee pursuant to this Section.

11. Places used for the commission of crimes or ordinance violations, or acts done, permitted, allowed, or continued to the damage or injury of any inhabitants of the Village.

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 Village is a public nuisance.

c. The Police Commissioner 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 Village, 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 Village after such notice, the Police Commissioner shall file a petition with the Chairperson of the Board of Trustees which shall state what relief is sought or proposed and the reason for granting it.

e. The Chairperson of the Board of Trustees 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 Chairperson of the Board of Trustees 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, the 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 Village 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 Chairperson of the Board of Trustees 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 Chairperson of the Board of Trustees 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 Village 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 Village 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 close 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 Village.

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.