[R.O. 2008 § 220.005; Ord. No. 6760, 2-11-2021]
In this Chapter, unless the context
requires a different definition, the following shall apply:
Any trailer which is designed, adapted or used to carry or
transport a commercial vehicle or other commercial equipment or supplies,
or to haul or store garbage, waste materials or debris of any kind,
excluding ladder racks.
[R.O. 2008 § 220.010; Ord. No. 5315 § 1, 4-10-2008]
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 of O'Fallon or within
one-half (1/2) mile of the corporate limits of the City of O'Fallon,
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.
[R.O. 2008 § 220.020; Ord. No. 5315 § 1, 4-10-2008; Ord. No. 5589 § 1, 4-22-2010; Ord. No. 5657 § 1, 1-13-2011; Ord. No. 5886 § 1, 5-24-2013]
A.
The following conditions, acts and business
operations are hereby declared to be nuisances affecting public health:
1.
Stagnant water and water collected
and allowed to stand for more than thirty-six (36) hours and the presence
of containers, old tires, debris or other conditions which lend themselves
to the collection and retention of pools or puddles of water which
may become stagnant. This Subsection shall not include swimming pools,
decorative or patio ponds or fountains or other containers where the
water is continuously filtered, cleaned or cycled.
2.
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.
3.
Any storage or accumulation on any
premises or any open lot of any lumber, bricks, stones, gravel, concrete,
dirt, sand or similar materials, unless the same shall be stored in
permanently constructed structure which is fully enclosed.
4.
The presence of debris of any kind
including, but not limited to, weed cuttings, cut and fallen trees
and shrubs, rubbish and trash, 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.
5.
Any accumulation, deposit or outside
storage or any vehicular or equipment parts, inoperable appliances
and other equipment, junk or material of any nature where said accumulation,
deposit or outside storage may constitute an attractive nuisance danger
to children, provide a breeding or nesting area for vermin, rodents
and other animals, or collect stagnant water.
6.
Any and all infestation of flies,
fleas, roaches, lice, ticks, rats, mice, fly maggots, mosquito larvae
and hookworm larvae.
7.
The keeping of animals and fowls
in any area within the City where the keeping of such animals is not
permitted or in any unclean or filthy pen, shed or other enclosure.
8.
All diseased animals running at large.
9.
Carcasses of dead animals not buried
or destroyed within twenty-four (24) hours after death.
10.
Unless otherwise provided in this
Code, grass, brush, vegetation and weeds more than eight (8) inches
in height along any public or private street for a minimum depth of
twenty (20) feet back from the outer edge of the curbing or the outer
edge of the pavement if no curbing exists; and eight (8) inches in
height elsewhere on improved property on which a building or structure
is located, and eight (8) inches in height elsewhere on property on
which no building or structure is located; provided however, that
these height limitations shall not apply:
a.
On land designated as being within a floodplain pursuant to Chapter 415 of this Code of Ordinances;
b.
Within fifteen (15) feet of the top
of the bank of a creek or larger waterway; and
c.
On land which has a slope of more
than 2.5 to 1.
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Whenever private property abuts a
public right-of-way or easement belonging to the City of O'Fallon
or any public entity, and there exists in such right-of-way or easement
a lawn or grassy area between the private property line and the midline
of said right-of-way or easement, then such lawn or grassy area shall
be considered, for purposes of this Section requiring the cutting
of grass and weeds, to be a part of the private lot which abuts the
right-of-way or easement, and it shall be the duty of those responsible
for the maintenance of the private lot to equally maintain the lawn
or grassy area within the abutting right-of-way or easement, and all
of the provisions of this Section shall apply with equal force and
effect to said lawn or grassy area.
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11.
Dead or dying trees.
12.
The shining of artificial light onto
public or private property as to be an annoyance, hurt, injury or
inconvenience to other persons.
14.
The presence on any property of any
steel-jawed animal traps or similar devices, unless authorized by
the Police Department.
15.
Buildings in such a state of disrepair
as to affect the health, safety and welfare of the citizens of O'Fallon
or which are maintained in violation of the zoning or building codes
of the City.
16.
Any accumulation or storage of firewood
in the front yard of any lot, other than in a commercially manufactured
decorative firewood rack on the front porch, or in the rear yard of
any lot unless evenly piled or stacked either on open racks elevated
not less than six (6) inches above the ground or on a durably paved
surface.
17.
The maintenance, storage or use of
any furniture outside a fully enclosed structure, unless the furniture
is designed and built for exterior use and to resist damage and deterioration
by the elements.
18.
Water or other liquid diverted from
a sump pump which flows onto streets and sidewalks.
19.
Any land disturbance activity or
area where vegetation has been cleared or has not been maintained
or other condition which results in the runoff of mud, dirt, rocks
or any other material onto sidewalks, streets or other rights-of-way
or into creeks, streams, drainage ditch or any stormwater system or
facility.
20.
The discharge onto any street, sidewalk
or right-of-way or into any creek, stream, drainage ditch or stormwater
system of 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 water drainage or the storm system or interfere with the proper
operation of the system or which will pollute the natural creeks or
waterways or cause a hazard to the public.
21.
Every privy, privy vault, cesspool,
septic tank or other receptacle of any kind containing human excrement
which is overflowing, full, insecure or in a defective condition or
which emits offensive, noxious or unhealthful odor to the neighborhood
or which permits discharges in violation of State law or ordinance.
22.
Garbage and recycle cans which are
not securely covered, which are leaking, which are unsanitary or which
do not prevent the entry of flies, insects and rodents and garbage
and recycle cans which have been left or stored along public roads,
sidewalks and rights-of-way in the City of O'Fallon for anytime outside
the thirty-six (36) hours beginning at 6:00 P.M. on the evening prior
to that resident's scheduled service day and ending at 6:00 A.M. the
day following the scheduled service. Holidays occurring during the
week can affect the resident's normally scheduled service day.
23.
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.
24.
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 the premises, occupant or to any other person.
25.
Any vehicle used for septic tank
cleaning which does not meet the requirements of the Code of Ordinances
for the City of O'Fallon.
26.
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.
27.
The parking or storage of any derelict,
unlicensed or non-functional vehicle, trailer, boat, camper or other
recreational vehicle unless such storage is within an enclosed garage.
28.
The parking or storage of any vehicle,
trailer, boat, camper or other recreational vehicle anywhere other
than on a durably paved surface; for the purposes of this Section,
"durably paved surface" shall mean asphalt or concrete. However, any
residence or business establishment with a legally permitted gravel
parking surface may use such surface for parking of licensed and functional
vehicles.
29.
All decayed or unwholesome food offered
for sale to the public or offered to the public at no charge.
30.
Common drinking cups, roller towels,
combs, brushes or eating utensils in public or semi-public places
where not properly sanitized after use.
31.
Unlicensed dumps and licensed dumps
not operated or maintained in compliance with the ordinances of the
City of O'Fallon or State law.
32.
The presence of any graffiti displayed
on exterior surfaces of property. "Graffiti" is hereby defined as
any word, phrase, motto, name, design, symbol or picture written,
scribbled, painted, drawn, etched or scratched directly onto any portion
of public property or onto an exterior surface on private property.
33.
Any obstruction or encumbrance of
any street, curb, alley, cul-de-sac, sidewalk or right-of-way within
the City by placing or causing to be placed barricades, objects or
other obstructions including, but not limited to, signs, boxes, stones,
junk, portable basketball hoops, etc., on such streets, curbs, alleys,
culs-de-sac, sidewalks or right-of-way unless such placement is permitted
by the City or permitted under the provisions of this Code.
34.
Any business operation or establishment,
although licensed or permitted, which is operating in violation of
any law, ordinance or permit or plan condition or which is causing
or maintaining any condition which is detrimental to the health, safety
and welfare of the inhabitants of the area.
35.
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 O'Fallon.
36.
No commercial trailer shall be allowed
to be parked in a residential driveway.
[Ord. No.
6760, 2-11-2021]
[R.O. 2008 § 220.030; Ord. No. 5315 § 1, 4-10-2008]
A.
For the purpose of examining the sanitary
condition thereof and for the discovery and abatement of public nuisances
therein, any Code Enforcement Officer, Police Officer or other official,
agent or employee of the City are hereby authorized to:
1.
Inspect property from any adjoining
public property or from adjoining private property if the owner of
the neighboring private property has given consent to such entry;
and
2.
Enter and inspect all property, buildings
and parts of buildings and other premises pursuant to lawful authority
which shall include consent of the owner of the property, valid administrative
search warrant or in areas where the owner of which has no expectation
of privacy.
[R.O. 2008 § 220.040; Ord. No. 5315 § 1, 4-10-2008]
A.
Before any action is taken with respect
to any nuisance, the Code Enforcement Official shall give written
notice to the person or persons causing or maintaining such nuisance
and shall order such person or persons to abate the same within a
reasonable time to be specified in such notice. If the City contemplates
abatement of the nuisance, then the notice shall also set forth the
date, time and place for hearing and shall order such person to appear
before the Director of Community Development, or his or her designee,
at such time and place as the Code Official may direct to show cause,
if any, why the nuisance should not be abated.
B.
Such notice may be served by the Code Enforcement
Officer or any Police Officer of the City. A copy of such notice shall
be kept by the officer serving the same who shall make his or her
written return thereon stating how, when, on whom and where he or
she served the same and subscribe his or her name thereto. Such notice
may be served by delivering the same to the person or persons to be
notified or a copy thereof left at the usual place of abode of such
person with a member of the family over the age of fifteen (15) years,
unless otherwise provided in this Chapter.
C.
Provided that if the nuisance is being
maintained upon property to which record title is held by a person
or corporation not a resident of this City, a notice prescribed in
this Section may be served by posting a copy thereof in plain view
upon such property at least ten (10) days before any further action
be taken by the City with regard to said nuisance and mailing a copy
to the person maintaining the nuisance at the address as reflected
in the County tax or real estate records.
[R.O. 2008 § 220.045; Ord. No. 5315 § 1, 4-10-2008]
A.
Every person, occupant, tenant, owner or every officer or agent or employee of any corporation or other entity who shall cause or maintain any nuisance and who shall fail or refuse to abate or remove the same within the reasonable time required and specified in the notice of the Code Enforcement Officer shall be deemed guilty of an offense and upon conviction thereof shall be punished as provided in Section 100.010 of this Code. Each and every day such nuisance is maintained after such notice shall constitute a separate and distinct offense punishable in such manner.
B.
Any Code Enforcement Officer or Police
Officer of this City is hereby authorized to issue a citation requiring
an appearance before the Municipal Judge at the date and time as specified
in the citation. The citation shall, in sufficient detail, describe
the nuisance and state the name of the person to appear. The form
of the citation shall be approved by the Municipal Judge. In lieu
of a citation, any Code Enforcement Officer or Police Officer of this
City is hereby authorized to file a complaint with the municipal prosecutor
detailing the circumstances of the nuisance and the person responsible
therefor; such complaint shall serve as a basis to file and issue
an appropriate Information and Summons to the person maintaining a
nuisance in order to charge and proceed in all respects in the Municipal
Court as in other cases involving violations of City ordinance.
[R.O. 2008 § 220.050; Ord. No. 5315 § 1, 4-10-2008]
Nothing in this Chapter or other
ordinances relating to public nuisances, including the failure to
set forth a particular condition as constituting a nuisance, or denominated
by a particular ordinance as offenses or prescribing penalties therefore
shall be construed as limiting or interfering with the duties and
powers of any City Official relative to the condemnation and abatement
of any matter which in law constitutes a public nuisance.
[R.O. 2008 § 220.060; Ord. No. 5315 § 1, 4-10-2008]
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 City shall have
authority to immediately abate the nuisance in an appropriate manner.
[R.O. 2008 § 220.070; Ord. No. 5315 § 1, 4-10-2008]
A.
In addition to other remedies and enforcement
procedures set forth in this Code, the City may proceed to abate the
nuisance in accordance with the provisions of this Section.
1.
Nuisances caused by high grass, weeds,
brush and vegetation may be abated in accordance with the separate
procedure for such nuisance as set forth in this Chapter or in accordance
with the provisions of this Section.
2.
Nuisances caused by an accumulation
of trash, litter and debris may be abated in accordance with the specific
procedure for such nuisance as set forth in this Chapter or in accordance
with the provisions of this Section.
3.
For all other nuisances, the City
shall proceed as follows:
a.
The Code Official shall have issued a notice of the violation in accordance with the provisions of Section 220.040 of this Chapter and shall have included notice of hearing. Every person required to appear shall have at least ten (10) days' notice thereof.
b.
The hearing shall be conducted by
the Director of Community Development or his or her designee. If,
after hearing all the evidence, it is determined that a nuisance exists,
the Director of Community Development shall order the person to abate
the nuisance within twenty (20) days or within such other time as
the Director may deem reasonable. Such order shall be served in the
manner provided in this Section for service of the notice of violation.
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 established, and that a special tax bill be issued for
the costs of abating the nuisance.
c.
The decision of the Director of Community
Development may be appealed by filing an appeal, on such forms as
prescribed by the City, with the City Administrator within seven (7)
days from the Director's decision. The appeal form shall set forth,
at a minimum, the detailed grounds for such appeal and such further
information as requested on the appeal form. The City Administrator
shall review the decision of the Director of Community Development
either, within the Administrator's sole discretion, upon the record
previously made or upon a new hearing and shall issue a written decision
to all parties; such decision may be subject to judicial review in
the Circuit Court of St. Charles County by filing an appropriate petition
for judicial review within fifteen (15) days of the Administrator's
decision.
d.
If the nuisance has not been abated
within the established time period, the appropriate City Official
shall proceed to abate the nuisance in the manner provided by the
order of the Director or the City Administrator, and the cost of same
shall be assessed as a special tax against the property so improved
or upon which such work was done and shall be a lien against said
property. The City Clerk, or his or her designee, shall cause a special
tax bill to be issued 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.
(1)
The costs and expenses incurred by the City shall include the
actual costs billed by third parties performing the abatement and
paid by the City; costs billed by the City Attorney related to the
abatement and paid by the City; costs of mailing or publication of
notices; and costs related to time spent by City personnel in performing
tasks related to the abatement and in preparation of the tax bill,
lien or other paperwork. (These costs shall be based on the time spent
in quarter of an hour increments multiplied by the hourly rate of
pay for the employee.)
(2)
All City departments shall determine and document the costs
and expenses related to abatement of a nuisance which shall be provided
to the City Clerk or his or her designee, for proper billing of such
costs and expenses and for general oversight purposes.
e.
If the bill is not paid within the
time period established for payment, notice of a special tax lien
shall be recorded with the Recorder of Deeds office.
f.
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.
[R.O. 2008 § 220.080; Ord. No. 5315 § 1, 4-10-2008]
A.
In addition to the other methods of abatement
and enforcement as provided in this Code, a business license or other
permit may be suspended or revoked in the event that a business operation
or establishment is found to be maintaining a nuisance.
B.
The Code Official shall issue a notice
of violation to the operation or establishment that has caused or
is maintaining the nuisance that such nuisance exists and order the
property owner and owner or operator of the business (if different
than the property owner) to appear before the Director of Finance,
or his or her designee, at such time and place as determined by the
Director of Finance to show cause, if any, why the business license
or other permit should not be suspended or revoked. Every person required
to appear shall have at least ten (10) days' notice thereof.
C.
Such notice shall be signed by the Code
Official 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 registered agent 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 mailed to such person and posted at the property
which is the site of the nuisance or mailed to such person and published
in a newspaper within the City once at least seven (7) days before
time fixed for the parties to appear. The cost of the mailing and
publication shall be assessed against the property owner and/or business
owner.
D.
If, after hearing all the evidence, it
is determined that a nuisance exists, the Director of Finance, or
his or her designee, shall order the property owner and the owner
or operator of the business to abate the nuisance within twenty (20)
days or within such other time as the Administrator may deem reasonable.
Such order shall be served in the manner provided in this Section
for service of the notice of violation. The order may further provide
that if the nuisance is not abated within the time prescribed, then
the business license or other permit shall be suspended for a certain
period of time or revoked without further proceedings.
E.
The decision of the Director of Finance
may be appealed by filing an appeal, on such forms as prescribed by
the City, with the City Administrator within seven (7) days from the
Director's decision. The appeal form shall set forth, at a minimum,
the detailed grounds for such appeal and such further information
as requested on the appeal form. The City Administrator shall review
the decision of the Director of Finance either, within the Administrator's
sole discretion, upon the record previously made or upon a new hearing
and shall issue a written decision to all parties; such decision may
be subject to judicial review in the Circuit Court of St. Charles
County by filing an appropriate petition for judicial review within
fifteen (15) days of the Administrator's decision.
F.
If the nuisance is not abated or other
provisions of the order are not obeyed within the established time
period, the business license or other permit shall, in the discretion
of the Director of Finance, be suspended for a certain period of time
or revoked without further proceedings.
G.
Upon suspension or revocation of a business
license, the owner and/or operator of the business shall immediately
cease operation of the business at the location set forth in the order.
[R.O. 2008 § 220.090; Ord. No. 5315 § 1, 4-10-2008]
In addition to the other remedies
provided in this Code, if a person has violated or continues to violate
the provisions of this Chapter, the City may petition for a preliminary
or permanent injunction restraining the person from activities which
would create further violations or compelling the person to perform
abatement or remediation of the violation. In addition, the City may
utilize any other remedy, at law or in equity, in order to enforce
the provisions of this Chapter. The City shall recover all attorneys'
fees, court costs and other expenses associated with enforcement of
this Section.
