[R.O. 2008 § 220.105; R.O. 2007 § 220.300; CC 1978 § 300.060; Ord. No. 247 Art. IV § 9, 8-13-1962; Ord. No. 5578 § 1, 3-25-2010; Ord. No. 5752 § 1, 12-8-2011]
A. 
It shall be unlawful and a nuisance for the owner of any lot alongside any intersecting street or alongside any street which enters or runs into another street to have or permit any fence, sign, signboard or billboard to be erected nearer than twenty-five (25) feet to the curb of such street or to erect such structure to a greater height than two (2) feet above the crown of the street at the point of intersection.
B. 
(Reserved)
C. 
In the event any such obstruction to the view of any street intersection shall be maintained in violation of this Section, the City, after due notice to the owner to abate or remove such nuisance, may enter upon such real estate and remove any such plants, flowers, shrubs, bushes, weeds, trees or other vegetation which does not meet the requirements of this Section.
[R.O. 2008 § 220.110; R.O. 2007 § 220.310; Ord. No. 3137 §§ 1 – 8, 8-4-1994]
A. 
Purpose. The O'Fallon City Council finds and determines that graffiti is a nuisance and that it is appropriate that the City provide for the removal of such graffiti from both public and private property under the procedures set forth in this Section.
B. 
Definitions. Whenever the following terms are used in this Section, they shall have the meanings established by this Section:
GRAFFITI
The defacing, damaging or destroying by the spraying of paint or marking of ink, chalk, dye or other similar substances on public and private buildings, structures and places.
GRAFFITI ABATEMENT PROCEDURE
A procedure which identifies graffiti, issues notice to the landowner to abate the graffiti and provides remedies in the absence of a response.
PRIVATE CONTRACTOR
Any person with whom the City shall have duly contracted to remove graffiti.
C. 
The City Council hereby declares as a matter of legislative determination that:
1. 
Graffiti on public and private property depreciates the value of the property, as well as the adjacent and surrounding properties, and negatively impacts upon the entire community.
2. 
The application of graffiti upon walls, rocks, bridges, buildings, fences, gates, other structures, trees and other real and personal property within the corporate boundaries of the City of O'Fallon constitutes a nuisance; and in the interest of the health, safety and general welfare of the residents and taxpayers of the City, immediate steps must be taken to remove this nuisance.
3. 
It shall be unlawful for any person to write, paint or draw upon any wall, rock, bridge, building, fence, gate, other structure, tree or other real or personal property, either publicly or privately owned, any drawing, inscription, figure or mark of the type which is commonly known and referred to as graffiti within the City.
4. 
When appropriate and in addition to a fine and/or imprisonment, the courts should require those who commit acts of defacement of public or private property through the application of graffiti to restore the property so defaced, damaged or destroyed.
5. 
The public is hereby encouraged to cooperate in the elimination of graffiti by reporting to the O'Fallon Police Department the incidents of the application of graffiti which they observe.
6. 
Any person who provides useful information leading to the arrest and prosecution of person(s) who applies graffiti, as outlined in this Section within the City limits, shall be eligible for a reward of up to fifty dollars ($50.00) as determined appropriate by the City Attorney and the City Administrator.
D. 
Notice Of Removal.
1. 
Whenever the Chief of Police determines that graffiti exists on any public and private buildings, structures and places which are visible to any person utilizing any public or private right-of-way in this City, be this road, parkway, alley or otherwise, and that seasonal temperatures permit the painting of exterior surfaces, the Chief of Police shall cause a notice to be issued to abate such nuisance. The property owner shall have ten (10) days after the date of the notice to remove the graffiti, or the conditions will be subject to abatement by the City.
2. 
The notice to abate graffiti pursuant to this Section shall cause a written notice to be served upon the owner(s) of the affected premises, as such owner's name and address appears on the last property tax assessment rolls of the County. If there is no known address for the owner, the notice shall be sent or posted in care of the property address. The notice required by this Section may be served in any one (1) of the following manners:
a. 
By personal service on the owner, occupant or person in charge or control of the property.
b. 
By registered or certified mail addressed to the owner at the owner's last known address. If this address is unknown, the notice will be sent or posted to the property address.
3. 
The notice shall be substantially in the following form:
NOTICE OF INTENT TO REMOVE GRAFFITI
Date:
NOTICE IS HEREBY GIVEN that you are required by law at your expense to remove or paint over the graffiti located on the property located at ____________________, O'Fallon, Missouri, which is visible to public view, within ten (10) days after the date of this notice; or if the graffiti is not removed or painted over, City employees or private contractors employed by the City will enter upon your property and abate the public nuisance by removal or painting over the graffiti. Double the cost of the abatement by the City employees or its private contractors will be assessed upon your property and such doubled costs, if not paid by you within ten (10) days of the abatement, will constitute a lien upon the land until paid.
E. 
Upon failure of persons(s) to comply with the notice by the designated date, the Chief of Police is authorized to cause the graffiti to be abated by City employees or private contract, and the City or its private contractor is expressly authorized to enter upon the premises for such purposes.
All reasonable efforts to minimize damage from such entry shall be taken by the City. If City employees accomplish the removal of the graffiti or other inscribed material, they shall not authorize nor undertake to provide for the painting or repair of any more extensive area than that where the graffiti or other inscribed material is located.
F. 
Any and all costs incurred by the City in the abatement of the graffiti nuisance under the provisions of this Section may constitute a lien against the property upon which nuisance existed.
[R.O. 2008 § 220.120; Ord. No. 5216 § 1, 8-23-2007]
A. 
Units Permitted. Residential homeowners (and only homeowners, these regulations do not apply to developers or commercial builders) may maintain on their lot, during periods of active construction, portable, weather-resistant receptacles designed for the storage of building materials, supplies and equipment; or bulk containers transported to and from the residence by trucks or trailers for the collection and eventual disposal of construction waste. Structures will include, but not be limited to: utility and storage sheds; other small temporary structures or shelters; commercial or industrial shipping containers; or other ground-mounted units designed for long-term storage; semi-trailers; carriers; or haulers; and other items designed for transport as well as storage.
B. 
Permits. Residential lot owners may maintain a "PODS®" type unit (portable on demand storage) or construction dumpster on site for up to five (5) days without a permit. Any use that will require the unit to stay on the residential lot for more than five (5) days shall require a permit. Where permits are required, the permit shall be issued for a thirty (30) day period of time. If the activities on the lot require the use of a receptacle for more than thirty (30) days, then the applicant may apply for an extension. As part of the application for an extension, the applicant shall provide a timetable for completion of the project and shall call out any conditions needed to insure that health, safety and traffic concerns are addressed in a manner as is reasonable and appropriate under the circumstances. The primary responsibility for securing the necessary permits shall be the property owner(s). However, a duly authorized agent, purchaser, lessee, devisee or judiciary may be allowed to represent the owner with proper consent.
C. 
Performance Standards. No temporary storage unit or bulk refuse container allowed on a residential lot shall be set up or operated in any manner so as to create any dangerous, injurious or otherwise objectionable condition so as to adversely affect the surrounding area or adjoining premises.
1. 
Storage units/bulk containers must be located on the same lot where the construction work is being done.
2. 
Storage units/bulk containers must be located on a hard (concrete, asphalt or other improved) surface.
3. 
Storage units/bulk containers must be maintained on the ground; stacking of storage units will not be permitted.
4. 
Storage units/bulk containers shall not block access to utilities or public services (i.e., manholes, meters, fire hydrants, etc.).
5. 
Storage units/bulk containers shall not encroach on any public right-of-way, roadway or sidewalk; all units must be fully contained on the subject property.
6. 
The property owner shall maintain the integrity of the storage unit/bulk container while it is on site.
a. 
If the storage unit/bulk container is breached, the property owner is responsible for insuring that trash, debris or any other materials are not deposited on the surrounding lots.
b. 
The unit exteriors shall be kept clean and shall be painted.
c. 
The unit exteriors shall be free of rust and corrosion.
d. 
Units exhibiting more than normal wear and tear shall be removed and repaired.
D. 
Schedule Of Fees, Costs And Expenses. The City Council shall establish a Schedule of Fees, Costs and Expenses for all matters pertaining to the Sign Code. The Schedule of Fees, Costs and Expenses is identified within Appendix B of Title IV: Land Use and shall be filled with the City Clerk and posted in the offices of the Community Development Department. The schedule shall only be amended by the City Council and shall not require a recommendation from the Planning and Zoning Commission. The processing fee is applicable regardless of approval of the permit. A permit approved by the Planning and Engineering Department is not valid until the permit fee has been paid in full.
[R.O. 2008 § 220.130; Ord. No. 5315 § 2, 4-10-2008; Ord. No. 5808 § 1, 9-13-2012]
A. 
Nuisance Prohibited. Every person who owns, resides in, uses or is responsible for an inhabitable structure shall take all possible action to prevent said inhabitable structure from being the site of any illegal use, possession or selling of a controlled substance or the site of the possession of methamphetamine precursors and/or chemicals used in the manufacture of methamphetamine for the purpose of manufacturing methamphetamine and related substances or the site where any controlled substance is manufactured illegally, and any inhabitable structure which is the site of such activity is hereby declared to be a public nuisance.
B. 
Definitions. For this purpose of this Section, the following terms shall be defined as follows:
CONTROLLED SUBSTANCE
Any substance so classified under Section 102(6) of the Controlled Substances Act, 21 U.S.C. § 802 and includes all substances listed in Schedules I through V of 21 CFR Part 1308 as they may be revised from time to time; and any controlled substance as defined in Chapter 195, RSMo., in effect upon the passage of or as amended and any controlled substance defined as such in this Code.
INHABITABLE STRUCTURE
A vehicle, vessel 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.
4. 
Any such vehicle, vessel, or structure is inhabitable regardless of whether a person is actually present. If a building or structure is divided into separately occupied units, any unit not occupied by the actor is an inhabitable structure of another.
The following terms related to the production or manufacture of methamphetamine and related drugs shall mean:
CHEMICAL USED IN THE MANUFACTURE OF METHAMPHETAMINE
A chemical or substance which is commonly used in the manufacture of methamphetamine or related drugs and is an immediate chemical intermediary used or likely to be used in the manufacture of methamphetamine and related drugs including, but not limited to: anthranilic acid, its esters and its salts; benzyl cyanide; ergotamine and its salts; ergonovine and its salts; N-acetylanthranilic acid, its esters and its salts; phenylacetic acid, its esters and its salts; piperidine and its salts; 3,4,-methylenedioxyphenyl-2-propanone; acetic anhydride; acetone; benzyl chloride; ethyl ether; hydriodic acid; potassium permanganate; 2-butanone (or methyl ethyl ketone or mek); thluene; ephedrine, its salts, optical isomers, and salts of optical isomers; norpseudoephedrine, its salts, optical isomers, and salts of optical isomers; phenyipropanolamine, its salts, optical isomers, and salts of optical isomers; pseudoephedrine, its salts, optical isomers, and salts of optical isomers; methylamine and its salts; ethylamine and its salts; propionic anhydride; isosafrole; safrole; piperonal; N-methylephedrine, its salts, optical isomers and salts of optical isomers; N-methylpseudoephedrine, its salts, optical isomers and salts of optical isomers; benzaldehyde; nitroethane; methyl isobutyl ketone (mibio); sulfuric acid; iodine; red phosphorous; gamma butyrolactone; 1,4 butanediol.
MANUFACTURE OF METHAMPHETAMINE
The production, preparation, propagation, compounding or processing of methamphetamine and/or related drugs by way of either directly or by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis. The possession of more than twenty-four (24) grams of any methamphetamine precursor drug or combination of methamphetamine precursor drugs shall be prima facie evidence of the manufacturing or production of methamphetamine.
METHAMPHETAMINE PRECURSOR DRUG
Any drug containing ephedrine, pseudoephedrine, phenylpropanolamine or any of their salts, optical isomers or salts of optical isomers.
PRODUCTION
The manufacture of a controlled substance.
C. 
Notice Of Public Nuisances. Whenever the City Attorney or the Prosecuting Attorney of the City receives notice that:
1. 
A search warrant has been issued and executed for any inhabitable structure in the City and that controlled substances have been confiscated as a result of said search warrant; or
2. 
An arrest has been made in any inhabitable structure in the City and that controlled substances have been confiscated as a result of said arrest; or
3. 
A search warrant has been issued and executed for any inhabitable structure in the City and that a methamphetamine precursor drug and two (2) or more chemicals used in the manufacture of methamphetamine were discovered as a result of said search warrant:
Then the City Attorney or the Prosecuting Attorney may cause a "notice of public nuisance" to be served on the owners and tenants of said inhabitable structure, advising them that the property may be declared a public nuisance by the Building Official or his/her designee either immediately or in the event of any subsequent use of the inhabitable structure for the illegal use, possession, production or sale of controlled substance. Said notice shall be given in accordance with this Section.
All notices sent to owners and tenants required herein shall be served by means of certified mail, return receipt requested, sent to the last known address of the intended recipient. In the event said notice is not received within ten (10) days of the original mailing, posting said notice in a conspicuous place at the inhabitable structure described therein shall be sufficient and notice shall be deemed received on the date of posting.
It shall be unlawful to mutilate or remove any notice posted on or about an inhabitable structure under authority of this Section.
D. 
Multiple Or Subsequent Incidents Or Involvement Of Methamphetamine. If:
1. 
The City Attorney or Prosecuting Attorney believes that there have been two (2) or more instances of illegal use, possession, production or selling of controlled substances at the inhabitable structure within a three-year period; or
2. 
Within three (3) years of sending the "notice of public nuisance" the City Attorney or Prosecuting Attorney receives notice of a subsequent use of the inhabitable structure for the illegal use, possession, production or sale of controlled substances; or
3. 
The City Attorney or Prosecuting Attorney believes that the evidence shows that methamphetamine precursor drugs and chemicals used in the manufacture of methamphetamine found at the inhabitable structure were for the purpose of manufacturing methamphetamine,
the City Attorney or Prosecuting Attorney shall notify the Building Official or his/her designee of said fact. The Building Official shall thereafter send a notice to all owners and tenants that a public nuisance may exist under this Chapter and that any such nuisance must be abated within thirty (30) days of sending of the notice. Said notice shall be given in accordance with Subsection (C) this Section.
E. 
Failure To Abate Prohibited. It shall be unlawful for any person or entity that is sent or receives notice of a public nuisance under this Chapter to fail to take all possible action to abate and bring about termination and non-resumption of said public nuisance.
F. 
Determination Of Nuisance And Abatement.
1. 
If the Building Official believes that a public nuisance may exist at the expiration of the thirty (30) day period after sending the notice or posting of the notice, he/she shall give notice to all owners and tenants by certified mail that the Building Official shall hold a hearing at the time and place specified therein for the purpose of determining whether a public nuisance exists. Any such notice shall be given at least twenty-one (21) days prior to the scheduled hearing and shall also be posted on the inhabitable structure which shall be sufficient and notice shall be deemed received on the date of posting.
2. 
Each interested person shall be given an opportunity at the hearing to present evidence under oath and to be represented by counsel. The Building Official shall have the power, on his/her own motion, to subpoena witnesses and to take testimony, under oath, pertaining to all relevant matters. The Building Official may continue all or part of a hearing, if necessary, to conclude the investigation.
3. 
If, based on all the evidence adduced, the Building Official shall determine that the use of the inhabitable structure for the illegal use, production, sale or possession of drugs, methamphetamine precursor drugs or chemicals used in the manufacture of methamphetamine or the attempted manufacture of methamphetamine is a significant, continuous and unreasonable interference with the rights common to all members of the community in general, such as public health, safety, peace, morals or convenience, he/she may:
a. 
Order the discontinuance of such use of the inhabitable structure where a public nuisance exists; and/or
b. 
Order the closing of said inhabitable structure as necessary to abate the public nuisance, as described hereafter.
4. 
In determining whether an inhabitable structure should be closed as a result of the existence of a public nuisance under this Chapter, the Building Official shall consider, in addition to other relevant factors, the impact of the closure on innocent parties; however, the lack of knowledge of, acquiescence in, participation in or responsibility for a public nuisance on the part of the owners, lessors, lessees, mortgagees and all other persons in possession or having charge of as agent or otherwise or having an interest in the inhabitable structure used in conducting or maintaining the public nuisance shall not be a defense by such persons or entities.
5. 
Results of the hearing shall be mailed to the owners and tenants by means of certified mail, return receipt requested. Any interested person or organization present at the hearing may request a copy of the Building Official's order. A copy of said order shall also be posted on the inhabitable structure within seventy-two (72) hours of the decision. Thirty (30) calendar days after the posting of an order issued pursuant to this Section, officers of the O'Fallon Police Department are authorized to act upon and enforce such orders.
G. 
Appeal Of Building Official's Order. The decision of the Building Official 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 Building Official'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 Building Official 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 shall be subject to judicial review pursuant to Chapter 536, RSMo., 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.
H. 
Enforcement Of Closure Order.
1. 
When the Building Official orders the closing of an inhabitable structure under this Chapter, such closing shall be for a period as the Building Official may direct, but in no event shall the closing be for a period longer than one (1) year from the date of the posting of the order. If the owner, lessor or lessee shall submit proof satisfactory to the Building Official that the public nuisance has been abated for a period of thirty (30) days, then the Building Official may vacate or modify the provisions of the order directing closure.
2. 
A closing directed by the Building Official pursuant to this Chapter shall not constitute an act of possession, ownership or control of the closed inhabitable structure by the City of O'Fallon.
3. 
In the event that an inhabitable structure ordered closed by the Building Official is not closed by the owners or others in control of it, the Building Official shall take all appropriate steps to undertake and complete the work necessary to secure the inhabitable structure and shall charge the owners of the inhabitable structure therefor. In the event that the owners do not promptly reimburse the City for necessary steps taken, the Building Official shall report the charges to the City's Collector of Revenue and/or Finance Director who shall order the assessment against the property so benefited.
4. 
Additionally, the City Attorney may commence procedures through the appropriate court to recover costs incurred by the City for closure of the inhabitable structure.
I. 
Use Of A Closed Habitable Structure Prohibited. It shall be unlawful to use or occupy, or to permit the use or occupancy of, any inhabitable structure ordered closed by the Building Official pursuant to this Chapter.
J. 
Promulgation Of Rules. The City Attorney may promulgate rules and regulations to carry out and give full effect to the provisions of this Section.