[R.O. 1997 § 215.010; Ord. No. 1200 § 1, 9-12-2005]
Pursuant to the Missouri Statutes
authorizing Cities to legislate on matters pertaining to public health,
safety and welfare, this Chapter is enacted for the purpose of prohibiting,
abating, suppressing and preventing or licensing and regulating all
acts, practices, conduct, business, occupations, callings, trades,
uses of property and all other things detrimental or liable to be
detrimental to the health, safety and welfare of the inhabitants of
the City of Wildwood, Missouri.
[R.O. 1997 § 215.020; Ord. No. 1200 § 1, 9-12-2005]
As used in this Chapter, the following
terms shall have these prescribed meanings:
A structure that is affixed to the land, has one (1) or more
floors, one (1) or more exterior walls and a roof and is designed
or intended for use as a shelter.
For purposes of this Chapter, the Director of Planning and
Parks of the City of Wildwood or his or her designee, including the
Police Department or the Health Commissioner of St. Louis County.
Any opening in the ground or surface of land that is at any
point more than three (3) feet below the natural or existing grade
of the land immediately adjoining or adjacent to it. Said holes, depressions
or open excavations shall not be construed to include landscape features
no greater than one hundred (100) square feet in size and stormwater
retention facilities required by the Metropolitan St. Louis Sewer
District and/or the City of Wildwood.
The St. Louis County Police Department or other Law Enforcement
Officials of the City.
Any act done or suffered to be permitted by any person upon
his/her property, or any substance or thing kept or maintained, placed
or thrown on or upon any public or private place which is injurious
to the public health, or any pursuit followed or act done by any person
to the injury or danger of the public is defined and declared to be
a "public nuisance."
Any assembly of material forming a construction for occupancy
or use, excepting, however, utility poles and appurtenances thereto,
underground distribution or collection pipes or cables and underground
or ground level appurtenances thereto.
Weeds or noxious growth shall include brush, rank vegetation
which is recognized as deleterious to health, safety or public welfare
and considered as common nuisances, including grass or weeds on certain
sized lots that exceed the ten (10) inch height as defined herein.
[R.O. 1997 § 215.030; Ord. No. 1200 § 1, 9-12-2005]
It shall be the duty of the Director,
in conjunction with the Police Department, if appropriate, to enforce
the provisions of this Chapter.
[R.O. 1997 § 215.040; Ord. No. 1200 § 1, 9-12-2005]
No person shall cause, harbor, commit
or maintain or to suffer to be caused, harbored, committed or maintained
any nuisance, as defined by the Statute or common law of this State
or as defined by this Chapter or other ordinance of the City, within
the City or within one-half (1/2) mile thereof as prescribed by Section
71.780, RSMo. No person shall fail or refuse to abate or remove a
nuisance within the time required. Each day that a nuisance shall
be maintained constitutes a separate offense.
[R.O. 1997 § 215.050; Ord. No. 1200 § 1, 9-12-2005; Ord. No. 1661 § 1, 10-26-2009]
A.
The definition of "public nuisance" as set forth in Section 215.020 shall include, but not by way of limitation, the following:
1.
The accumulation upon any premises,
lot or parcel of ground, or the discharge thereof upon any public
street or private property, of stagnant or foul waste, water or liquids
of any kind whatsoever;
2.
The maintenance of any outside toilet,
privy, water closet or privy vault which is kept in such condition
as to emit any offensive, noxious or disagreeable odors;
3.
All carcasses of dead animals which
the owner or keeper thereof shall permit to remain unburied for a
period exceeding twelve (12) hours after death;
4.
The keeping of animals of any kind,
domestic or wild, upon any public or private place or premises in
such a manner or condition that constitutes a hurt, injury, annoyance
or danger to the public or the residents of the vicinity, including
the non-removal of pet wastes from property as required by the City
of Wildwood's Health Code;
5.
Placing, causing, keeping, maintaining
or permitting trash, garbage, rubbish, junk, decaying vegetable or
animal matter, ashes, debris, noxious or filthy substances or any
kind of waste materials upon any public or private property or premises
in such manner and to such extent as to render the same unsightly,
unclean or unsafe;
6.
The burning, ignition, setting afire
or maintenance of the burning of garbage, refuse, waste, trash, straw,
paper, weeds, leaves, grass clippings or other combustible materials
or other substances of any nature or description within the City[1]; provided that, to the extent permitted by law, a special
permit shall be obtained from the Fire Department or any other governmental
authority for the burning off of large tracts of land or any burning
deemed necessary to the abatement of materials constituting a nuisance
as herein described;
[1]
Editor's Note: This definition of "public
nuisance" is not to be interpreted as prohibiting the use of campfires,
outdoor fireplaces or barbecue pits on residential, commercial and
industrial lots where otherwise allowed.
7.
Ash pits or rubbish containers which
are not emptied and the contents removed from the premises when level
full;
8.
Any unclean, stinking, foul, defective
or filthy drain, ditch, tank or gutter or any leaking, broken slop,
trash or garbage box or ash pit or receptacle of like character;
9.
All decayed or unwholesome food offered
for sale to the public;
10.
All diseased animals running at large;
11.
Accumulations of manure, rubbish,
garbage, refuse and human and industrial or noxious or offensive waste,
except the normal storage on a farm of manure for agricultural purposes;
12.
Privy vaults, septic tanks or garbage
cans or receptacles which are not fly-tight;
13.
The pollution of any well, cistern,
spring, underground water, stream, pond, lake, canal or body of water
by sewage or industrial wastes or other substance harmful to human,
animal or aquatic life;
14.
15.
Dense smoke, noxious fumes, gas,
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 structure in quantities sufficient
to be toxic, harmful or injurious to the health of any employee, or
to any premises occupant, or to any other persons;
a.
If smoke is determined to constitute
a nuisance under this Section due to faulty or antiquated equipment,
mechanisms or other similar apparatus, repairs and upgrades to current
guidelines and standards shall be required, before its operation can
be authorized again by the City of Wildwood.
b.
Determinations of nuisances from
equipment, mechanisms or other similar apparatus, but not to be interpreted
to include fireplaces in residential settings, chimineas, barbecue
pits, bonfires, fire pits and certain exempted activities, shall be
undertaken utilizing the current and most applicable testing protocol
adopted by the U.S. Environmental Protection Agency for this purpose
[or appropriate standard set forth by the State or County that is
charged with the enforcement of Federal law(s) within the St. Louis
Metropolitan Area].
c.
Other determinations of smoke nuisances
can be made by Code Enforcement Officials of the Department of Planning,
the St. Louis County Police Department or the St. Louis County Department
of Health, if a condition is determined by them to exist that is an
immediate threat to the public's health due to its extent, condition
or duration.
d.
The application of the requirements in Section 215.050(A)(15)(a) through (d) shall not be undertaken on any existing wood burning furnace or similar device that has received a duly authorized permit from St. Louis County and/or the City of Wildwood, Missouri. Notwithstanding the allowance herein, all wood burning furnaces or similar device, regardless of permit status, shall comply within five (5) years of the date of the adoption of this Subsection.
16.
Common drinking cups, roller towels,
combs, brushes or eating utensils in public or semi-public places
not properly sanitized after use;
17.
Any vehicle used for septic tank
cleaning which does not meet the requirements of any provision of
this Code or other ordinance regulating the same;
18.
Any vehicle used for garbage and
refuse disposal or transportation which does not meet the requirements
of this Code or other applicable law or regulation;
19.
All infestations of flies, fleas,
roaches, lice, ticks, rats, mice, fly maggots, mosquito larvae and
hookworm larvae;
20.
Unlicensed dumps;
22.
Trees, shrubs, weeds, grass or other
vegetation that overhangs or impinges upon any street, sidewalk, trail
or other City right-of-way so as to brush or interfere with passing
vehicles, bicyclists or pedestrians;
23.
All holes, depressions or open excavations
in the City of whatsoever kind and for whatever purpose they shall
be or shall have been made and that have not been secured with proper
safeguards or that contain stagnant water, that shall be at any point
more than three (3) feet below the natural grade of the land immediately
adjoining or adjacent to them shall hereby be deemed hazardous as
endangering the public health and safety. Holes, depressions or excavations
maintained or allowed, as prohibited in this Chapter, are declared
a nuisance as is the collection of stagnant water in any such hole,
depression or excavation;
24.
All pools (erected) whether for swimming
or any other purpose, that are not fenced in compliance with the IBC
(International Building Code), BOCA or other applicable code currently
adopted by the City, covered over securely or contain stagnant water;
25.
Pursuant to Sections 67.400 through
67.450, RSMo., the buildings or structures that are determined to
be detrimental to the health, safety or welfare of the residents of
the City of Wildwood, including, but not limited to:
a.
Those buildings or structures that
have been damaged by fire, wind or any other cause whatsoever, thus
rendering them dangerous to life, safety or the general health and
welfare of any occupant or any other person;
b.
Those buildings or structures that
have parts thereof which are attached or have deteriorated in such
a way that they constitute a threat of falling upon public ways or
upon the property of others or which may constitute a threat of injury
to members of the public or the occupants thereof;
c.
Those buildings or structures that
have become so dilapidated, decayed, unsafe or unsanitary so that
they are unfit for human habitation or are likely to cause sickness
or disease to the occupants thereof or to any other person;
d.
Those buildings or structures that
because of their condition become harboring places for rats, stray
animals, vermin or other disease-bearing creatures and which are unsafe,
unsanitary or dangerous to the health, safety or general welfare of
any person;
e.
Those occupied buildings or structures
having light, air or sanitary facilities that are inadequate to protect
the health, safety or general welfare of any person who may live or
work therein;
f.
Those buildings or structures, whether
occupied or unoccupied, having inadequate facilities for egress in
case of fire or other catastrophe, or those buildings with structures
having insufficient stairways, elevators, fire escapes to allow adequate
egress therefrom;
g.
Those buildings or structures which,
because of their condition, are unsafe, unsanitary or dangerous to
the health, safety or welfare of any person;
h.
Those buildings or structures whose
interior walls or other vertical structural members list, lean or
buckle to such an extent that a plumb line passed through the center
of gravity of such wall or vertical structural member falls outside
of the middle third (1/3) of its base;
i.
Those buildings or structures which,
exclusive of the foundation, show thirty-three percent (33%) or more
damage or deterioration of the supporting member or members or fifty
percent (50%) of damage or deterioration of the non-supporting enclosing
or outside walls or covering;
j.
Those which have improperly distributed
loads upon the floors or roofs or in which the floors or roofs are
overloaded, or those having floors or roofs of insufficient strength
to be reasonably safe for the purpose for which they are being used
or intended to be used;
k.
Those which are uninhabited and are
open at the door, window, wall or roof and may be entered by unauthorized
persons;
26.
Accumulations, wheresoever they may
occur, of debris, including, but not limited to: weed cuttings; cut
and fallen trees, tree limbs or shrubs; lumber not piled or stacked
twelve (12) inches off the ground; rocks; bricks; tin; steel; parts
of derelict vehicles; furniture; appliances; manure; rubbish; garbage;
refuse; any flammable or toxic material which may endanger public
safety; and human and industrial, noxious or offensive waste. This
definition should not be construed to prevent residentially-scaled
composting facilities on private lots;
27.
All dead or decaying trees and all
trees infected by a disease;
28.
Any tree, shrub or other vegetation
growth or any structure of any kind upon any corner lot in the City
of Wildwood in which the lot lines of the property adjoining two (2)
intersecting streets in such a manner that the view of vehicular or
pedestrian traffic in either direction at the intersection is obstructed
or any tree, shrub or other vegetation growth or structure of any
kind so situated, located and maintained on any such lot so as to
obstruct the view of a motor vehicle or pedestrians on either intersecting
street for a distance of thirty (30) feet in each direction from the
point of intersection of the curb lines of such intersecting streets;
29.
Perforated, punctured, ruptured,
broken, cracked or leaking sanitary sewer lateral lines;
31.
All other acts, practices, conduct,
business, occupations, callings, trades, uses of property and all
other things detrimental or certain to be detrimental to the health
of the inhabitants of the City.
[R.O. 1997 § 215.060; Ord. No. 1200 § 1, 9-12-2005]
A.
Irrespective of any penalty provided in
this Code and unless other, more specific procedures are set forth
in this Chapter, whenever any nuisance is reported to exist, the Director
shall notify the person causing or maintaining the same or the occupant
of the property on which the same nuisance exists to forthwith remove
the same.
B.
Notice shall be given either personally
or by United States mail to the owner or owners, or his/her or their
agents, or by posting such notice on the premises; in which notice
the Director shall state the condition that has been determined to
be a nuisance and order the same to be abated in a reasonable time,
not less than ten (10) days.
C.
If the owner fails to begin removing the
nuisance without unnecessary delay, the Director shall cause the condition
which constitutes the nuisance to be removed.
D.
If the Director causes such condition to
be removed or abated, the cost of such removal shall be certified
to the City Clerk who shall cause the certified cost to be included
in a special tax bill or added to the annual real estate tax bill,
at the collecting official's option, for the property and the certified
cost shall be collected by the City Collector or other official collecting
taxes in the same manner and procedure for collecting real estate
taxes. If the certified cost is not paid, the tax bill shall be considered
delinquent, and the collection of the delinquent bill shall be governed
by the laws governing delinquent and back taxes. The tax bill from
the date of its issuance shall be deemed a personal debt against the
owner and shall also be a lien on the property until paid.
[R.O. 1997 § 215.070; Ord. No. 1200 § 1, 9-12-2005]
B.
No person may pay any penalty called for
herein by other than appearance in the Wildwood Municipal Division
of the St. Louis County Circuit Court.
C.
In addition to the remedial provisions set forth in this Section and in order to protect, promote and preserve the public health and safety, it is hereby declared that any person failing to comply with the provisions of this Section within the time period set forth in the service, posting and/or mailing of such notice shall be deemed to be in violation of this Chapter and shall be punished upon conviction as provided in Section 100.140 of this Code or herein if specifically set forth.
[R.O. 1997 § 215.080; Ord. No. 1200 § 1, 9-12-2005]
The Director of Planning or his/her
authorized agent is hereby authorized and empowered to seek entry
and inspect all buildings, lands and places as to their conditions
for health, sanitation and safety and, when necessary, prevent the
use thereof and require any alterations or changes necessary to make
them healthful, sanitary or safe. No notice is required of the Department
of Planning to the owner(s) or authorized agent(s) of the properties
in advance of it seeking entry to any buildings, lands and places.
