[Ord. No. 99-80 §1, 5-26-1999; Ord. No. 03-142 §1(151), 10-1-2003; Ord. No. 06-041 §2, 3-28-2006; Ord. No. 07-044 §1, 3-27-2007]
Acceptance of streets, storm sewers and related easements meeting public standards pursuant to Chapter 410 of the Unified Development Ordinance and having a plan approved by the Director of the Division of Development Review, as required by that Chapter, may be accomplished on the consent agenda of the County Council where the St. Charles County Highway Department or, in the case of improvements built as Neighborhood Improvement District projects, the St. Charles County Department of Community Development provides a written recommendation to the Council recommending such acceptance and certifying that the improvements recommended for acceptance have been built and meet the standards of the County.
[Ord. No. 05-152 §1, 10-25-2005; Ord. No. 11-026 §7, 5-2-2011; Ord.
No. 11-037 §1, 6-14-2011]
A.
DAY
DETENTION BASIN
DIRECTOR
ST. CHARLES COUNTY
STORM WATER MANAGEMENT FACILITY
UNIFIED DEVELOPMENT ORDINANCE
Definitions. In this Section, the following words and terms
are defined as provided below.
A calendar day.
See definition in Section 405.060 of the Unified Development Ordinance of St. Charles County, Missouri.
The Director of the Division of Development Review or his
or her designee.
The unincorporated part of St. Charles County, Missouri.
See definition in Section 405.060 of the Unified Development Ordinance of St. Charles County, Missouri.
[Ord. No. 20-098, 12-21-2020]
B.
Inspection Program. The Director shall inspect all storm
water management facilities in St. Charles County as provided below.
1.
Inspection schedule. Except as provided in Subsection (E), the Director shall inspect each detention basin and may inspect any other storm water management facility in St. Charles County as provided below.
a.
The Director shall inspect each detention basin every five (5) years.
The first (1st) inspection of any detention basin built and approved
after the effective date of this provision shall be no sooner than
one (1) year after the basin's initial inspection and approval under
the applicable provisions of the Unified Development Ordinance. Later
inspections shall take place at least every five (5) years.
b.
The Director may inspect any other storm water management facility
as necessary to ensure that it continues to perform as designed.
2.
Consent to inspections. Property owners or their
successors in interest shall be deemed to have consented to continued
inspections under this provision by submission to and approval by
St. Charles County of plans for detention basins and/or other stormwater
management facilities and (as applicable their maintenance pursuant
to the provisions in the Unified Development Ordinance for approval
of site plans or improvement plans.
[Ord. No. 20-098, 12-21-2020]
3.
Inspection standards. In all inspections conducted
under this provision, the Director shall determine whether the detention
basin and/or other storm water management facility under inspection
is maintained to the following standards:
a.
The site plan or improvement plan for the detention basin and/or
other storm water management facility approved by St. Charles County
pursuant to the Unified Development Ordinance or previously adopted
ordinances or orders or regulations; and
b.
The Property Maintenance Code of St. Charles County; and
c.
The performance and inspection criteria for detention basins and/or
other storm water management facilities duly promulgated by the Director;
and
d.
The inspection and maintenance plan attached to the agreement and
restrictions for the storm water management facility as authorized
by ordinance or the inspection and maintenance program included in
subdivision plats or indentures.
C.
Promulgation Of Performance And Inspection Criteria. The
Director shall develop and distribute to owners of detention basins
and/or other storm water management facilities performance and inspection
criteria required above.
D.
Entry For Purposes Of Inspection, Notice. Except where consent to inspection is deemed granted as provided in Subsection (B) above, the Director may inspect any detention basin and/or storm water management facility in St. Charles County only after ten (10) days' written notice. Such notice shall be by U.S. mail to owners of storm water management facilities serving properties that are under single ownership. In all other cases, such notice shall be posted as follows. In the case of a basin and/or other facility serving several properties or a subdivision, notices shall be posted:
1.
At all entrances to the subdivision;
2.
On the right-of-way closest to the basin and/or other facility;
3.
At the entrance to any easement of access to that basin and/or other
facility; and
4.
At the basin's and/or other facility's site if accessible.
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In addition, if a subdivisions' trustees are reasonably identifiable,
or if an owner has designated a registered agent as provided by applicable
law, the Director shall give those persons ten (10) days' written
notice by U.S. mail.
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E.
Violations And Corrections. If upon inspection the Director
finds that a detention basin and/or other storm water management facility
violates any of the inspection standards set out above, the Director
shall take one (1) of the following actions.
1.
If, based on inspections and review of County records, the Director
finds that a detention basin that was approved for installation before
August 1, 1986, no longer exists as of January 1, 2011, and further
finds that the basin's absence causes no or minimal harm to storm
water management and to surrounding or affected properties in the
basin's watershed, the Director may in his/her discretion notify the
basin's owner of the violation and of that determination. The notice
shall further provide that no corrective action is required of the
non-existent basin's owner and that the Director is removing the non-existent
basin from the requirements of Section 420.020, OSCCMo.
2.
If, based on inspections and on a consideration of surrounding or
affected properties in any basin's or facility's watershed, the Director
determines that a violation in the condition of an existing basin
or facility causes no or minimal harm to storm water management and
to surrounding or affected properties in the basin's watershed, the
Director may in his/her discretion notify the facility's owner of
the violation and of that determination. The notice shall state, however,
that the basin or facility may be inspected as often as every one
(1) year so long as the violation persists, and that the Director
may order correction of the violation in the future if it is later
found to result in adverse effects to storm water management.
3.
If the Director cannot make a determination of no or minimal harm
under paragraphs (1) and (2), above, the Director shall send the owner
or owners by first class mail a written notice detailing those violations
and requiring submission of a corrective action plan with deadlines
for abating those violations within no more than twenty (20) days
of the date of the notice. For good cause shown, and provided there
is no immediate harm to the public welfare, the Director may grant
the owner or owners a reasonable extension for submitting that corrective
action plan. The Director may approve the plan as submitted or require
its amendment within no more than fourteen (14) days. The notice shall
also state that the detention basin or storm water management facility
will be inspected every one (1) year until inspections reveal no violations
and may be inspected thereafter at the discretion of the Director
but at least every five (5) years.
F.
Abatement Or Legal Action By The Director. If the owner
or owners fail to secure approval of a corrective action plan or fail
to comply with an approved plan or in any other way fail to correct
the violations of which the Director notified them, the Director shall
take one (1) of the following actions.
1.
The Director, after reasonable notice and an opportunity for hearing
given to the owner or owners of the detention basin and/or other storm
water management facility, shall order the same done and the costs
assessed against the property of the owners as a special tax lien.
In the case of detention basins and/or other storm water management
facilities within common ground in subdivisions, such assessments
shall be imposed upon all lots within the subdivision in question.
2.
Alternatively, the Director may request the County Counselor to institute
an appropriate action for fines and/or injunctive relief against the
owners or persons responsible for the detention basin and/or other
storm water management facility in violation. Any person responsible
for a violation of this Section shall be guilty of a misdemeanor and
liable for a fine not to exceed one thousand dollars ($1,000.00) a
day. Every day that such violation is ongoing shall constitute a separate
violation.
[Ord. No. 07-045 §§1—3, 3-27-2007]
A.
In
any neighborhood improvement district created by the Governing Body
of St. Charles County, the costs associated with the exercise of eminent
domain to acquire an easement on a particular parcel within the district
and which is receiving a benefit from the improvements shall be assessed
solely against that parcel.
B.
As
provided in St. Charles County Ordinance 99-75 and herein, the proposed
method of assessment of benefits under Section 67.459, RSMo., for
any Sanitary Sewer Neighborhood Improvement District formed hereafter
shall be as follows:
1.
The total cost of the proposed improvements will be divided and assessed
over a period of twenty (20) years by the St. Charles County Council
against each parcel of property or lot located within the district
based on a determination of the total number of lots benefitted and
apportioning the cost equally to each lot, regardless of whether such
parcel of real property is developed or undeveloped land at the time
of such initial assessment; provided, however, that the following
adjustments shall be made:
a.
All costs related to demolition of existing septic tank systems and
construction of lateral lines and related improvements shall be apportioned
solely against the parcels of property or lots within the district
which currently have a structure with a septic tank system or other
sewage disposal system;
b.
All costs associated with the exercise of eminent domain to acquire
an easement for the project on a parcel or lot within the district
shall be apportioned solely against that particular parcel or lot;
c.
In the case of property on which a single residence is situated on
two (2) or more parcels or lots at the time of such initial assessment
in such a manner as to prevent the issuance of permits for additional
residences thereon without the demolition of the existing residence,
such parcels or lots shall be treated as if it were a single parcel
or lot;
d.
In the case of two (2) or more parcels of real property or lots treated
as a single parcel or lot in accordance with Subparagraph (c) above,
upon the issuance of any building permit which would allow more than
one (1) commercial or residential structure to be located thereon,
a sewer connection fee shall be payable to the neighborhood improvement
district for each such additional structure; and
e.
In the case of property which is undeveloped at the time of such
initial assessment, upon the issuance of any building permit which
would allow more than one (1) commercial or residential structure
to be located thereon, a sewer connection fee shall be payable to
the neighborhood improvement district for each such additional structure.
C.
The
proposed method of assessment of benefits under Section 67.459, RSMo,
for any Road Neighborhood Improvement District formed hereafter shall
be as follows:
The total cost of the proposed improvement will be divided and
assessed over a period of ten (10) to twenty (20) years by the St.
Charles County Council equally per front foot or per square foot against
property within the district or by any other reasonable assessment
plan determined by the Governing Body of St. Charles County, including
assessment against each parcel of property or lot located within the
district and apportioning the cost equally to each lot, regardless
of whether such parcel of real property is developed or undeveloped
land at the time of such initial assessment; provided, however, that
in the case of property on which a single residence is situated on
two (2) or more parcels or lots at the time of such initial assessment
in such a manner as to prevent the issuance of additional residences
thereon without the demolition of the existing residence, such parcels
or lots shall be treated as if it were a single parcel or lot.
[Ord. No. 08-033 §1, 4-4-2008]
A.
It
shall be the duty of all owners of land in unincorporated St. Charles
County:
1.
To control and eradicate Johnson grass and to prevent its regrowth
and reinfestation on all lands, rights-of-way and easements owned,
occupied or controlled by them;
2.
To employ methods of control and eradication and for the prevention
of the regrowth and reinfestation of Johnson grass as directed by
the State of Missouri's Director of Agriculture or by St. Charles
County's Weed Control Board; and
3.
To comply with all orders rules and regulations promulgated by the
State of Missouri's Director of Agriculture pursuant to the provisions
of Sections 263.255 to 263.267, RSMo.
B.
In case of violations of Subsection (A) above, the Director of Building and Code Enforcement shall:
[Ord. No. 16-054 §11, 7-25-2016]
1.
Give written notice to the owner or occupant of the violation's site
that St. Charles County is a "Johnson Grass Extermination Area" pursuant
to Sections 263.255, et seq., RSMo., and that Johnson grass is growing
on that site; and
2.
Direct the owner to take steps, using methods recommended by Missouri's
College of Agriculture, Missouri's Director of Agriculture or St.
Charles County's Weed Control Board toward controlling and eradicating
Johnson grass on the owner's land within seven (7) days of the date
of the notice.
C.
Failure
to comply with the Director's notice shall constitute a misdemeanor
punishable by a fine of not more than one thousand dollars ($1,000.00)
or by imprisonment in the St. Charles County Jail for a term not to
exceed one (1) year, or by both fine and imprisonment. A separate
offense shall be deemed committed on each day a violation occurs or
continues. Enforcement of this Section shall be the responsibility
of the County Counselor.
D.
Nothing in this Section impairs the powers, rights and duties vested in individuals or officials of the State of Missouri or of St. Charles County by Sections 263.255 through 263.267, RSMo. Nor, in appropriate cases where legal action fails to abate the public nuisance of the existence or growth of Johnson Grass, is the County Counselor barred from pursuing abatement under Subsection (E) of this Section or from bringing an action in the Circuit Court of St. Charles County to enjoin that nuisance in the same manner as the prosecuting attorney may bring such an action under Section 263.262, RSMo.
E.
Notwithstanding
any other provision of this Section, upon finding Johnson grass on
any property, the Director of Building and Code Enforcement may serve
a notice on the owners of the property and on any other person responsible
for it that St. Charles County is a "Johnson Grass Extermination Area"
pursuant to Sections 263.255, et seq., RSMo., and that Johnson grass
is growing on that property. That notice may be served personally,
or by mail, or by posting on the property. Unless the Director of
Building and Code Enforcement finds that an emergency exists justifying
a shorter time, that notice shall order a hearing by the Director
in at least seven (7) days and that the owners of or persons responsible
for the property take appropriate steps for controlling and eradicating
Johnson grass by the time of that hearing. If such steps are not taken
by the time of the hearing, the Director of Building and Code Enforcement
may find and declare at that hearing that the Johnson grass growing
on the property is a nuisance and order appropriate steps for controlling
and eradicating it within seven (7) days or a shorter time if an emergency
exists. If such steps are not taken within that time, the Director
of Building and Code Enforcement shall cause such steps to be taken
and certify the costs thereof and of all necessary inspections to
the St. Charles County Director of Finance. The St. Charles County
Director of Finance shall prepare a special tax bill against the property
for those costs, to be collected by the St. Charles County Collector
of Revenue with other taxes assessed against the property. From the
date of its issuance, the tax bill shall be a first (1st) lien on
the property until paid and shall be prima facie evidence of the recitals
therein and of its validity, and no mere clerical error or informality
in the tax bill or the proceedings leading up to its issuance shall
be a defense thereto. The St. Charles County Director of Finance shall
deliver each special tax bill to the St. Charles County Collector
of Revenue on or before the first (1st) day of June of each year to
be collected with property taxes as provided above.
[Ord. No. 16-054 §11, 7-25-2016]
[1]
State Law Reference—See §263.261, RSMo.
