[CC 1997 §20.1; Ord. No. 47, 7-2-1951]
Every act or thing done, made, permitted, allowed or continued
on any property, public or private, by any person, his agent or servant,
to the damage or injury of the inhabitants of this City shall be deemed
a public nuisance, unless otherwise provided for by ordinance.
[CC 1997 §20.2; Ord. No. 293, 9-10-1958; Ord. No.
831, 4-7-1971; Ord. No. 1037-74, 4-3-1974; Ord. No. 1822-85, 7-17-1985; Ord. No. 2089-88, 8-3-1988; Ord. No. 2112-88, 11-19-1988; Ord. No. 2207-89, 10-18-1989; Ord. No. 2510-94, 2-16-1994; Ord. No. 3333-02 §1, 3-6-2002; Ord. No. 3790-06 §1, 9-20-2006]
A.
The
following are declared to be public nuisances affecting health and
are prohibited:
1.
All decayed or unwholesome food offered for sale to the public.
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 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.
6.
Privy vaults or garbage cans which are not fly-tight.
7.
The pollution of any well, cistern, spring, underground water stream,
lake canal or body of water by sewage or industrial wastes, or other
substance harmful to human beings.
8.
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 premises in quantities sufficient to be toxic, harmful or injurious
to the health of any employee or to any premises, occupant or to any
other person.
9.
Common drinking cups, roller towels, combs, brushes, or eating utensils
in public or semi-public places not properly sanitized after use.
10.
Any vehicle used for septic tank cleaning which does not meet the
requirements as set forth in the County Code.
11.
All infestations of flies, fleas, roaches, lice, ticks, rats, mice,
fly maggots, mosquito larvae and hookworm larvae.
12.
The keeping of animals or fowl, except in compliance with the provisions of Chapter 210, Animals and Fowl, of the Municipal Code of the City of Hazelwood, Missouri.
13.
Unlicensed dumps.
14.
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.
15.
The shining of artificial light onto public or private property as
to be an annoyance, hurt, injury or inconvenience to other persons.
16.
Buildings in such a state of disrepair as to affect the health, safety
and welfare of the citizens of Hazelwood.
17.
Any accumulation on any premises or on any open lot of any lumber,
boxes, barrels, bricks, stones or similar materials, unless the same
shall be fully covered, in the rear yard and evenly piled or stacked
either on racks elevated not less than twelve (12) inches above the
ground or on a durably paved surface.
18.
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.
19.
Any accumulation or deposit of any vehicular and/or equipment parts,
inoperable appliances, junk or material of any nature where said accumulation
or deposit upon open ground would constitute an attractive nuisance
danger to children and/or a possible breeding ground for vermin, rodents
and other animals.
20.
The presence on any property of any steel-jawed animal traps or similar
devices, unless authorized by the Police Department.
21.
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.
22.
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 a rear yard unless evenly piled or
stacked either on open racks elevated not less than twelve (12) inches
above the ground or on a durably paved surface.
23.
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 or deterioration by the elements;
provided however, that furniture not designed for exterior use may
be outside a fully enclosed structure while actually being used by
residents or visitors.
24.
Water or other liquid diverted from a sump pump which flows onto
streets or sidewalks.
25.
Ruts, grooves and/or channels in lawns and yards which a vehicle
or other equipment has created.
[Ord. No. 3790-06 §2, 9-20-2006]
A.
As
used in this Section, the word "graffiti" shall mean
and refer to 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.
B.
No
person shall cause graffiti to be placed upon any public or private
building, fence, wall, bridge, sidewalk, road, parking area, driveway
or similar structure or surface, nor shall the owner thereof suffer
the same to remain thereon.
C.
No
person under the age of twenty-one (21) years may be in possession
of any spray paint or any container thereof nor any permanent or semi-permanent
paint pens or similar device while in or upon any public or private
road, sidewalk, parking area, driveway, park or premises unless the
minor is accompanied by his or her parent or legal guardian.
D.
Any person, and the parent or guardian (excluding foster parents) of any unemancipated minor under eighteen (18) years of age in their care and custody, found guilty of causing graffiti to be placed as prohibited in Subsection (B) above shall be liable for the payment of reasonable damages and the cost of removal of such graffiti, up to any amount not to exceed two thousand dollars ($2,000.00), payable to the owner of the property upon which the graffiti was placed. The liability of a parent or guardian under this Subsection shall be conditioned upon such parent or guardian being given written notice of the possible liability provided herein and being afforded an opportunity to be heard relative to such liability by the judge of the Municipal Court. The liability provided in this Subsection shall not be a bar to any action or proceeding against a person for violation of this Section or for damages nor, in the case of an unemancipated minor, for damages not paid by the parent or guardian.
[CC 1997 §20.3; Ord. No. 293, 9-10-1958]
The Health Officer is authorized to issue permits to owners
or operators of businesses when such comply with reasonable regulations
for the conduct of such business and occupations to prevent the occurrence
of public health nuisances which may include registration and statement
of the methods or conditions to be employed in their operation or
maintenance for food vending trucks, water hauling, septic tank cleaning
and disposal of water, garbage, offal, and rubbish disposal and hauling,
dumps, the business of keeping animals, fowl, or reptiles, except
usual farm animals and fowl.
[CC 1997 §20.4; Ord. No. 47, 7-2-1951]
Nothing in this Chapter or other ordinances relating to public
nuisances or denominated by a particular ordinance as misdemeanors
or prescribing penalties therefor 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.
[CC 1997 §20.5; Ord. No. 47, 7-2-1951]
The Director of Public Works, Police Chief, Health Officer,
Police Officers, and any officer, agent or employee of such officers
are hereby authorized to enter and inspect all buildings and parts
of buildings and other premises pursuant to lawful authority for the
purpose of examining the sanitary condition thereof and for the discovery
and abatement of public nuisances therein. If any public nuisance
or unsanitary condition be found on such inspection, it shall be reported
forthwith to the Health Officer or the Police Chief or the Director
of Public Works.
[CC 1997 §20.6; Ord. No. 47, 7-2-1951]
No owner, agent or occupant shall fail to abate a public nuisance
after an order by the Police Chief or Health Officer to do so.
[CC 1997 §20.7; Ord. No. 47, 7-2-1951]
Any work for abating public nuisances upon the order of the
Police Chief shall be let by contract by the Director of Public Works
with the approval of the City Council.
[CC 1997 §20.8; Ord. No. 47, 7-2-1951]
Nothing in this Chapter shall be construed as abandoning or
limiting the right of the City by civil action to recover the expense
incurred in abating any public nuisance.
[CC 1997 §20.9; Ord. No. 47, 7-2-1951]
The cost to the City of abating any public nuisance shall be
certified by the Director of Public Works to the Director of Finance,
who shall cause a special tax bill to be prepared and assessed against
the property on which the public nuisance is located and against the
person guilty of causing or allowing such public nuisance to exist.
This special tax bill shall be collected like other taxes and shall
be a first (1st) lien on the property until paid.
[CC 1997 §20.10; Ord. No. 47, 7-2-1951; Ord. No.
3173-00 §2, 5-17-2000]
A.
The
Director of Public Works, upon complaint of any public nuisance, shall
cause the same to be investigated by any of the officers named in
this Chapter or may himself investigate such complaint.
B.
If
any public nuisance is discovered which is imminently dangerous to
the health, safety and welfare of the inhabitants of the City, the
Director of Public Works may cause the same to be abated without notice,
and may use any suitable means of assistance for that purpose.
C.
In
any other case which does not represent an imminent danger to the
health, safety and welfare of the inhabitants of the City, the Director
of Public Works may issue a summons or issue notice to abate the nuisance.
D.
The
Building Enforcement Officer is hereby authorized to issue a summons
to any person violating the terms of this Chapter, and thereafter
such summons shall be prosecuted as all other violations of the Hazelwood
City Code.
E.
The
Director of Public Works may proceed to abate the nuisance, but not
until after the Police Chief or the Health Officer shall have given
notice to the property owner, his agent or the occupant, of the conditions
of the public nuisance complained of, and specifying the day, hour
and place of a hearing to be held thereon. The hearing shall be held
not less than five (5) days following the delivery of the notice.
After such hearing, the Police Chief or Health Officer may declare
the conditions to constitute a public nuisance and order their abatement.
Any order of abatement shall fix a time for such abatement by the
owner, his agent or occupant, and, if not complied within such time,
the Director of Public Works may proceed to abate the public nuisance,
using any suitable means or assistance for the purpose.
[CC 1997 §20.11; Ord. No. 47, 7-2-1951]
The Police Chief or Health Officer shall keep a record of proceedings
in cases of abatement of public nuisances ordered by either of them.
[CC 1997 §20.12; Ord. No. 47, 7-2-1951]
At hearings before the Police Chief or Health Officer relating
to the abatement of public nuisances, as provided for in this Chapter,
the interested persons may appear in person, by attorney or may file
an affidavit in their own behalf.
[CC 1997 §20.13; Ord. No. 47, 7-2-1951]
If any public nuisance abated by the Director of Public Works
extends over the property of more than one (1) owner, over a plurality
of City lots, or over a plurality of parts or parcels of land, the
cost of abating such public nuisance shall be assessed in proportion
to the amount of work or expense for each proportionate part of the
entire work and the area. The special tax bills provided for in this
Chapter shall be levied and collected accordingly. In determining
who is the owner of any particular lot, plot or parcel of land, for
the pro rata distribution of the assessment of the cost, each group
of owners, as for instance in joint tenancy or tenancy in common,
shall be deemed a single owner, in order to preserve to the City its
lien against the particular lot, plot or parcel of land, under the
special tax bill levied against such property.
[CC 1997 §20.14; Ord. No. 47, 7-2-1951]
Any person employed or connected with the work of abatement
of a public nuisance as provided for in this Chapter, and any agent
or employee of such person, shall have the right of entry for that
purpose into and upon any premises. Any interference with such entry
or entry by any Police Officer or any of the City Officers referred
to in this Chapter, for the purpose of sanitary inspection or the
discovery or abatement of any public nuisance, is hereby prohibited.
[1]
Editor's Note—Ord. no. 3061-99 adopted May 5, 1999, repealed former Code sections 26.3, 26.4 and 26.5 which were set out herein as §220.150—220.170. The new provisions enacted are set out below at §220.150. Former Code §§220.150—220.170 derived from CC 1997 §§26.3—26.5; ord. no. 244, 10-7-57; ord. no. 309, 1-14-59; ord. no. 2218-89, 11-15-1989.
[CC 1997 §26.3; Ord. No. 3061-99 §1, 5-5-1999; Ord.
No. 3081-99 §§1—2, 7-21-1999; Ord. No. 3336-02 §1, 3-6-2002; Ord.
No. 4762-20, 7-15-2020]
A.
Definition.
The word "weeds" as used herein shall include all rank vegetable growth
which exhale unpleasant and noxious odors and high grasses which may
conceal filthy deposits or vermin.
B.
Prohibitions.
1.
Except as provided in Subsection (C) of this Section, no person shall cause or permit any weeds or rank vegetation growth to attain a height in excess of eight (8) inches upon any property within the City, including the adjacent street right-of-way.
2.
Except as provided in Subsection (C) of this Section, any owner, lessee or occupant of any lot, parcel of land, or land of any other description in the City who shall cause or permit any weeds or rank vegetation growth to attain a height in excess of eight (8) inches upon any property in the City, shall be deemed to have committed a public nuisance.
3.
All invasive non-native, exotic plant species are declared a public
nuisance. The planting, cultivation and propagation of all invasive
non-native, exotic plant species shall be prohibited on all property
within the City. Those areas where invasive non-native, exotic plant
species are existing on the date of this Section shall be managed
by the property owner so that such areas do not expand and so that
the invasive non-native, exotic plant species do not grow over or
cross into the property belonging to another person.
4.
All plant species are required to be managed by the property owner
so that they do not cross into property belonging to another person.
5.
All weeds or rank vegetation growth and all invasive non-native,
exotic plant species, when cut down, shall be removed and disposed
of in such a manner as not to create a nuisance.
C.
Exceptions.
1.
With respect to any undeveloped property in excess of three (3) acres,
this Section shall apply only to the portions of such property which
are located within one hundred (100) feet of any street right-of-way
or within one hundred (100) feet of any adjoining property. For purposes
of this Section, "street" shall include all streets, public alleys,
rights-of-way, utility easements, greenways or other public paths,
highways and roads other than those highways commonly known as "interstate"
highways.
2.
It is express preference of the City that native plants and/or ornamental
grasses, including but not limited to ferns, grasses, forbs, aquatic
plants, wildflowers, trees and shrubs, be used in a landscape when
these plants were not obtained in violation of local, State or Federal
laws. Therefore, the following shall be exceptions to the height limit
of eight (8) inches applicable to grass and rank vegetative growth:
a.
Native plants and/or ornamental grasses at any height are permissible
if such meet the following requirements: (i) they are not located
within ten (10) feet of any property boundary except in rear yard
or within any side or front yard that is enclosed by a fence, provided,
however, that the plants and grasses shall be managed by the owner
so that such do not intrude into the property of another; (ii) such
comprise no more than ten percent (10%) of the front and side yards
and are massed separately so that no bunch exceeds more than ten (10)
contiguous square feet; and (iii) such comprise no more than thirty
percent (30%) of the rear yard.
b.
Native wildflowers and flowers at any height are permissible if such
meet the following requirements: (i) they are not located within ten (10)
feet of any property boundary except in rear yard or within any side
or front yard that is enclosed by a fence, provided, however, that
the plants and grasses shall be managed by the owner so that such
do not intrude into the property of another; (ii) such comprise no
more than ten percent (10%) of the front and side yards and are massed
separately so that no bunch exceeds more than ten (10) contiguous
square feet; and (iii) such comprise no more than thirty percent (30%)
of the rear yard.
D.
Notice,
Removal And Special Tax Bills.
1.
Notice And Hearing. Whenever weeds or rank vegetation growth are
allowed to grow on any portion of any property in violation of this
Section, the Code Enforcement Administrator or his/her designee will
provide notice of violation by written notice thereof sent via United
States Mail to the owner(s) of such property, and by posting such
notice on the premises. The owner shall have five (5) days from date
of notice and posting to remedy the violation by removing weeds in
a manner that is in compliance with this Section. In addition, the
Administrator or his/her designee shall hold a hearing within that
time period in order to give the owner the opportunity to be heard.
The date and time of the hearing shall be included in the notice and
posting, or, in the alternative, the notice and posting shall state
that the owner has the opportunity to request a hearing by contacting
the Administrator or a named designee.
2.
Legal Process. If the violation is not remedied within five (5) days
of the notice or within the time prescribed by the Code Enforcement
Administrator, the Code Enforcement Administrator or his/her designee
shall obtain consent of the property owner or request an administrative
search warrant allowing the City to enter the property to abate the
violation.
3.
Removal By City. After said five (5) days and upon consent of the
property owner or receipt of an administrative search warrant from
the Municipal Judge, the Code Enforcement Administrator or his/her
designee may have the weeds cut down and removed by the City, and
shall certify the costs of same to the Director of Finance.
4.
Special Tax Bill. The Director of Finance shall issue a special tax
bill therefore against the property to be prepared and collected by
the City Collector, with other taxes assessed against the property.
Each special tax bill shall be issued by the Director of Finance and
delivered to the Collector on or before the first (1st) day of June
of each year. Such tax bills if not paid when due shall bear interest
at the rate of eight percent (8%) per annum.
a.
As a part of the cost of removing such weeds, each such special tax
bill shall include a charge, to be determined by the Director of Finance,
for inspecting the subject property, giving the requisite notice,
and issuing and recording the special tax bill.
b.
The special tax bill, from the date of its issuance, 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 same, or in the proceedings leading up
to the issuance, shall be a defense thereto.
E.
Multiple
Violations.
1.
If weeds are allowed to grow on the same property in violation of
this Section more than once during the same growing season, the Code
Enforcement Administrator or his/her designee may, after the initial
notice:
a.
Apply for an administrative search warrant for the City to enter the property and cut down and remove weeds without any additional notice. The process of notification from the first violation carries through the entire growing season. The cost of additional abatements including cutting and removal shall be billed in the manner described in Subsection (D)(4) above.
