[Ord. No. 257 §1, 10-10-1956]
This Chapter is enacted for the purpose of prohibiting, abating,
suppressing and preventing, or regulating all acts, practices, conduct,
businesses, occupations, callings, trades, uses of property and all
things detrimental or liable to be detrimental to the health of the
inhabitants within the City.
[Ord. No. 257 §7, 10-10-1956]
The Enforcement Officer is authorized to issue permits to owners
or operators of pursuits likely to cause nuisances when such comply
with reasonable regulations for the conduct of such business and occupation
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.
[Ord. No. 257 §8, 10-10-1956]
The Enforcement Officer shall make or cause to be made such
surveys, investigations, inspections and visits as may be deemed necessary
to ascertain the existence of nuisances within the City or to prevent
the occurrence of nuisances within the City by securing compliance
with this Chapter. He shall collect or cause to be collected and shall
analyze or cause to have analyzed all samples, specimens, materials,
or substances from any premises whatsoever wherein or whereon a nuisance
is suspected to exist for the purpose of determining the existence
of a nuisance or non-compliance with this Chapter. Every owner, occupant,
permit holder, tenant or employee of a premises, and every other person
affected by a nuisance, and every person having information concerning
the facts about the creation or the existence or the maintenance of
a nuisance shall furnish to the Enforcement Officer such facts, information
or records as he may have or obtain when requested to do so.
[Ord. No. 257 §6, 10-10-1956; Ord. No. 294 §1, 1-8-1958; Ord.
No. 1031 §1, 5-21-1969]
A.
The
following conditions are declared to be nuisances affecting health;
and the maintenance of any such condition is unlawful:
1.
All decayed or unwholesome food offered for sale to the public.
2.
All diseased animals running at large.
3.
All ponds or pools or 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, and 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 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 any premises occupant, or to any
other persons.
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 of County ordinances regulating the same.
11.
Any vehicle used for garbage and rubbish disposal which does not
meet the requirements of County ordinances regulating the same.
12.
All infestations of files, fleas, roaches, lice, ticks, rats, mice,
fly maggots, mosquito larvae and hookworm larvae.
13.
The keeping of animals or fowl in close proximity to residences,
schools, hospitals, public or semi-public buildings, playgrounds,
parks and other places, except pet cats and dogs, animals in public
or licensed zoos, farm animals and in animal laboratories.
14.
Unlicensed dumps.
15.
All dangerous and unsanitary conditions resulting from exposed sewage,
sludge, effluent or human excreta, or the contamination of any stream
or watercourse or the surface of any ground or any street or other
area in the City by any such sewage, sludge, effluent or human excreta,
or the maintenance of any sanitary or storm water sewer in a dangerous,
defective or unsanitary condition.
16.
The placing, depositing or throwing of any rubbish, garbage, trash,
fruit, scrap paper, handbills, confetti, shavings, dirt, hulls, shells,
stalks, dead animals or any other kind of waste materials, on any
sidewalks, streets or public places in the City or on any private
lot or premises, in such manner and extent as to thereby render the
same unsightly, unclean or unsafe.
17.
All buildings, or other premises or vacant lots, abutting on any
public way, maintained in an unclean or disorderly condition. The
abandonment, neglect or disregard to any such premises so as to permit
the same to become unclean, with an accumulation of litter or waste
thereon, or to permit the same to become unsightly, unsanitary, or
obnoxious or a blight to the vicinity, or offensive to the senses
of users of the public way abutting the same, and so to continue for
a period longer than ten (10) days, is declared to be a nuisance.
18.
All public or semi-public swimming pools kept or maintained in an
unsanitary manner which could be injurious to the public health.
19.
All other acts, practices, conduct, businesses, occupations, callings,
trades, uses of property, and all other things detrimental to the
health of the inhabitants of the City.
[Ord. No. 70-95 §§1-7, 11-4-1970; Ord. No. 83-60 §1, 8-17-1983; Ord. No. 92-72 §1, 11-18-1992; Ord. No. 02-38 §§1 — 2, 7-3-2002; Ord. No. 04-50 §3, 10-6-2004]
A.
Every
owner of real property within the City of Bridgeton shall keep open
and clear of all trash, debris, refuse, litter, garbage, junk or any
other material, or any obstruction of any kind or nature, which blocks,
hinders, diverts, dams, changes or prevents the natural flow of rain
and storm water, all portions of any streams, ditches, creeks, canals,
or rain and storm water drainage facilities which are on or abutting
the real property of any such owner.
B.
Upon
the failure of any owner of real property within the City of Bridgeton
to keep open and clear all streams, ditches, creeks, canals or rain
and storm water facilities as required by this Section, the City Engineer
shall issue a written order which shall identify the real property
involved, describe the condition which constitutes a violation of
this Section and require the owner of the real property involved to
correct said condition within thirty (30) days from the date of delivery
or posting of said order. A copy of said order shall be delivered
to the person occupying and having custody of the real property involved
or, if said person cannot be found, posted at some prominent place
on the real property.
C.
If
a property owner fails to comply with a written order of the City
Engineer within the requisite thirty (30) day period stated herein,
the City Engineer shall cause the trash, debris, refuse, litter, garbage,
junk, or other material involved to be removed as required by this
Section and shall certify the cost for such removal to the City Clerk
or Director of Finance who shall cause a special tax therefor against
the property to be prepared, filed and collected by the City Collector
or other official collecting taxes. Said tax bill shall be a lien
upon said property, which lien shall continue for six (6) years from
the date of issue, unless sooner paid or unless suit is brought to
collect the same within that time in which case the lien shall continue
until the final termination of the proceeding to collect; said assessment
shall bear interest at the rate of six percent (6%) per annum, until
paid. At the request of the taxpayer, said tax bill may be paid in
installments over a period of not more than two (2) years.
D.
Any
trash, debris, refuse, litter, garbage, junk or any other material,
or any obstruction, of any kind or nature, which blocks, hinders,
diverts, dams, changes or prevents the natural flow of rain and storm
water in any streams, ditches, creeks, canals, or rain and storm water
drainage facilities is hereby declared to be detrimental to the health,
safety and welfare of the residents of the City and to be a public
nuisance, and shall be removed as provided in this Section.
E.
The
City shall have the right to bring any action in any court of competent
jurisdiction at law or in equity to enjoin, or to compel abatement
of, any public nuisance as defined by this Section against any property
owner who has a duty under this Section to prevent or abate any such
public nuisance.
F.
It
shall be unlawful for any person within the City of Bridgeton to dump,
or cause to be dumped, into any stream, creek, ditch, canal, or rain
and stormwater drainage facility any trash, debris, refuse, litter,
yard waste, garbage, junk, sanitary wastewater, effluent from septic
tanks, commercial car wash wastewater, used or new motor oil, antifreeze,
sump pump discharge of contaminated or polluted water, laundry wastewater,
any auto or household toxic or any other material of any kind or nature
which may result in water pollution; and it shall be unlawful for
any person to do any grading, construction or other work in, to or
about any stream, creek, ditch, canal, or rain and storm water drainage
facility which blocks, hinders, diverts, dams, changes or prevents
the natural flow of rain and stormwater.
G.
If upon notice by the City of an illicit discharge or connection to any stream, creek, ditch, canal, or rain and stormwater drainage facility of any kind, and the failure thereupon to correct said discharge, the owner shall be in violation of this Section. The City shall have the right to disconnect and correct said illicit discharge and to charge the offending party the cost of doing so and to secure a lien on such land for such cost, which lien shall be imposed and be enforceable as provided by the provisions of Section 105.220 through 105.320 of this Code.
H.
It
shall be unlawful for any person within the City of Bridgeton to drain
the water from any swimming pool or spa so as to cause or permit the
water so drained to flow onto adjoining property.
I.
Any
person or persons who violate the provisions of this Section shall
upon conviction be punished by imprisonment not exceeding three (3)
months or by a fine not exceeding one thousand dollars ($1,000.00)
or by both such fine and imprisonment.
[Ord. No. 86-67 §§1-11, 9-3-1986; Ord. No. 88-60 §1, 11-2-1988; Ord. No. 94-19 §1, 3-16-1994; Ord. No. 00-30 §2, 4-19-2000]
A.
Improperly
sealed or maintained sanitary sewer and septic tanks located on public
and private properties are hereby declared to be a nuisance.
B.
Every
owner shall cause all sanitary sewers and septic tanks, including
all laterals and related facilities, located on or serving the owner's
property to be properly maintained and repaired in such a manner so
as to prevent the discharge of pollution from any such sanitary sewer
or septic tank or other related facility and to prevent erosion to
the adjacent grounds. The failure to do so is hereby declared to be
a nuisance.
C.
Whenever the City Engineer ascertains that a sanitary sewer or septic tank or other related facility is in violation of Subsections (A) or (B) herein, he shall cause a notice of such violation to be directed to the owner of the land upon which a violation occurs, directing such owner to correct those conditions which violate Subsections (A) or (B). Such notice shall include:
1.
A statement setting forth those conditions on the land which are
in violation of this Section;
2.
A direction to correct such conditions;
3.
The time within which such owner of the land shall be required to
correct such violations;
4.
A statement informing such owner of the right to a hearing if a request is made in the manner set forth in Subsection (E) herein;
5.
A statement informing such owner that, upon his failure to correct such conditions within the time specified in the notice, the City shall have the right to make such corrections and impose a lien upon the land as provided in Subsection (I) herein; and
6.
Such other matters as the City Engineer may determine.
D.
The
notice of violation shall be served on the owner in any one of the
following ways:
1.
By causing such notice to be delivered to such owner, either in the
City or elsewhere; or
2.
By posting a copy of such notice on the land in question; or
3.
By mailing such notice or copy thereof to such owner or such owner's
last known address as shown on the records of the Assessor of St.
Louis County.
E.
The
owner shall have the right to a hearing before the City Engineer,
upon a timely written request as provided herein, on whether such
sanitary sewer or septic tank or other related facility is causing
a discharge of pollution or the erosion of the adjacent grounds. The
request for such hearing shall be directed to the City Engineer and
shall be effective if, within fifteen (15) days after the date of
such notice from the City Engineer, it is either personally delivered
to the City Hall; or deposited in the United States Mail, postage
prepaid, as certified or registered mail addressed to the City Engineer.
F.
If a hearing before the City Engineer is requested in the manner set forth in Subsection (D), such hearing shall be held within fourteen (14) days after the receipt by the City Engineer of such request. Thereafter, within fourteen (14) days after such hearing, the City Engineer shall issue a notice of his decision as to whether the conditions existing on such land are in violation of this Section, a copy of which notice shall be served on the owner by any method provided for the service of a notice of violation under Subsection (E) herein.
G.
Unless
the City Engineer shall specify in this notice a longer period, all
conditions in violation of this Section shall be corrected by the
owner of such land within forty-five (45) days after either:
H.
If
the owner of such land shall fail to correct such violation within
the applicable time period, the City Engineer of his designated representative
shall have the right to enter upon such land on which the violation
occurs and all property adjacent thereto for the purpose of abating
the nuisance and may use any suitable means or assistance for the
purpose of repairing or maintaining such sanitary sewer or septic
tank or other related facility, either by employees of the City or
by contract with a responsible firm, and shall cause such sanitary
sewer or septic tank or other related facility to be repaired.
I.
All costs of making any such repairs or maintenance or abating such nuisance shall be charged to the owner of the land on which such sanitary sewer or septic tank or other related facility is located or which is served by such sanitary sewer or septic tank or other related facility, and such costs shall be assessed against such owner of such land by a notice of assessment, which shall be secured by a lien on such land, which lien shall be imposed and be enforceable as provided by the provisions of Section 105.220 through 105.320 of the Bridgeton Code. As part of the cost of repairing or maintaining such sanitary sewer or septic tank or other related facility, each notice of assessment shall include a charge of fifty dollars ($50.00) for inspecting the property and recording the notice.
J.
Notwithstanding anything to the contrary contained herein, whenever any such repair or maintenance work involves a lateral sewer service line on residential property having six (6) or less dwelling units, any cost to the City for work to repair or replace such lateral shall be reimbursed to the City under the terms of the Lateral Sewer Repair Fund as set forth under Chapter 121 of this Code, and any balance of the cost shall be charged to the land owner.
[Ord. No. 147 §§3,7, 5-22-1939]
Whenever any nuisance shall exist on any private property, the
City may notify in writing the owners and occupants of the property
on which the nuisance exists to have the same forthwith removed or
abated. Should the owner or occupant fail to have same removed within
ten (10) days, the City may from the time of service of said notice,
have same removed or abated forthwith.
[Ord. No. 147 §4, 5-22-1939]
Any person failing to remove or abate any nuisance upon any property owned or occupied by him within the time prescribed in Section 230.060 shall be deemed guilty of a misdemeanor.
[Ord. No. 147 §2, 5-22-1939]
It shall be the duty of the Enforcement Officer to draw up a
certificate of the amount of the expenses incurred by the City in
removing or abating a nuisance, and file same in the office of the
City Clerk.
[Ord. No. 147 §2, 5-22-1939; Ord.
No. 22-12, 4-6-2022]
A.
In
all cases in which the City removes nuisances, it shall charge the
owners or occupants of the property with the expenses incurred in
the performance thereof, and should said owner or occupant refuse
or neglect to pay the amount of expense incurred in and about the
premises upon demand therefor by the City, the owner or occupants
shall be subject to an additional fine of not less than one dollar
($1.00) and not more than one thousand dollars ($1,000.00) per month
until such time as the amount of expense incurred and demanded has
been paid.
B.
In
addition to the foregoing penalties, in all cases in which the City
removes nuisances, and the owners or occupants of the property have
been charged with the expenses incurred in the performance thereof,
an owner or occupant who willfully refuses to pay the amount of expense
incurred may, after a notice and hearing, be deemed guilty of a misdemeanor
and be punished by imprisonment not exceeding three (3) months.
[CC §12-31, 7-15-1970]
The expenses of removal or abatement of a nuisance by the City
shall be assessed against the owner or occupant of the property and
against the property, and a special tax bill issued against said property,
and collected as other property taxes.
