[R.O. 2007 § 215.010; CC 1979 § 12.1-26; Ord. No. 677 § 2, 9-9-1981; Ord. No. 1759 §§ 1
— 2, 5-9-1991; Ord.
No. 1769 § 1, 6-13-1991; Ord. No. 1898 § 1, 8-13-1992; Ord. No. 2385 § 1(12.1-26), 10-26-1995; Ord. No. 3179 § 1, 1-27-2000; Ord. No. 3511 § 1, 8-23-2001; Ord. No. 3954 § 1, 12-18-2003; Ord. No. 4964 § 1, 2-14-2008; Ord. No. 5516 § 1, 12-16-2010; Ord. No. 5962 § 1, 7-25-2013]
A.
Animal Or Vegetable Matter. Any accumulation
of animal or vegetable matter that is offensive by virtue of odors
or vapors or by the inhabitation therein of rats, mice, snakes or
vermin of any kind which are or may be dangerous or prejudicial to
the public health are declared to be a public nuisance.
B.
Disposition Of Carcasses.
1.
Not disposing as follows of the body of such animal that has died from any cause other than rabies or suspected rabies (see Section 215.033, Notice) within twenty-four (24) hours after knowledge of such death is declared to be a public nuisance.
2.
Every person owning or caring for any animal that has died from any cause other than rabies or suspected rabies (see Section 215.033, Notice) shall dispose of the body of such animal within twenty-four (24) hours after knowledge of such death, either to a person licensed under Chapter 269, RSMo., to dispose of or transport it, or by the owner or person entitled to such body causing the same to be buried within that time upon his/her own or any other available premises, and any such animal body shall be buried to such a depth that no part thereof shall be nearer than three (3) feet to the natural surface of the ground and every part of such body shall be covered with at least three (3) feet of earth in addition to any other materials that may be used for that purpose, provided however, that any person so owning or controlling any dead animal, that has not died of a contagious disease, shall have the right to remove the hide or skin thereof on his/her own premises before burying such body as herein prescribed, but such skinning must be done and the disposition of such hide or skin and body must be made in a manner that will avoid the creation of any public nuisance.
C.
Public Nuisance. Any condition detrimental
to the public health and in violation of this Section is declared
to be a public nuisance, and it shall be unlawful for any person,
including the owner or occupant of any premises within the boundaries
of the City and within one-half (½) mile of the boundaries
thereof, to maintain or permit to be maintained such public nuisance.
D.
Mosquito Breeding Places. Collections of
water in which mosquitoes breed or are likely to breed are those contained
in ditches, ponds, pools, excavations, holes, depressions, open cesspools,
privy vaults, fountains, cisterns, tanks, shallow wells, barrels,
troughs (except horse troughs in frequent use), urns, cans, boxes,
bottles, tubs, buckets, defective house roof gutters, tanks of flush
closets, plastic piping, bird baths or other water containers and
are declared a public nuisance, unless such collections of water are
treated to effectively prevent such breeding. The natural presence
of mosquito larvae in standing or running water shall be evidence
that mosquitoes are breeding therein. Collections of water in which
mosquitoes breed or are likely to breed shall be treated by such one
(1) or more of the following methods as shall be approved by the City
Health Department:
1.
Screening with wire netting of at
least sixteen (16) meshes to the inch each way, or any other material
which will effectually prevent the ingress or egress of mosquitoes.
2.
Complete emptying every seven (7)
days of unscreened containers, together with their thorough drying
or cleansing.
3.
Using a larvicide approved and applied
under the direction of the City Health Department Official or his/her
designee.
4.
Covering completely the surface of
the water with monomolecular surface, olive, petroleum or paraffin
oil once every seven (7) days.
5.
Cleaning and keeping sufficiently
free of vegetable growth and other obstructions, and stocking with
mosquito destroying fish.
6.
Filling or draining to the satisfaction
of the City Health Official or his/her designee.
7.
Proper disposal, by removal or destruction,
of tin cans, tin boxes, broken or empty bottles, tires and other articles
likely to hold water.
E.
Rodent Harborage. Paper, lumber, rocks,
boxes, barrels, bottles, cans, or other trash or debris, or other
material allowed to accumulate or remain on any premises, whether
improved or unimproved, occupied or vacant, or on any open lot or
alley within the City, in such a manner as to create a condition which
provides shelter, food or protection for rodents, or a breeding place
for such rodents is declared to be a public nuisance.
F.
Rubbish, Trash Or Junk. Any accumulation of rubbish, trash or junk causing or threatening to cause a fire hazard, or causing or threatening to cause the accumulation of stagnant water, or causing or threatening to cause the inhabitation therein of rats, mice, snakes or vermin of any kind which are or may be dangerous or prejudicial to the public health and any violations of Chapter 235 are declared a public nuisance.
G.
Land Fills. The disposal of garbage, rubbish
or other type of refuse by burying it under a shallow layer of ground
is declared to be a public nuisance. Provided, that a sanitary land
fill as defined herein shall be exempt from this provision if licensed
by the City and the State of Missouri. A "sanitary land fill" for
the purposes of this Chapter is defined as a type of operation in
which refuse and earth or other suitable cover material is deposited
in alternate layers of specified depth in accordance with a definite
plan on a specified portion of open land, with each layer being compacted
by force applied by mechanical equipment.
H.
Grass, Weeds, Trash, Etc.
1.
Grass And Weeds.
a.
No person shall permit weeds such
as jimson, burdock, ragweed, thistle, cocklebur, milkweed, buckthorn,
dandelion, henbit, crabgrass, goosegrass, foxtail, nutsedge, and poison
ivy, or other weeds of a like kind, to include all rank vegetable
growth which exude unpleasant and noxious odors and also high and
rank vegetable growth that may conceal filthy deposits, or grass of
any type to grow to a height of seven (7) inches or more upon any
lot or tract of land which includes a building under construction
("developed tract") or on common ground in any residentially zoned
district or upon any lot or tract of land which includes a building
under construction or on common ground in other districts which are
used for residential purposes. The growing of brome, alfalfa, timothy,
clover or other grasses/vegetation grown for hay purposes is prohibited
within any residentially zoned district.
b.
No person shall permit weeds such
as jimson, burdock, ragweed, thistle, cocklebur, milkweed, buckthorn,
dandelion, henbit, crabgrass, goosegrass, foxtail, nutsedge, and poison
ivy, or other weeds of a like kind, to include all rank vegetable
growth which exude unpleasant and noxious odors and also high and
rank vegetable growth that may conceal filthy deposits, or grass of
any type to grow to a height of seven (7) inches or more upon any
undeveloped lot or tract in any residentially zoned district or upon
any undeveloped lot in other districts which are used for residential
purposes. The growing of brome, alfalfa, timothy, clover or other
grasses/vegetation grown for hay purposes is prohibited within any
residentially zoned district.
c.
All multiple-family developments
shall be subject to a maximum height of seven (7) inches upon issuance
of the first occupancy permit. The growing of brome, alfalfa, timothy,
clover or other grasses/vegetation grown for hay purposes is prohibited
within any residentially zoned district.
d.
It shall be unlawful and considered
a public nuisance for any person, including the owner or occupant
of such premises, to permit weeds such as jimson, burdock, ragweed,
thistle, cocklebur, milkweed, buckthorn, dandelion, henbit, crabgrass,
goosegrass, foxtail, nutsedge, and poison ivy, or other weeds of a
like kind, to include all rank vegetable growth which exude unpleasant
and noxious odors and also high and rank vegetable growth that may
conceal filthy deposits, or grass of any type to grow to a height
of seven (7) inches or more upon any commercially, industrially, or
institutionally zoned lot or tract of land which includes a building
or building under construction.
e.
No person shall permit weeds such
as jimson, burdock, ragweed, thistle, cocklebur, milkweed, buckthorn,
dandelion, henbit, crabgrass, goosegrass, foxtail, nutsedge, and poison
ivy, or other weeds of a like kind, to include all rank vegetable
growth which exude unpleasant and noxious odors and also high and
rank vegetable growth that may conceal filthy deposits, or grass of
any type to grow to a height of twelve (12) inches or more upon any
undeveloped lot or tract of land in any commercially, industrially,
or institutionally zoned district.
f.
If weeds are allowed to grow, or
if trash is allowed to accumulate, on the same property in violation
of an ordinance more than once during the same growing season in the
case of weeds, or more than once during a calendar year in the case
of trash, the Chief of Police or other designated official may, without
further notification, have the weeds or trash removed and the cost
of the same shall be billed in the manner described.
g.
This Subsection (H)(1) shall not apply to areas zoned and being utilized for agricultural purposes or to areas being utilized for agricultural purposes as a permitted use in the zoning district in which the property is situated, or areas being utilized for agricultural purposes as a legal non-conforming use or in natural areas. For the purpose of this Subsection (H)(1)(g), "natural areas" are defined as land owned by the City of St. Peters, floodplain and floodway along streams, wooded areas, storm water management facilities including best management practices (bmp) for basins, bioswales, and other water quality improvements approved by the City of St. Peters, and those portions of land reflecting a conscious decision to plant, cultivate and maintain those native or naturally occurring species identified as wildflower and prairie grasses.
(1)
Acceptable crops on
lots or tracts of ground, except those lots or tracts zoned agricultural,
which are used for agricultural purposes may not exceed a height of
twelve (12) inches in any area parallel to the street for a minimum
distance of twelve (12) feet back from the curb and for a minimum
distance of twelve (12) feet back from any property line. The City,
in its sole discretion, has the authority to determine agricultural
use. The growing of brome, alfalfa, timothy, clover or other grasses/vegetation
grown for hay purposes is prohibited within any residentially zoned
district.
h.
The City reserves its right of enforcement
whenever it determines that any growth of vegetation creates or enhances
an identifiable health or safety problem including, but not limited
to, a proliferation of rats, mosquitoes, or vermin, or the creation
of a fire hazard.
2.
Trash, Garbage And Refuse. It shall
be unlawful for any person, including the owner or occupant of such
premises, to maintain or permit to be maintained any premises being
vacant lots or land, upon which undergrowth, trash, garbage, building
materials, glass, wood or miscellaneous refuse is permitted or caused
to accumulate in any manner which is a public nuisance, or to place
or leave some adjacent to his/her premises or in any public place
unless done pursuant to ordinance providing for its collection.
I.
Littering Nuisance. No person on public
or private property within the City shall litter by willfully or negligently
throwing or dropping any item such as bottles, cans, papers, liquid,
ice or trash of any kind, or by unloading or dumping any refuse onto
any area not authorized for refuse disposal. The driver of any vehicle,
except a public service vehicle, shall be held liable in the event
it cannot be determined which vehicle occupant committed any acts
or omissions amounting to a violation of this Section.
J.
Composting. Composting is the controlled biological reduction of organic separated materials to humus. If composting is not properly contained and managed, it can cause rodent, fly, odor, or other nuisance(s). All compost plots/areas shall be maintained in accordance with rules and regulations established pursuant to Chapter 235 as amended and shall comply with the following requirements:
[Ord. No. 7840, 7-27-2023]
1.
No residential compost plot/area
shall contain any of the following:
a.
Meat, fish, bones, other meat products.
b.
Oils, grease, fat, peanut butter.
c.
Cheese, butter, milk products.
d.
Blood.
e.
Barbecue pit ashes.
f.
Processed or cooked food.
g.
Dead animals or carcasses.
h.
Salad dressing, mayonnaise.
i.
Magazines, newspaper.
j.
Municipal solid waste.
k.
Treated or painted lumber.
2.
A compost plot may contain:
a.
Wood chips.
b.
Leaves.
c.
Grass, weeds.
d.
Crushed egg shells.
e.
Chicken manure.
f.
Straw.
g.
Flowers.
h.
Plants.
i.
Aquatic vegetation.
j.
Coffee grounds, tea leaves.
k.
Pine needles, cones, tree seeds.
l.
Sawdust.
m.
Citrus, raw vegetable and fruit trimmings
(less than twenty percent (20%)).
n.
Yard waste.
o.
Commercial compost additives, fertilizer.
p.
Soil.
3.
Residential Compost Plots.
a.
All residential compost plots shall
be enclosed in a freestanding compost bin(s). The accumulative volume
of bin(s) shall be no greater in volume than one hundred twenty-five
(125) cubic feet for properties ten thousand (10,000) square feet
and less in size, with an additional one hundred twenty-five (125)
cubic feet accumulative volume permitted for each additional ten thousand
(10,000) square feet of property space. Individual compost bins shall
be no taller than five (5) feet.
b.
Size requirements can be waived for
residential/neighborhood/subdivision/multi-family compost units and
plots. The approved waiver must be based on an overall compost management
practices plan to include provisions for location, size, design, and
vegetative/structural screening.
4.
Composting shall not be managed in
a static pile without a bin.
5.
Composting materials/yard waste cannot
be deposited in a drainage way, ravine, creek/stream/lake/pond, excepting
therefrom brush for fish habitat management, or stream/creek/pond
banks, on undeveloped land, woods, common ground or parkland. Composting
materials can be used for land application for turf, agricultural
and soil amendment purposes provided it is incorporated into the soil
within thirty (30) days of application. Composting materials/yard
waste can be used for erosion control or mulch purposes provided no
nuisance occurs.
6.
All compost plots shall be maintained
so as to prevent the attraction or harborage of rodents and pests.
The presence of rodents in or near a compost pile shall be cause for
the City to issue an order to abate.
7.
All compost plots shall be maintained
so as to prevent unpleasant, putrefactive, sour or pungent odors.
An earthy scent in the immediate proximity of the plot is acceptable.
8.
No compost plot shall be located
less than six (6) feet from the rear or side property line, or within
ten (10) feet of any home, patio, pool, or similar structure on the
adjacent property. All compost plots shall be at least six (6) feet
behind the front building setback line.
9.
No compost plot shall be located
where it will impede the natural free flow of stormwater drainage.
10.
Composting For Private Use Only Under
This Section.
11.
Maintenance responsibility shall
rest with the owner or operator of the property.
K.
Code Official means City Health Officer
or his/her designee, or Building Commissioner or his/her designee.
L.
Temporary, Portable Storage Pods. It shall
be unlawful and deemed a public nuisance for the owner or occupant
of any single-family residence to permit temporary, portable storage
pods to remain on or in the front yard, driveway or any other location
on said lot or parcel which is visible from any public right-of-way,
in any single-family residentially zoned district of the City for
a period of time exceeding ten (10) days, in the aggregate, in any
thirty (30) day period.
M.
Derelict Vehicles.
[Ord. No. 6578 § 1, 7-28-2016]
1.
Any motor vehicle or vessel within
the City which is derelict, junk, scrapped, disassembled or otherwise
harmful to the public health is declared to be a public nuisance,
unless:
a.
Such motor vehicle or vessel is completely
enclosed within a locked building or locked fenced area, sits on top
of a hard, impervious surface, and is not visible from adjacent public
or private property; or
b.
Such motor vehicle or vessel sits
upon the property of a business licensed as salvage, swap, junk dealer,
towing or storage facility so long as the business is operated in
compliance with its business license and the property is in compliance
with applicable zoning ordinances.
2.
A motor vehicle or vessel "is derelict,
junk, scrapped, disassembled or otherwise harmful to the public health"
if the motor vehicle or vessel contains one or more of the following
characteristics:
a.
The engine, wheels or other parts
have been removed for a period of at least thirty (30) consecutive
days;
b.
The engine, wheels or other parts
have been altered, damaged or otherwise so treated that the motor
vehicle or vessel is incapable of being driven under its own motor
power for a period of at least thirty (30) consecutive days;
c.
Broken windows, windshields or other
broken glass;
d.
Rats or other vermin inhabit the
motor vehicle or vessel; or
e.
Hazardous chemicals are leaking from
the motor vehicle or vessel.
[R.O. 2007 § 215.020; CC 1979 § 12.1-27; Ord. No. 677 § 2, 9-9-1981; Ord. No. 2385 § 2(12.1-27), 10-26-1995]
The City Health Official or his/her
designee shall have the right to enter and inspect, during daylight
hours, any building, lot, cellar, sewer and privy of every kind and
description, other than an occupied dwelling, which such official
reasonably believes to be dangerous and detrimental to the public
health, and shall have the power to order the person owning or in
possession or control of such premises, within the boundaries of the
City and within one-half (½) mile of the boundaries thereof,
on or in which such public nuisance exists to abate the same.
[Ord. No. 5390 § 1, 4-22-2010]
A.
Summary Abatement Of Nuisances.
1.
Procedure. Whenever a complaint is made to the Code Official of the existence of a public nuisance, as defined in this Chapter, the Code Official shall promptly cause to be inspected the property on which it is alleged that such public nuisance exists. Upon the discovery of a public nuisance, the Code Official may order the owner or other person creating, keeping, maintaining or permitting the same to abate it. Should the Code Official find that a public nuisance exists, and that the public health, welfare or safety may be in immediate danger, then summary abatement procedures shall be implemented and the inspecting official or department may cause the nuisance to be removed or abated. Summary abatement costs shall be certified by the City Clerk and assigned to the annual real estate tax bill for the property. If the public nuisance involves a building that appears structurally unsafe, the City shall follow those procedures promulgated in Section 525.040 of this Code.
2.
Notice. When summary abatement is
authorized, notice to the owner, agent or occupant of the property
is not required. Following summary abatement, the Code Official shall
cause to be posted on the property liable for the abatement a notice
describing the action taken to abate the nuisance.
B.
Abatement Of Nuisances In Other Cases.
1.
Procedure. Upon the discovery of a public nuisance that does not pose an immediate danger to the public health, welfare or safety, the Code Official shall submit a written report of the property on which the nuisance exists to the City Administrator. Photographs and findings shall be included in said report. If the City Administrator declares the existence of a public nuisance, but the nature thereof is not such as to require the summary abatement of such nuisance, then the City Administrator may order the abatement of the nuisance by notice in compliance with Section 215.033.
2.
Abatement By Owner. Within ten (10)
days after the posting and mailing of a notice to abate a nuisance,
the owner or individual in possession of the affected property shall
remove and abate such nuisance or show that actions for abating the
nuisance have commenced. Such showing shall be made by filing a written
statement or other proof of such actions with the Code Official.
C.
Abatement By City. If, after a hearing
in compliance with this Section finds that the nuisance or dangerous
condition exists, the Code Official shall have the authority to enter
upon the property and abate the public nuisance found thereon. In
abating such nuisance, the Code Official may go to whatever extent
may be necessary to complete the abatement of the public nuisance.
If it is practicable to salvage any material derived in the aforesaid
abatement, the Code Official may sell the salvaged material at private
or public sale and shall keep an accounting of the proceeds thereof.
D.
Proceeds From Sale Of Private Property.
The proceeds, if any, obtained from the sale of any material salvaged
as a result of an abatement of public nuisance by the Code Official
shall be deposited to the General Fund of the City and any deficit
between the amount so received and the cost of the abatement shall
be filed with the City Clerk. The City Clerk shall certify said costs
and assess costs to the annual real estate tax bill for the property.
Should the proceeds of the sale of the salvaged material exceed the
cost of the abatement, the surplus, if any, shall be paid to the owner
of the property from which the public nuisance was abated when a proper
claim to the excess is established.
E.
Authorized Action. In abating a public
nuisance, the Code Official may call upon any of the City departments
or divisions for whatever assistance shall be deemed necessary or
may by private contract cause the abatement of the public nuisance.
F.
Statement Of Costs. The Code Official shall,
after completing the removal and abatement, file a statement of costs
with the City Clerk. The City Clerk shall certify costs and assign
costs to the annual real estate tax bill for the property.
[1]
Editor's Note — Ordinance no. 5390 § 1 adopted April 22, 2010, repealed section 215.030 "notification" and enacted new provisions set out in sections 215.030 — 215.037. Former section 215.030 derived from R.O. 2007 § 215.030; CC 1979 § 12.1-28; ord. no. 677 § 2, 9-9-1981; ord. no. 1496 § 1, 2-9-1989; ord. no. 1759 § 3, 5-9-1991; ord. no. 1979 § 1, 2-11-1993.
[Ord. No. 5390 § 2, 4-22-2010]
A.
Notice. The Code Official shall determine
all individuals, firms or corporations who, from the records in the
Recorder of Deeds office, appear to be the titled owners of the aforesaid
property and immediately cause a written notice to be served on each
such individual, firm or corporation by personal service or by the
following methods:
1.
Leaving a copy of the notice at the
usual place or residence or business of such owner, or address of
such owner shown in the Recorder's records; and
2.
Mailing a copy to such owner at such
place or address by United States certified mail return receipt requested;
and
3.
Mailing a copy to such owner at such
place or address by United States mail.
|
If service of such written notice
is unable to be perfected by any of the methods described above, the
Code Official shall cause a copy of the aforesaid notice to be published
in a newspaper of general circulation in the City, once a week for
two (2) consecutive weeks, and shall further cause a copy of the aforesaid
notice to be left with the individual, if any, in possession of such
property on which it is alleged such public nuisance exists, or if
there is no individual in possession thereof, the Code Official shall
cause a copy of the notice to be posted at such structure, location
or premises. The Code Official shall also determine from the Recorder
of Deeds office who the lien holder of the property, if any, as documented
therein, is and cause a written notice to be served on such lien holder
by United States certified mail return receipt requested.
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B.
Notice Contents. The aforesaid notice to
the owners and lien holder, if any, of the property shall state clearly
and concisely:
1.
The street address or legal description
of the property;
2.
A description of the condition or
conditions alleged to constitute a public nuisance;
3.
That a hearing is scheduled with
the City Administrator on a date not sooner than ten (10) days after
the date of the notice letter;
4.
That proof of the commencement of
such abatement actions must be submitted to the Code Official not
later than three (3) working days before the date scheduled for the
hearing or such hearing to determine whether the nuisance or dangerous
condition will be held; and
5.
That the hearing may be held without
the presence of any owner, lien holder, occupant or representative.
C.
Adequacy Of Proof. The City Administrator
shall have discretion over what actions are sufficient to constitute
the commencement of nuisance abatement. However, the City Administrator
shall be guided by such factors as:
D.
Responsible Parties. Any person who is
the record owner of the premises, location or structure at the time
an order pursuant to this Section is issued and served upon him, shall
be responsible for complying with that order and liable for any costs
incurred by the City therewith, notwithstanding the fact that he conveys
his interests in the property to another after such order was issued
and served.
[Ord. No. 5390 § 2, 4-22-2010]
A.
Procedure. The owners, lien holder and occupants of the property who have been served with a notice pursuant to Section 215.033, and who do not submit sufficient proof of the commencement of such abatement actions to the Code Official not later than three (3) working days before the date scheduled for the hearing, may appear in person or by representative at a hearing with the City Administrator scheduled on a date not sooner than ten (10) days after the date of the notice letter.
B.
Hearing. The City Administrator shall conduct
a full and adequate hearing upon the question of whether a public
nuisance in fact exists. The City Administrator may amend or modify
the notice or extend the time for compliance with the notice by the
owner by such date as the City Administrator may determine.
C.
Evidence. The owners, lien holder and occupants
of the property, or their representative or agents, of the subject
property shall be given the opportunity to present evidence to the
City Administrator in the course of the hearing.
D.
Order. Should the evidence support a finding
that the building, structure or condition constitutes a public nuisance,
the City Administrator shall issue an order making specific findings
of fact, based upon competent and substantial evidence, which shows
the building, structure or condition to be a public nuisance and ordering
the building, structure or condition removed, repaired or otherwise
abated by the City.
E.
Additional Time. The City Administrator,
upon written application by the owner at any time within the period
after the notice has been served, may grant additional time for the
owner to effect the abatement of the public nuisance, provided that
such extension is limited to a specific time period.
F.
Costs To Be Certified. The costs of performance
of the abatement order shall be certified to the City Clerk who shall
cause a special tax bill therefor against the property to be prepared
and collected by the City Collector, or other appropriate officer,
with other taxes assessed against the property. Except as otherwise
provided in this Section, at the request of the taxpayer the tax bill
may be paid in installments over a period of not more than ten (10)
years. The tax bill from date of its issuance shall be deemed a personal
debt against the property owners and shall also be a lien on the property
until paid. Each special tax bill shall be issued by the City Clerk
and delivered to the collector on or before the first 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.
G.
Appeal Procedures. The Board of Aldermen shall be vested with appeal authority. Orders of abatement by the City Administrator may be appealed to the Board of Aldermen. Appeals must be filed with the City Clerk not later than ten (10) days after the issuance of the order described in Subsection (D) of this Section.
H.
Board Of Aldermen May Waive Costs. In those
instances where the nuisance has been abated by the City, the Board
of Aldermen shall have discretion to waive the cost of abating a nuisance,
in whole or in part, if, in the course of the hearing reviewing the
decision, the Board of Aldermen finds that any of the following did
not conform to the provisions of this Chapter:
I.
Finality Of Judgment. If the judgment of
the Board of Aldermen is not appealed to the Circuit Court within
thirty (30) days from the date of delivery or mailing of notice, the
judgment will be declared final per Chapter 536, RSMo.
[Ord. No. 5390 § 2, 4-22-2010]
A.
Procedure. Upon receipt of the statement
of costs from the Code Official, the City Clerk shall mail to the
owners of the property upon which the public nuisance has been abated
notice of the amounts set forth in the statement plus an additional
amount sufficient to defray the costs of the notice and stating that
the City proposes to assess against the property the amount set forth
in the notice and that objections to the proposed assessment must
be made in writing and received by the City Clerk within twenty (20)
days from the date of mailing such notice. Upon the expiration of
the twenty (20) day period, if no objections have been received by
the City Clerk, the City Clerk shall enter that amount in the City
liens docket which shall therefore constitute a lien against the property.
B.
Objections. If objections of either the
property owner or their representative are received by the City Clerk
prior to the expiration of the twenty (20) day period, the City Clerk
shall refer the matter to the City Administrator for administrative
review.
C.
Administrative Review. Upon conclusion
of administrative review, the City Administrator shall make a written
determination that the amount of the charges shall be canceled, reduced
or remain the same. A copy of this determination shall be furnished
to the person making the objections together with a notice of such
person's right to appeal to the Board of Aldermen within thirty (30)
days.
D.
Absence Of Appeal. If no appeal of a determination by the Code Official is filed within the time period allowed, a copy of the determination will be furnished to the City Clerk who shall then enter a lien in the amount determined by the Code Official in the City liens docket as provided in Subsection (A).
E.
Filing Of Appeal. If a timely appeal is received by the Board of Aldermen, a hearing shall be scheduled and held on the matter. If, after the hearing, the Board of Aldermen determines that the proposed assessment does not comply with Subsection (G) herein, the Board of Aldermen shall so certify to the City Clerk and the proposed assessment shall be canceled. If, after the hearing, it is determined that the proposed assessment or any part of it is proper and authorized, the Board of Aldermen shall so certify to the City Clerk who shall enter a lien in such amount as determined appropriate by the Board of Aldermen in the lien docket as provided in Subsection (G).
F.
Finality Of Board Of Aldermen. If the judgment
of the Board of Aldermen is not appealed to the Circuit Court within
thirty (30) days from the date of the Board of Aldermen's determination
of the assessment, the judgment will be declared final per Chapter
536, RSMo.
G.
Reducing Costs.
1.
Assessments. The City Administrator,
in administrative review, or the Board of Aldermen, on appeal, may
reduce or cancel a proposed assessment if it is determined that any
of the following did not conform to the provisions of this Chapter:
2.
The City Administrator, in administrative
review, or the Board of Aldermen, on appeal, may reduce a proposed
assessment by eliminating the civil penalty portion of the invoice
if it is determined that:
a.
The current owner was not in possession of the property at the time the notice required by Section 215.033 was posted; or
b.
The owner did not receive the notice
to remove the nuisance, did not have knowledge of the nuisance and
could not, with the exercise of reasonable diligence, have had such
knowledge.
H.
Claim Of Lack Of Notice. If, after a lien has been entered in the docket of City liens, there is a written request of the owner who alleges that the owner did not receive notice of the proposed assessment, the City Clerk shall refer the matter for review pursuant to Subsection (D) of this Section. The lien may be canceled or reduced by the City Administrator, in administrative review, or the Board of Aldermen, on appeal, if it is determined that the owner did not receive notice of the proposed assessment, did not previously have knowledge of the lien or of the nuisance abatement work constituting the basis of the lien, could not, in the exercise of reasonable care or diligence, have had such knowledge, and, in addition, that the circumstances are such that a reduction or cancellation of the charges would have been appropriate had the matter been reviewed pursuant to this Section prior to assessment. Upon receipt of a certification from the City Administrator and/or Board of Aldermen pursuant to Subsection (D), the City Clerk shall cancel or reduce the lien if required by the determination of the City Administrator and/or Board of Aldermen. The individuals, firms or corporations who are the owners of the property at the time at which the notice required under Section 215.033 is posted shall be personally liable for the amount of the assessment including all interest, civil penalties and other charges.
I.
Overhead Charge. Whenever a nuisance is
abated by the City, the City Clerk shall keep an accurate account
of all expenses incurred, including an overhead charge of twenty-five
percent (25%) for administration.
J.
The procedures set forth in this Chapter shall be in addition to any other remedies that may exist under law for the abatement of public nuisance, and this Chapter shall not prevent the City from prosecuting violations of this Chapter, a conviction of which shall be punishable pursuant to Section 100.060 of this Code, or proceeding in a civil cause of action for abatement of nuisances created by the accumulation of unsightly, dangerous or noxious personal property within the borders of the City. Upon the successful prosecution of such civil cause of action, the City may be awarded by the court reasonable attorney's fees incurred in such action pursuant to Section 79.383, RSMo.
[R.O. 2007 § 215.040; Ord. No. 2848 §§ 1 — 2(12.1-29), 5-28-1998; Ord. No. 2979 § 1, 12-10-1998]
A.
GRAFFITI
GRAFFITI ABATEMENT PROCEDURE
Definitions. Whenever the following terms
are used in this Section, they shall have the following meanings:
The defacing, damaging, or destroying by the spraying of
paint or marking of ink, chalk, dye, or other similar substance in
the form of drawings, inscriptions, figures, or marks on public and
private buildings, structures, and places, without the prior consent
of the owner of the premises or the agent of the owner of the premises.
A procedure, which identifies graffiti, issues notice to
the landowner to abate the graffiti, provides remedies in the absence
of a response, and provides for a penalty for lack of compliance.
B.
It shall be unlawful for any person to
write, paint, or draw any graffiti upon any wall, rock, bridge, building,
fence, gate, other structure, tree, or other real or personal property
within the City, whether publicly or privately owned.
C.
When appropriate and in addition to a fine
and/or imprisonment, the courts may 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.
The public is encouraged to cooperate in the elimination of graffiti
by reporting to the St. Peters Police Department all incidents of
the application of graffiti that they observe.
D.
Notice Of Removal And Hearing.
1.
Whenever the Chief of Police, Building
Commissioner or his/her designees determine that graffiti exists on
any public or private buildings, structures or places which are visible
to any person using any public right-of-way in the City, be it road,
parkway, alley or otherwise, and the seasonal temperatures permit
the painting of exterior surfaces, the City may cause a notice to
be issued to abate such nuisance. The property owner shall have ten
(10) days after the date of issuance of the notice to remove or paint
over the graffiti or request in writing a hearing be held by the City's
Administrator or his/her designee to determine if the graffiti constitutes
a nuisance, or the graffiti will be subject to abatement by the City.
If a hearing is requested, it shall be held within thirty (30) days
of the written request. If the City Administrator or his/her designee
determines, after hearing and issuance of written findings and orders,
that a nuisance does exist, the property owner shall have ten (10)
days from the date of the determination to abate the public nuisance
through the removal or painting over of the graffiti.
2.
The notice to abate graffiti issued
pursuant to this Section will be a written notice to be served upon
the owner of the premises or the agent of the owner of the affected
premises, as such owner's name, or agent's name, and address appears
on the last property tax assessment rolls of St. Charles County. If
there is no known address for the owner of the premises or the agent
of the owner, the notice shall be sent in care of the property address
or posted as hereinafter set forth. The notice required by this Section
may be served in any 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, or the agent of the
owner's last known address. If both are unknown, the notice shall
be sent to or posted on the property address.
3.
The notice shall be substantially
in the following form:
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NOTICE TO REMOVE GRAFFITI
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Date of notice: _____________________
| |
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NOTICE IS HEREBY GIVEN that you are
required by law, at your expense, to remove or paint over the graffiti
located on the property situated at ___________________, Missouri,
which is visible to public view, within ten (10) days after the date
of this notice.
| |
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You may request a hearing on this
order before the City Administrator or his/her designee within ten
(10) days of the date of this NOTICE. If the graffiti is not removed
or painted over, or a hearing requested within ten (10) days of the
date of this notice, or within ten (10) days of a determination by
the City Administrator or his/her designee subsequent to a hearing
upon this notice, the City will enter upon your property and abate
the public nuisance by removing or painting over the graffiti. The
cost of the abatement by the City will be assessed against this property
and such costs, if not paid by you within thirty (30) days of the
abatement, will constitute a lien upon the property until paid.
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4.
Upon failure of the person(s) to
comply with the notice by the designated date or within ten (10) days
after any hearing where a nuisance is determined by the City Administrator
or his/her designee to exist, the City is authorized to cause the
graffiti to be abated by City employees or a private contractor employed
by the City. The City or its private contractor is expressly authorized
to enter upon the premises for such purposes. If the City or its private
contractor accomplish the removal of the graffiti, they shall not
authorize nor undertake to provide for the painting or repair of any
more extensive area than that where the graffiti is located.
5.
The City will provide the owner of
the premises, or the agent of the owner of the affected premises,
notice in the manner set forth above of the City's intent to assess
the costs of abatement against the property. Any and all costs incurred
by the City in the abatement of the graffiti under the provisions
of this Section, which authorize assessment of the cost, shall constitute
a lien against the property upon which such nuisance existed. Any
such assessment shall be collected in the same manner as is provided
in the Code of Ordinances of the City of St. Peters, Missouri, for
all other taxes and/or assessments.
