[R.O. 2011 §8.24.010; Code 1950 §603.14; Prior
Code §22-1; Ord. No. 6901 §1, 12-10-2012]
For the purposes of this Chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this Section:
Includes cinders, coal and everything that usually remains
after fires that has been mixed with garbage or filth of any kind.
Includes every accumulation of both animal and vegetable
matter, liquid or otherwise, that is received from kitchens, and also
all putrid and unsound meat, beef, pork and fish, and decayed or unsound
vegetables or fruits.
Means:
The person or entity whose name is listed as the owner of premises
on the last deed recorded at the St. Louis County Recorder of Deeds
Office and on the last tax records maintained at the St. Louis County
Assessor's and Collector's Office, and
When necessary and appropriate, any person in the care, custody,
or control of premises, including any tenant, occupant, or transient
user thereof, and any agent, servant, or abettor of such person.
Any parcel of real property, any building or structure located
on real property, any personal property, such as a car, trailer, camper,
etc., and any portion of the public way that abuts or supports such
premises when it is used in conjunction therewith for the commission
of nuisance activity.
Includes all loose and decayed material and dirt-like substances
that attend use or decay, or which accumulate from building, storing
or cleaning.
Includes every house, building or portion thereof which is
rented, leased or hired out to be occupied as the home or residence
of more than two (2) families living independent of one another.
[R.O. 2011 §8.24.020; Code 1950 §603.1; Prior Code
§22-2; Ord. No. 6901 §1, 12-10-2012]
"Nuisance" means a continuing or recurring
act or physical condition which is made, permitted, or allowed by
any owner on any premises or public property which is injurious or
detrimental to the health, safety, welfare, or convenience of the
inhabitants of University City, or any act or condition so designated
by Statute or ordinance.
[R.O. 2011 §8.24.030; Code 1950 §603.2; Prior Code
§22-3; Ord. No. 5529 §1, 4-21-1986]
The Chief of Police, the Director of Public Works and Parks,
the Building Commissioner and any officer, agent or employee appointed
by any of them are authorized to enter and inspect all buildings and
parts of buildings and other premises, at reasonable hours, for the
purpose of examining the sanitary condition thereof and for the discovery
and abatement of nuisances therein. If on such inspection any nuisance
or insanitary condition be found, the same shall be forthwith reported
to the City Manager.
[R.O. 2011 §8.24.040; Code 1950 §603.28; Prior
Code §22-4; Ord. No. 5529 §1, 4-21-1986]
It shall be the duty of the Chief of Police to serve all notices
issued by the City Manager, to execute all orders directed to him/her
under the provisions of this Chapter, and to perform such other duties
as may be required for the adequate enforcement of the provisions
of this Chapter. The Director of Public Works and Parks, the Building
Commissioner, the Chief of Police, and any officer, agent or employee
appointed by any of them are authorized to enter, at reasonable hours,
and examine all cellars, vaults, outhouses, yards and enclosures in
tenements within the City when they have reason to believe that a
nuisance exists, or filth is suffered to accumulate, or water is found
standing in any cellar or basement under any building, and to direct
the owner or occupant of the premises forthwith to remove or abate
the same.
[R.O. 2011 §8.24.050; Code 1950 §603.3; Prior Code
§22-5; Ord. No. 5529 §1, 4-21-1986]
Whenever any household goods, bedding, clothing, putrid or unsound
meat, fish, vegetables, fruit, hides or skins of any kind, or any
other article are found within the City, which in the opinion of the
City Manager is dangerous to the health of the inhabitants thereof,
the City Manager shall have the power and authority to cause the same
to be destroyed in such manner as he/she may direct, and he/she may
employ such persons as he/she sees fit for that purpose.
[R.O. 2011 §8.24.060; Code 1950 §603.4; Prior Code
§22-6; Ord. No. 5529 §1, 4-21-1986; Ord. No. 7025 § 2, 11-28-2016[1]]
Whenever it becomes necessary to immediately abate a nuisance, as defined by Section 220.020, by common law or by the Statutes of the State, in order to secure the general health or safety of the City or any of its inhabitants, the City Manager is authorized to abate or remove such nuisance. The City shall provide service of written notice to the owner of the property and, if the property is not owner-occupied, to any occupant of the property specifically describing each condition of the lot or land declared to be a public nuisance and identifying what action will remedy the public nuisance. The City Manager may use any suitable means or assistance for the removal or abatement of the nuisance, whether employees of the City or day laborers especially employed for that purpose or any other helper or assistance necessary therefor. The City Manager shall certify the cost of abating or removing such nuisance together with the proof of notice to the owner of the property to the Director of Finance who shall prepare a special tax bill against the property on which such nuisance was located, which tax shall be collected like other taxes.
If the certified cost is not paid, the tax bill shall be considered
delinquent. The tax bill shall be deemed a personal debt against the
owner and shall also be a lien on the property from the date the bill
is delinquent until paid.
A.
In case the abatement of any nuisance described in Section 220.060 is not immediately necessary for the protection of the health and safety of the inhabitants of the City, or in case of the existence of any alleged nuisance not defined therein, the Building Commissioner or his/her designee shall provide service of written notice by personal service or first-class mail to both the occupant of the property at the property address and the owner at the last known address of the owner.
1.
The notice shall specifically describe each condition of the
lot or land declared to be a public nuisance and identify what action
will remedy the public nuisance, providing the owner ten (10) calendar
days in which to abate or commence removal of each condition identified
in the notice.
2.
Upon failure of the owner to pursue the removal or abatement
of the nuisance without unnecessary delay within ten (10) calendar
days from the date of the notice, the Building Commissioner or his/her
designee shall hold a hearing prior to commencing abatement of the
nuisance by the City.
3.
The City will provide written notice of the hearing to the occupant
and owner of the property at least five (5) calendar days prior to
the hearing. The hearing notice shall set forth the date, time and
place for the hearing. All interested parties may appear at such hearing
either in person or by attorney and present evidence concerning the
matters at issue.
4.
If upon such hearing the Building Commissioner finds that a
nuisance exists, the Building Commissioner shall order the owner,
occupant or agent of such property, or the person causing or maintaining
such nuisance to abate the same.
B.
Upon failure of the owner or occupant to commence work of abating or removing such nuisance within the time specified or upon failure to proceed continuously with the work without unnecessary delay, the Building Commissioner or designated officer may cause the condition which constitutes the nuisance to be removed or abated. In all cases when the Building Commissioner or other person under the direction of the Building Commissioner shall remove or abate the public nuisance, the cost of such removal or abatement and the proof of notice to the owner of the property shall be certified to the Director of Finance to be included in a special tax bill in the manner prescribed in Section 220.060. If the City Manager finds that the premises are in violation of Section 220.270, the City Manager may order the immediate closure of the premises in accordance with said Section.
[R.O. 2011 §8.24.080; Ord. No. 6466 §1(part), 2003]
It shall be the duty of the owner or occupant of the premises, or his/her agent, or the person causing or maintaining any nuisance to abate the same after an order by the City Manager in accordance with the terms prescribed in such order; and any failure to do so shall constitute a violation of this Chapter and shall subject such person to the penalties prescribed for such violation in Section 220.060. In addition, any failure to comply with any order by the City Manager in reference to either abatement of the nuisance or closure of the premises shall subject such person to the general penalty prescribed in Section 100.190 of the University City Municipal Code.
[R.O. 2011 §8.24.090; Code 1950 §603.7; Prior Code
§22-9]
[R.O. 2011 §8.24.095; Ord. No. 6287 §1, 2001]
In addition to any other remedy provided by law, if the owner
of property has failed to begin or pursue without unnecessary delay
the removal of a nuisance and the City Manager has removed or abated
a public nuisance which had been declared to exist on any lot or land
due to the presence of debris of any kind including, but not limited
to, weed cuttings, cut and fallen trees and shrubs, overgrown vegetation
and noxious weeds which are seven (7) inches or more in height, rubbish
and trash, lumber not piled or stacked twelve (12) inches off the
ground, rocks or bricks, tin, steel, parts of derelict cars or trucks,
broken furniture, any flammable material which is unhealthy or unsafe
and declared to be a public nuisance, the cost of such removal or
abatement may be added to the annual real estate bill for the property
and collected in the same manner and procedure for collecting real
estates taxes.
[R.O. 2011 §8.24.100; Code 1950 §603.8; Prior Code
§22-10; Ord. No. 6192, 1999]
At hearings before the City Manager relating to the abatement
of nuisances as provided by this Chapter, the interested persons may
appear in person or by attorney, or may file affidavits.
[R.O. 2011 §8.24.110; Code 1950 §603.9; Prior Code
§22-11; Ord. No. 6192, 1999]
If any nuisance abated by the City Manager as provided by this
Chapter extended, before the abatement, over the property of more
than one (1) owner, the cost of abating the same shall be assessed
in proportion to the amount of work and expense for each proportionate
part of the entire work and the area, and the special tax bills provided
for by this Chapter shall be levied and collected accordingly, but
in determining who is the owner of any particular lot, plot or parcel
of land for the pro rata distribution of the assessment of such cost,
each group of owners, as for instance in joint tenancy or 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 the same as aforesaid.
[R.O. 2011 §8.24.120; Code 1950 §603.10; Prior
Code §22-12; Ord. No. 6192,
1999]
Any person or contractor employed or contracted with for the
abatement of a nuisance and any agent or employee of such contractor
shall have the right of entry for that purpose into and upon any premises
at reasonable hours, and it is unlawful to interfere with any Police
Officer or any officer, agent or employee of the City, or with any
representative of the City Manager, for the purpose of sanitary inspection
or the discovery or abatement of any nuisance.
[R.O. 2011 §8.24.130; Code 1950 §603.31; Prior
Code §22-13]
The owner of any premises, or his/her agent in charge thereof,
as well as the tenant or occupant of such premises is charged with
the duty of observing all of the requirements and provisions of this
Code with reference to nuisances, and any or all of such persons,
together with the person causing or contributing to cause or bring
about any nuisance, may be charged with such offense and shall be
equally liable.
