[Ord. No. 4758 §1, 2-22-2000; Ord. No. 4847 §1, 4-21-2003; Ord. No. 4938 §3, 6-6-2005]
A.
Public Nuisances Defined. Any fence, wall, shed, deck, house,
garage, building, structure or any part of any of the aforesaid; or
any tree, pole, smokestack; or any excavation, hole, pit, basement,
cellar, sidewalk subspace, dock, wharf or landing dock, any lot, land,
yard, premises or location which in its entirety, or in any part thereof,
by reason of its condition in which the same is found or permitted
to be or remain, shall or may endanger the health, safety, life, limb
or property, or cause any hurt, harm, inconvenience, discomfort, damage
or injury to any one (1) or more individuals in the City, in any one
(1) or more of the following particulars:
1.
By reason of being a menace, threat and/or hazard to the general
health and safety of the community.
2.
By reason of being a fire hazard.
3.
By reason of being unsafe for occupancy, or use on, in, upon, about
or around the aforesaid property.
4.
By reason of lack of sufficient or adequate maintenance of the property,
and/or being vacant, any of which depreciates the enjoyment and use
of the property in the immediate vicinity to such an extent that it
is harmful to the community in which the property is situated or such
condition exists.
B.
The following acts, in addition to any others in violation of Subsection (A) of this Section, are determined by the City Council as noisome, offensive, unwholesome or dangerous to the public's health, welfare and/or safety and shall constitute a public nuisance:
1.
Allowing stagnant pools of water to accumulate. Stagnant
water shall be determined as any accumulation that has not dispersed
within seven (7) days of the last recorded local rainfall.
2.
Accumulations or disposal of trash, lumber or firewood which is not
piled and stacked more than twelve (12) inches off the ground, earth,
ashes, mortar, papers, stone, brick, rock, tin, steel, dirt, manure,
filth, excrement, chips or rubbish of any description, cesspools,
drains, garbage or any other animal or vegetable substances, unless
the accumulations or disposal of such items in such a place as specifically
authorized by law.
3.
The keeping of any horse, cattle, sheep, swine, goats, mules or other
livestock or fowl within the corporate limits (unless a municipal
permit has been issued).
4.
The pollution of any river, creek, storm channel or other body of
water within the City limits.
5.
Burning of refuse or other material in such a matter as to cause
or permit the smoke, ashes, soot or gases to be sensed by any person
or neighborhood.
6.
The distribution of samples of medicine or drugs to minors other
than by a physician.
7.
The keeping of doves or pigeons which deposit excreta on buildings
or sidewalks.
8.
Maintaining a privy or outdoor closet where connections to a sanitary
sewer are available.
9.
Garbage trucks that are not covered or leak proof.
10.
Dead animals not disposed of within twenty-four (24) hours.
11.
Any building, house, room, or other structure or vehicle, maintained
or used for the purposes of lewdness, assignation or prostitution.
12.
Any pit, basin, hole or other excavation which is unguarded and dangerous
to life, or has been abandoned, or is no longer used for the purpose
for which it was constructed or is maintained contrary to law.
13.
All obstructions to streets, right-of-way, or other public ways in
the City, and all excavations in or under the same, which are by ordinance
prohibited, or which may be made without lawful permission, or which,
having been made by lawful permission, are kept and maintained after
the purpose thereof has been accomplished or for an unreasonable length
of time.
14.
Erecting, maintaining, using, placing, depositing, leaving or permitting
to be or remain in or upon any street, alley, sidewalk, park, parkway
or other public or private place in the City, any one (1) or more
of, but not limited to, the following conditions or things:
a.
Any bone, meat, hides, skin or the whole or parts of any dead animal
or fish.
b.
Any chemicals, liquid or solid effluent or other materials commonly
known to be noxious, offensive, dangerous or otherwise injurious including,
but not limited to, grease, oil, antifreeze, explosives, radioactive
materials and poisons.
15.
All premises and vehicles whereon or wherein intoxicating liquor
is manufactured, sold, bartered, exchanged, given away, furnished,
disposed of, consumed or permitted to be consumed in violation of
the laws of the State and the ordinances of the City.
16.
All vacant, unused or unoccupied buildings and structures within
the City, which are allowed to become or remain open to entrance by
unauthorized persons or the general public, because of broken, missing
or open doors, windows, or other openings, so that the same may be
used by vagrants or other persons in a manner detrimental to the health
and welfare of the inhabitants of the City.
17.
Any refrigerator, icebox or deep freeze locker having a capacity
of one and one-half (1½) cubic feet or more or any other container
manufactured, custom-made or homemade designed for storage which is
stored, discarded, abandoned or left in any place accessible to children
and which has not had the door removed.
18.
Electric fence or fence constructed wholly or partly of barbed wire
or razor wire.
19.
Weeds or plant growth in excess of seven (7) inches in height. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or decorative shrubs, cultivated flowers, ornamentals and garden plants. Vegetation harmful or irritating to the human touch shall be removed including poison ivy, poison oak and poison sumac (see Section 220.030 for abatement).
20.
A swimming pool or any other pool of water that is more than twenty-four
(24) inches deep that is not enclosed by a fence at least forty-two
(42) inches in height with a lockable gate. Said gate which is left
unlocked when pool is not in use will constitute a public nuisance.
21.
Non-licensed vehicles, including, but not limited to, recreational
vehicles, boats, trailers and construction equipment, which are not
stored in an accessory building or garage so that they may not be
seen.
22.
Any excessive, unnecessary noise or loud playing of musical instruments
or devices annoying to the public.
23.
Any tree on any property which by reason of its dying, decay or other
reason, is a menace to the safety of persons using any street, alley
or sidewalk or persons occupying any premises or parcel of ground.
24.
The disruption, diversion or damming of the natural water runoff
from existing property or an established watercourse and causing such
water to flow onto or flood adjacent properties, public sidewalks
or streets.
25.
Any dog, cat, puppy, kitten or other animal soiling, waste or defecation
on urban property other than property of a person responsible for
the animal unless such waste is immediately removed by a person responsible
for the animal and deposited in a waste container or buried on ground
where the person responsible for the animal has permission or the
right to bury it.
26.
Handbills on public or private property. No person
shall tack, stick, paste or fasten in any manner any handbill or flier
containing commercial advertising of a written, printed or pictorial
nature upon any public property within the limits of the City; or,
on any motor vehicle, dwelling or other structure within the City
without the consent of the owner or occupant thereof.
[Ord. No. 4758 §1, 2-22-2000]
No person shall permit, cause, keep, maintain or create within
the City any nuisance as defined by State laws or City ordinances.
[Ord. No. 4758 §1, 2-22-2000]
A.
If
the nuisance is present on the property seven (7) days after receipt
of the notice by the property owner or occupant, the enforcement officer
shall cause the same to be abated. (The costs of abatement may also
include a fee for the City's costs in administering this Article,
which fee shall not exceed one hundred dollars ($100.00).) The enforcement
official shall charge the owner or occupants of the property with
the expense incurred and shall give notice in writing to such owner
or occupants of the property of the amount of such costs.
B.
If the owner or the occupant fails to pay the amount of the costs, they shall forfeit and pay to the City a sum equal to the amount of costs incurred by the Building Commissioner, Chief of Police, Fire Chief or Public Works Director or their designee, together with the City's reasonable attorney's fees incurred in collecting the same. The enforcement official shall certify the costs incurred to the City Clerk for preparation of a special tax bill pursuant to Section 220.095.
[Ord. No. 4844 §1, 4-21-2003]
In addition to any other remedy provided in Chapter 220 "Nuisances", it is hereby provided that the appropriate City Officers are authorized to certify the costs incurred in abating nuisances in the City of Richmond Heights to be added to the annual real estate tax bill relating to the property wherein the nuisance incurred and collected in the same manner and procedure for collecting real estate taxes.
[Ord. No. 4758 §1, 2-22-2000]
A.
Where
immediate danger exists to the general public or to the occupants
of a structure from a nuisance, the Building Commissioner, Chief of
Police, Fire Chief, Director of Public Works or their designee, shall,
in emergency cases:
1.
Make reasonable efforts to immediately notify the property owner
or occupants of the existence of the nuisance and direct them of the
need for immediate abatement of the nuisance;
2.
Upon the failure of the owner or occupants to abate the nuisance
or, if no owner or occupant is available, the Building Commissioner,
Chief of Police, Fire Chief, Director of Public Works or their designee
shall order the abatement of the nuisance; and
[Ord. No. 4758 §1, 2-22-2000]
A.
Any
condition on any lot or land that has the presence of debris of any
kind is hereby declared to be a public nuisance, subject to abatement.
Debris includes 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 and/or any flammable material. The
word "debris" also includes any other material which
is found on any lot or land that is unhealthy or unsafe, provided:
[Ord. No. 4758 §1, 2-22-2000]
A.
Enforcement
of this Article shall be the responsibility of the Building Commissioner,
Chief of Police, Fire Chief or Director of Public Works. Enforcement
shall commence by providing notice to the owner or the occupant of
the property of the nuisance condition existing on his/her/its property.
The notice may be delivered by personal service, by certified mail,
by posting in a conspicuous location or by ordinary mail. (If sent
by ordinary mail, there will be a rebuttable presumption that the
letter was delivered five (5) days after the date it was sent.)
1.
The notice shall generally describe the nature of the nuisance, the
location of the property (using the mailing or popular address rather
than a legal description when reasonably possible to do so), and ordering
the property owner or the occupant to, within a period of seven (7)
days from the receipt of the notice, abate the nuisance.
2.
Any owner or the occupant who wishes to challenge the order of the
abatement may do so, provided that within the seven (7) day period
he/she/it requests a hearing on the validity of the order under the
State Administrative Procedure Act, Chapter 536, RSMo. If no such
request is made within that time period, the order becomes final and
is not subject to challenge elsewhere. If such request is made, the
hearing shall be conducted by the City's designated Hearing Officer.
B.
Except
for weed violation notices, the request for a hearing must be in writing,
but otherwise no particular formality is required. Notice to the property
owner or the occupant of his/her right to request such hearing shall
be given by including a copy of this Article with any notice sent
under authority of this Section. Once a request for a hearing is received,
the hearing shall be conducted with the "contested case" provisions
of the State Administrative Procedure Act. The City Attorney shall
represent the City at such a hearing.
[Ord. No. 4758 §1, 2-22-2000]
A.
An
owner or occupant who fails to remove a nuisance within seven (7)
days of being notified to do so by the notice/abatement order described
above shall be guilty of an offense and may (at the option of the
City) be charged in Municipal Court with the offense of "failure to
abate a nuisance".
1.
The Building Commissioner, Chief of Police, Fire Chief, Public Works Director or their designee shall compute the amount of the costs incurred and certify the amount in the office of the City Clerk, as provided by Section 220.095 and the office of the Clerk of the Municipal Court. The Municipal Judge shall immediately issue a summons against the delinquent owner or occupant of the property.
B.
The
Municipal Judge is authorized to issue all orders and warrants necessary
to enforce this Article.
[Ord. No. 4758 §1, 2-22-2000]
A.
It
shall be unlawful for any person to write, paint or draw upon any
wall, rock, bridge, building, fence, gate, structure, tree or other
real or personal property in the City whether publicly or privately
owned, any drawing, inscription, figure or mark of the type which
is commonly known and referred to as graffiti.
B.
GRAFFITI
GRAFFITI ABATEMENT
PRIVATE CONTRACTOR
Whenever
the following terms are used in this Section, they shall have the
meanings established by this Section:
The defacing, damaging or destroying by the spraying of paint
or marking of ink, chalk, dye or other similar substances on public
or private structures and places.
A procedure which identifies graffiti, issues notices to
the landowner to abate the graffiti, and provides remedies in the
absence of a response.
Any person with whom the City shall have duly contracted
to remove graffiti.
C.
Whenever the Building Commissioner determines that graffiti exists on any public or private building, structure or place, which graffiti are visible to any person utilizing any public or private right-of-way in this City whether such right-of-way is a road, parkway or otherwise, and that seasonal temperatures permit the painting of exterior surfaces, the Building Department shall cause a notice to be issued to abate such nuisance. The property owner shall have ten (10) days after the day of notice to remove the graffiti or the conditions will be subject to abatement by the City. This notice to abate graffiti shall be in writing and shall be served upon the owner(s) of the affected premises as such owner's name and address appear on the latest property tax assessment rolls of the County. If there is no known address for the owner(s), the notice shall be sent or posted in care of the property address. The notice required by this Section shall be served as provided in Section 100.170 of this Code.
D.
Upon
failure of the persons(s) to comply with the notice by the designated
date, the building commissioner is authorized to cause the graffiti
to be abated by City employees or private contract and the City, or
its private contractor, is expressly authorized to enter upon the
premises for such purpose. All reasonable efforts to minimize damage
from such entry shall be taken by the City. If City employees accomplish
removal of the graffiti or other inscribed material, they shall not
authorize nor undertake to provide for the painting or repair of any
more extensive area than where the graffiti or other inscribed material
is located.
E.
Any and all costs incurred by the City in the abatement of the graffiti nuisance under the provisions of this Section shall be collected as provided in Section 220.030.
F.
Any person convicted of applying graffiti as outlined in this Section shall be subject to the penalty provided for in Section 100.150. When appropriate, in addition to such fine and/or imprisonment, the Court shall require those who commit acts of defacement of public or private property through the application of graffiti to restore the property so that the defaced, damaged or destroyed property is brought back to its original condition.
[Ord. No. 4758 §1, 2-22-2000]
All Police Officers shall watch for any violation of the nuisance
provisions and report all the facts surrounding any observed violation
to the offices of the Building Commissioner, Chief of Police, Fire
Chief or Public Works Director or their designee for abatement.
[Ord. No. 4758 §1, 2-22-2000]
A.
In addition to the penalty provided in Section 100.150, an owner who fails to pay the amount of the City's costs for abatement of the nuisance in violation of Section 220.030 shall be subject to the following provisions:
1.
In case the amount is not paid within thirty (30) days after the giving of notice as provided in Section 220.030, the Building Commissioner, Chief of Police, Fire Chief or Director of Public Work shall certify the cost of same to the City Clerk who shall cause a special tax bill therefor against the property to be prepared and to be collected by the City Manager with other taxes assessed against the property.
2.
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.
3.
Each tax bill shall be issued by the City Clerk and delivered to
the City Manager within ninety (90) days of the date of the issuance
of said special tax bill.
4.
Such special tax bills, if not paid when due, shall bear interest
at the rate of eight percent (8%) per annum.
