[CC 1988 §63.010(A); Ord. No. 1177 §1, 4-21-1997]
It is necessary to regulate litter in order to protect the public safety and health and to preserve the aesthetics and general welfare interests of City residents, and to ensure and preserve the residential nature of the neighborhoods, and to secure a prosperous and progressive community, maintain the values of residential property in the City and to prevent unsightliness which debases the values of the community.
[CC 1988 §63.010(A)(1); Ord. No. 1177 §1, 4-21-1997; Ord. No. 1218 §1, 9-2-1997]
As used in this Article, unless the context requires a different definition, the following shall apply:
DEBRIS
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 that:
1. 
It is described in detail in the notice that is required in this Article.
2. 
The definition is not challenged by requesting a formal hearing as provided in this Article.
LITTER
Any non-containerized manmade or man-used waste which, if deposited within the City or otherwise than in a litter receptacle, tends to create a danger to public health, safety and welfare, or which would impair the environment of the people of the City. It may include, but is not limited to, garbage, trash, refuse, confetti, debris, newspaper, magazines, glass, metal, construction materials, concrete, asphalt and other paving materials, tin cans, tree trunks, tree limbs, grass, bedding, crockery and similar materials.
RUBBISH
Solid waste consisting of both combustibles and non-combustibles such as paper, wrappings, cigarettes, tobacco products of any kind, cardboard, plastic or paper containers or other construction materials, motor vehicle parts, furniture, appliances, chemicals, oil, carcasses of dead animals, or nauseous or offensive matter of any kind or any object likely to injure any person or create any hazard.
[CC 1988 §63.010(A)(2); Ord. No. 1177 §1, 4-21-1997]
A. 
No person shall throw or deposit litter, rubbish or any other material upon any street, sidewalk or other public place within the City, except in public receptacles and authorized private receptacles.
B. 
No person shall throw, deposit, maintain or accumulate litter or rubbish on any private property within the City unless said litter or rubbish is within an enclosed container.
[CC 1988 §63.010(A)(3); Ord. No. 1177 §1, 4-21-1997]
Persons placing litter or rubbish in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements or animals upon any street, sidewalk or other public place or upon private property.
[CC 1988 §63.010(D); Ord. No. 1177 §1, 4-21-1997]
Nothing in this Code or other ordinance relating to nuisances or denominated by 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 nuisance.
[Ord. No. 1218 §2, 9-2-1997]
If the nuisance is present on the property seven (7) days after receipt of the notice by the property owner, the City shall cause same to be abated. The cost of abatement may include a fee for the City's cost in administering this Article, which fee shall not exceed one hundred dollars ($100.00). The Director of Community Development shall certify the cost of such abatement to the Director of Finance who shall cause the certified cost to be included in a special tax bill or added to the annual real estate tax bill, at the collecting official's option, and shall be collected in the same manner and procedure as for collecting real estate taxes.
[CC 1988 §61.110; Ord. No. 892 §1, 7-6-1993]
A. 
If the person so notified does not abate the nuisance within the time period specified, the City Attorney, or other duly appointed or responsible official of the City, may proceed to abate such nuisance or have such nuisance abated, keeping an account of the expenses of said abatement and such expense shall be charged to and paid by said owner. Entry upon any premises or property made to abate any nuisance as described above shall be lawful and shall not constitute trespass.
B. 
Charges for such abatement shall be a lien upon the premises. Whenever a bill for such charges remains unpaid for sixty (60) days after it has been rendered, the City Clerk may file a statement of the lien claim with the Recorder of Deeds. Any such instrument shall include a legal description of the premises, the costs incurred, the date of abatement, and the notice that the City claims a lien for this amount. Notice of said lien shall be mailed to said owner. Failure of the City Clerk to record any such lien claim or to mail any such notice or the failure of the owner to receive such notice shall not affect the right to foreclose said lien for said charges as provided in the following Section.
C. 
Property subject to a lien for unpaid nuisance abatement charges shall be sold for non-payment of the same and proceeds of such sale shall be applied to pay said charges after deducting costs. Such foreclosures shall be in equity in the name of the City of Lake Saint Louis, Missouri. The City Attorney is hereby authorized and directed to institute such proceedings in any court having jurisdiction over the subject matter against any property for which such bill has remained unpaid for sixty (60) days after being rendered.
D. 
In the event the City initiates a civil action to cause the abatement or removal of any nuisance created by the accumulation of unsightly, dangerous or noxious personal property as set forth in this Article, the City shall be authorized to seek the award of costs and reasonable attorney fees upon the successful prosecution of such civil action from the court.
[CC 1988 §63.010(H); Ord. No. 1177 §1, 4-21-1997; Ord. No. 4640, 5-6-2024]
Procedure For Giving Notice To Abate. The Director of Community Development or Code Enforcement Officer, upon complaint of any nuisance, shall cause the same to be investigated by any of the officers named in this Article or may himself/herself investigate such complaint. If any nuisance is discovered which is imminently dangerous to the health, safety and welfare of the inhabitants of the City, the Director of Community Development may cause the same to be abated without notice and may use any suitable means or assistance for that purpose. In any other case, the Director of Community Development shall not proceed to abate any nuisance until the Chief Building Official shall have given notice to the property owner, his/her agent or the occupant or posted notice on the property of the conditions of the nuisance complained of and shall have held a hearing thereon not less than five (5) days following the delivery of the notice specifying the day, hour and place of hearing and shall, after such hearing, have declared the conditions to constitute a nuisance and shall abatement by the Chief Building Official shall fix a time for such abatement by the owner, his/her agent or occupant, and if not complied within such time, the Director of Community Development may proceed to abate the nuisance using any suitable means or assistance for the purpose.
[CC 1988 §63.010(J); Ord. No. 1177 §1, 4-21-1997; Ord. No. 1218 §3, 9-2-1997]
A. 
At hearings before the Chief Building Official relating to the abatement of nuisances, as provided for in this Article, the interested persons may appear in person, by attorney or may file an affidavit in their own behalf.
[Ord. No. 4640, 5-6-2024]
B. 
Any owner who wishes to challenge the order of abatement may do so provided that within the seven (7) day period he/she they 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 Building Appeals Board.
C. 
The request for a hearing must be in writing, but otherwise no particular formality is required. Notice to the property owner 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 Article. Once a request for a hearing is received, the hearing shall be conducted in accordance with the "contested case" provision of the State Administrative Procedure Act. The City Attorney shall represent the City at such hearing.
[CC 1988 §63.010(K); Ord. No. 1177 §1, 4-21-1997]
If any nuisance abated by the Director of Community Development 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 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 Article shall be levied and collected accordingly. In determining who is the owner of any particular lot, plot or parcel 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 1988 §63.010(L); Ord. No. 1177 §1, 4-21-1997]
Any person employed or connected with the work of abatement of a nuisance as provided for in this Article, 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 Article for the purpose of sanitary inspection or the discovery or abatement of any nuisance is hereby prohibited.
[CC 1988 §63.020]
It shall be unlawful for any person to conduct into any street or other public place, or upon any vacant lot from any kitchen, house or other structure or premises, any filth or unclean water or other liquid, or suffer such filth or unclean water or other liquid to escape into any public place or upon any vacant lot, whenever they shall be notified any building or other structure of whatever character is in a condition unsafe, dangerous, unhealthy, injurious or annoying to the public.
[CC 1988 §63.050; Ord. No. 1210 §1, 8-4-1997; Ord. No. 1379 §1, 12-7-1998]
A. 
Maintenance Of Buildings, Structures And Premises. It shall be the duty of all persons owning or controlling buildings or other premises or vacant lots in the City to maintain said premises in a clean and orderly manner. The abandonment, neglect or disregard of any such buildings, premises or lots, so as to permit the same to become unclean, with an accumulation of litter or waste, derelict vehicles, household appliances or other goods or articles thereon, or to permit the same to become unsightly, unsanitary or obnoxious or a blight to the vicinity or an offense to the senses of the owners or caretakers of adjoining or adjacent buildings, premises or lots or offense to the senses of the users of the public way abutting the buildings, premises or lots or to maintain or allow to stand upon such lot or premises any building or other structure of whatever character in a condition unsafe, dangerous, unhealthy or injurious and so to continue for a period longer than ten (10) days is declared to be a nuisance and unlawful.
B. 
Maintenance Of Building Materials And Goods. It shall be a nuisance and unlawful for any person to cause any building materials or goods to be stored outdoors on any property within the City in a manner in which the building materials or goods are accessible or visible to others, unless a valid permit has been issued by the City which allows such storage. For the purpose of this Section, "stored" or "storage" means the deposition of such materials or goods on the property with an intention of allowing them to be unenclosed in a structure for a period of twenty-four (24) hours or longer. "Building materials" shall mean any materials used or intended to be used in the construction of any building, sign or other structure, whether on the same premises or on some other premises, or any material salvaged from the demolition of any structure. "Goods" shall mean any goods, wares, merchandise, articles or other personal property designed for household or consumer consumption or capable of being the object of a sale regulated under Section 215.900 et seq., of the Lake Saint Louis City Code. "Unenclosed" means not contained within a completely walled building or fully enclosed garage.