[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:
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:
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.
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 §63.010(E); Ord. No. 1177 §1, 4-21-1997]
No owner, agent or occupant shall fail to abate a nuisance after
an order by the Police Chief or Code Enforcement Officer to do so.
[CC 1988 §63.010(F); Ord. No. 1177 §1, 4-21-1997]
Any work for abating nuisances upon the order of the Police
Chief or Code Enforcement Officer shall be let by contract by the
Director of Community Development.
[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(G); Ord. No. 1177 §1, 4-21-1997]
Nothing in this Article shall be construed as abandoning or
limiting the right of the City by civil action to recover the expense
incurred in abating any nuisance.
[CC 1988 §63.010(H); Ord. No. 1177 §1, 4-21-1997]
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 Police Chief 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 Police Chief 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(I); Ord. No. 1177 §1, 4-21-1997]
The Police Chief shall keep a record of proceedings in cases
of abatement of nuisances ordered by either of them.
[CC 1988 §63.010(J); Ord. No. 1177 §1, 4-21-1997; Ord. No. 1218 §3, 9-2-1997]
A.
At
hearings before the Police Chief 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.
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.
