Editor's Note — Ord. no. 1156 §§1 — 3, adopted October 18, 2010, repealed ch. 215 and enacted new provision set out herein. Former ch. 215 derived from CC 1996 §§210.010 — 210.050, 210.070 — 210.090; CC 1981 §§205.070, 210.010 — 210.030, 210.050, 210.070 — 210.090, 240.060; ord. no. 70 §§1 — 4, 7-20-53; ord. no. 186 §6, 2-15-60; ord. no. 250 §§2 — 4, 7 — 10, 7-19-65; ord. no. 293 §2, 6-17-68; ord. no. 298 §1, 3-17-69; ord. no. 663 §1, 9-16-85; ord. no. 726 §1, 10-17-88; ord. no. 817 §1, 9-16-91; ord. no. 873 §1, 6-21-93; ord. no. 975 §1, 5-18-98; ord. no. 1019 §§1 — 3, 3-19-01.
[Ord. No. 1156 §§1 — 3, 10-18-2010]
As used in this Chapter, the following term shall have this prescribed meaning:
NUISANCE
Every act or thing done or made, permitted or allowed or continued on a property, public or private, by any person or his or her agents or servants to the annoyance, detriment, damage or injury of the public or which is injurious to the public health, safety or welfare is a "public nuisance".
[Ord. No. 1156 §§1 — 3, 10-18-2010]
For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section:
FILTHY ASH HEAPS
Includes cinders, coal and everything that usually remains after fires that have been mixed with garbage or filth of any kind.
GARBAGE
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.
RUBBISH
Includes all loose and decayed material and dirt-like substances that attend use or decay or which accumulate from building, storing or cleaning.
TENEMENT HOUSE
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.
[Ord. No. 1156 §§1 — 3, 10-18-2010]
A. 
The following are declared to be public nuisances:
1. 
All decayed or unwholesome food offered for sale to the public.
2. 
All diseased animals running at large.
3. 
All ponds or pools of stagnant water.
4. 
Any accumulation upon any premises, lot or parcel of ground in the City of Breckenridge Hills, or the discharge thereof upon any public street, alley or private property, of urine, liquid waste from stables, swill, water from privy vaults, wastewater from sinks, wash water or any foul or nauseous liquid waste of any kind whatever.
5. 
Carcasses of dead animals not buried or destroyed within twenty-four (24) hours after death.
6. 
Accumulations of rubbish, garbage, refuse and human and industrial or noxious or offensive waste.
7. 
Any accumulation or existence upon any premises, lot or parcel of ground in the City of Breckenridge Hills of any putrid and unsound meat, pork, fish, hides, decayed vegetables or food, manure, garbage, offal, rubbish, dirt or filth of any kind which, by its decay or putrefaction, could or would become offensive to human beings or detrimental to health.
8. 
Garbage cans which are not fly-tight.
9. 
The pollution of any well, cistern, spring, underground water, stream, lake, canal or body of water by sewage or industrial wastes or other substances harmful to human beings.
10. 
Dense smoke, noxious fumes, gas and soot or cinders in unreasonable quantities or the presence of any gas, vapor, fume, smoke, dust or any other toxic substance on, in or emitted from the equipment of any premises in quantities sufficient to be toxic, harmful or injurious to the health of any employee or to any premises, occupant or to any other persons.
11. 
Common drinking cups, roller towels, combs, brushes or eating utensils in public or semi-public places not properly sanitized after use.
12. 
Any vehicle used for septic tank cleaning which does not meet the requirements of this Chapter.
13. 
Any vehicle used for garbage and rubbish disposal which does not meet the requirements of this Chapter.
14. 
All infestations of flies, fleas, roaches, lice, ticks, rats, mice, fly maggots, mosquito larvae and hookworm larvae.
15. 
The keeping of animals or fowls in close proximity to residences, schools, hospitals and public places, pet cats and dogs in reasonable numbers shall be an exception to the foregoing, provided however, in the event they are kept in an outside pen, said pen shall be located at least five (5) feet from the property line of any adjoining property owner.
16. 
Any stable, stall, shed or compartment or any yard or appurtenance thereof in which any horse, cattle, cows, swine or any other animal shall be kept or any place within the limits of the City of Breckenridge Hills, in which manure or liquid discharges of such animals shall collect or accumulate, and which stable, stall, shed or compartment, or any yard of appurtenance thereof, is not kept in a cleanly and wholesome condition, so that no offensive smell shall be allowed to escape therefrom; provided that nothing in this Section shall be so construed as to include manure deposits upon any private property for the purpose of cultivating the same.
17. 
Unlicensed dumps.
18. 
Commercial areas used for the storage of rubbish, junk, debris or other noxious materials offensive to the general public.
19. 
The maintenance, upon public or private property, of dead or dying trees or tree limbs or branches which, by reason of their location, size or state of deterioration, constitute a danger to the public health, safety or welfare or the maintenance upon public or private property of trees which are infected with Dutch Elm or other contagious disease or blight, dangerous to persons, animals, other trees or plant life.
20. 
Any loud and unusual noise created by the repair, testing or operation of motor vehicles or motorized equipment of any kind or created by any other means of sufficient volume to be clearly audible and to annoy persons in the surrounding area.
21. 
The overnight, outside storage or parking of trucks, trailers or other vehicles used for the collection or hauling of "garbage" or "refuse".
22. 
Graffiti on private property which is visible to the general public or exposed to public view.
23. 
Any unclean, stinking, foul, defective or filthy drain, ditch, tank or gutter, or any leaking, broken slop, garbage or manure boxes or receptacles of like character.
24. 
Any dirt gathered in cleaning yards, waste or mills or factories, or any rags, damaged merchandise, wet, broken or leaking barrels, casks or boxes, or any materials which are offensive or tend to decay to become putrid or to render the atmosphere impure or unwholesome.
25. 
The seepage of water in any cellar, basement or part thereof, of any house or building within the City of Breckenridge Hills by leakage from defective hydrants, water pipes, sewer pipes, cisterns or wells, gutters, drains, rain spouts or seepage from the surrounding earth.
26. 
The accumulation of filth or mud in any gutter as to prevent the free passage of water along and through them.
27. 
The maintenance of any lot, tract or parcel of land in the City of Breckenridge Hills by any person, firm or corporation in such a manner as to cause erosion or alteration of the natural topography and grade of land, or depletion of natural deposits of topsoil and other natural materials. If in the determination of the Chief of Police the only feasible method of soil erosion control is by revegetation, specifications for the work shall provide that the lot, tract or parcel shall be harrowed or raked to establish a seed bed and shall be seeded with grass, permanent pasture mixture, or other approved fast-growing vegetation and shall be repeated as often as necessary until the lot, tract or parcel is stabilized.
28. 
All other acts, practices, conduct, business, occupations, callings, trades, uses of property and all other things detrimental to the health of the inhabitants of the City of Breckenridge Hills.
[Ord. No. 1156 §§1 — 3, 10-18-2010]
Every person who owns, occupies or controls any building, residence, other premises or vacant lot must erect and maintain the same in such a manner that it will be safe and sanitary. The neglect, disregard, abandonment or other act or failure to act so as to permit any building, residence, premise or lot to become unsafe, unsanitary or injurious to the public health, safety and welfare is a public nuisance and the maintenance of a public nuisance is prohibited.
[1]
Cross Reference — As to dangerous buildings, ch. 505 of this Code.
[Ord. No. 1156 §§1 — 3, 10-18-2010]
A. 
Any owner, lessee or occupant or any agent, servant, representative or employee of any such owner, lessee or occupant having control of any lot or ground or any part of any lot or parcel of real estate located within the limits of the City of Breckenridge Hills who shall allow or maintain on such lot or parcel of real estate any growth of grass or weeds to a height of over eight (8) inches shall be deemed guilty of an ordinance violation and upon conviction thereof shall be fined as provided in Section 100.090 of this Code.
B. 
All grass and weeds allowed to grow and stand upon any lot or parcel of real estate within the City of Breckenridge Hills to a height of more than eight (8) inches are hereby declared a nuisance. The Chief of Police shall give a hearing after four (4) days' notice thereof, either personally or by United States mail, to the owner or owners or his/her or their agents or by posting such notice on the premises; thereupon, the Chief of Police may declare the grass or weeds to be a nuisance and order the same to be abated within five (5) days; the Chief of Police shall have the grass or weeds cut down and removed and shall certify the costs 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 Collector with other taxes assessed against the property; and the 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. Each special tax bill shall be issued by the City Clerk and delivered to the Collector on or before the first (1st) 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.
1. 
If grass or weeds are allowed to grow on the same property in violation of this Section or another ordinance more than once during the same growing season, the Chief of Police may order that the weeds be abated within five (5) business days after notice is sent to or posted on the property. In case the grass or weeds are not cut down and removed within the five (5) days, the Chief of Police may have the weeds cut down and removed and the cost of the same shall be billed in the manner described in Subsection (A) of this Section.
2. 
If grass or weeds are allowed to grow on the same property in violation of this Section or another ordinance more than once during the same growing season, the Chief of Police may, without further notification, have the grass or weeds cut down and removed and the cost of the same shall be billed in the manner described in Subsection (A) of this Section. The provisions of Subsection (B) and this Subsection do not apply to lands owned by a public utility and lands, rights-of-way and easements appurtenant or incidental to lands controlled by any railroad.
C. 
The Chief of Police shall make a report to the City Clerk giving the lot number and name of the owner, lessee or occupant of all lots where grass or weeds have been cut under the provisions of this Section by the City and showing the time, manpower and equipment used in cutting such grass or weeds.
D. 
In all cases when the Chief of Police shall abate or remove a grass or weed nuisance, the City Clerk shall charge the owner, lessee or occupant of the property or premises upon which such nuisance existed or was maintained a transaction expense of one hundred twenty-five dollars ($125.00) and an equipment charge of one hundred dollars ($100.00) per hour and a labor charge of twenty-five dollars ($25.00) per hour, per laborer, and a trash hauling/dumping fee shall be charged to each owner, per haul/dump, at market rate(s). This charge shall be a tax bill that shall become a first (1st) lien on the property and may be issued as such by the City Clerk with the St. Louis County Recorder of Deeds.
[Ord. No. 1212 §1, 5-19-2014]
E. 
In the event such owner, lessee or occupant shall fail to pay said bill within thirty (30) days, then upon conviction they shall be deemed guilty of an ordinance violation and shall forfeit their occupancy permit and ability to obtain same and pay to the City a sum equal to the amount of the aforesaid bill and the costs of any lien filing, together with a fine as set out in Section 100.090 and court costs to be recovered as other penalties before the City Court for each and every offense; and the case shall be tried and the above penalties inflicted as in other cases of violations of City ordinances.
[Ord. No. 1156 §§1 — 3, 10-18-2010]
It shall be the duty of the Chief of Police to serve all notices, to execute all orders directed to him or 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 Chief of Police and any officer, agent or employee appointed by him or her are authorized to enter, at reasonable hours, and examine all cellars, vaults, outhouses, yards and enclosures in tenements within the City of Breckenridge Hills 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.
[Ord. No. 1156 §§1 — 3, 10-18-2010]
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 of Breckenridge Hills, which in the opinion of the Chief of Police is dangerous to the health of the inhabitants thereof, the Chief of Police shall have the power and authority to cause the same to be destroyed in such manner as he or she may direct and he or she may employ such persons as he or she sees fit for that purpose.
[Ord. No. 1156 §§1 — 3, 10-18-2010]
Whenever it becomes necessary to immediately abate a nuisance, as defined by this Chapter, by common law or by the Statutes of the State in order to secure the general health of the City of Breckenridge Hills or any of its inhabitants, the Chief of Police is authorized to abate such nuisance without notice; and the Chief of Police may use any suitable means or assistance for that purpose, whether employees of the City or day laborers especially employed for that purpose or any other helper or assistance necessary therefore. The Chief of Police shall certify the cost of abating such nuisance to the City Clerk who shall prepare a special tax bill against the property on which such nuisance was located, which tax shall be collected like other taxes and shall be a first (1st) lien on the property until paid.
[Ord. No. 1156 §§1 — 3, 10-18-2010]
Except as required in Sections 215.050 and 215.090 above, in the case of a nuisance the abatement of which is not immediately necessary for the protection of the public health, safety or welfare, the Chief of Police may, at his/her discretion, hold a hearing prior to declaring such condition to be a nuisance and ordering the abatement of same. Five (5) days' notice of the time and place of such hearing shall be given to the owner or occupant of the premises upon which said alleged nuisance exists or to his/her agent or to the person causing or maintaining same. Such notice shall be served personally or by registered mail. In the event that the whereabouts of the owner or occupant of the premises upon which said alleged nuisance exists or his/her agent or the person causing or maintaining same is unknown, such notice shall be posted on the premises where such alleged nuisance exists for at least five (5) days before said hearing. All persons interested may appear at such hearing either in person or by attorney and present evidence concerning the alleged nuisance. If, upon such hearing, the Chief of Police finds that such a nuisance exists, he/she shall order the owner, occupant or agent of the premises or the person causing or maintaining same to abate the nuisance and if it be not abated within the time prescribed by the Chief of Police in his/her order, the Chief of Police shall abate same and the cost thereof shall be levied as a special tax in the manner designated in Section 215.120. The owner or occupant of the premises or his/her agent or the person causing or maintaining such nuisance shall abate the same upon receipt of an order of the Chief of Police in accordance with the terms prescribed in such order.
[Ord. No. 1156 §§1 — 3, 10-18-2010]
It shall be the duty of the owner or occupant of the premises, or his or her agent, or the person causing or maintaining any nuisance to abate the same after an order by the Chief of Police 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 215.090. In addition, any failure to comply with any order by the Chief of Police in reference to either abatement of the nuisance or closure of the premises shall subject such person to the general penalty prescribed in Section 100.090.
[Ord. No. 1156 §§1 — 3, 10-18-2010]
If the owner of such property fails to begin removing the nuisance within the time allowed or upon failure to pursue the removal of such nuisance without unnecessary delay, the Chief of Police shall cause the condition which constitutes the nuisance to be removed. If the Chief of Police causes such condition to be removed or abated, the cost of such removal shall be certified to the City Clerk 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, for the property and the certified cost shall be collected by the City Collector or other official collecting taxes in the same manner and procedure for collecting real estate taxes. If the certified cost is not paid, the tax bill shall be considered delinquent and the collection of the delinquent bill shall be governed by the laws governing delinquent and back taxes. The tax bill from the date of its issuance shall be deemed a personal debt against the owner and shall also be a lien on the property until paid.
[1]
State Law Reference — As to similar provisions, §67.398.3, RSMo.
[Ord. No. 1156 §§1 — 3, 10-18-2010]
If any public nuisance abated by the Chief of Police as hereinabove provided extends over the property of more than one (1) owner, the costs of abating same shall be assessed in proportion to the amount of work and expense for each proportionate part of the entire work and area and special taxes shall be levied and collected accordingly.
[Ord. No. 1156 §§1 — 3, 10-18-2010]
The owner of any premises or his/her agent in control thereof, as well as the tenant or occupant of such premises, is charged with the duty of observing all of the provisions of this Chapter. Any or all of such persons, together with any person causing or contributing to cause any nuisance, shall be charged with violation thereof and shall be equally liable.
[Ord. No. 1156 §§1 — 3, 10-18-2010]
A. 
Any lot or land shall be a public nuisance if it has 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 that are eight (8) inches or more in height, rubbish and trash, lumber not piled or stacked twelve (12) inches off the ground, rocks or bricks, tin, steel, derelict cars or trucks or parts thereof, broken furniture, any flammable material that may endanger public safety or any material which is unhealthy or unsafe and declared to be a public nuisance.
B. 
When a public nuisance as described above exists, the Chief of Police shall so declare and give written notice to the owner of the property by personal service, certified mail or, if otherwise unsuccessful, by publication. Such notice shall at a minimum:
1. 
Declare that a public nuisance exists;
2. 
Describe the condition(s) which constitute such nuisance;
3. 
Order the removal or abatement of such condition within five (5) days from the date of service of such notice;
4. 
Inform the owner that he/she may file a written request for a hearing before the Chief of Police on the question of whether a nuisance exists upon such property; and
5. 
State that if the owner fails to begin removing the nuisance within time allowed or upon failure to pursue the removal of such nuisance without unnecessary delay, the Chief of Police shall cause the condition which constitutes the nuisance to be removed or abated and that the cost of such removal or abatement may be included in a special tax bill or added to the annual real estate tax bill for the property and collected in the same manner and procedure for collecting real estate taxes.
C. 
If the owner of such property fails to begin removing the nuisance within the time allowed or upon failure to pursue the removal of such nuisance without unnecessary delay, the Chief of Police shall cause the condition which constitutes the nuisance to be removed. If the Chief of Police causes such condition to be removed or abated, the cost of such removal shall be certified to the City Clerk and/or Finance Officer 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, for the property and the certified cost shall be collected by the City Collector or other official collecting taxes in the same manner and procedure for collecting real estate taxes. If the certified cost is not paid, the tax bill shall be considered delinquent and the collection of the delinquent bill shall be governed by the laws governing delinquent and back taxes. The tax bill from the date of its issuance shall be deemed a personal debt against the owner and shall also be a lien on the property until paid.
[Ord. No. 1156 §§1 — 3, 10-18-2010]
A. 
Definitions. As used in this Section:
CONTROLLED SUBSTANCES
Drugs, substances or immediate precursors in Schedules I through V listed in Sections 195.005 to 195.425, RSMo.
INHABITABLE STRUCTURE
A ship, trailer, sleeping car, airplane or other vehicle or structure:
1. 
Where any person lives or carries on business or other calling; or
2. 
Where people assumable for purposes of business, government, education, religion, entertainment or public transportation, or
3. 
Which is used for overnight accommodation of persons. Any such vehicle or structure is "inhabitable" regardless of whether a person is actually present.
B. 
Any room, building, structure or inhabitable structure which is used for the illegal use, keeping or selling of controlled substances is a public nuisance. No person shall keep or maintain such a public nuisance.
C. 
In addition to any other municipal ordinance prosecutions, the City Prosecutor may by information charge the owner or the occupant, or both the owner and the occupant, of the room, building, structure or inhabitable structure with the violation of keeping or maintaining a public nuisance.
D. 
Notwithstanding the other Sections of this Chapter, if the Chief of Police or the Chief of Police's designee finds that the owner of the room, building, structure or inhabitable structure knew that the premises were being used for the illegal use, keeping or selling of controlled substances, the Chief of Police or the Chief of Police's designee may order that the premises shall not be occupied or used for such period as the Chief of Police or the Chief of Police's designee may determine, not to exceed one (1) year.
E. 
It is unlawful for any person to occupy or use or to permit the occupancy or use of any room, building, structure or inhabitable structure in violation of an order issued by the Chief of Police or the Chief of Police's designee pursuant to this Section.
[Ord. No. 1156 §§1 — 3, 10-18-2010]
A. 
As used in this Section, "place" means any building, dwelling unit, lot, plot or parcel of land, premises, room or structure.
B. 
Any place which is used for the commission of crimes, ordinance violations or acts done, permitted, allowed or continued to the damage or injury of any of the inhabitants of the City is a public nuisance.
C. 
The Chief of Police shall notify the owner and occupant of any place used for the commission of crimes, ordinance violations or acts done, permitted, allowed or continued to the damage or injury of any inhabitants of the City, that the place is in violation of this Section, including the reason why, and that if the place continues to be used in such a manner, a hearing shall be held to determine whether a public nuisance exists and, if so, to determine the appropriate abatement remedies, including that the place not be occupied or used for a period of up to one (1) year. Notice shall be by personal service or certified mail or by posting on the premises.
D. 
If the place continues to be used for the commission of crimes, ordinance violations or acts done, permitted, allowed or continued to the damage or injury of any inhabitants of the City, after such notice, any City Official shall file a petition with the Chief of Police which shall state what relief is sought or proposed and the reason for granting it.
E. 
The Chief of Police or his or her designee shall set the time and location for a hearing based on the petition and shall cause notice thereof and a copy of the petition to be served on the owner and occupant of the place at least ten (10) days prior to the hearing. Service shall be personal or by certified mail or by posting on the premises.
F. 
At the hearing the Chief of Police or his or her designee shall determine whether the place is a public nuisance, giving such weight to the following factors as he or she deems appropriate:
1. 
The physical characteristics of the neighborhood in which the place is located, with particular consideration given to the proximity of the place to residential property, parks, churches, schools and playgrounds;
2. 
Whether there is littering, as prohibited by law, by the owner, occupant or persons frequenting the place;
3. 
Whether there is drinking of alcoholic beverages in public, as prohibited by law, by the owner, occupant or persons frequenting the place;
4. 
Whether there is lewd and indecent conduct, as prohibited by law, including public urination or defecation, by the owner, occupant or persons frequenting the place;
5. 
Whether there is possession, sale or use of controlled substances, as prohibited by law, by the owner, occupant or persons frequenting the place;
6. 
Whether there is harassing or intimidating conduct, as prohibited by law, by the owner, occupant or persons frequenting the place toward persons living in the neighborhood or passing by the place;
7. 
Whether there is noise, prohibited by law, caused by the owner, occupant or persons frequenting the place;
8. 
Whether there is the commission of other crimes, ordinance violations or acts done, permitted, allowed or continued to the damage or injury of any inhabitants of the City by the owner, occupant or persons frequenting the place;
9. 
Whether there is street or sidewalk congestion caused by the owner, occupant or persons frequenting the place;
10. 
Any other activity deemed relevant by the Chief of Police or designee.
G. 
For purposes of this Section, a person shall be considered to frequent a place if he or she lives or works at, or visits the place, or if the person loiters about the place.
H. 
If the Chief of Police or his or her designee finds that the place is a public nuisance in violation of this Section, he or she shall order the owner or occupant to abate the nuisance and may further order any appropriate action to abate the same, including that the place shall not be occupied or used for a period not exceeding one (1) year.
I. 
The closure of any place pursuant to this Section shall not constitute an act of possession, ownership or control by the City of the closed place.
J. 
It is unlawful for any person to:
1. 
Fail to obey an order to abate a nuisance issued pursuant to this Section;
2. 
Interfere with any entry into or upon the place by any Police Officer, agent or employee of the City for the purpose of abating the nuisance, as ordered pursuant to this Section;
3. 
Occupy or use or permit any other person to occupy or use any place ordered closed pursuant to this Section;
4. 
Damage or remove any notice or order posted at the place pursuant to this Section;
5. 
Keep or maintain a place used for the commission of crimes, ordinance violations or acts done, permitted, allowed or continued to the damage or injury of any inhabitants of the City.
K. 
Nothing contained in this Section shall relieve the owner or occupant of any place from complying with the building, fire, property maintenance and zoning codes or any other ordinance that regulates the condition or use of the place.