[Ord. No. 632 §1, 3-16-1999]
For the purpose of this Article, a nuisance shall consist of
any activity which is of an ongoing and continuous nature and constitutes
a substantial interference to the health, safety, welfare or convenience
of the inhabitants of the City of St. John, or any part thereof.
[Ord. No. 730 §1, 4-15-2002; Ord.
No. 1031 §1, 3-17-2014]
No person shall permit any dead tree or any dead portion thereof
which endangers the public, buildings and other property and/or overhead
utility wires to remain on any property owned, leased or managed by
such person within the City. The doing of such act is hereby declared
to be a nuisance.
[Ord. No. 730 §2, 4-15-2002]
[Ord. No. 632 §2, 3-16-1999; Ord. No. 860 §1, 6-19-2006]
A.
The
Police Department shall notify the Public Works Director that there
has been an arrest or a summons issued for violations of City ordinance
or State Statute relating to the following activities:
3.
Maintaining a house, commercial establishment, apartment, garage, building or vehicle used to manufacture, distribute or possess controlled substances as prohibited in Section 210.390 of the Revised Code of the City of St. John.
5.
The use of firearms as prohibited in Section 210.160 of the Revised Code of the City of St. John.
6.
Gang activity or juvenile problems resulting from lack of parental
supervision.
7.
Constant and continual problems with people using or being under
the influence of intoxicants or drugs.
9.
Arrest for obstruction of City officials and/or resisting arrest.
10.
Repeated calls to a residence for criminal activities.
B.
The
Public Works Director shall notify the owner of the property through
the issuance of a "Warning Notice" of the violations. Said notice
shall advise the owner that if an additional violation, as enumerated
in this Section, occurs within three hundred sixty-five (365) days
from the date of said "Warning Notice", the Public Works Director
shall issue to the owner a "Final Notice to Abate". If a third (3rd)
violation occurs subsequent to the "Final Notice to Abate" and within
three hundred sixty-five (365) days of the original "Warning Notice",
the Public Works Director shall give notice of a hearing for the purpose
of determining whether a nuisance exists, and if so, then to determine
appropriate remedies for abatement and enforcement.
[Ord. No. 632 §3, 3-16-1999]
B.
The
Public Works Director, upon receipt of a petition signed by a majority
of the persons owning real property or a majority of the registered
voters occupying property, within a prescribed petition circle drawn
with a radius of three hundred feet (300) plus one half (½)
of the width of the property alleged to be a public nuisance from
the center of the front of said property projected to the street,
alleging that the activity permitted by the occupants and/or owners
of said property, as factually set out in said petition, is of an
ongoing and continuous nature and constitutes a substantial interference
to the health, welfare, safety and convenience of the subscribers
to the petition, shall hold a public hearing based on said petition.
C.
The
format for the petition shall be approved by the Public Works Director
and shall specifically state the type and nature of the activity which
is alleged to be of an ongoing and continuous nature and constituting
a substantial interference to the health, welfare, safety and convenience
to the petition's subscribers.
D.
The City Clerk or his/her designee is hereby designated to review the petition filed in each proceeding and to verify the signatures appearing thereon with the property owners whose names appear on the Assessor's records of St. Louis County, or the registered voters whose names appear on the St. Louis County Board of Election Commissioner's records, as the case may be, and whether such persons constitute a majority of property owners or registered voters in said petition circle. A report thereof shall be made to the Public Works Director prior to the setting of a hearing date on said petition. A hearing date shall not be set unless the signatures of a majority of the property owners or a majority of the registered voters in the petition circle are verified. Failure of a petition to contain sufficient signatures under the requirements of Subsection (B) herein, shall not prohibit the re-filing of a new petition regarding the same premise.
[Ord. No. 632 §4, 3-16-1999]
A.
The
Public Works Director shall set a reasonable time for the hearing
to determine whether a nuisance exists and, if so determined, then
to recommend appropriate remedies for abatement and enforcement. Not
later than ten (10) working days prior to said hearing, the Public
Works Director shall cause to be served a notice of said hearing and
a copy of the petition, when applicable, on the legal owner or owners
of said property, as determined by the records of ownership maintained
by the Office of the Assessor of St. Louis County, the occupants of
said premise, if they are different from the legal owner; and the
person or persons designated to receive said notice on behalf of the
petitioners. Service of said notice by Certified Mail shall be deemed
sufficient for the purposes of this Section.
B.
The
hearing shall be conducted at the time and place set forth in the
notice. The hearing officer shall be appointed by the City Manager
and shall be a resident of St. Louis County and shall have been licensed
to practice law in the State of Missouri for a period of at least
two (2) years. The hearing officer shall commence a hearing for the
purpose of determining whether a public nuisance exists under the
provisions of this Article. All interested parties, including owners,
lessees, mortgagors, tenants and neighbors and police officers may
attend the hearing and present testimony. The notice of the hearing
shall include the purpose of the hearing, the date and time of the
hearing and the location of the hearing. The hearing officer shall
take testimony under oath pertaining to all relevant matters. The
hearing may be continued, if necessary, for not more than thirty (30)
days, to conclude the investigation or for good cause shown.
C.
At
the conclusion of the hearing, the hearing officer shall make a finding
and a recommendation in writing that the activity occurring at the
subject property is not a public nuisance and no further action is
required; or that the activity occurring at the subject property does
constitute a public nuisance, in which case the hearing officer shall
recommend an appropriate means to abate the activity. If deemed appropriate
and necessary to abate the nuisance activity, the hearing officer
may recommend that the occupancy of the property be prohibited to
the extent necessary to abate the nuisance but for a time period of
not less than thirty (30) days nor more than one (1) year. The recommendation
of the hearing officer shall be immediately presented to the City
Manager who shall issue an appropriate order. A copy of said Order
shall be published in a newspaper of general circulation and sent
by Certified Mail to the owner of the involved property; the occupant(s)
of the involved property, if different from the owner, and the designated
representative of the petitioners. Any person adversely affected by
said Order shall have a right of Judicial Review as provided by Section
536.100 RSMo., as supplemented.
[Ord. No. 632 §5, 3-16-1999]
A.
In
determining whether the operation of a property is detrimental to
the neighborhood in which the property is located and therefore constitutes
a public nuisance, the hearing officer shall consider the following
factors, giving such weight thereto as he deems appropriate.
1.
The physical characteristics of the neighborhood in which the alleged
nuisance property is located with particular consideration being given
to the proximity of the property to residential property, parks, churches,
schools and playgrounds;
2.
Littering, as prohibited in Section 210.270 of the Revised Code of the City of St. John, committed by owner, occupant or persons frequenting the alleged nuisance property;
3.
Drinking of alcoholic beverages in public as prohibited in Section 600.230 of the Revised Code of the City of St. John by the owner, occupant or persons frequenting the alleged nuisance property;
4.
Lewd and indecent conduct as prohibited in Section 210.380 or 600.270 of the Revised Code of the City of St. John, including but not limited to, public urination exhibited by the owner, occupant or persons frequenting the alleged nuisance property, whether such behavior occurs on the property or in the immediate vicinity thereof.
5.
Commission of crimes as prohibited by Federal or State Statute upon
or in the immediate vicinity of a premise by the owner, occupant or
persons frequenting the alleged nuisance property;
6.
Sale or use of illegal drugs, as prohibited by Federal or State Statute
or City ordinance, upon or in the immediate vicinity of the alleged
nuisance property by the owner, occupant or persons frequenting the
property;
7.
Harassing or intimidating behavior, as prohibited by Section 210.340 of the Revised Code of the City of St. John, exhibited by the owner, occupant or persons frequenting or congregating about the alleged nuisance property toward persons living in the neighborhood in which the property is located or toward persons passing by the property;
8.
Noise, as prohibited in Section 210.135 of the Revised Code of the City of St. John, associated with or caused by the owner, occupant or persons frequenting the alleged nuisance property;
9.
Street or sidewalk congestion associated with or caused by the owner,
occupant or persons frequenting the alleged nuisance property;
10.
Any violation of the occupancy ordinances of the City of St. John,
associated with or caused by the owner, occupant or persons frequenting
the alleged nuisance property; or
11.
Any other activity deemed relevant by the hearing officer, to the
determination of whether said activity is detrimental to the neighborhood
in which the alleged nuisance property is located.
[Ord. No. 632 §6, 3-16-1999]
At any hearing convened under Section 215.110 of this Article, proof that the required notices were properly sent to the owner or occupant of the property under the provisions of Section 215.180 herein, shall be prima facie evidence of knowledge on the part of the owner or occupant of the property of the alleged nuisance activity. For purposes of this Article, a person shall be considered to frequent a property if he/she lives or works at or visits the property or if he/she loiters about the immediate vicinity of the property but would not do so except for the existence of the property.
[Ord. No. 632 §7, 3-16-1999]
Any person employed or contracted with for the abatement of
a nuisance as ordered under the provisions of this Article, and any
agent or employee of such person, shall have the right of entry for
that purpose into and upon any property.
[Ord. No. 632 §8, 3-16-1999]
It shall be the duty of the Police Department to assist the
Public Works Director and his employees, in the discharge of their
duties, as may be required under this Article whenever called upon
to do so.
[Ord. No. 632 §9, 3-16-1999]
A.
It
shall be a violation of this Article for the owner, his agent, or
the occupant of any residential or commercial property to fail to
obey an order to abate a nuisance under the provisions of this Article.
B.
It shall be a violation of this Article to interfere with any entry permitted under Section 215.140 herein or any entry by any Police Officer, any officer or agent or employee of the City of St. John for the purpose of abatement of any nuisance, as ordered under the provisions of this Article.
C.
It
shall be a violation of this Article for any person to use or occupy
or to permit any other person to use or occupy any property ordered
vacated or closed pursuant to this Article.
D.
It
shall be a violation of this Article for any person to mutilate or
remove any order posted under the provisions of this Article.
[Ord. No. 632 §10, 3-16-1999]
Nothing in this Article shall be interpreted to supersede or
limit in any manner the authority of the Public Works Director or
the Building Inspector to condemn property under the authority of
any provision of the Revised Code of the City of St. John.
[Ord. No. 632 §11, 3-16-1999]
All notices required under this Article shall be sent by Certified
Mail to the owner of the property, the occupants of the property,
the mortgagor, if shown on the recorder of deeds records, and posted
on the subject property in a conspicuous place. The posting of the
property shall be done by the Building Inspector.
[Ord. No. 632 §12, 3-16-1999]
Closure of any property pursuant to this Article shall not constitute
an act of possession, ownership or control by the City of St. John
of the closed property.
[Ord. No. 632 §13, 3-16-1999]
Nothing contained in this Article shall relieve the owner of
any property from complying with all other ordinances that relate
to property, fire or health codes or any other ordinance that regulates
the condition or use of property.
[Ord. No. 632 §14, 3-16-1999]
A.
Every
violation of this Article shall be punishable by a fine of not less
than three hundred dollars ($300.00) nor more than one thousand dollars
($1,000.00) and/or ninety (90) days in jail.
[Ord. No. 1014 §1, 7-15-2013]
B.
In
lieu of a fine, the judge may require the defendant to perform not
less than fifty (50) hours of community service.
