It shall be unlawful for any owner, lessee or occupant or any agent, servant, representative or employee of any such owner, lessee or occupant having control of any occupied lot or land or any part thereof in the City of Brentwood or within one-half (½) mile of the corporate limits of the City of Brentwood, Missouri, to cause, permit or maintain a nuisance on any such lot or land. Additionally, it is unlawful for any person or his/her agent, servant, representative or employee to cause or maintain a nuisance on the land or property of another with or without permission. Each day that a nuisance shall be maintained is a separate offense.
The following conditions, acts and business operations are hereby declared to be nuisances affecting public health:
Stagnant water and water collected and allowed to stand for more than thirty-six (36) hours and the presence of containers, old tires, debris or other conditions which lend themselves to the collection and retention of pools or puddles of water which may become stagnant. This Subsection shall not include swimming pools, decorative or patio ponds or fountains or other containers where the water is continuously filtered, cleaned or cycled.
Accumulations, wheresoever they may occur, of manure, rubbish, garbage, refuse and human and industrial, noxious or offensive waste.
Except as provided in this Code, any storage or accumulation on any premises or any open lot of any lumber, bricks, stones, gravel, concrete, dirt, sand or similar materials, unless the same shall be stored in permanently constructed structure which is fully enclosed.
The presence of debris of any kind including, but not limited to, weed cuttings, cut and fallen trees, limbs and shrubs, rubbish and trash, rocks or bricks, tin, steel, parts of derelict cars or trucks, broken furniture, any flammable material which may endanger public safety, or any material which is unhealthy or unsafe.
Any accumulation, deposit or outside storage of any vehicular or equipment parts, inoperable appliances and other equipment, junk or material of any nature where said accumulation, deposit or outside storage may constitute an attractive nuisance, danger to children, provide a breeding or nesting area for vermin, rodents and other animals, or collect stagnant water.
Any and all infestation of flies, fleas, roaches, lice, ticks, rats, mice, fly maggots, mosquito larvae and hookworm larvae.
The keeping of animals and fowls in any area within the City where the keeping of such animals is not permitted or in any unclean or filthy pen, shed or other enclosure.
All diseased animals running at large.
Carcasses of dead animals not buried or destroyed within twenty-four (24) hours after death.
Grass, brush and weeds more than seven (7) inches in height.
[Ord. No. 4839, 6-18-2018]
Dead or dying trees, limbs and shrubs.
The shining of artificial light onto public or private property as to be an annoyance, hurt, injury or inconvenience to other persons.
Any noise which exceeds the limitations or which is otherwise in violation of the provisions of this Code.
The presence on any property of any steel-jawed animal traps or similar devices, unless authorized by the Police Department.
Buildings in such a state of disrepair as to affect the health, safety and welfare of the citizens of Brentwood or which are maintained in violation of the zoning or building codes of the City.
Any accumulation or storage of firewood in the front yard of any lot, other than in a commercially manufactured decorative firewood rack on the front porch, or in the rear yard of any lot unless evenly piled or stacked either on open racks elevated not less than six (6) inches above the ground or on a durably paved surface.
The maintenance, storage or use of any furniture outside a fully enclosed structure, unless the furniture is designed and built for exterior use and to resist damage and deterioration by the elements.
Water or other liquid diverted from a sump pump or other facility, structure or device which flows onto streets and sidewalks.
Any land disturbance activity or area where vegetation has been cleared or has not been maintained or other condition which results in the run-off of mud, dirt, rocks or any other material onto sidewalks, streets, or other rights-of-way or into creeks, streams, drainage ditch or any storm water system or facility.
The discharge onto any street, sidewalk or right-of-way or into any creek, stream, drainage ditch or storm water system of any waste materials, liquids, vapor, fat, gasoline, benzene, naphtha, oil or petroleum product, mud, straw, lawn clippings, tree limbs or branches, metal or plastic objects, rags, garbage or any other substance which is capable of causing an obstruction to the flow of water drainage or the storm system or interfere with the proper operation of the system or which will pollute the natural creeks or waterways or cause a hazard to the public.
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.
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 the premises, occupant or to any other person.
Any vehicle used for garbage or rubbish disposal which is not equipped with a water-tight metal body and provided with a tight metal cover or covers and so constructed as to prevent any of the contents from leaking, spilling, falling or blowing out of such vehicle at any time, except while being loaded, or not completely secured and covered so as to prevent offensive odors from escaping therefrom or exposing any part of the contents at any time.
Foul odors in quantities sufficient to be detected on adjoining property.
Any partly dismantled, wrecked, dilapidated, abandoned or non-operative automobile or other motor vehicle or parts thereof which are found upon any private property, and which are not housed in a garage, basement or other enclosed building. Any motor vehicle, automobile or other elements thereof found disassembled upon private property shall be considered to be dismantled, abandoned, wrecked or dilapidated for the purpose of this Chapter when such automobile or other vehicle is found lacking essential component parts which prevent it from being immediately operative under its own power or which has a deflated tire or tires, or which vehicle or automobile is not properly licensed and registered with a current license plate displayed on the vehicle and with a proper current vehicle registration in possession of the person in charge of the property upon which the vehicle or automobile is located.
The presence of any graffiti displayed on exterior surfaces of property. "Graffiti" is hereby defined as any word, phrase, motto, name, design, symbol or picture written, scribbled, painted, drawn, etched or scratched directly onto any portion of public property or onto an exterior surface on private property.
Any obstruction or encumbrance of any street, curb, alley, cul-de-sac, sidewalk or right-of-way within the City by placing or causing to be placed barricades, objects or other obstructions, including, but not limited to, signs, boxes, stones, junk, portable basketball hoops, etc., on such streets, curbs, alleys, cul-de-sacs, sidewalks or right-of-way unless such placement is permitted by the City or permitted under the provisions of this Code.
Any business operation or establishment, although licensed or permitted, which is operating in violation of any law, ordinance, or permit or plan condition or which is causing or maintaining any condition which is detrimental to the health, safety and welfare of the inhabitants of the area.
All other acts, practices, conduct, business, occupation callings, trades, uses of property and all other things detrimental or certain to be detrimental to the health of the inhabitants of the City of Brentwood.
For the purpose of examining the sanitary condition thereof and for the discovery and abatement of public nuisances therein, any code enforcement officer, police officer or other official, agent or employee of the City are hereby authorized to:
Inspect property from any adjoining public property or from adjoining private property if the owner of the neighboring private property has given consent to such entry; and
Enter and inspect all property, buildings and parts of buildings and other premises pursuant to lawful authority which shall include consent of the owner of the property, valid administrative search warrant or in areas where the owner of which has no expectation of privacy.
Before any action is taken with respect to any nuisance, the Director of Planning and Development or his/her designee shall give written notice to the person or persons causing or maintaining such nuisance and shall order such person or persons to abate the same within a reasonable time to be specified in such notice. If the City contemplates abatement of the nuisance, then the notice shall also set forth the date, time and place for hearing and shall order such person to appear before the Director of Planning and Development or his or her designee, at such time and place as the Director of Planning and Development may direct to show cause, if any, why the nuisance should not be abated.
Such notice may be served by the code enforcement officer or any police officer of the City. A copy of such notice shall be kept by the officer serving the same who shall make his or her written return thereon stating how, when, on whom and where he or she served the same and subscribe his or her name thereto. Such notice may be served by delivering the same to the person or persons to be notified or a copy thereof left at the usual place of abode of such person with a member of the family over the age of fifteen (15) years, unless otherwise provided in this Chapter.
Provided that if the nuisance is being maintained upon property to which record title is held by a person or corporation not a resident of this City, a notice prescribed in this Section may be served by posting a copy thereof in plain view upon such property at least ten (10) days before any further action be taken by the City with regard to said nuisance and mailing a copy to the person maintaining the nuisance at the address as reflected in the County tax or real estate records.
Every person, occupant, tenant, owner or every officer or agent or employee of any corporation or other entity who shall cause or maintain any nuisance and who shall fail or refuse to abate or remove the same within the reasonable time required and specified in the notice of the code enforcement officer shall be deemed guilty of an offense and upon conviction thereof shall be punished as provided in this Code. Each and every day such nuisance is maintained after such notice shall constitute a separate and distinct offense punishable in such manner.
Any code enforcement officer or police officer of this City is hereby authorized to issue a citation requiring an appearance before the Municipal Judge at the date and time as specified in the citation. The citation shall, in sufficient detail, describe the nuisance and state the name of the person to appear. The form of the citation shall be approved by the Municipal Judge. In lieu of a citation, any code enforcement officer or police officer of this City is hereby authorized to file a complaint with the Municipal Prosecutor detailing the circumstances of the nuisance and the person responsible therefor; such complaint shall serve as a basis to file and issue an appropriate Information and Summons to the person maintaining a nuisance in order to charge and proceed in all respects in the Municipal Court as in other cases involving violations of City ordinance.
Nothing in this Chapter or other ordinances relating to public nuisances, including the failure to set forth a particular condition as constituting a nuisance, or denominated by a particular ordinance as offenses or prescribing penalties therefore 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 public nuisance.
In cases where it reasonably appears that there is an immediate danger to the health, safety or welfare of the public due to the existence of a nuisance, the City shall have authority to immediately abate the nuisance in an appropriate manner.
In addition to other remedies and enforcement procedures set forth in this Code, the City may proceed to abate the nuisance in accordance with the provisions of this Section.
Nuisances caused by high grass, weeds, brush and vegetation may be abated in accordance with the separate procedure for such nuisance as set forth in this Chapter or in accordance with the provisions of this Section.
Nuisances caused by an accumulation of trash, litter and debris may be abated in accordance with the specific procedure for such nuisance as set forth in this Chapter or in accordance with the provisions of this Section.
For all other nuisances, the City shall proceed as follows:
The Director of Planning and Development or his/her designee shall have issued a notice of the violation in accordance with the provisions of this Chapter and shall have included notice of hearing. Every person required to appear shall have at least ten (10) days' notice thereof.
The hearing shall be conducted by the Director of Planning and Development or his or her designee. If after hearing all the evidence, it is determined that a nuisance exists, the Director of Planning and Development or his/her designee shall order the person to abate the nuisance within twenty (20) days or within such other time as the Director may deem reasonable. Such order shall be served in the manner provided in this Section for service of the notice of violation. The order may further provide that the appropriate City Official be directed to abate the nuisance if the order is not obeyed within the time period established, and that a special tax bill be issued for the costs of abating the nuisance.
The decision of the Director of Planning and Development or his/her designee may be appealed by filing an appeal, on such forms as prescribed by the City, with the Mayor within seven (7) days from the Director's decision. The appeal form shall set forth, at a minimum, the detailed grounds for such appeal and such further information as requested on the appeal form. The Mayor shall review the decision of the Director of Planning and Development or his/her designee either, within the Mayor's sole discretion, upon the record previously made or upon a new hearing and shall issue a written decision to all parties; such decision may be subject to judicial review in the Circuit Court of St. Louis County by filing an appropriate Petition for Judicial Review within fifteen (15) days of the Mayor's decision.
If the nuisance has not been abated within the established time period, the appropriate City Official shall proceed to abate the nuisance in the manner provided by the order of the Director or the Mayor, and the cost of same shall be assessed as a special tax against the property so improved or upon which such work was done and shall be a lien against said property. The City Clerk, or his or her designee, shall cause a special tax bill to be issued therefor against the owner thereof when known, and if not known then against the unknown persons, and the certified bills of such assessment shall describe therein the property upon which the work was done.
The costs and expenses incurred by the City shall include the actual costs billed by third parties performing the abatement and paid by the City; costs billed by the City Attorney related to the abatement and paid by the City; costs of mailing or publication of notices; and costs related to time spent by City personnel in performing tasks related to the abatement and in preparation of the tax bill, lien, or other paperwork (these costs shall be based on the time spent in quarter of an hour increments multiplied by the hourly rate of pay for the employee).
All City departments shall determine and document the costs and expenses related to abatement of a nuisance which shall be provided to the City Clerk, or his or her designee, for proper billing of such costs and expenses and for general oversight purposes.
If the bill is not paid within the time period established for payment, Notice of a Special Tax Lien shall be recorded with the Recorder of Deeds office.
The cost of abating nuisances on private property shall be levied and assessed on each lot in proportion to the amount of work done and material used in abating the nuisance located on each such lot.
In addition to the other methods of abatement and enforcement as provided in this Code, a business license or other permit may be suspended or revoked in the event that a business operation or establishment is found to be maintaining a nuisance.
The Director of Planning and Development or his/her designee shall issue a Notice of Violation to the operation or establishment that has caused or is maintaining the nuisance that such nuisance exists and order the property owner and owner or operator of the business (if different than the property owner) to appear before the City Clerk, or his or her designee, at such time and place as determined by the City Clerk to show cause, if any, why the business license or other permit should not be suspended or revoked. Every person required to appear shall have at least ten (10) days' notice thereof.
Such notice shall be signed by the Director of Planning and Development or his/her designee or Chief of Police and shall be served upon that person by delivering a copy thereof to the person, or by leaving a copy at his/her residence with some member of the family or household over fifteen (15) years of age, or upon any corporation by delivering the copy thereof to the registered agent or to any other officer at any business office of the corporation within the City. If the notice cannot be given for the reason that the person named in the notice or his/her agent cannot be found in the City, of which fact the return upon such notice of the officer serving the same shall be conclusive evidence, such notice shall be mailed to such person and posted at the property which is the site of the nuisance or mailed to such person and published in a newspaper within the City once at least seven (7) days before time fixed for the parties to appear. The cost of the mailing and publication shall be assessed against the property owner and/or business owner.
If after hearing all the evidence, it is determined that a nuisance exists, the City Clerk, or his or her designee, shall order the property owner and the owner or operator of the business to abate the nuisance within twenty (20) days or within such other time as may be reasonable. Such order shall be served in the manner provided in this Section for service of the Notice of Violation. The order may further provide that if the nuisance is not abated within the time prescribed, then the business license or other permit shall be suspended for a certain period of time or revoked without further proceedings.
The decision of the City Clerk may be appealed by filing an appeal, on such forms as prescribed by the City, with the Board of Aldermen within seven (7) days from the City Clerk's decision. The appeal form shall set forth, at a minimum, the detailed grounds for such appeal and such further information as requested on the appeal form. The Board, as a whole, may review the matter or assign the matter to one (1) of its members as a hearing officer. The Board or hearing officer shall review the decision of the City Clerk either, within its sole discretion, upon the record previously made or upon a new hearing and shall issue a written decision to all parties; such decision may be subject to judicial review in the Circuit Court of St. Louis County by filing an appropriate Petition for Judicial Review within fifteen (15) days of the decision.
If the nuisance is not abated or other provisions of the order are not obeyed within the established time period, the business license or other permit shall, in the discretion of the City Clerk, be suspended for a certain period of time or revoked without further proceedings.
Upon suspension or revocation of a business license, the owner and/or operator of the business shall immediately cease operation of the business at the location set forth in the order.
In addition to the other remedies provided in this Code, if a person has violated or continues to violate the provisions of this Chapter, the City may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation. In addition, the City may utilize any other remedy, at law or in equity, in order to enforce the provisions of this Chapter. The City shall recover all attorneys' fees, court costs, and other expenses associated with enforcement of this Section.