[Ord. No. 827 §2, 12-13-1999]
Every continuing act or physical condition made, permitted,
allowed or continued on any property, public or private, or within
any building or structure by any person or legal entity, their agents
or servants or any person or legal entity who aids therein, which
is significantly detrimental to the safety of the inhabitants of the
City or a substantial parts thereof, or any act or condition specifically
set forth in this Chapter or any act or condition so designated by
Statute or ordinance shall be deemed a public safety nuisance and
is hereby prohibited.
[Ord. No. 827 §3, 12-13-1999]
A.
The
following are declared to be nuisances affecting health:
1.
All decayed or unwholesome food offered for sale to the public or
offered to the public at no charge.
2.
All diseased animals running at large.
3.
All ponds or pools of stagnant water.
4.
Carcasses of dead animals not buried or destroyed within twenty-four
(24) hours after death.
5.
Accumulations, wheresoever they may occur, of manure, rubbish, garbage,
refuse and human and industrial, noxious or offensive waste, except
the normal storage on a farm of manure for agricultural purposes.
6.
Garbage cans which are not fly-tight, that is, garbage cans which
do not prevent the entry of flies, insects and rodents.
7.
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.
8.
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 person.
9.
Common drinking cups, roller towels, combs, brushes or eating utensils
in public or semi-public places where not properly sanitized after
use.
10.
Any vehicle used for septic tank cleaning which does not meet the
requirements of this Chapter of the Code of Ordinances of the City
of Pine Lawn.
11.
Any vehicle used for garbage or rubbish disposal which is not equipped
with a watertight 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.
12.
Any and all infestations of flies, fleas, roaches, lice, ticks, rats,
mice, fly maggots, mosquito larvae and hookworm larvae.
13.
The keeping of animals and fowls in any area within the City not
zoned for agricultural uses except pet cats and dogs, animals in public
or licensed zoos, and farm animals in laboratories.
14.
Unlicensed dumps and licensed dumps not operated or maintained in
compliance with the ordinances of the City of Pine Lawn and the Statutes
of the State of Missouri.
15.
No person shall discharge or cause to be discharged into a stormwater
system 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 the storm system or interfere with the proper operation of
the system or which will pollute the natural creeks or waterways.
16.
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
Pine Lawn.
B.
In addition to any act or condition which may constitute a public nuisance under Section 220.010 or Subsection (A) hereof, the following acts and conditions are deemed to be public nuisances:
1.
Any room, building, structure or portion thereof which is used for
the use, possession or sale of any controlled substances which is
prohibited by Federal or State Statute or City ordinance;
2.
The conducting or engaging in business at premises within the City
of Pine Lawn for the substantial or principal purpose of vending or
trading in sexually obscene materials at wholesale or retail or the
giving of sexually obscene live exhibitions or performance as defined
in and prohibited by the laws of the State of Missouri or the City
of Pine Lawn;
3.
Any building, house, room or other structure maintained or used for
the purposes of lewdness, assignation or prostitution;
4.
All vacant, unused or unoccupied buildings or structures within the
City which are allowed to become or remain open to entrance by unauthorized
persons or the general public because of broken, missing or open windows,
doors other openings so that the same may be used by any individual
in a manner detrimental to the safety and welfare of the inhabitants
of the City.
[Ord. No. 827 §4, 12-13-1999]
A.
The existence of an alleged public safety nuisance as defined in Sections 220.010 and 220.020 of this Article may be reported to the Public Safety Nuisance Director ("Director") appointed by the Board of Aldermen by any resident or group of residents affected by such alleged public safety nuisance or by any Police Officer or Alderman.
B.
Whenever
the Director or his/her designee receives a report of an alleged public
safety nuisance, as defined in this Article, from any Police Officer
or Alderman or from three (3) or more unrelated residents of the City
of Pine Lawn, the Director or his/her designee shall determine whether
such public safety nuisance exists.
C.
It
shall be a violation of this Article for any person to report the
existence of an alleged public safety nuisance solely for the purpose
of harassing or intimidating the owner and/or residences of such property.
[Ord. No. 827 §5, 12-13-1999]
A.
Whenever
the Director determines that a public nuisance, as defined herein,
exists on real property situated in the City and that the public safety
is in immediate danger, then summary abatement procedures, as determined
by the Director, shall be implemented to remove or abate the nuisance.
Summary abatement costs shall be certified to the City Clerk who shall
prepare an assessment against the property owner to be collected.
B.
When
summary abatement of a public safety nuisance is authorized, notice
to the owner, agent or occupant of the property is not required prior
to its abatement. Following summary abatement, the Director shall
cause to be posted on the property, if possible, a notice describing
the action taken to abate the nuisance on such property. A similar
notice shall be mailed to the owner of the property as determined
from the record of ownership maintained in the office of the Assessor.
[Ord. No. 827 §6, 12-13-1999]
Whenever the Director determines that a public nuisance, as
defined herein, exists on real property situated in the City and further
determines that such public safety nuisance does not pose an immediate
danger to public safety, the Director shall notify the property owner(s)
and occupant(s) by mail of the existence of the nuisance and direct
that the nuisance be abated in the manner deemed appropriate by the
Director within a reasonable period of time to be specified in the
notice. Such a notice shall be served by personal service or by registered
or certified mail. When an attempt has been made, but service has
not been effectuated by personal service or by registered or certified
mail, service shall be by posting on the subject property in a conspicuous
location. The Director shall promptly notify the Mayor and the Alderman
of the ward in which the property, which is the subject of the complaint,
is located.
[Ord. No. 827 §7, 12-13-1999]
A.
If
the public safety has not been abated within the time allowed by the
Director or any extension of time granted by the Director for such
abatement, the Director may request that a hearing be held before
the Board of Aldermen or a hearing officer designated by such Board
in order to obtain an order of abatement.
B.
The
Director shall send written notice to the owner(s) and occupant(s)
of the subject property of the nuisance abatement hearing. Said written
notice shall set forth the date, time and place of the hearing and
advise the owner and occupant that they have the right to appear and
be heard on the following issues:
C.
The
Director shall cause the written notice to be served by personal service
or by registered or certified mail to the owner and occupant of the
subject property at least ten (10) days prior to the hearing date.
Failure of any person to receive such notice shall not affect the
validity of any action taken by the Board of Aldermen.
D.
At
the time and place set forth in the notice of hearing, the Board of
Aldermen or the designated hearing officer shall conduct a hearing
on the alleged public safety nuisance, the hearing officer shall receive
testimony and other evidence from the Director or his/her representative,
the owner and/or occupant of the subject property and all other interested
persons relative to the alleged existence of the public safety nuisance
and the method of abatement proposed by the Director.
E.
At
the conclusion of the public hearing, the hearing officer shall issue
an order of abatement if such hearing officer finds, based upon all
of the evidence presented at the hearing, a public safety nuisance
does exist on the property. The order of abatement shall set forth:
1.
A description of the nuisance.
2.
The manner and time in which the nuisance is to be abated.
3.
A statement that if the nuisance is not abated in the manner and
within the time limit set forth in the order, the City will cause
the nuisance to be abated and make the cost of the nuisance abatement
a special assessment against the property to be collected at the same
time and in the same manner as real property taxes and that such assessment
shall be subject to the same penalties and the same procedure and
sale in case of delinquency as provided for real property taxes.
F.
The
decision of the hearing officer on the existence and abatement of
a nuisance shall be final and conclusive. The decision of the hearing
officer may be appealed to the Circuit Court by any interested party
under the provisions of Chapter 536, RSMo.
G.
In
determining whether the activity or condition of a property is a public
safety nuisance, the hearing officer may consider the following factors,
giving such weight thereto as deemed appropriate:
1.
The physical characteristics of the neighborhood in which the alleged
nuisance properly is located with particular consideration being given
to the proximity of the property to residential property, park, churches,
schools and playgrounds;
2.
Littering committed by owner, occupant or persons frequenting the
alleged nuisance property;
3.
Drinking of alcoholic beverages in public by the owner, occupant
or persons frequenting the alleged nuisance property;
4.
Lewd and indecent conduct, including, but not limited to, public
urination, exhibited by the owner, occupant or person 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 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 by the Municipal Code, 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 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.
H.
Should
the evidence support a finding that the building, structure or condition
constitutes a public safety nuisance, the hearing officer shall issue
an order making specific findings of facts which shows the building,
structure or condition to be a public safety nuisance, identifying
the party or parties responsible for abating such nuisance and ordering
the manner in which the nuisance is to be abated.
[Ord. No. 827 §8, 12-13-1999]
The owner of the premises, location or structure at the time
an order of the hearing officer is issued shall be responsible for
complying with that order and liable for any costs incurred by the
City therewith, notwithstanding the fact that he/she conveys his/her
interests in the property to any other person or persons after such
order was issued and served.
[Ord. No. 827 §9, 12-13-1999]
Failure to comply with an order to abate a public safety nuisance under this Chapter shall be a violation of this Chapter and any person who fails to comply with such an order shall be subject to punishment as provided in Section 100.220 of this Code.
[Ord. No. 827 §10, 12-13-1999]
The Director or his/her designee shall have the authority to
enter upon the property and abate the public safety nuisance found
thereon if the hearing officer finds that a public safety nuisance
exists in violation of this Chapter and the responsible party fails
to comply with the order of the hearing officer to abate a nuisance
within a reasonable time. In abating such nuisance, the City may go
to whatever extent may be necessary to complete the abatement of the
public safety nuisance.
[Ord. No. 827 §11, 12-13-1999]
In abating a public safety nuisance, the Director or his/her
designee may call upon any of the City departments or divisions for
whatever assistance shall be deemed necessary or may by private contract
cause the abatement of the public safety nuisance.
[Ord. No. 827 §12, 12-13-1999]
The Director shall, after completing the removal and abatement
of a public safety nuisance, file a statement of costs with the City
Clerk. The City Clerk shall certify costs and issue a special assessment
to be collected.
[Ord. No. 827 §13, 12-13-1999]
The City may seek to recover the cost of any demolition or repair
required to abate a public nuisance prior to the occurrence of such
action. Upon issuance of an order by the Building Commissioner that
a public safety nuisance exists and that building or structure must
be demolished or repaired in order to abate the nuisance, then the
Building Commissioner may solicit no less than two (2) independent
bids for such demolition or repair work, provided that the owner of
the property in question has been given the opportunity to contest
such order. The amount of the lowest bid, including offset for salvage
value, if any, plus reasonable anticipated costs of collection, including
attorney's fees, shall be certified to the City Clerk who shall cause
a special assessment to be issued against the property owner to be
prepared and collected. The City Clerk shall discharge the special
assessment upon documentation by the property owner of the completion
of the ordered repair or demolition work. The payment of the special
assessment shall be held in an interest-bearing account. Upon full
payment of the special assessment, the Building Commissioner shall,
within one hundred twenty (120) days thereafter, cause the ordered
work to be completed and certify the actual costs thereof, including
the cost of special assessment collection and attorneys' fees, to
the City Clerk who shall, if the actual cost differs from the paid
amount by greater than two percent (2%) of the paid amount, refund
the excess payment, if any, to the payor or if the actual amount is
greater, cause a special assessment or assessment for the difference
against the property to be prepared and collected. If the Building
Commissioner shall not, within one hundred twenty (120) days after
full payment, cause the ordered work to be completed, then the full
amount of the payment, plus interest, shall be repaid to the payor.
At the request of the taxpayer the special assessment for the difference
may be paid in installments over a period of not more than ten (10)
years. The special assessment for the difference from the date of
its issuance shall be deemed a person and debt against the property
owner and shall also be a lien on the property until paid.
[Ord. No. 827 §14, 12-13-1999]
Nothing in this Chapter shall be construed as abandoning or
limiting the City's right to exercise all legal remedies in abating
public safety nuisance or the right by civil action to recover the
expense incurred in abating such nuisance.
