[Ord. No. 7610, § 2, 12-18-1986]
No person shall permit, cause, keep, maintain or create any
nuisance, as defined by the laws of the state, this Code or other
ordinances of the City, within the City limits.
[Ord. No. 7610, § 2, 12-18-1986; Ord. No. 7730, § 1, 1-7-1988; Ord. No. 8976, §§ 1-2, 11-16-2000; Ord. No. 9239, § 1, 3-20-2003; Ord. No. 10542, 12-20-2018]
In addition to any other act declared to be a nuisance by Missouri
law, this Code or other ordinances of the City, nuisances are hereby
defined and declared to be as follows:
(a) Any pond or pool of stagnant water upon any premises. Stagnant water
shall be any accumulation found in an improperly drained pool, pond,
or collector that has not dispersed within five days.
(b) Any foul or dirty water or liquid when discharged through any drain,
pipe or spout, or thrown into or upon any street, thoroughfare or
premises to the injury or hazard of the public.
(c) Any carcass of a dead animal which the owner or keeper thereof permits
to remain within the limits of this City for more than 24 hours after
death.
(d) Trees, shrubbery, bushes, or vegetation on private property, including easements, and public trees as defined in Chapter
24 shall be trimmed as specified below to prevent obstruction of the view and movements of vehicles and pedestrians:
(1) A vertical clearance of at least seven feet above any paved sidewalk,
walkway, or public right-of-way used by the public as indicated by
a worn path, or a walkway on a public easement.
(2) A vertical clearance of at least 12 feet beyond the edge of the street
and 14 feet above the center of any traffic lane.
(3) To provide a clear line of sight for at least 75 feet on the approach
side for all street traffic signals or traffic control postings.
(4) To provide a visually clear triangular space at street intersections,
determined by a diagonal line connecting two points measured 25 feet
equidistant from the intersection of the edge of the intersecting
streets.
(5) To provide easy and clear visibility, operation, and use of a fire
hydrant or other utility or structure.
(6) Any tree, limbs, or shrubs which are hazardous or injurious to the
public.
[Ord. No. 10775, 10-6-2022]
(e) Any obstruction, including dirt, mud, snow, ice or filth, caused
or permitted on any sidewalk to the danger of the public. Any stones,
dirt, garbage, filth, vegetable matter or other articles allowed to
remain on or in any street, alley, sidewalk or other public place
or on any public premises. (As used herein, "public premises" includes
any area open to the general public either privately or publicly owned.)
(f) Any stable, animal pen, poultry yard or coop permitted to be in such
condition as to become offensive or injurious to the public.
(g) Any cellar, vault, private drain, pool, privy, sewer, cistern or
sinkhole upon any premises permitted to become foul, offensive, hazardous
or injurious to the public health.
(h) Leghold traps placed outdoors on public or private property for the
capture of animals.
(i) Any weeds on private property over seven inches in height. As used
herein, the term "private property" includes property owned privately
but subject to a public easement, including dedicated street rights-of-way.
(j) Any vegetation on private property at any location whatsoever when
such vegetation by direct contact or by proximity thereto can cause
irritation or lesion to the skin of any person.
(k) Any area which is not covered by lawn or vegetation and not treated
to prevent dust or the blowing and scattering of dust particles into
the air. Any altered surface of the ground which would be liable to
deposit mud or harmful silt, or create erosion or damage on public
property.
(l) Any litter allowed to remain longer than one week on any occupied
private property or any open or vacant private property within the
City. As used herein, the term "litter" includes garbage, trash, refuse,
junk, tree limbs or other putrescible or nonputrescible solid waste.
(m) Any substance, vegetable or mineral, which emits an offensive, noxious,
putrid or unhealthy odor in the neighborhood.
(n) Each act or thing done or made, permitted, allowed or continued on
any property, public or private, by any person or corporation, their
agents or servants to the damage or injury of any of the inhabitants
of this City, and not hereinbefore specified.
(o) Any lot or land 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 seven inches or more
in height, rubbish and trash, lumber not piled or stacked 12 inches
off of the ground, rocks or bricks, tin, steel, parts of derelict
cars or trucks, 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.
(p) Stagnant water and all items containing stagnant water. All stagnant
water and items containing stagnant water which can serve as a breeding
ground for mosquitoes are hereby declared to be a public nuisance.
This includes, but is not limited to, bottles, cans, tires, buckets,
birdbaths, clogged gutters or any other places or objects containing
stagnant water. This subsection shall not apply to ditches, drainageways,
detention basins, lakes, streams and natural land formations where
water may collect, nor apply to treated water such as swimming pools.
"Stagnant water" is defined for this subsection as water which is
not moving, or not flowing, or is motionless; and may become foul,
stale or promote the breeding of mosquitoes.
(q) Any water discharge causing dirt, mud, ice or filth, caused or permitted
on any private sidewalk, driveway, or patio creating a hazard to users
of the premises.
[Ord. No. 10546, 1-3-2019]
[Ord. No. 7610, § 2, 12-18-1986]
It is an offense against this Code for any person to create,
maintain, keep or permit a nuisance as defined by this Code or to
fail to abate a nuisance after having received a notice issued pursuant
to this article to abate the nuisance.
[Ord. No. 7610, § 2, 12-18-1986]
The Director of Public Services or authorized representative,
the Chief of Police and policemen of the City are hereby authorized
to enter into or upon any premises within this City where there is
reason to suspect the existence of any nuisance as defined herein.
[Ord. No. 7610, § 2, 12-18-1986]
The Director of Public Services or authorized representative
is hereby empowered to abate any nuisance as defined herein, either
by filling up, draining, cleaning, purifying, discontinuing or removing
such nuisance.
[Ord. No. 8825, § 1, 6-3-1999; Ord. No. 8950, § 1, 9-7-2000]
(a) Whenever a nuisance is determined to exist, as defined in this article,
the owner of the ground, or owners in the case of joint tenants, tenants
by the entirety or tenants in common, shall be liable.
(b) The Director of Public Services or authorized representative may
order abatement of a nuisance, and in such case shall give at least
10 days' notice to abate the nuisance, either personally or by United
States mail to the owner or owners, or his agents or their agents,
or by posting such notice on the premises. A hearing before the Director
of Public Services may be required by the owner or owners of the grounds
within five days of the notice.
(c) If such a hearing is requested, the owner or agent shall arrange
for it before the Director of Public Services within five working
days at the Kirkwood City Hall during normal business hours.
(d) If at such a hearing, the Director of Public Services determines
that a nuisance exists, the Director of Public Services shall order
the same to be abated within five days.
(e) If the nuisance is not abated within the notice period, or within
five days after a hearing, the Director of Public Services or authorized
representative may have the nuisance abated and shall certify the
cost of same. A bill will be prepared for the cost of the work, including
applicable overhead charges, but in no event shall the cost be less
than $200. If this bill is not paid within 30 days from the date thereon,
a special tax bill will be prepared and collected by the collector
with other taxes assessed against the property, or the charge shall
be added to the annual real estate tax bill at the discretion of the
City.
(f) The special tax bill from the date of its issuance shall be a first
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 day of June of each year. Such tax bills, if not paid when
due, shall bear interest in accordance with the rate established by
state statute.
(g) If the charge is to be added to the annual real estate tax bill for
the property, the cost shall be certified by the City Clerk and forwarded
to the St. Louis County Collector to be assigned to the real estate
tax bill.
As used in this article, the following terms shall have the
meanings set out herein:
ABANDONED PROPERTY
Any unattended or unlicensed motor vehicle, trailer, all-terrain
vehicle, outboard motor or vessel removed or subject to removal from
public or private property as provided in this article, whether or
not operational. For any vehicle towed from the scene of an accident
at the request of law enforcement and not retrieved by the vehicle's
owner within five days of the accident, the agency requesting the
tow shall be required to write an abandoned property report or a criminal
inquiry and inspection report.
PERSON
Any natural person, corporation or other legal entity.
RIGHT-OF-WAY
The entire width of land between the boundary lines of a
public road or state highway, including any roadway.
ROADWAY
That portion of a public road or state highway ordinarily
used for vehicular travel, exclusive of the berm or shoulder.
TOWING COMPANY
Any person or entity who or which tows, removes or stores
abandoned property.
The open storage of inoperable or unlicensed vehicles or other
vehicles deemed by the City to constitute a public safety hazard is
prohibited. Nothing in this section shall apply to a vehicle which
is completely enclosed within a locked building or locked fenced area
and not visible from adjacent public or private property, nor to any
vehicle upon the property of a business licensed as salvage, swap,
junk dealer, towing or storage facility so long as the business is
operated in compliance with its business license and the property
is in compliance with applicable zoning ordinances.
(a) Generally. The City, including the City Police Department, may tow motor vehicles from real property which are deemed a public safety hazard pursuant to §
16-9 or are derelict, junk, scrapped, disassembled or otherwise harmful to the public health. The City shall perform such tow pursuant to the terms of §
16-10. When a City agency other than the Police Department authorizes a tow under this subsection, it shall report the tow to the Police Department within two hours with a crime inquiry and inspection report.
(b) Towing
authorized by City Police Department. If a person abandons property
on any real property owned by another without the consent of the owner
or person in possession of the real property, at the request of the
person in possession of the real property, any City police officer
may authorize a towing company to remove such abandoned property from
the property in the following circumstances:
(1) The
abandoned property is left unattended for more than 48 hours; or
(2) In
the judgment of a police officer, the abandoned property constitutes
a safety hazard or unreasonably interferes with the use of the real
property by the person in possession.
(c) Towing
authorized by real property owner, lessee or property or security
manager.
(1) The
owner of real property or lessee in lawful possession of the real
property or the property or security manager of the real property
may authorize a towing company to remove abandoned property or property
parked in a restricted or assigned area without authorization by a
law enforcement officer only when the owner, lessee or property or
security manager of the real property is present. A property or security
manager must be a full-time employee of a business entity. An authorization
to tow pursuant to this subsection may be made only under any of the
following circumstances:
a. Sign.
There is displayed, in plain view at all entrances to the property,
a sign not less than 17 inches by 22 inches in size, with lettering
not less than one inch in height, prohibiting public parking and indicating
that unauthorized abandoned property or property parked in a restricted
or assigned area will be removed at the owner's expense, disclosing
the maximum fee for all charges related to towing and storage, and
containing the telephone number of the local traffic law enforcement
agency where information can be obtained or a twenty-four-hour staffed
emergency information telephone number by which the owner of the abandoned
property or property parked in a restricted or assigned area may call
to receive information regarding the location of such owner's property.
b. Unattended
on owner-occupied residential property. The abandoned property is
left unattended on owner-occupied residential property with four residential
units or less and the owner, lessee or agent of the real property
in lawful possession has notified the City Police Department, and
10 hours have elapsed since that notification.
c. Unattended
on other private real property. The abandoned property is left unattended
on private real property and the owner, lessee or agent of the real
property in lawful possession of real property has notified the City
Police Department, and 96 hours have elapsed since that notification.
(2) Pursuant
to this section, any owner or lessee in lawful possession of real
property that requests a towing company to tow abandoned property
without authorization from a City police officer shall at that time
complete an abandoned property report, which shall be considered a
legal declaration subject to criminal penalty pursuant to Section
575.060, RSMo. The report shall be in the form designed, printed and
distributed by the Missouri Director of Revenue and shall contain
the following:
a. The
year, model, make and abandoned property identification number of
the property, and the owner and any lienholders, if known;
b. A
description of any damage to the abandoned property noted by the owner,
lessee or property or security manager in possession of the real property;
c. The
license plate or registration number and the state of issuance, if
available;
d. The
physical location of the property and the reason for requesting the
property to be towed;
e. The
date the report is completed;
f. The
printed name, address and telephone number of the owner, lessee or
property or security manager in possession of the real property;
g. The
towing company's name and address;
h. The
signature of the towing operator;
i. The
signature of the owner, lessee or property or security manager attesting
to the facts that the property has been abandoned for the time required
by this section and that all statements on the report are true and
correct to the best of the person's knowledge and belief and that
the person is subject to the penalties for making false statements;
j. Space
for the name of the law enforcement agency notified of the towing
of the abandoned property and for the signature of the law enforcement
official receiving the report; and
k. Any
additional information the Missouri Director of Revenue deems appropriate.
(3) Any
towing company which tows abandoned property without authorization
from the City Police Department pursuant to Subsection (b) of this
section shall deliver a copy of the abandoned property report to the
City Police Department. The copy may be produced and sent by facsimile
machine or other device which produces a near exact likeness of the
print and signatures required, but only if the City Police Department
has the technological capability of receiving such copy and has registered
the towing company for such purpose. The report shall be delivered
within two hours if the tow was made from a signed location pursuant
to Subsection (c)(1)a. of this section; otherwise the report shall
be delivered within 24 hours.
(4) The
City Police Department, after receiving such abandoned property report,
shall record the date on which the abandoned property report is filed
with the Police Department and shall promptly make an inquiry into
the National Crime Information Center (NCIC) and any statewide Missouri
law enforcement computer system to determine if the abandoned property
has been reported as stolen. The Police Department shall enter the
information pertaining to the towed property into the statewide law
enforcement computer system and a police officer shall sign the abandoned
property report and provide the towing company with a signed copy.
(5) The
City Police Department, after receiving notification that abandoned
property has been towed by a towing company, shall search the records
of the Missouri Department of Revenue and provide the towing company
with the latest owner and lienholder information on the abandoned
property, and if the tower has online access to the Department of
Revenue's records, the tower shall comply with the requirements of
Section 304.155, RSMo. If the abandoned property is not claimed within
10 working days, the towing company shall send a copy of the abandoned
property report signed by a law enforcement officer to the Department
of Revenue. (RSMo. § 304.155, 2004)
(6) No
owner, lessee or property or security manager of real property shall
knowingly authorize the removal of abandoned property in violation
of this section.
(7) Any
owner of any private real property causing the removal of abandoned
property from that real property shall state the grounds for the removal
of the abandoned property if requested by the registered owner of
that abandoned property. Any towing company that lawfully removes
abandoned property from private property with the written authorization
of the property owner or the property owner's agent who is present
at the time of removal shall not be held responsible in any situation
relating to the validity of the removal. Any towing company that removes
abandoned property at the direction of the landowner shall be responsible
for:
a. Any
damage caused by the towing company to the property in the transit
and subsequent storage of the property; and
b. The
removal of property other than the property specified by the owner
of the private real property from which the abandoned property was
removed.
(d) Damage
to property. The owner of abandoned property removed from private
real property may recover for any damage to the property resulting
from any act of any person causing the removal of, or removing, the
abandoned property.
(e) Real
property owner liability. Any owner of any private real property causing
the removal of abandoned property parked on that property is liable
to the owner of the abandoned property for double the storage or towing
charges whenever there has been a failure to comply with the requirements
of this article.
(f) Written
authorization required; delegation of authority to tow.
(1) Except
for the removal of abandoned property authorized by the City Police
Department pursuant to this section, a towing company shall not remove
or commence the removal of abandoned property from private real property
without first obtaining written authorization from the real property
owner. All written authorizations shall be maintained for at least
one year by the towing company.
(2) General
authorization to remove or commence removal of abandoned property
at the towing company's discretion shall not be delegated to a towing
company or its affiliates except in the case of abandoned property
unlawfully parked within 15 feet of a fire hydrant or in a fire lane
designated by a Fire Department or the State Fire Marshal.
(g) Towing company liability. Any towing company, or any affiliate of a towing company, which removes, or commences removal of, abandoned property from private property without first obtaining written authorization from the property owner or lessee, or any employee or agent thereof, who is present at the time of removal or commencement of the removal, except as permitted in Subsection
(f) of this section, is liable to the owner of the property for four times the amount of the towing and storage charges, in addition to any applicable ordinance violation penalty, for a violation of this section.