[R.O. 2007 § 215.010; CC 1979 § 12.1-26; Ord. No. 677 § 2, 9-9-1981; Ord. No. 1759 §§ 1 — 2, 5-9-1991; Ord. No. 1769 § 1, 6-13-1991; Ord. No. 1898 § 1, 8-13-1992; Ord. No. 2385 § 1(12.1-26), 10-26-1995; Ord. No. 3179 § 1, 1-27-2000; Ord. No. 3511 § 1, 8-23-2001; Ord. No. 3954 § 1, 12-18-2003; Ord. No. 4964 § 1, 2-14-2008; Ord. No. 5516 § 1, 12-16-2010; Ord. No. 5962 § 1, 7-25-2013]
A. 
Animal Or Vegetable Matter. Any accumulation of animal or vegetable matter that is offensive by virtue of odors or vapors or by the inhabitation therein of rats, mice, snakes or vermin of any kind which are or may be dangerous or prejudicial to the public health are declared to be a public nuisance.
B. 
Disposition Of Carcasses.
1. 
Not disposing as follows of the body of such animal that has died from any cause other than rabies or suspected rabies (see Section 215.033, Notice) within twenty-four (24) hours after knowledge of such death is declared to be a public nuisance.
2. 
Every person owning or caring for any animal that has died from any cause other than rabies or suspected rabies (see Section 215.033, Notice) shall dispose of the body of such animal within twenty-four (24) hours after knowledge of such death, either to a person licensed under Chapter 269, RSMo., to dispose of or transport it, or by the owner or person entitled to such body causing the same to be buried within that time upon his/her own or any other available premises, and any such animal body shall be buried to such a depth that no part thereof shall be nearer than three (3) feet to the natural surface of the ground and every part of such body shall be covered with at least three (3) feet of earth in addition to any other materials that may be used for that purpose, provided however, that any person so owning or controlling any dead animal, that has not died of a contagious disease, shall have the right to remove the hide or skin thereof on his/her own premises before burying such body as herein prescribed, but such skinning must be done and the disposition of such hide or skin and body must be made in a manner that will avoid the creation of any public nuisance.
C. 
Public Nuisance. Any condition detrimental to the public health and in violation of this Section is declared to be a public nuisance, and it shall be unlawful for any person, including the owner or occupant of any premises within the boundaries of the City and within one-half (½) mile of the boundaries thereof, to maintain or permit to be maintained such public nuisance.
D. 
Mosquito Breeding Places. Collections of water in which mosquitoes breed or are likely to breed are those contained in ditches, ponds, pools, excavations, holes, depressions, open cesspools, privy vaults, fountains, cisterns, tanks, shallow wells, barrels, troughs (except horse troughs in frequent use), urns, cans, boxes, bottles, tubs, buckets, defective house roof gutters, tanks of flush closets, plastic piping, bird baths or other water containers and are declared a public nuisance, unless such collections of water are treated to effectively prevent such breeding. The natural presence of mosquito larvae in standing or running water shall be evidence that mosquitoes are breeding therein. Collections of water in which mosquitoes breed or are likely to breed shall be treated by such one (1) or more of the following methods as shall be approved by the City Health Department:
1. 
Screening with wire netting of at least sixteen (16) meshes to the inch each way, or any other material which will effectually prevent the ingress or egress of mosquitoes.
2. 
Complete emptying every seven (7) days of unscreened containers, together with their thorough drying or cleansing.
3. 
Using a larvicide approved and applied under the direction of the City Health Department Official or his/her designee.
4. 
Covering completely the surface of the water with monomolecular surface, olive, petroleum or paraffin oil once every seven (7) days.
5. 
Cleaning and keeping sufficiently free of vegetable growth and other obstructions, and stocking with mosquito destroying fish.
6. 
Filling or draining to the satisfaction of the City Health Official or his/her designee.
7. 
Proper disposal, by removal or destruction, of tin cans, tin boxes, broken or empty bottles, tires and other articles likely to hold water.
E. 
Rodent Harborage. Paper, lumber, rocks, boxes, barrels, bottles, cans, or other trash or debris, or other material allowed to accumulate or remain on any premises, whether improved or unimproved, occupied or vacant, or on any open lot or alley within the City, in such a manner as to create a condition which provides shelter, food or protection for rodents, or a breeding place for such rodents is declared to be a public nuisance.
F. 
Rubbish, Trash Or Junk. Any accumulation of rubbish, trash or junk causing or threatening to cause a fire hazard, or causing or threatening to cause the accumulation of stagnant water, or causing or threatening to cause the inhabitation therein of rats, mice, snakes or vermin of any kind which are or may be dangerous or prejudicial to the public health and any violations of Chapter 235 are declared a public nuisance.
G. 
Land Fills. The disposal of garbage, rubbish or other type of refuse by burying it under a shallow layer of ground is declared to be a public nuisance. Provided, that a sanitary land fill as defined herein shall be exempt from this provision if licensed by the City and the State of Missouri. A "sanitary land fill" for the purposes of this Chapter is defined as a type of operation in which refuse and earth or other suitable cover material is deposited in alternate layers of specified depth in accordance with a definite plan on a specified portion of open land, with each layer being compacted by force applied by mechanical equipment.
H. 
Grass, Weeds, Trash, Etc.
1. 
Grass And Weeds.
a. 
No person shall permit weeds such as jimson, burdock, ragweed, thistle, cocklebur, milkweed, buckthorn, dandelion, henbit, crabgrass, goosegrass, foxtail, nutsedge, and poison ivy, or other weeds of a like kind, to include all rank vegetable growth which exude unpleasant and noxious odors and also high and rank vegetable growth that may conceal filthy deposits, or grass of any type to grow to a height of seven (7) inches or more upon any lot or tract of land which includes a building under construction ("developed tract") or on common ground in any residentially zoned district or upon any lot or tract of land which includes a building under construction or on common ground in other districts which are used for residential purposes. The growing of brome, alfalfa, timothy, clover or other grasses/vegetation grown for hay purposes is prohibited within any residentially zoned district.
b. 
No person shall permit weeds such as jimson, burdock, ragweed, thistle, cocklebur, milkweed, buckthorn, dandelion, henbit, crabgrass, goosegrass, foxtail, nutsedge, and poison ivy, or other weeds of a like kind, to include all rank vegetable growth which exude unpleasant and noxious odors and also high and rank vegetable growth that may conceal filthy deposits, or grass of any type to grow to a height of seven (7) inches or more upon any undeveloped lot or tract in any residentially zoned district or upon any undeveloped lot in other districts which are used for residential purposes. The growing of brome, alfalfa, timothy, clover or other grasses/vegetation grown for hay purposes is prohibited within any residentially zoned district.
c. 
All multiple-family developments shall be subject to a maximum height of seven (7) inches upon issuance of the first occupancy permit. The growing of brome, alfalfa, timothy, clover or other grasses/vegetation grown for hay purposes is prohibited within any residentially zoned district.
d. 
It shall be unlawful and considered a public nuisance for any person, including the owner or occupant of such premises, to permit weeds such as jimson, burdock, ragweed, thistle, cocklebur, milkweed, buckthorn, dandelion, henbit, crabgrass, goosegrass, foxtail, nutsedge, and poison ivy, or other weeds of a like kind, to include all rank vegetable growth which exude unpleasant and noxious odors and also high and rank vegetable growth that may conceal filthy deposits, or grass of any type to grow to a height of seven (7) inches or more upon any commercially, industrially, or institutionally zoned lot or tract of land which includes a building or building under construction.
e. 
No person shall permit weeds such as jimson, burdock, ragweed, thistle, cocklebur, milkweed, buckthorn, dandelion, henbit, crabgrass, goosegrass, foxtail, nutsedge, and poison ivy, or other weeds of a like kind, to include all rank vegetable growth which exude unpleasant and noxious odors and also high and rank vegetable growth that may conceal filthy deposits, or grass of any type to grow to a height of twelve (12) inches or more upon any undeveloped lot or tract of land in any commercially, industrially, or institutionally zoned district.
f. 
If weeds are allowed to grow, or if trash is allowed to accumulate, on the same property in violation of an ordinance more than once during the same growing season in the case of weeds, or more than once during a calendar year in the case of trash, the Chief of Police or other designated official may, without further notification, have the weeds or trash removed and the cost of the same shall be billed in the manner described.
g. 
This Subsection (H)(1) shall not apply to areas zoned and being utilized for agricultural purposes or to areas being utilized for agricultural purposes as a permitted use in the zoning district in which the property is situated, or areas being utilized for agricultural purposes as a legal non-conforming use or in natural areas. For the purpose of this Subsection (H)(1)(g), "natural areas" are defined as land owned by the City of St. Peters, floodplain and floodway along streams, wooded areas, storm water management facilities including best management practices (bmp) for basins, bioswales, and other water quality improvements approved by the City of St. Peters, and those portions of land reflecting a conscious decision to plant, cultivate and maintain those native or naturally occurring species identified as wildflower and prairie grasses.
(1) 
Acceptable crops on lots or tracts of ground, except those lots or tracts zoned agricultural, which are used for agricultural purposes may not exceed a height of twelve (12) inches in any area parallel to the street for a minimum distance of twelve (12) feet back from the curb and for a minimum distance of twelve (12) feet back from any property line. The City, in its sole discretion, has the authority to determine agricultural use. The growing of brome, alfalfa, timothy, clover or other grasses/vegetation grown for hay purposes is prohibited within any residentially zoned district.
h. 
The City reserves its right of enforcement whenever it determines that any growth of vegetation creates or enhances an identifiable health or safety problem including, but not limited to, a proliferation of rats, mosquitoes, or vermin, or the creation of a fire hazard.
2. 
Trash, Garbage And Refuse. It shall be unlawful for any person, including the owner or occupant of such premises, to maintain or permit to be maintained any premises being vacant lots or land, upon which undergrowth, trash, garbage, building materials, glass, wood or miscellaneous refuse is permitted or caused to accumulate in any manner which is a public nuisance, or to place or leave some adjacent to his/her premises or in any public place unless done pursuant to ordinance providing for its collection.
I. 
Littering Nuisance. No person on public or private property within the City shall litter by willfully or negligently throwing or dropping any item such as bottles, cans, papers, liquid, ice or trash of any kind, or by unloading or dumping any refuse onto any area not authorized for refuse disposal. The driver of any vehicle, except a public service vehicle, shall be held liable in the event it cannot be determined which vehicle occupant committed any acts or omissions amounting to a violation of this Section.
J. 
Composting. Composting is the controlled biological reduction of organic separated materials to humus. If composting is not properly contained and managed, it can cause rodent, fly, odor, or other nuisance(s). All compost plots/areas shall be maintained in accordance with rules and regulations established pursuant to Chapter 235 as amended and shall comply with the following requirements:
[Ord. No. 7840, 7-27-2023]
1. 
No residential compost plot/area shall contain any of the following:
a. 
Meat, fish, bones, other meat products.
b. 
Oils, grease, fat, peanut butter.
c. 
Cheese, butter, milk products.
d. 
Blood.
e. 
Barbecue pit ashes.
f. 
Processed or cooked food.
g. 
Dead animals or carcasses.
h. 
Salad dressing, mayonnaise.
i. 
Magazines, newspaper.
j. 
Municipal solid waste.
k. 
Treated or painted lumber.
2. 
A compost plot may contain:
a. 
Wood chips.
b. 
Leaves.
c. 
Grass, weeds.
d. 
Crushed egg shells.
e. 
Chicken manure.
f. 
Straw.
g. 
Flowers.
h. 
Plants.
i. 
Aquatic vegetation.
j. 
Coffee grounds, tea leaves.
k. 
Pine needles, cones, tree seeds.
l. 
Sawdust.
m. 
Citrus, raw vegetable and fruit trimmings (less than twenty percent (20%)).
n. 
Yard waste.
o. 
Commercial compost additives, fertilizer.
p. 
Soil.
3. 
Residential Compost Plots.
a. 
All residential compost plots shall be enclosed in a freestanding compost bin(s). The accumulative volume of bin(s) shall be no greater in volume than one hundred twenty-five (125) cubic feet for properties ten thousand (10,000) square feet and less in size, with an additional one hundred twenty-five (125) cubic feet accumulative volume permitted for each additional ten thousand (10,000) square feet of property space. Individual compost bins shall be no taller than five (5) feet.
b. 
Size requirements can be waived for residential/neighborhood/subdivision/multi-family compost units and plots. The approved waiver must be based on an overall compost management practices plan to include provisions for location, size, design, and vegetative/structural screening.
4. 
Composting shall not be managed in a static pile without a bin.
5. 
Composting materials/yard waste cannot be deposited in a drainage way, ravine, creek/stream/lake/pond, excepting therefrom brush for fish habitat management, or stream/creek/pond banks, on undeveloped land, woods, common ground or parkland. Composting materials can be used for land application for turf, agricultural and soil amendment purposes provided it is incorporated into the soil within thirty (30) days of application. Composting materials/yard waste can be used for erosion control or mulch purposes provided no nuisance occurs.
6. 
All compost plots shall be maintained so as to prevent the attraction or harborage of rodents and pests. The presence of rodents in or near a compost pile shall be cause for the City to issue an order to abate.
7. 
All compost plots shall be maintained so as to prevent unpleasant, putrefactive, sour or pungent odors. An earthy scent in the immediate proximity of the plot is acceptable.
8. 
No compost plot shall be located less than six (6) feet from the rear or side property line, or within ten (10) feet of any home, patio, pool, or similar structure on the adjacent property. All compost plots shall be at least six (6) feet behind the front building setback line.
9. 
No compost plot shall be located where it will impede the natural free flow of stormwater drainage.
10. 
Composting For Private Use Only Under This Section.
a. 
Compost plots established in accordance with this Section are for private use only. There shall be no commercial use/sale of the finished compost.
b. 
All commercial composting shall require separate City approval under Chapter 235, or as amended.
11. 
Maintenance responsibility shall rest with the owner or operator of the property.
K. 
Code Official means City Health Officer or his/her designee, or Building Commissioner or his/her designee.
L. 
Temporary, Portable Storage Pods. It shall be unlawful and deemed a public nuisance for the owner or occupant of any single-family residence to permit temporary, portable storage pods to remain on or in the front yard, driveway or any other location on said lot or parcel which is visible from any public right-of-way, in any single-family residentially zoned district of the City for a period of time exceeding ten (10) days, in the aggregate, in any thirty (30) day period.
M. 
Derelict Vehicles.
[Ord. No. 6578 § 1, 7-28-2016]
1. 
Any motor vehicle or vessel within the City which is derelict, junk, scrapped, disassembled or otherwise harmful to the public health is declared to be a public nuisance, unless:
a. 
Such motor vehicle or vessel is completely enclosed within a locked building or locked fenced area, sits on top of a hard, impervious surface, and is not visible from adjacent public or private property; or
b. 
Such motor vehicle or vessel sits 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.
2. 
A motor vehicle or vessel "is derelict, junk, scrapped, disassembled or otherwise harmful to the public health" if the motor vehicle or vessel contains one or more of the following characteristics:
a. 
The engine, wheels or other parts have been removed for a period of at least thirty (30) consecutive days;
b. 
The engine, wheels or other parts have been altered, damaged or otherwise so treated that the motor vehicle or vessel is incapable of being driven under its own motor power for a period of at least thirty (30) consecutive days;
c. 
Broken windows, windshields or other broken glass;
d. 
Rats or other vermin inhabit the motor vehicle or vessel; or
e. 
Hazardous chemicals are leaking from the motor vehicle or vessel.
[R.O. 2007 § 215.020; CC 1979 § 12.1-27; Ord. No. 677 § 2, 9-9-1981; Ord. No. 2385 § 2(12.1-27), 10-26-1995]
The City Health Official or his/her designee shall have the right to enter and inspect, during daylight hours, any building, lot, cellar, sewer and privy of every kind and description, other than an occupied dwelling, which such official reasonably believes to be dangerous and detrimental to the public health, and shall have the power to order the person owning or in possession or control of such premises, within the boundaries of the City and within one-half (½) mile of the boundaries thereof, on or in which such public nuisance exists to abate the same.
[Ord. No. 5390 § 1, 4-22-2010]
A. 
Summary Abatement Of Nuisances.
1. 
Procedure. Whenever a complaint is made to the Code Official of the existence of a public nuisance, as defined in this Chapter, the Code Official shall promptly cause to be inspected the property on which it is alleged that such public nuisance exists. Upon the discovery of a public nuisance, the Code Official may order the owner or other person creating, keeping, maintaining or permitting the same to abate it. Should the Code Official find that a public nuisance exists, and that the public health, welfare or safety may be in immediate danger, then summary abatement procedures shall be implemented and the inspecting official or department may cause the nuisance to be removed or abated. Summary abatement costs shall be certified by the City Clerk and assigned to the annual real estate tax bill for the property. If the public nuisance involves a building that appears structurally unsafe, the City shall follow those procedures promulgated in Section 525.040 of this Code.
2. 
Notice. When summary abatement is authorized, notice to the owner, agent or occupant of the property is not required. Following summary abatement, the Code Official shall cause to be posted on the property liable for the abatement a notice describing the action taken to abate the nuisance.
B. 
Abatement Of Nuisances In Other Cases.
1. 
Procedure. Upon the discovery of a public nuisance that does not pose an immediate danger to the public health, welfare or safety, the Code Official shall submit a written report of the property on which the nuisance exists to the City Administrator. Photographs and findings shall be included in said report. If the City Administrator declares the existence of a public nuisance, but the nature thereof is not such as to require the summary abatement of such nuisance, then the City Administrator may order the abatement of the nuisance by notice in compliance with Section 215.033.
2. 
Abatement By Owner. Within ten (10) days after the posting and mailing of a notice to abate a nuisance, the owner or individual in possession of the affected property shall remove and abate such nuisance or show that actions for abating the nuisance have commenced. Such showing shall be made by filing a written statement or other proof of such actions with the Code Official.
C. 
Abatement By City. If, after a hearing in compliance with this Section finds that the nuisance or dangerous condition exists, the Code Official shall have the authority to enter upon the property and abate the public nuisance found thereon. In abating such nuisance, the Code Official may go to whatever extent may be necessary to complete the abatement of the public nuisance. If it is practicable to salvage any material derived in the aforesaid abatement, the Code Official may sell the salvaged material at private or public sale and shall keep an accounting of the proceeds thereof.
D. 
Proceeds From Sale Of Private Property. The proceeds, if any, obtained from the sale of any material salvaged as a result of an abatement of public nuisance by the Code Official shall be deposited to the General Fund of the City and any deficit between the amount so received and the cost of the abatement shall be filed with the City Clerk. The City Clerk shall certify said costs and assess costs to the annual real estate tax bill for the property. Should the proceeds of the sale of the salvaged material exceed the cost of the abatement, the surplus, if any, shall be paid to the owner of the property from which the public nuisance was abated when a proper claim to the excess is established.
E. 
Authorized Action. In abating a public nuisance, the Code Official 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 nuisance.
F. 
Statement Of Costs. The Code Official shall, after completing the removal and abatement, file a statement of costs with the City Clerk. The City Clerk shall certify costs and assign costs to the annual real estate tax bill for the property.
[1]
Editor's Note — Ordinance no. 5390 § 1 adopted April 22, 2010, repealed section 215.030 "notification" and enacted new provisions set out in sections 215.030 — 215.037. Former section 215.030 derived from R.O. 2007 § 215.030; CC 1979 § 12.1-28; ord. no. 677 § 2, 9-9-1981; ord. no. 1496 § 1, 2-9-1989; ord. no. 1759 § 3, 5-9-1991; ord. no. 1979 § 1, 2-11-1993.
[Ord. No. 5390 § 2, 4-22-2010]
A. 
Notice. The Code Official shall determine all individuals, firms or corporations who, from the records in the Recorder of Deeds office, appear to be the titled owners of the aforesaid property and immediately cause a written notice to be served on each such individual, firm or corporation by personal service or by the following methods:
1. 
Leaving a copy of the notice at the usual place or residence or business of such owner, or address of such owner shown in the Recorder's records; and
2. 
Mailing a copy to such owner at such place or address by United States certified mail return receipt requested; and
3. 
Mailing a copy to such owner at such place or address by United States mail.
If service of such written notice is unable to be perfected by any of the methods described above, the Code Official shall cause a copy of the aforesaid notice to be published in a newspaper of general circulation in the City, once a week for two (2) consecutive weeks, and shall further cause a copy of the aforesaid notice to be left with the individual, if any, in possession of such property on which it is alleged such public nuisance exists, or if there is no individual in possession thereof, the Code Official shall cause a copy of the notice to be posted at such structure, location or premises. The Code Official shall also determine from the Recorder of Deeds office who the lien holder of the property, if any, as documented therein, is and cause a written notice to be served on such lien holder by United States certified mail return receipt requested.
B. 
Notice Contents. The aforesaid notice to the owners and lien holder, if any, of the property shall state clearly and concisely:
1. 
The street address or legal description of the property;
2. 
A description of the condition or conditions alleged to constitute a public nuisance;
3. 
That a hearing is scheduled with the City Administrator on a date not sooner than ten (10) days after the date of the notice letter;
4. 
That proof of the commencement of such abatement actions must be submitted to the Code Official not later than three (3) working days before the date scheduled for the hearing or such hearing to determine whether the nuisance or dangerous condition will be held; and
5. 
That the hearing may be held without the presence of any owner, lien holder, occupant or representative.
C. 
Adequacy Of Proof. The City Administrator shall have discretion over what actions are sufficient to constitute the commencement of nuisance abatement. However, the City Administrator shall be guided by such factors as:
1. 
Expedient and continuous work;
2. 
Abatement costs; and
3. 
Impact on environment or public.
D. 
Responsible Parties. Any person who is the record owner of the premises, location or structure at the time an order pursuant to this Section is issued and served upon him, shall be responsible for complying with that order and liable for any costs incurred by the City therewith, notwithstanding the fact that he conveys his interests in the property to another after such order was issued and served.
[Ord. No. 5390 § 2, 4-22-2010]
A. 
Procedure. The owners, lien holder and occupants of the property who have been served with a notice pursuant to Section 215.033, and who do not submit sufficient proof of the commencement of such abatement actions to the Code Official not later than three (3) working days before the date scheduled for the hearing, may appear in person or by representative at a hearing with the City Administrator scheduled on a date not sooner than ten (10) days after the date of the notice letter.
B. 
Hearing. The City Administrator shall conduct a full and adequate hearing upon the question of whether a public nuisance in fact exists. The City Administrator may amend or modify the notice or extend the time for compliance with the notice by the owner by such date as the City Administrator may determine.
C. 
Evidence. The owners, lien holder and occupants of the property, or their representative or agents, of the subject property shall be given the opportunity to present evidence to the City Administrator in the course of the hearing.
D. 
Order. Should the evidence support a finding that the building, structure or condition constitutes a public nuisance, the City Administrator shall issue an order making specific findings of fact, based upon competent and substantial evidence, which shows the building, structure or condition to be a public nuisance and ordering the building, structure or condition removed, repaired or otherwise abated by the City.
E. 
Additional Time. The City Administrator, upon written application by the owner at any time within the period after the notice has been served, may grant additional time for the owner to effect the abatement of the public nuisance, provided that such extension is limited to a specific time period.
F. 
Costs To Be Certified. The costs of performance of the abatement order shall be certified to the City Clerk who shall cause a special tax bill therefor against the property to be prepared and collected by the City Collector, or other appropriate officer, with other taxes assessed against the property. Except as otherwise provided in this Section, at the request of the taxpayer the tax bill may be paid in installments over a period of not more than ten (10) years. The tax bill from date of its issuance shall be deemed a personal debt against the property owners and shall also be a lien on the property until paid. 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 at the rate of eight percent (8%) per annum.
G. 
Appeal Procedures. The Board of Aldermen shall be vested with appeal authority. Orders of abatement by the City Administrator may be appealed to the Board of Aldermen. Appeals must be filed with the City Clerk not later than ten (10) days after the issuance of the order described in Subsection (D) of this Section.
H. 
Board Of Aldermen May Waive Costs. In those instances where the nuisance has been abated by the City, the Board of Aldermen shall have discretion to waive the cost of abating a nuisance, in whole or in part, if, in the course of the hearing reviewing the decision, the Board of Aldermen finds that any of the following did not conform to the provisions of this Chapter:
1. 
The notice to remove the nuisance;
2. 
The work performed in abating the nuisance; or
3. 
The computation of charges.
I. 
Finality Of Judgment. If the judgment of the Board of Aldermen is not appealed to the Circuit Court within thirty (30) days from the date of delivery or mailing of notice, the judgment will be declared final per Chapter 536, RSMo.
[Ord. No. 5390 § 2, 4-22-2010]
A. 
Procedure. Upon receipt of the statement of costs from the Code Official, the City Clerk shall mail to the owners of the property upon which the public nuisance has been abated notice of the amounts set forth in the statement plus an additional amount sufficient to defray the costs of the notice and stating that the City proposes to assess against the property the amount set forth in the notice and that objections to the proposed assessment must be made in writing and received by the City Clerk within twenty (20) days from the date of mailing such notice. Upon the expiration of the twenty (20) day period, if no objections have been received by the City Clerk, the City Clerk shall enter that amount in the City liens docket which shall therefore constitute a lien against the property.
B. 
Objections. If objections of either the property owner or their representative are received by the City Clerk prior to the expiration of the twenty (20) day period, the City Clerk shall refer the matter to the City Administrator for administrative review.
C. 
Administrative Review. Upon conclusion of administrative review, the City Administrator shall make a written determination that the amount of the charges shall be canceled, reduced or remain the same. A copy of this determination shall be furnished to the person making the objections together with a notice of such person's right to appeal to the Board of Aldermen within thirty (30) days.
D. 
Absence Of Appeal. If no appeal of a determination by the Code Official is filed within the time period allowed, a copy of the determination will be furnished to the City Clerk who shall then enter a lien in the amount determined by the Code Official in the City liens docket as provided in Subsection (A).
E. 
Filing Of Appeal. If a timely appeal is received by the Board of Aldermen, a hearing shall be scheduled and held on the matter. If, after the hearing, the Board of Aldermen determines that the proposed assessment does not comply with Subsection (G) herein, the Board of Aldermen shall so certify to the City Clerk and the proposed assessment shall be canceled. If, after the hearing, it is determined that the proposed assessment or any part of it is proper and authorized, the Board of Aldermen shall so certify to the City Clerk who shall enter a lien in such amount as determined appropriate by the Board of Aldermen in the lien docket as provided in Subsection (G).
F. 
Finality Of Board Of Aldermen. If the judgment of the Board of Aldermen is not appealed to the Circuit Court within thirty (30) days from the date of the Board of Aldermen's determination of the assessment, the judgment will be declared final per Chapter 536, RSMo.
G. 
Reducing Costs.
1. 
Assessments. The City Administrator, in administrative review, or the Board of Aldermen, on appeal, may reduce or cancel a proposed assessment if it is determined that any of the following did not conform to the provisions of this Chapter:
a. 
The notice to remove the nuisance; or
b. 
The work performed in abating the nuisance; or
c. 
The computation of charges.
2. 
The City Administrator, in administrative review, or the Board of Aldermen, on appeal, may reduce a proposed assessment by eliminating the civil penalty portion of the invoice if it is determined that:
a. 
The current owner was not in possession of the property at the time the notice required by Section 215.033 was posted; or
b. 
The owner did not receive the notice to remove the nuisance, did not have knowledge of the nuisance and could not, with the exercise of reasonable diligence, have had such knowledge.
H. 
Claim Of Lack Of Notice. If, after a lien has been entered in the docket of City liens, there is a written request of the owner who alleges that the owner did not receive notice of the proposed assessment, the City Clerk shall refer the matter for review pursuant to Subsection (D) of this Section. The lien may be canceled or reduced by the City Administrator, in administrative review, or the Board of Aldermen, on appeal, if it is determined that the owner did not receive notice of the proposed assessment, did not previously have knowledge of the lien or of the nuisance abatement work constituting the basis of the lien, could not, in the exercise of reasonable care or diligence, have had such knowledge, and, in addition, that the circumstances are such that a reduction or cancellation of the charges would have been appropriate had the matter been reviewed pursuant to this Section prior to assessment. Upon receipt of a certification from the City Administrator and/or Board of Aldermen pursuant to Subsection (D), the City Clerk shall cancel or reduce the lien if required by the determination of the City Administrator and/or Board of Aldermen. The individuals, firms or corporations who are the owners of the property at the time at which the notice required under Section 215.033 is posted shall be personally liable for the amount of the assessment including all interest, civil penalties and other charges.
I. 
Overhead Charge. Whenever a nuisance is abated by the City, the City Clerk shall keep an accurate account of all expenses incurred, including an overhead charge of twenty-five percent (25%) for administration.
J. 
The procedures set forth in this Chapter shall be in addition to any other remedies that may exist under law for the abatement of public nuisance, and this Chapter shall not prevent the City from prosecuting violations of this Chapter, a conviction of which shall be punishable pursuant to Section 100.060 of this Code, or proceeding in a civil cause of action for abatement of nuisances created by the accumulation of unsightly, dangerous or noxious personal property within the borders of the City. Upon the successful prosecution of such civil cause of action, the City may be awarded by the court reasonable attorney's fees incurred in such action pursuant to Section 79.383, RSMo.
[R.O. 2007 § 215.040; Ord. No. 2848 §§ 1 — 2(12.1-29), 5-28-1998; Ord. No. 2979 § 1, 12-10-1998]
A. 
Definitions. Whenever the following terms are used in this Section, they shall have the following meanings:
GRAFFITI
The defacing, damaging, or destroying by the spraying of paint or marking of ink, chalk, dye, or other similar substance in the form of drawings, inscriptions, figures, or marks on public and private buildings, structures, and places, without the prior consent of the owner of the premises or the agent of the owner of the premises.
GRAFFITI ABATEMENT PROCEDURE
A procedure, which identifies graffiti, issues notice to the landowner to abate the graffiti, provides remedies in the absence of a response, and provides for a penalty for lack of compliance.
B. 
It shall be unlawful for any person to write, paint, or draw any graffiti upon any wall, rock, bridge, building, fence, gate, other structure, tree, or other real or personal property within the City, whether publicly or privately owned.
C. 
When appropriate and in addition to a fine and/or imprisonment, the courts may require those who commit acts of defacement of public or private property through the application of graffiti to restore the property so defaced, damaged, or destroyed. The public is encouraged to cooperate in the elimination of graffiti by reporting to the St. Peters Police Department all incidents of the application of graffiti that they observe.
D. 
Notice Of Removal And Hearing.
1. 
Whenever the Chief of Police, Building Commissioner or his/her designees determine that graffiti exists on any public or private buildings, structures or places which are visible to any person using any public right-of-way in the City, be it road, parkway, alley or otherwise, and the seasonal temperatures permit the painting of exterior surfaces, the City may cause a notice to be issued to abate such nuisance. The property owner shall have ten (10) days after the date of issuance of the notice to remove or paint over the graffiti or request in writing a hearing be held by the City's Administrator or his/her designee to determine if the graffiti constitutes a nuisance, or the graffiti will be subject to abatement by the City. If a hearing is requested, it shall be held within thirty (30) days of the written request. If the City Administrator or his/her designee determines, after hearing and issuance of written findings and orders, that a nuisance does exist, the property owner shall have ten (10) days from the date of the determination to abate the public nuisance through the removal or painting over of the graffiti.
2. 
The notice to abate graffiti issued pursuant to this Section will be a written notice to be served upon the owner of the premises or the agent of the owner of the affected premises, as such owner's name, or agent's name, and address appears on the last property tax assessment rolls of St. Charles County. If there is no known address for the owner of the premises or the agent of the owner, the notice shall be sent in care of the property address or posted as hereinafter set forth. The notice required by this Section may be served in any of the following manners:
a. 
By personal service on the owner, occupant, or person in charge or control of the property.
b. 
By registered or certified mail addressed to the owner at the owner's last known address, or the agent of the owner's last known address. If both are unknown, the notice shall be sent to or posted on the property address.
3. 
The notice shall be substantially in the following form:
NOTICE TO REMOVE GRAFFITI
Date of notice: _____________________
NOTICE IS HEREBY GIVEN that you are required by law, at your expense, to remove or paint over the graffiti located on the property situated at ___________________, Missouri, which is visible to public view, within ten (10) days after the date of this notice.
You may request a hearing on this order before the City Administrator or his/her designee within ten (10) days of the date of this NOTICE. If the graffiti is not removed or painted over, or a hearing requested within ten (10) days of the date of this notice, or within ten (10) days of a determination by the City Administrator or his/her designee subsequent to a hearing upon this notice, the City will enter upon your property and abate the public nuisance by removing or painting over the graffiti. The cost of the abatement by the City will be assessed against this property and such costs, if not paid by you within thirty (30) days of the abatement, will constitute a lien upon the property until paid.
4. 
Upon failure of the person(s) to comply with the notice by the designated date or within ten (10) days after any hearing where a nuisance is determined by the City Administrator or his/her designee to exist, the City is authorized to cause the graffiti to be abated by City employees or a private contractor employed by the City. The City or its private contractor is expressly authorized to enter upon the premises for such purposes. If the City or its private contractor accomplish the removal of the graffiti, they shall not authorize nor undertake to provide for the painting or repair of any more extensive area than that where the graffiti is located.
5. 
The City will provide the owner of the premises, or the agent of the owner of the affected premises, notice in the manner set forth above of the City's intent to assess the costs of abatement against the property. Any and all costs incurred by the City in the abatement of the graffiti under the provisions of this Section, which authorize assessment of the cost, shall constitute a lien against the property upon which such nuisance existed. Any such assessment shall be collected in the same manner as is provided in the Code of Ordinances of the City of St. Peters, Missouri, for all other taxes and/or assessments.