[Ord. No. 1145, 7-8-2019]
It shall be unlawful for any person, owner, lessee or occupant, agent, entity, servant, representative or employee of any such owner, having control of any lot or land in the City of Saint James, Missouri, or within one-half (1/2) mile thereof, to cause, contribute, permit, keep or maintain any nuisance, as defined by the laws of this State or provisions of the Code of the City of St. James, Missouri. No such person or entity shall fail or refuse to abate or remove a nuisance within the time required by the City as specified in this Article. Additionally, it is unlawful for any such person or entity 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 shall constitute a separate offense, and upon conviction thereof shall be punished as provided in the Code of the City of St. James and the laws of this State.
[Ord. No. 1145, 7-8-2019]
In addition to any other act declared by the Revised Statutes of Missouri or provisions of the Code of the City of St. James and any of its ordinances to be a nuisance or to be injurious, detrimental, or dangerous to the public health, the following are declared to be, but shall not be limited to, nuisances affecting health:
All decayed or unwholesome food offered for sale to the public, or offered to the public at no charge.
All diseased animals running at large.
All ponds or pools of stagnant water.
Carcasses of dead animals not buried or destroyed within twelve (12) hours after death.
Accumulations, wheresoever they may occur, of debris of any kind, including, but not limited to, weed cuttings, cut, fallen, or hazardous trees and shrubs, lumber, rocks or bricks, tin, steel, parts of derelict cars or trucks, broken furniture, appliances, manure rubbish, garbage, refuse, any flammable material which may endanger public safety or any material or condition which is unhealthy or unsafe.
Privy vaults or garbage cans which are not fly-tight, that is, privy vaults or garbage cans which do not prevent the entry of flies, insects and rodents.
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 any premises, occupant, or to any other person.
Common drinking cups, roller towels, combs, brushes or eating utensils in public or semi-public places where not properly sanitized after use.
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.
Any and all infestations of flies, fleas, roaches, lice, ticks, rats, mice, fly maggots, mosquito larvae and hookworm larvae.
The keeping, possession, display, or offer for sale of any wild animal within the City. For purpose of this Section, the term "wild animals" shall include but not be limited to dangerous or exotic carnivorous animals and bats, non-human primates, dangerous or poisonous reptiles, foxes, raccoons, skunks, opossums and turtles, or any wild animal crossbred to domestic dogs or cats.
Unlicensed dumps, and licensed dumps not operated or maintained in compliance with the ordinances of the City of Saint James and the Statutes of the State of Missouri.
Any and all discharges, either directly or indirectly, into a 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 the storm system or interfere with the proper operation of the system, or which will pollute the natural creeks or waterways.
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 Saint James.
Commercial above-ground storage tanks or containers for gasoline or other volatile fluid must comply with Department of Natural Resources and the Environmental Protection Agency for spill containment.
All privies or private vaults not connected with a sanitary sewer where available, or with an efficient septic tank in areas where sanitary sewers are not available.
Any dirt gathered in the cleaning of yards, waste from industrial or business establishments, or any rags, damaged merchandise, wet, broken or leaking barrels, casks or boxes, or any materials which are offensive, or tend by decay to become putrid or to render the atmosphere impure or unwholesome.
Perforated, punctured, ruptured, broken, cracked, or leaking sanitary sewer lateral lines.
The removal or destruction of vegetation or the failure to establish or maintain such vegetation within the City of Saint James so as to cause or be very likely to cause damage to, or otherwise adversely affect, adjoining private or public streets, storm sewers or properties due to soil erosion or siltation.
The keeping or allowing to remain on any premises any trees, shrubs, or other vegetation infected with fungus or any other disease that will or might spread to other non-infected trees, shrubs or other vegetation.
All dead, or decaying trees and all trees, dead limbs or branches in trees that create a dangerous or unsafe condition to the public or neighboring properties and all trees infected by a disease that is not promptly treated or that is not remediable are hereby declared to be a public nuisance and shall be promptly taken down and removed from the premises by owner(s) or occupant(s).
Any weeds, grass and brush exceeding seven (7) inches in height. Any person owning or occupying any lot or tract of land in the City shall remove promptly any tree limbs, fallen trees, accumulation of fallen leaves, dead shrubbery and other kinds of yard waste, rubbish, refuse and trash from such lot or tract of land. In no circumstance shall any person owning or occupying any lot or tract of land in the City cause or allow such tree limbs, fallen trees, accumulation of fallen leaves, dead shrubbery and other kinds of yard waste, rubbish, refuse and trash from such lot or tract of land to be placed in or upon any abutting street or roadway. Whenever private property abuts a public right-of-way or easement belonging to the City, or any public entity, and there exists in such right-of-way or easement the lawn or grassy area between the private property line and the midline of said right-of-way or easement, then such lawn or grassy area shall be considered, for purposes of this Section requiring cutting of weeds or rank vegetation, to be a part of the private lot which abuts the right-of-way or easement, and it shall be the duty of those responsible under this Section for the maintenance of the private lot to equally maintain the lawn or grassy area within the abutting right-of-way or easement, and all of the provisions of this Section shall apply with equal force and effect to the lawn or grassy area. "Grass, weeds, or rank vegetation," shall not be deemed to include any genuine agricultural product or crop that is grown for agricultural purposes.
All substances which emit or cause foul, obnoxious, unhealthy or disagreeable odors or effluvia in the neighborhood where they exist.
Abandoned, discarded, or unused objects or equipment, including, but not limited to, furniture and household appliances.
The open storage of inoperable or unlicensed vehicles or other vehicles deemed by the City to constitute a public safety hazard or nuisance 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.
Any condition in violation of St. James City Code and ordinances pertaining to the maintenance and condition of real property.
[Ord. No. 1145, 7-8-2019]
The City is authorized to provide for the abatement of a condition of any lot or land that has the presence of a nuisance as provided in this Chapter 215, including, but not limited to, any nuisance which may endanger public safety or which is unhealthy or unsafe and declared to be a public nuisance. Except for exigent or emergency circumstances, enforcement officials shall not enter and inspect private property without the consent of an owner or occupant of the property or pursuant to a warrant issued by the Municipal Judge or an order by any other court of jurisdiction. A warrant, however, shall not be required to enter and inspect any place where the public is invited or to use normal means of public access to the doors of residences.
[Ord. No. 1145, 7-8-2019]
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 Mayor or his/her designee shall have the authority to order the immediate abatement of the nuisance in an appropriate manner or the immediate vacation of the vicinity.
[Ord. No. 1145, 7-8-2019]
Notice. If the Mayor, or his/her designee, has reason to believe that a nuisance is being maintained within the City, the City shall notify the person causing, maintaining or permitting the same to remove, terminate or abate such nuisance within a reasonable time not less than ten (10) days as determined by the City after consideration of the nature of the nuisance and the actions necessary to remedy the situation. Such notice shall also state that upon failure to abate the condition causing the nuisance within the prescribed time period, the City shall hold a hearing where all parties may be heard and present evidence as to whether the condition constitutes a nuisance and should be removed. Such notices shall be given by First Class United States Mail, in person or by posting a copy thereof on the property involved. Where the property is not owner-occupied, service of the notice shall be to the owner of the property and to any occupant of the property. The notice shall specifically describe each condition of the lot or land declared to be a public nuisance and identify what action will remedy the public nuisance. The notice shall include a date, time, and place of the scheduled hearing no sooner than ten (10) days after such notice and include a statement that the hearing shall be deemed automatically canceled if the property owner abates the conditions described in the notice within the time specified in such notice.
Hearing. Should the person or persons so notified fail to remove, terminate or abate such nuisance within the time specified, the scheduled hearing shall take place. The hearing shall be before the Mayor or his/her designee, be under oath, which shall be administered by the Mayor or his/her designee, and all such parties shall have an opportunity to be heard and present evidence as to whether the condition maintained on the property constitutes a nuisance and whether the procedures of this Article were substantially complied with. After hearing all evidence, if the Mayor or his/her designee finds a nuisance is being maintained in violation of this Article, he/she may order the nuisance abated within a reasonable time. The order shall be in writing specifying the grounds for the order and the time by which the nuisance must be abated and either provided at the hearing or shall be served to the affected persons in accordance with Subsection (A). The notice shall also inform the recipients that the failure to comply with the order shall mean that the City will abate the nuisance with costs to the owner and/or occupant.
Abatement/Special Tax Bill. Upon failure of the person to comply with the City's order, the City may cause the same to be promptly removed, terminated or abated and thereafter certify the cost of such corrective action, along with proof of notice to the owner of the property, to the City Clerk, who shall cause a special tax bill to be issued in that amount against the property from which the nuisance was removed, terminated or abated, the same to be collected with other taxes assessed against the property. No mere clerical error or informality in such lien or in the proceedings leading to its issuance shall be a defense thereto. The certified costs associated with the removal, termination or abatement of such nuisance shall include all expenses incurred by the City in the removal of the nuisance, including, but not limited to, the actual cost of inspecting the land or lot, the actual cost of service of notice as provided herein, the actual cost of abatement, reasonable attorneys' fees, and the actual cost of issuing and recording the tax bill. Such tax bill shall bear interest at the rate of eight percent (8%) per annum if not paid within thirty (30) days after issuance. If the certified cost is not paid, the tax bill shall be considered delinquent, and the collection of the delinquent bill shall be governed by the laws governing delinquent and back taxes. The tax bill from the date of its issuance shall be deemed a personal debt against the owner and shall also be a first lien on the property from the date the tax bill is delinquent until paid and shall be prima facie evidence of the recitals thereof and of its validity. No person shall enter private property to abate a nuisance unless the owner or occupant has consented to the entry, the Municipal Judge has issued a warrant for the entry, exigent or emergency circumstances exist, or by order of any court of jurisdiction.
Other Remedies. Nothing in this Section shall limit the right of the City to seek any other remedy allowed by law in addition to or in lieu of the remedy specified herein, including but not limited to an injunction. Any person or entity who fails to remove a nuisance after being notified to do so shall be guilty of an ordinance violation and may be charged in Municipal Court with the offense of "failure to abate a nuisance." Jurisdiction of the case shall proceed in all respects as in other cases of ordinance violations.
[Ord. No. 1068, 11-9-2015]
Any person, firm or corporation violating any provisions of this Article shall, upon conviction, be punished by a fine not exceeding five hundred dollars ($500.00), or by imprisonment not exceeding three (3) months, or by both such fine and imprisonment for each offense. A separate offense shall be deemed committed on each day during or which a violation occurs or continues.
[Ord. No. 1068, 11-9-2015]
No person shall cause or permit any grass, weeds or rank vegetation growth to attain a height in excess of seven (7) inches upon any property located within the City. Any owner who shall cause or permit any weeds or rank vegetation growth to attain a height in excess of seven (7) inches shall be deemed to have committed a public nuisance. Whenever private property abuts a public right-of-way or easement belonging to the City, or any public entity, and there exists in such right-of-way or easement a tree lawn or grassy area between the private property line and the midline of said right-of-way or easement, then such tree lawn or grassy area shall be considered, for purposes of this Section requiring cutting of weeds or rank vegetation, to be a part of the private lot which abuts the right-of-way or easement, and it shall be the duty of those responsible under this Section for the maintenance of the private lot to equally maintain the tree lawn or grassy area within the abutting right-of-way or easement, and all of the provisions of this Section shall apply with equal force and effect to said tree lawn or grassy area. "Grass, weeds or rank vegetation" shall not be deemed to include any genuine agricultural product or crop that is grown for agricultural purposes.
Exceptions. The following exceptions to this Section shall apply as set forth below:
"NU" Non-Urban District Zoning. On properties of three (3) acres or greater having "NU" Non-Urban District Zoning, this Section shall apply only to:
"M-1" And "M-2" Manufacturing District Zoning. Undeveloped and unused portions of property in the "M-1" or "M-2" Manufacturing District Zoning may be exempted in whole or in part from such portions of this Section by the City Council upon written petition if the City Council determines that the maintenance of weeds in excess of seven (7) inches on such portions of the property would not be a hazard to public safety, cause a harm to nearby property owners, or contribute to the decline of property values. The visibility from the rights-of-way and proximity to residences shall be a factor considered in reviewing an exemption request. This exemption shall not apply to any property within five (5) feet of any sidewalk or other public improvement.
In addition to the remedial provisions set forth in this Section and in order to protect, promote and preserve the public health and safety, it is hereby declared that any person owning any lot within the City and permitting or suffering a growth of weeds or rank vegetation thereon in excess of seven (7) inches from the soil shall be deemed to be in violation of this Section and shall be punished upon conviction as provided in Section 100.220, General Penalty, of the Code of the City of St. James.
[Ord. No. 1068, 11-9-2015]
Whenever weeds or trash, in violation of an ordinance, are allowed to grow or accumulate, as the case may be, on any part of any lot or ground within the City, the owner of record of the ground, or in case of joint tenancy, tenancy by entireties or tenancy in common, each owner thereof, shall be liable.
The Mayor or his/her designee shall give a hearing after four (4) days' notice is sent, either personally or by United States Mail to the owner or owners, or the owner's agents, and after posting on the property at the property line with the date of hearing and the owner listed on the sign thereupon, the Mayor or other designated City Official may declare the weeds or trash to be a nuisance and order the same to be abated within five (5) business days after the hearing; and in case the weeds or trash are not removed within the five (5) business days after the hearing, the Mayor or other designated City Official shall have the weeds or trash removed, and shall certify the costs of same to the City Clerk who shall cause a special tax bill therefor against the property to be prepared and to be collected by the Collector, with other taxes assessed against the property; and the 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 Phelps County 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 nine percent (9%) per annum.
[Ord. No. 1068, 11-9-2015]
All dead or decaying trees, and all trees infected by a disease that is not promptly treated or that is not remediable, and that are within the fall zone of any property line or structure, or which constitute a danger to the health, safety, or welfare of the general public are hereby declared to be a public nuisance and shall be promptly taken down and removed from the premises by the owner or owners of any tract of land on which the same is situated. The stump shall also be removed down to ground level.
It shall be the duty of the Mayor or his/her designee to serve notice in accordance with this Article that such tree or trees shall be removed and the reasons therefor. The City shall perform the same duties and have the same powers and rights and shall give the same notices and conduct the same hearings as are provided pursuant to this Article.
Trees overhanging the street right-of-way which are on any property in the City shall be the responsibility of the owner or owners of the property for the purposes of this Article.
In addition to the remedial provisions set forth in this Section, and in order to protect, promote and preserve the public health and safety, it is hereby declared that any person failing to comply with the provisions of this Section shall be deemed to be in violation of this Chapter and shall be punished upon conviction as provided in Section 100.220, General Penalty, of this Code.
[Ord. No. 1068, 11-9-2015]
It shall be unlawful to maintain any tree, shrub, other vegetation growth or structure of any kind upon any corner lot in the City of Saint James in which the lot lines of the property adjoin two (2) intersecting streets in such a manner that the view of vehicular traffic in either direction at said intersection is obstructed.
Any tree, shrub, other vegetation growth or structure of any kind so situated, located and maintained on any such lot so as to obstruct the view of a motor vehicle on either intersecting street for a distance of forty (40) feet in each direction from the point of intersection of the curblines of such intersecting streets shall be deemed to be unsafe, hazardous and a public nuisance.
It shall be the duty of the Mayor or his/her designee to serve notice in accordance with this Article. The City shall perform the same duties and have the same powers and rights and shall give the same notices as are provided pursuant to this Article.
In addition to the remedial provisions set forth in this Section, and in order to protect, promote and preserve the public health and safety, it is hereby declared that any person failing to comply with the provisions of this Section shall be deemed to be in violation of this Article and shall be punished upon conviction as provided in Section 100.220, General Penalty, of this Code.
[Ord. No. 1068, 11-9-2015]
The emission or discharge into the open air of dense smoke within the City is hereby declared to be a public nuisance. The owners, lessees, occupants, managers or agents of any building, establishment or premises from which dense smoke is so emitted or discharged shall be deemed guilty of a misdemeanor, and upon conviction thereof in any court of competent jurisdiction shall pay a fine of not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00). Each and every day whereon such smoke shall be emitted or discharged shall constitute a separate offense; provided, however, that in any suit or proceeding under this Section, it shall be a good defense if the person charged with a violation thereof shall show to the satisfaction of the jury or court trying the facts that there is no known practicable device, appliance, means or method by application of which to his/her building, establishment or premises the emission or discharge of the dense smoke complained of in that proceeding could have been prevented.