[R.O. 2016 § 215.010; Ord. No.
486 § 1, 4-20-2016[1]]
For the purposes of this Chapter, the following terms shall
have the meanings as set forth below.
Putting an end to, or terminating the nuisance, whether through
repair, remediation or removal.
A calendar day, as differentiated from a "business day" which
means any day other than a Saturday, Sunday, or legal holiday.
[Ord. No. 497 § 3, 8-17-2016]
A qualified person appointed annually by the Board of Aldermen.
[Ord. No. 497 § 3, 8-17-2016]
An action or inaction that is:
An offense against the public order and economy of the City;
A violation of the public's right to life, health, and the use
of property; and/or
Annoying, injurious, endangering, rendering insecure, interfering
with, or obstructing the rights or property of the whole community,
or neighborhood, or of any considerable number of persons.
A toilet facility wherein the waste is deposited without
flushing into a permanently-installed receptacle. Shall also include
septic systems.
[1]
Editor's Note: Former Chapter 215, Nuisances, containing Sections 215.010 through 215.055, derived from R.O. 2011 §§ 215.010 - 215.020, - 215.050 - 215.055; Ord. No. 98-9 § 1, 4-1-1998; Ord. No. 01-37 § 2, 3-7-2001; Ord. No. 239 § 1, 2-7-2007; Ord. No. 285 § 1, 2-18-2009; Ord. No. 371 § 1, 9-19-2012; Ord. No. 419 § 1, 2-19-2014 was repealed 4-20-2016 by § 1 of Ord. No. 486.
[R.O. 2016 § 215.020; Ord. No.
486 § 1, 4-20-2016]
No person shall cause, permit, keep or maintain any nuisance,
as defined by the laws of this State or provisions of the City's ordinances,
nor shall any person contribute to the causing, committing, keeping
or maintaining of any such nuisance within the City of Twin Oaks or
within one-half (1/2) mile thereof as prescribed by Section 71.780,
RSMo. No person shall fail or refuse to abate or remove a nuisance
within the time required by the City as specified in this Article.
Each day that a nuisance shall be maintained constitutes a separate
offense.
[R.O. 2016 § 215.030; Ord. No.
486 § 1, 4-20-2016]
A.
In addition to any other act declared by State Statute, common law
or ordinance to be a nuisance, and although not an exhaustive list,
the following are declared to be nuisances affecting health:
1.
All decayed or unwholesome food offered for sale or at no charge
to the public.
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 twelve
(12) hours after death.
5.
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 not piled or stacked twelve (12)
inches off the ground, 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.
6.
Privy vaults, garbage cans or other waste containers that 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,
siltation or other substances harmful to human beings or other property.
8.
Dense smoke, noxious fumes, gas and soot, or cinders in unreasonable
qualities, 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.
(Reserved)
[Ord. No. 19-04, 2-27-2019]
10.
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.
11.
Any and all infestations of flies, fleas, roaches, lice, ticks,
rats, mice, fly maggots, mosquito larvae and hookworm larvae.
12.
Unlicensed dumps, and licensed dumps not operated or maintained
in compliance with the ordinances of the City of Twin Oaks and the
laws and regulations of St. Louis County or of the State of Missouri.
13.
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.
14.
Aboveground storage tanks or other containers for gasoline or
other volatile fluid.
15.
The open burning of leaves and residential brush as prohibited
pursuant to Missouri 10 CSR 10-6.045.
16.
Anything 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.
17.
Perforated, punctured, ruptured, broken, cracked or leaking
sanitary sewer or water lateral lines.
18.
Perforated, punctured, ruptured, broken, cracked, downed or
leaking private or public utility lines, including, but not limited
to, electricity, sewage, water and natural gas.
19.
The removal or destruction of vegetation or the failure to establish
or maintain such vegetation on property within the City of Twin Oaks
so as to cause or be likely to cause damage to, or otherwise adversely
affect, adjoining private or public streets, storm sewers or properties
due to soil erosion or siltation.
20.
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.
21.
All substances which emit or cause foul, obnoxious, unhealthy
or disagreeable odors or effluvia in the neighborhood where they exist.
22.
Abandoned, discarded, or unused objects or equipment, including,
but not limited to, automobiles, furniture, and household appliances.
23.
The failure to properly maintain the exterior of buildings, structures and surrounding premises in compliance with the City of Twin Oaks' Property Maintenance Code, Section 500.090, as amended.
24.
All other acts, practices, conduct, businesses, occupations,
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 Twin Oaks.
[R.O. 2016 § 215.040; Ord. No.
486 § 1, 4-20-2016]
The City Clerk is authorized to provide for the abatement of
a condition on any lot or land on which a nuisance exists as provided
in this Article, 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.
[R.O. 2016 § 215.050; Ord. No.
486 § 1, 4-20-2016]
In cases where it reasonably appears that there is an immediate
danger to the health, safety or welfare of the public due to the existence
of a nuisance, the City Clerk shall have the authority to order the
immediate abatement of the nuisance in an appropriate manner or the
immediate vacation of the vicinity.
[R.O. 2016 § 215.060; Ord. No.
486 § 1, 4-20-2016]
A.
Notice. If the City has reason to believe that a nuisance is being
maintained within its jurisdiction, the City shall:
1.
First Notice (Request To Abate). Notify the person causing,
maintaining or permitting the nuisance and request the person resolve
the issue within a reasonable time depending on the circumstances
but in no instance, other than an emergency, less than ten (10) days
of receiving such notice. This notice shall be given in writing either
personally by hand-delivery or by first class United States Mail to
the owner of the property and, if the property is not owner-occupied,
to any occupant of the property and shall specifically describe each
condition of the property declared to be a public nuisance and what
action will remedy the nuisance. For owner-occupied property, notice
may be given to the owner or owners at their last known address, or
the owner's agents. The notice may also include the option to contact
the City and set up a meeting with the City Clerk within the allotted
time. The notice shall also state that upon non-compliance, the City
will conduct a hearing.
[Ord. No. 497 § 3, 8-17-2016]
2.
Second Notice (Notice Of Hearing). If necessary because of a
failure to abate the nuisance, a second notice complying with the
notice procedures in the previous Subsection shall be sent to inform
the addressee of the date, time, and place of the scheduled hearing
which shall be no sooner than ten (10) days after such notice. At
a minimum, the notice should explain that at the hearing the City
will present its evidence, and the addressee shall be provided an
opportunity to be heard and present evidence as to why the condition
should not be deemed a nuisance.
[Ord. No. 497 § 3, 8-17-2016]
3.
The City's failure to strictly comply with the notice requirements
in this Section shall not invalidate any actions taken hereunder.
B.
Hearing. The hearing shall be conducted in accordance with the administrative
procedure requirements under Chapter 536, RSMo., and shall be recorded,
and all such parties shall be given an opportunity to be heard and
present evidence as to whether the condition maintained on the property
constituted a nuisance. Should the Hearing Officer find a nuisance
pursuant to this Article, the person(s) found to have caused the nuisance
shall be ordered to abate the nuisance and given a reasonable period
of time to do so. The order to abate the nuisance shall be in writing
specifying the grounds for the order and the date by which the nuisance
must be abated. Such order shall either be provided at the hearing
or shall be served to the affected persons either personally or by
First Class United States Mail as soon thereafter as practicable.
C.
Failure To Abate. In the event that the nuisance is not removed prior
to the expiration of the time allotted in the order to abate, the
City may cause the nuisance to be removed. If the City abates the
nuisance it shall certify the costs of the nuisance removal to the
City Clerk.
D.
Special Tax Bill. If the City causes such condition to be removed
or abated, the cost of such removal or abatement and the proof of
notice to the owner of the property shall be certified to the City
Clerk or officer in charge of finance. 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 and the actual cost for drafting, issuing
and recording the tax bill. Such tax bills if not paid when due shall
bear interest at the rate of eight percent (8%) per annum or the statutory
rate, whichever is higher. 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 lien
on the property from the date the tax bill is delinquent until paid.
[Ord. No. 497 § 3, 8-17-2016]
E.
Preservation Of Rights And Remedies. Nothing in this Section shall
limit the right of the City to seek any other remedy or enforcement
process available in law or equity in addition to or in lieu of the
remedy specified herein.
[R.O. 2016 § 215.070; Ord. No.
486 § 1, 4-20-2016]
Any person in physical possession and control of any animal
shall remove excreta or other solid waste deposited by the animal
in any public or private area not designated to receive such wastes,
including, but not limited to, streets, parking lots, public parks
or recreation areas and private property. The provisions of this Section
shall not apply to a guide dog accompanying any blind person.
[R.O. 2016 § 215.080; Ord. No.
486 § 1, 4-20-2016]
The City may issue a summons for any person who fails to remove
or abate a nuisance after such notice to abate and such failure shall
be a separate offense in violation of this Code. Each day that the
conditions causing the nuisance shall continue shall be a separate
offense. Jurisdiction of the case shall proceed in all respects as
in other cases of ordinance violations.
[R.O. 2016 § 215.090; Ord. No.
486 § 1, 4-20-2016]
In addition to any other remedies or penalties established by
law, the Mayor may, on behalf of the City and after approval by the
Board of Aldermen, apply to a court of competent jurisdiction for
such legal or equitable relief as may be necessary to require the
abatement of any nuisance defined by this Chapter. In such action
the court may grant such legal or equitable relief, including, but
not limited to, mandatory or prohibitory injunctive relief, as the
facts may warrant. Upon the successful prosecution of any such action,
the City may be awarded by the court reasonable attorneys' fees.
