A. 
For the purposes of this Article, the terms set out in this Subsection A shall have the following meanings:
CODE ENFORCEMENT OFFICER
The official, or his/her designee, appointed by the Mayor with the approval of a majority of the Board of Aldermen under Section 115.230 of the Municipal Code, who shall have the authority to investigate the existence of public nuisances and undertake nuisance abatement under this Article.
HEARING OFFICIAL
An official, or his/her designee, designated by the Mayor to preside over hearings regarding the existence of a public nuisance under this Article.
INTERESTED PARTIES
All owners and occupants, lessees, lienholders, mortgagees, and all other persons having an interest in the property as shown by the records of the St. Charles County Recorder of Deeds.
PROPERTY
One (1) or more lots, tracts, or areas of land.
B. 
The following are declared to be public nuisances:
1. 
All decayed or unwholesome food offered for sale to the public or offered to the public at no charge.
2. 
All diseased animals running at large.
3. 
All stagnant water in ponds or pools.
4. 
Carcasses of dead animals not buried or destroyed within twenty-four (24) hours after death.
5. 
Accumulations, wheresoever they may occur, of manure, rubbish, trash, garbage, refuse, junk and human and industrial, noxious or offensive waste, except the normal storage on a farm of manure for agricultural purposes. Accumulations also include partially dismantled or wrecked motor vehicles, equipment or machinery, causing or threatening to cause an environmental or 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.
6. 
Garbage cans which are not fly-tight, that is, garbage cans which do not prevent the entry of flies, insects and rodents.
7. 
The pollution of any well, cistern, spring, underground water, stream, lake, canal or body of water by sewage or industrial wastes or other substances harmful to human beings.
8. 
Dense smoke, noxious fumes, gas and soot, or cinders in unreasonable quantities, or the presence of any gas, vapor, fume, smoke, dust or any other toxic substance on, in or emitted from the equipment of any premises in quantities sufficient to be toxic, harmful or injurious to the health of any employee or to any premises, occupant or to any other person.
9. 
Common drinking cups, roller towels, combs, brushes or eating utensils in public or semi-public places where not properly sanitized after use.
10. 
Any vehicle used for septic tank cleaning which does not meet the requirements of this Municipal Code of the City of Dardenne Prairie, Missouri.
11. 
Any vehicle used for garbage or rubbish disposal which is not equipped with a watertight metal body and provided with a tight metal cover or covers and so constructed as to prevent any of the contents from leaking, spilling, falling or blowing out of such vehicle at any time, except while being loaded, or not completely secured and covered so as to prevent offensive odors from escaping therefrom or exposing any part of the contents at any time.
12. 
Any and all infestations of flies, fleas, roaches, lice, ticks, rats, mice, snakes, or vermin of any kind, fly maggots, mosquito larvae and hookworm larvae.
13. 
Unlicensed dumps and licensed dumps not operated or maintained in compliance with the Municipal Code of the City of Dardenne Prairie, Missouri, and the Statutes of the State of Missouri.
14. 
No person shall discharge or cause to be discharged into a stormwater system any waste materials, liquids, vapor, fat, gasoline, benzene, naphtha, oil or petroleum product, mud, straw, lawn clippings, tree limbs or branches, metal or plastic objects, rags, garbage or any other substance which is capable of causing an obstruction to the flow of the storm system or interfere with the proper operation of the system or which will pollute the natural creeks or waterways.
15. 
The open storage of inoperable vehicles or other vehicles deemed by the City to constitute a public safety hazard. Nothing in this Subsection (B)(15) shall apply to a vehicle which is completely enclosed within a locked building or locked fence 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 or towing facility so long as the business is operated in compliance with its business license and the property is in compliance with applicable zoning ordinances. Nothing in this Section shall apply to construction and agricultural equipment which is not required to be licensed for travel on public roads and which is placed and/or stored in compliance with all other ordinances of the City.
a. 
No automobile repair business or automobile dealer or storage facility may have vehicles that are in a state of being dismantled in plain view.
b. 
Automobile repair businesses and storage facilities shall not store unregistered vehicles in the public view. To the extent that automobile dealerships, except new motor vehicle franchise dealerships, perform repair services for the public at large or repair vehicles owned by the owner or operator of such dealership, unregistered vehicles in need of or awaiting repair shall not be stored in public view by such dealership. All such vehicles must either be stored inside a building or within a fenced and screened area behind the front building line of the business. In the case of a storage facility, the fenced area must be screened from view from adjacent public or private property.
16. 
All other acts, practices, conduct, business, occupation, callings, trades, uses of property and all other things detrimental or certain to be detrimental to the health of the inhabitants of the City of Dardenne Prairie.
C. 
Unlawful To Cause, Maintain Within City Or One-Half Mile Thereof. It is unlawful for any interested party to cause, permit or maintain a nuisance on any property within the City of Dardenne Prairie or within one-half (1/2) mile of the corporate limits of the City of Dardenne Prairie, Missouri. Additionally, it is unlawful for any person or his/her agent, servant, representative or employee to cause or maintain a nuisance on the land or property of another with or without permission.
A. 
As used in this Section, the following terms shall mean as follows:
ACCESSORY BUILDING
A subordinate building customarily incidental to and located on the same lot occupied by a main building, subordinate in area, extent, or purposes to the main building, limited to and contributing to the comfort, convenience or necessity of the occupants of the main building. For the purposes of this Section, an accessory building differs from a temporary storage device, portable on-demand storage unit and storage shed in that it is constructed pursuant to a building permit, and is permanently affixed to realty.
PORTABLE STORAGE UNIT
A container designed, constructed and commonly used for non-permanent placement on property for the purpose of temporary storage of personal property.
STORAGE SHED
A prefabricated structure designed, intended and installed on property primarily for the long-term storage of yard, pool and garden equipment and similar personal property.
STORAGE TRAILERS
Includes trucks, trailers and other vehicles or parts of vehicles designed to be hitched or attached to trucks, tractors or other vehicles for movement from place to place used as a temporary storage device.
B. 
It shall be unlawful and deemed a public nuisance for any person to park, place or suffer placement of a portable storage unit upon any lot or property in the City of Dardenne Prairie other than on a concrete, asphalt or other improved surface.
C. 
It shall be unlawful and deemed a public nuisance for any person to park, place or suffer placement of a portable storage unit upon any lot or property in the City of Dardenne Prairie for more than fourteen (14) consecutive days or on more than three (3) occasions in any twelve-month period.
D. 
A permit may be obtained from the City of Dardenne Prairie to extend the fourteen-day time frame, on only one (1) occasion, for no more than fourteen (14) additional days for an administrative fee of twenty-five dollars ($25.00). A permit must be obtained for each portable storage unit.
E. 
This Section shall not apply to the use or placement of construction trailers and equipment on property in association with ongoing construction activities carried out pursuant to a valid building permit, nor to the placement of permitted accessory buildings or storage sheds.
A. 
Initial Investigation Of Nuisances. Whenever a complaint is made to a Law Enforcement Officer, the Code Enforcement Officer, or other official of the City regarding the existence of a public nuisance, the Code Enforcement Officer shall promptly cause to be inspected the property on which it is alleged that such public nuisance exists.
B. 
Summary Abatement Of Nuisances. After investigation of the alleged public nuisance, if the Code Enforcement Officer determines that a public nuisance exists and poses an immediate specifically identified risk to public health or safety, the Code Enforcement Officer may immediately abate the public nuisance. Such abatement costs shall be certified by the City Clerk and assigned to the annual real estate tax bill for the property. When summary abatement is authorized, prior notice of the abatement to any interested party is not required. Following summary abatement, the Code Enforcement Officer shall cause to be posted on the property at which the nuisance abatement occurred a notice describing the action(s) taken to abate the nuisance. If the public nuisance involves a dangerous building, the City shall follow the procedures in Chapter 505 of the Municipal Code.[1]
[1]
Editor's Note: See Ch. 505, Dangerous Buildings.
C. 
Abatement Of Nuisances In Other Cases. Upon receiving a complaint, or as a result of investigation by the Code Enforcement Officer, whenever the Code Enforcement Officer has probable cause to believe that a public nuisance exists and summary abatement under Subsection (B) is not required, the Code Enforcement Officer shall cause written notice to be delivered by personal service, first-class mail, certified mail, return receipt requested, to both the occupant of the property at the property address and the owner of property at the last known address of the owner, if not the same. Such notice shall contain:
1. 
A statement that the Code Enforcement Officer has probable cause to believe that a public nuisance exists at the property in violation of this Article;
2. 
A specific description of each condition of the lot or land declared to be a public nuisance;
3. 
Identification of the action required to remedy the public nuisance;
4. 
An order to abate or commence removal of each condition identified in the notice within a reasonable time, but not less than ten (10) days;
5. 
An order that if the property continues to be used in such a manner, a hearing will be held before the Hearing Official to determine the existence of a public nuisance at the property, and, if a public nuisance is determined to exist at the property, the Hearing Official will determine an appropriate penalty, including, but not limited to, an abatement order and/or an order that the property may not be occupied for a period not to exceed one (1) year; and
6. 
That the hearing may be held without the presence of any interested party. If any interested party's address is unknown and cannot be located, notice may be given by posting at the property and publication in a newspaper of general circulation in the City, once per week for two (2) consecutive weeks.
D. 
After reasonable time to pursue removal or abate the nuisance, if the Code Enforcement Officer has probable cause to believe that a public nuisance continues to exist at the property, the Code Enforcement Officer shall cause a second notice to be served on the owner and occupant of the property in accordance with the procedures of Subsection (C). Said notice shall advise the owner and occupant that:
1. 
The Code Enforcement Officer believes that a public nuisance continues to exist at the property; and
2. 
The Hearing Official will hold a hearing at a specified date and time, not sooner than ten (10) days after the date of the second notice, and at a location specified in the notice, to determine whether a public nuisance exists at the property.
E. 
Hearing.
1. 
The Hearing Official shall conduct a full and adequate hearing upon the question of whether a public nuisance exists. At the hearing, interested parties may be represented by counsel, and all interested parties shall have an opportunity to be heard and present such evidence as is relevant to a determination of:
a. 
Whether a public nuisance exists or not;
b. 
Whether the procedures required by this Article have been substantially followed; and
c. 
Whether the interested party(ies) knew of the existence of the public nuisance at the property.
2. 
The testimony shall be under oath, which may be administered by the Hearing Official, and a written record of the hearing may be prepared by a reporter, the cost of which shall be borne by the party requesting the creation of the record. In lieu of a written record of the hearing, the Hearing Official may order that an audio recording of all testimony be made and a copy thereof preserved and, if needed, subsequently transcribed, which record then shall be used for all purposes the same as a transcript reported by a reporter.
F. 
Order Of The Hearing Official. After hearing all evidence, the Hearing Official shall issue an order making specific findings of fact and conclusions of law, based upon competent and substantial evidence, finding whether a public nuisance exists or not at the property. All such orders shall be in writing, state the evidence supporting the order, and shall be delivered to the owner and occupant of the property by first-class mail, certified mail, return receipt requested, personal delivery, or by publication to any owner or occupant whose address is unknown, and if notice is published or such order provides that the property shall be closed for a certain period, then such order shall also be posted at the property.
G. 
If the Hearing Official finds and determines that a public nuisance exists at the property, he/she may order that the public nuisance be abated. The Hearing Official shall set a reasonable time frame, based upon the character of public nuisance, in which such abatement must be completed. The Hearing Official, upon written application by the owner or occupant, may grant additional time for an owner or occupant to effect the abatement of the public nuisance, provided that such extension is limited to a specific time frame. If the owner or occupant fails to abate the public nuisance within such time frame, the City may enter onto the affected property to abate such public nuisance, and all costs incurred by the City shall be the responsibility of the interested party(ies). Further, if the Hearing Official finds that the interested party(ies) knew of the existence of the public nuisance at the property or failed to abate the public nuisance after being ordered to do so, the Hearing Official may also order, in lieu of City abatement, that the property be closed and not occupied or used for a period of time not to exceed one (1) year.
H. 
Appeals. Any interested party may appeal the decision of the Hearing Official pursuant to the procedures of Chapter 536, RSMo., as amended, within thirty (30) days of the date an order is issued.
I. 
Costs To Be Certified. The costs of performance of the abatement order and the proof of notice to the owner of the property 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 with other taxes assessed against the property. 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 the date of its issuance shall be deemed a personal debt against the property owners and shall also be a lien on the property from the date the tax bill is delinquent until paid. Each special tax bill shall be issued by the City Clerk and delivered to the City 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.
J. 
The closure of any property pursuant to this Article shall not constitute an act of possession, ownership or control by the City of the closed property.
K. 
Nothing contained in this Article shall relieve the interested parties of any property from complying with the building, fire, property maintenance, and zoning codes or any other ordinance that regulate the condition or use of the property.
A. 
Unlawful Acts.
1. 
It shall be unlawful for any person to:
a. 
Cause or maintain any public nuisance.
b. 
Fail to obey an order to cease and/or abate a public nuisance issued pursuant to this Article.
c. 
Occupy, use or permit any other person to occupy or use any property ordered closed pursuant to this Article.
d. 
Damage or remove any notice or order posted at any property pursuant to this Article.
2. 
Any persons who shall commit such unlawful acts or otherwise violate this Article shall be deemed guilty of an offense and upon each conviction within a twelve-month period shall be punished by a fine of two hundred dollars ($200.00) for the first violation, two hundred seventy-five dollars ($275.00) for the second violation, three hundred fifty dollars ($350.00) for the third violation, and four hundred fifty dollars ($450.00) for the fourth and any subsequent violations. Each and every day any violation of the provisions of this Article continues shall constitute a separate offense.
B. 
In addition to any and all other remedies available to the City under this Article, in law or in equity, the City Attorney, or such other person authorized by the Board of Aldermen, is authorized to initiate a civil action to cause the abatement or removal of any public nuisance under this Article or any other ordinance of this City, or under the laws of the State of Missouri.
C. 
In the event the City initiates a civil action to cause the abatement or removal of any public nuisance, the City shall be authorized to seek the award of costs and reasonable attorneys' fees upon the successful prosecution of such civil action from the court.