It shall be unlawful for any owner, lessee or occupant or any
agent, servant, representative or employee of any such owner, lessee
or occupant having control of any occupied lot or land or any part
thereof in the City of Bel-Nor or within one-half (1/2) mile of the
corporate limits of the City of Bel-Nor, Missouri, to cause, permit
or maintain a nuisance on any such lot or land. 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. Each day that a nuisance shall
be maintained is a separate offense.
A.
The following conditions, acts and business operations are hereby
declared to be nuisances affecting public health:
1.
Stagnant water and water collected and allowed to stand for
more than thirty-six (36) hours and the presence of containers, old
tires, debris or other conditions which lend themselves to the collection
and retention of pools or puddles of water which may become stagnant.
This Subsection shall not include swimming pools, decorative or patio
ponds or fountains or other containers where the water is continuously
filtered, cleaned or cycled.
2.
Accumulations, wheresoever they may occur, of manure, rubbish,
garbage, refuse and human and industrial, noxious or offensive waste,
except the normal storage on a farm of manure for agricultural purposes.
3.
Any storage or accumulation on any premises or any open lot
of any lumber, bricks, stones, gravel, concrete, dirt, sand or similar
materials unless the same shall be stored in a permanently-constructed
structure which is fully enclosed.
4.
The presence of debris of any kind, including, but not limited
to, weed cuttings, cut and fallen trees and shrubs, rubbish and trash,
rocks or bricks, tin, steel, parts of derelict cars or trucks, broken
furniture, any flammable material which may endanger public safety,
or any material which is unhealthy or unsafe.
5.
Any accumulation, deposit or outside storage or any vehicular
or equipment parts, inoperable appliances and other equipment, junk
or material of any nature where said accumulation, deposit or outside
storage may constitute an attractive nuisance danger to children,
provide a breeding or nesting area for vermin, rodents and other animals,
or collect stagnant water.
6.
Any and all infestation of flies, fleas, roaches, lice, ticks,
rats, mice, fly maggots, mosquito larvae and hookworm larvae.
7.
The keeping of animals and fowls in any area within the City
where the keeping of such animals is not permitted or in any unclean
or filthy pen, shed or other enclosure.
8.
All diseased animals running at large.
9.
Carcasses of dead animals not buried or destroyed within twenty-four
(24) hours after death.
10.
Grass, brush and weeds more than seven (7) inches in height.
11.
Dead or dying trees.
12.
The shining of artificial light onto public or private property
as to be an annoyance, hurt, injury or inconvenience other persons.
14.
Any accumulation or storage of firewood in the front yard of
any lot, other than in a commercially manufactured decorative firewood
rack on the front porch, or in the rear yard of any lot unless evenly
piled or stacked either on open racks elevated not less than six (6)
inches above the ground or on a durably paved surface.
15.
The maintenance, storage or use of any furniture outside a fully
enclosed structure unless the furniture is designed and built for
exterior use and to resist damage and deterioration by the elements.
16.
Water or other liquid diverted from a sump pump which flows
onto streets and sidewalks.
17.
Any land disturbance activity or area where vegetation has been
cleared or has not been maintained or other condition which results
in the runoff of mud, dirt, rocks or any other material onto sidewalks,
streets, or other rights-of-way or into creeks, streams, drainage
ditches or any stormwater system or facility.
18.
The discharge onto any street, sidewalk or right-of-way or into
any creek, stream, drainage ditch or stormwater 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 water drainage
or the storm system or interfere with the proper operation of the
system or which will pollute the natural creeks or waterways or cause
a hazard to the public.
19.
Every privy, privy vault, cesspool, septic tank or other receptacle
of any kind containing human excrement which is overflowing, full,
insecure or in a defective condition or which emits offensive, noxious,
or unhealthful odor to the neighborhood or which permits discharges
in violation of State law or ordinance.
20.
Garbage cans which are not securely covered, which are leaking,
which are unsanitary, or which do not prevent the entry of flies,
insects and rodents and garbage cans which have been left or stored
along public roads, sidewalks, and rights-of-way in the City of Bel-Nor
for more than thirty-six (36) hours.
21.
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.
22.
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 the premises, occupant or to any
other person.
23.
Any vehicle used for septic tank cleaning which does not meet
the requirements of the Code of Ordinances for the City of Bel-Nor.
24.
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.
25.
The parking or storage of any derelict, unlicensed or non-functional
vehicle, trailer, boat, camper or other recreational vehicle unless
such storage is within an enclosed garage.
26.
The parking or storage of any vehicle, trailer, boat, camper
or other recreational vehicle anywhere other than on a durably paved
surface; for the purposes of this Section, "durably paved surface"
shall mean asphalt or concrete. However, any residence or business
establishment with a legally permitted gravel parking surface may
use such surface for parking of licensed and functional vehicles.
27.
All decayed or unwholesome food offered for sale to the public
or offered to the public at no charge.
28.
Unlicensed dumps and licensed dumps not operated or maintained
in compliance with the ordinances of the City of Bel-Nor or State
law.
29.
The presence of any graffiti displayed on exterior surfaces
of property. "Graffiti" is hereby defined as any word, phrase, motto,
name, design, symbol or picture written, scribbled, painted, drawn,
etched or scratched directly onto any portion of public property or
onto an exterior surface on private property.
30.
Any obstruction or encumbrance of any street, curb, alley, cul-de-sac,
sidewalk or right-of-way within the City by placing or causing to
be placed barricades, objects or other obstructions, including but
not limited to signs, boxes, stones, junk, portable basketball hoops,
etc., on such streets, curbs, alleys, culs-de-sac, sidewalks or rights-of-way
unless such placement is permitted by the City or permitted under
the provisions of this Code.
31.
Any business operation or establishment, although licensed or
permitted, which is operating in violation of any law, ordinance,
or permit or plan condition or which is causing or maintaining any
condition which is detrimental to the health, safety and welfare of
the inhabitants of the area.
32.
All other acts, practices, conduct, businesses, 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
Bel-Nor.
For the purpose of examining the sanitary condition thereof
and for the discovery and abatement of public nuisances therein, any
Code Enforcement Officer, police officer or other official, agent
or employee of the City is hereby authorized to inspect property from
any adjoining public property or from adjoining private property if
the owner of the neighboring private property has given consent to
such entry, and enter and inspect all property, buildings and parts
of buildings and other premises pursuant to lawful authority, which
shall include consent of the owner of the property, valid administrative
search warrant or in areas where the owner of which has no expectation
of privacy.
A.
Before any action is taken with respect to any nuisance, the Code
Enforcement Official shall give written notice to the person or persons
causing or maintaining such nuisance and shall order such person or
persons to abate the same within a reasonable time, not less than
ten (10) days, to be specified in such notice. If the City contemplates
abatement of the nuisance, then the notice shall also set forth the
date, time and place for hearing and shall order such person to appear
before the City's designee at such time and place as the Code
Official may direct to show cause, if any, why the nuisance should
not be abated.
B.
Written notice may be given by personal service or by first-class
mail to both the occupant of the property at the property address
and the owner at the last known address of the owner, if not the same.
If the notice is given by personal service, such notice may be served
by the Code Enforcement Officer or any police officer of the City.
A copy of such notice shall be kept by the officer serving the same
who shall make his or her written return thereon stating how, when,
on whom and where he or she served the same and subscribe his or her
name thereto. Such notice may be served by delivering the same to
the person or persons to be notified or a copy thereof left at the
usual place of abode of such person with a member of the family over
the age of fifteen (15) years, unless otherwise provided in this Chapter.
A.
Every person, occupant, tenant, owner or every officer or agent or
employee of any corporation or other entity who shall cause or maintain
any nuisance and who shall fail or refuse to abate or remove the same
within the reasonable time required and specified in the notice of
the Code Enforcement Officer shall be deemed guilty of an offense
and upon conviction thereof shall be punished as provided in this
Code. Each and every day such nuisance is maintained after such notice
shall constitute a separate and distinct offense punishable in such
manner.
B.
Any Code Enforcement Officer or police officer of this City is hereby
authorized to issue a citation requiring an appearance before the
Municipal Judge at the date and time specified in the citation. The
citation shall, in sufficient detail, describe the nuisance and state
the name of the person to appear. The form of the citation shall be
approved by the Municipal Judge. In lieu of a citation, any Code Enforcement
Officer or police officer of this City is hereby authorized to file
a complaint with the Municipal Prosecutor detailing the circumstances
of the nuisance and the person responsible therefor; such complaint
shall serve as a basis to file and issue an appropriate information
and summons to the person maintaining a nuisance in order to charge
and proceed in all respects in the Municipal Court as in other cases
involving violations of City ordinance.
Nothing in this Chapter or other ordinances relating to public
nuisances, including the failure to set forth a particular condition
as constituting a nuisance, or denominated by a particular ordinance
as offenses or prescribing penalties therefor shall be construed as
limiting or interfering with the duties and powers of any City Official
relative to the condemnation and abatement of any matter which in
law constitutes a public nuisance.
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 shall have authority to immediately abate
the nuisance in an appropriate manner.
A.
In addition to other remedies and enforcement procedures set forth
in this Code, the City may proceed to abate the nuisance in accordance
with the provisions of this Section.
1.
Nuisances caused by high grass, weeds, brush and vegetation
may be abated in accordance with the separate procedure for such nuisance
as set forth in this Chapter or in accordance with the provisions
of this Section.
2.
Nuisances caused by an accumulation of trash, litter and debris
may be abated in accordance with the specific procedure for such nuisance
as set forth in this Chapter or in accordance with the provisions
of this Section.
3.
For all other nuisances, the City shall proceed as follows:
a.
The Code Official shall issue a notice of the violation in accordance
with the provisions of this Chapter and shall include notice of hearing.
Every person required to appear shall have at least five (5) days'
notice thereof.
b.
The hearing shall be conducted by the City's designee.
If after hearing all the evidence it is determined that a nuisance
exists, the hearing officer shall order the person to abate the nuisance
within such time as he/she may deem reasonable. Such order shall be
served in the manner provided in this Section for service of the notice
of violation. The order may further provide that the appropriate City
Official be directed to abate the nuisance if the order is not obeyed
within the time period established, and that a special tax bill be
issued for the costs of abating the nuisance.
c.
The decision of the hearing officer may be appealed by filing
an appeal, on such forms as prescribed by the City, with the Board
of Aldermen within seven (7) days from the hearing officer's
decision. The appeal form shall set forth, at a minimum, the detailed
grounds for such appeal and such further information as requested
on the appeal form. The Board shall review the decision either, within
the Board's sole discretion, upon the record previously made
or upon a new hearing and shall issue a written decision to all parties;
such decision may be subject to judicial review in the Circuit Court
of St. Louis County by filing an appropriate Petition for Judicial
Review within fifteen (15) days of the Board's decision.
d.
Abatement By City — Issuance Of Special Tax Bill.
(1)
If the nuisance has not been abated within the established time
period, the appropriate City Official shall proceed to abate the nuisance
in the manner provided by the notice or order, and the cost of same
shall be assessed as a special tax against the property so improved
or upon which such work was done and shall be a lien against said
property. The City Clerk, or his or her designee, shall cause a special
tax bill to be issued therefor against the owner thereof when known,
and if not known, then against the unknown persons, and the certified
bills of such assessment shall describe therein the property upon
which the work was done.
(2)
The costs and expenses incurred by the City shall include the
actual costs billed by third parties performing the abatement and
paid by the City, costs billed by the City Attorney related to the
abatement and paid by the City, costs of mailing or publication of
notices, and costs related to time spent by City Personnel in performing
tasks related to the abatement and in preparation of the tax bill,
lien, or other paperwork (these costs shall be based on the time spent
in quarter of an hour increments multiplied by the hourly rate of
pay for the employee).
(3)
All City Departments shall determine and document the costs
and expenses related to abatement of a nuisance which shall be provided
to the City Clerk, or his or her designee, for proper billing of such
costs and expenses and for general oversight purposes.
e.
If the bill is not paid within the time period established for
payment, notice of a special tax lien may be recorded with the Recorder
of Deeds Office.
f.
The cost of abating nuisances on private property shall be levied
and assessed on each lot in proportion to the amount of work done
and material used in abating the nuisance located on each such lot.
In addition to the other methods of abatement and enforcement
as provided in this Code, a business license or other permit may be
suspended or revoked in the event that a business operation or establishment
is found to be maintaining a nuisance. The procedure to suspend or
revoke the business license or permit shall be the same as for abatement
of a nuisance.
In addition to the other remedies provided in this Code, if
a person has violated or continues to violate the provisions of this
Chapter, the City may petition for a preliminary or permanent injunction
restraining the person from activities which would create further
violations or compelling the person to perform abatement or remediation
of the violation. In addition, the City may utilize any other remedy,
at law or in equity, in order to enforce the provisions of this Chapter.
The City shall recover all attorneys' fees, court costs, and
other expenses associated with enforcement of this Section.
