[R.O. 2001 § 215.010; CC 1990 § 12-26; Code 1977 § 17.410; Ord. No. 91-6 § 2, 3-5-1991; Ord. No. 92-16 § 2, 8-11-1992; Ord. No. 94-14 §§ 2 – 3, 12-6-1994; Ord. No. 97-01 § 2, 1-7-1997; Ord. No. 05-01 § 1, 3-1-2005; Ord. No. 09-16 § 1, 11-3-2009]
A.
In addition to any other act declared to be a nuisance by this Code or other ordinances of the City, nuisances are hereby defined and declared to be as follows:
1.
Any act done or committed, or suffered to be done or committed, by any person, or any substance or thing kept, maintained, placed or found in or upon any public or private place which is annoying or damaging or injurious or dangerous to the public health or public safety or public welfare.
2.
Any business carried on or pursuit followed or act done by any person to the hurt, injury, annoyance, inconvenience or damage of the public or any member of the public.
3.
Any slaughterhouse in the City, or within one-half (1/2) mile from the corporate limits thereof, permitted by the person owning or having charge of the same to be in such condition as to become offensive, annoying, or injurious to the public health.
4.
Any pond or pool of unwholesome, offensive or stagnant water upon any premises and any foul or dirty water or liquid when discharged through any drain, pipe or spout, or thrown into or upon any street, thoroughfare or premises to the injury and annoyance of the public.
5.
Any privy or private vault kept in such a condition as to emit offensive, noxious or disagreeable odor, and any substance emitting an offensive, noxious, unhealthy or disagreeable effluvium in the neighborhood where it exists. Any carcass of a dead animal which the owner or keeper permits to remain within the City limits exceeding twenty (20) hours after death.
6.
Confining or keeping within the City any animals or fowl in any unclean or filthy pen, shed or other enclosure so as to be a nuisance.
7.
The keeping of hogs.
8.
The keeping of horses, mules, sheep, goats, or other livestock animals in or under any dwelling.
9.
Any cellar, vault, private drain, pool, privy, sewer or sink, upon any premises permitted to become nauseous, foul, offensive or injurious to the public health.
10.
Any bawdy house, or building or room to which persons are allowed or permitted by the owner, keeper or occupant to resort for the purpose of prostitution.
11.
The abandonment, neglect, or disregard of any premises so as to permit the premises to become unclean, with an accumulation of litter or waste thereon, or to permit the premises to become unsightly, unsanitary, or obnoxious or a blight to the vicinity, or offensive to the senses of users of the public way abutting the premises and so to continue for a period longer than ten (10) days.
12.
The maintenance, within the City of any well or cistern, the water of which is shown by chemical analysis to be of an impure or unwholesome nature or any unused well or cistern not covered, filled or securely covered.
13.
Any violation of this Code which, if continued, is liable to endanger, annoy or injure the public.
14.
Every act or thing done or made, permitted, maintained, allowed or continued on any property, public or private, by any person, his/her agent or employee which is liable to or does endanger, annoy, damage or injure any person or any inhabitant of the City or any property of said person or inhabitant.
15.
Direct, arrange or use exterior lighting in residential areas which glares, or is unusually directed or projects in excess of one-fourth (1/4) footcandle onto adjacent residential property, thereby adversely affecting the use and enjoyment of those persons who own, occupy or use the adjacent property. This Subsection shall not apply to:
a.
Lights owned or operated by any residential subdivision within the City or by any political subdivision of this State.
b.
Lights used during the holiday season commencing on Thanksgiving, the fourth Thursday in November, and ending January 8 in each year, commonly known as seasonal holiday lights.
16.
The keeping on any property, street or highway for a period longer than ten (10) days of any abandoned vehicle, or parts thereof, defined as:
a.
A vehicle, or parts thereof, which does/do not have displayed thereon a permanent license plate or set of plates issued for that vehicle indicating current registration by one (1) of the United States or its Territories; and
b.
For which no reasonable arrangements have been made with the owner or occupant of the premises on which it is located for its storage; or
c.
The owner has reasonably indicated by his/her words or actions his/her intent to leave the same and no longer claims ownership thereof.
18.
Parking Nuisances.
a.
The parking for longer than seventy-two (72) consecutive hours on any area, street, driveway or any other place or location within the City, except in an enclosed garage, of any motorcycle, boat, trailer, truck, camper, recreational vehicle, off-road vehicle or other motor vehicle, except an automobile, non-commercial van or non-commercial pickup truck which is used as a passenger vehicle.
b.
Regulation Of Portable Storage Units, PODS Or Similar Device.
| PODS: As used in this Subsection, PODS is an acronym and common name for portable on-demand storage units; a container designed, constructed and commonly used for non-permanent placement on property for the purpose of temporary storage of personal property. |
(1)
It shall be unlawful for any person to park, place or allow placement of a portable storage unit, PODS or similar device in or upon any street, highway, roadway, designated fire lane or sidewalk.
(2)
It shall be unlawful for any person to park, place or allow placement of a portable storage unit, PODS or similar device upon any lot or property in the City of Clarkson Valley other than on a concrete, asphalt or other improved surface.
(3)
It shall be unlawful for any person to park, place or allow placement of a portable storage unit, PODS or similar device upon any lot or property in Clarkson Valley for more than twenty-one (21) consecutive days or on more than three (3) occasions in any twelve-month period.
(4)
No person shall park, place or allow placement of a portable storage unit, PODS, or similar device without first obtaining a building permit. The permit shall approve the location on the property, the time period not to exceed those stated in this Section.
(5)
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 accessory buildings or storage sheds.
19.
The feeding of Canada geese and white-tailed deer within the City limits is prohibited.
a.
No person shall deposit, place, distribute or leave any food of any kind or nature that may be consumed by Canada geese and/or white-tailed deer on public or private lands within the City of Clarkson Valley.
b.
Any individual wishing to feed all other wild animals shall utilize a feeding container or other feeding device reasonably designed to prevent access to the food substance by Canada geese and/or white-tailed deer.
c.
The provisions of this Subsection (A)(19) shall not apply to any resident or agent of the City authorized to implement a wildlife management program and who possesses the necessary permits from Missouri Department of Conservation, nor shall it apply to any public officer or public employee in the performance of his or her duties. The provisions of this Subsection (A)(19) shall not apply to the feeding of domestic animals.
[R.O. 2001 § 215.020; CC 1990 § 12-27; Code 1977 § 17.410]
No person shall permit, cause, keep, maintain or create within the City any nuisance, as defined by State laws or City ordinances. This shall not be construed to interfere with any existing farm operation.
[R.O. 2001 § 215.030; CC 1990 § 12-28; Code 1977 § 17.410]
A.
If the City Officer responsible for enforcement of this Article has reason to believe that a nuisance is being maintained within the City, such officer shall notify the person causing, maintaining or permitting the same to forthwith remove, terminate or abate such nuisance within a reasonable time as determined by such officer after consideration of the nature of the nuisance and the actions necessary to remedy the situation. Such notice shall be given by first class United States mail or by posting a copy thereof on the property involved, and shall include a statement of the condition constituting such nuisance and those actions necessary to remove, terminate or abate same.
B.
Should the person so notified fail to remove, terminate or abate such nuisance within the time specified by such officer, the officer may cause the same to be promptly removed, terminated or abated and thereafter certify the cost of such corrective action 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 by the City Collector with other taxes assessed against the property. The special tax bill shall be a first lien against the property until paid and shall be prima facie evidence of the recitals thereof and of its validity. No mere clerical error or informality in such lien or in the proceedings leading to its issuance shall be a defense thereto. Such tax bill shall bear interest at the rate of eight percent (8%) per annum if not paid within thirty (30) days after issuance.
C.
Nothing in this Section shall limit the right of the City to seek any other remedy available under the provisions of this Chapter or provided elsewhere in this Code in addition to or in lieu of the remedy specified herein.
[R.O. 2001 § 215.040; CC 1990 § 12-29; Code 1977 § 17.410]
A.
The City shall make a complaint before the Municipal Judge against any person who fails to remove or abate a nuisance, whether the notice required by this Article has been served or not.
B.
Any person interested in the removal or abatement of any nuisance may make a complaint before the Municipal Judge.
[R.O. 2001 § 215.050; CC 1990 § 12-30; Code 1977 § 17.410]
A.
Following a complaint of a nuisance under Section 215.040, the Municipal Judge shall summon the owner or occupant of the property before him/her to answer the complaint.
B.
The Municipal Judge shall have jurisdiction of the case and proceed in all respects as in other cases of violation of this Code.
[R.O. 2001 § 215.060; CC 1990 § 12-31; Code 1977 § 17.410]
It shall be unlawful for any person, or any officer, agent, or employee of any corporation, within this City, to cause or maintain any nuisance defined in this Article, or in any other ordinance of this City, and it shall be unlawful for any person to fail or refuse to abate or remove the same within the time required and specified in the notice of the officer responsible for enforcement of this Article. Upon conviction, such person shall be punished as provided in Section 100.220, and every day such nuisance is maintained after such notice shall constitute a separate and distinct offense.
[R.O. 2001 § 215.070; CC 1990 § 12-32; Ord. No. 94-10 § 2, 7-5-1994]
Nothing in the preceding Sections shall be construed as abandoning or limiting the City's right to bring a civil cause of action for all expenses attending the abatement of a nuisance when performed by the City in the Circuit Court of St. Louis County, Missouri, 21st Judicial Circuit, in the name of the City against the person maintaining, keeping, creating or refusing to abate the nuisance so abated.
[R.O. 2001 § 215.080; Ord. No. 09-11, 9-1-2009[1]]
The following definitions are to be used in Chapter 215, Nuisances.
Canada thistle, common teasel, crown vetch, cut-leaved teasel, field blindweed, garlic mustard, Johnson grass, kudzu, marijuana, multiflora rose, musk thistle, purple loosestrife, and Scotch thistle (as may be amended from time to time by the United States Department of Agriculture).
Any parcel of land having more than five thousand (5,000) square feet of tree canopy coverage and where the tree canopy is primarily composed of trees equal to or larger than five (5) inches in DBH. (Note: In the United States, tree diameter is usually measured at 4.5 feet above ground level. Measurement at this height is referred to as "diameter at breast height" or "DBH.")
[1]
Editor's Note: This ordinance superseded former Art. II, Weeds, adopted Code 1977 § 12.080(1 – 10), as amended.
[R.O. 2001 § 215.081; Ord. No. 09-11, 9-1-2009]
No person having control of any lot of ground or any part of any lot or parcel of ground within the City shall allow or maintain on such lot or parcel of ground any growth of weeds or grass to a height of over seven (7) inches, unless the growth is in a wooded area. Lots used for pasture, farming, crops, timber, woods, prairie, or wetlands may not be required to comply with the provisions of this Section. In non-wooded areas, it shall be the duty of any person owning, leasing, occupying, or controlling any plot of ground in the City to prevent the growth of, and eliminate, noxious weeds and invasive plants, including, but not limited to, cockleburs, crown vetch, dandelions, garlic mustard, Japanese honeysuckle, Johnson grass, multiflora roses, purple loosestrife, ragweed, thistles (see "noxious weeds" in Section 215.080, Definitions). However, in these instances where a nuisance is determined to exist by the Building Commissioner or his/her designee, the person having control of said property or lot may be required to undertake the necessary maintenance to eliminate the growth. Those lots or parcels of real estate within any "C" Office District shall be governed by this Section.
[R.O. 2001 § 215.082; Ord. No. 09-11, 9-1-2009]
Ornamental grasses, bamboo and native plants are exempt from height restrictions on private property, if these grasses do not obstruct sight distance for vehicular, bicycle, or pedestrian traffic. Ornamental grasses and bamboo shall not be located within five (5) feet of an adjacent property owner's/owners' property line. The City shall maintain a list of permitted ornamental grasses and native plants.
[R.O. 2001 § 215.083; Ord. No. 09-11, 9-1-2009]
No person, whether owner, lessee, or occupant, having control, possession, or use of any lot or land, property or any part of any property not in a wooded area, shall allow dead trees, bushes, shrubbery, or debris to remain on such property. Dead trees, bushes, shrubbery, when cut down, or debris, must be promptly removed from the property and disposed of in such a manner as not to create a nuisance. It shall be the duty of those responsible under this Section for the removal of dead trees, bushes, shrubbery or debris from a private lot to also remove dead trees, bushes, shrubbery, or debris, from an abutting subdivision common ground or subdivision easement.
[R.O. 2001 § 215.084; Ord. No. 09-11, 9-1-2009]
No person, whether owner, lessee, occupant, or contractor shall allow or permit debris of any kind, including, but not limited to, weeds, grass, overgrown vegetation, dead trees, bushes or shrubbery to be placed, left, mechanically blown, swept, fall, or thrown onto any street, gutter, curb, road, lane, cul-de-sac, highway, open creek, stream, watercourse, public place, storm sewer, common ground, or right-of-way within the City limits. When complying with these sections in cutting, mowing, trimming of weeds, grass, rank vegetation growths, dead trees, bushes and shrubbery any such person shall promptly dispose of debris by removal or in such a manner as to not create a nuisance.
[R.O. 2001 § 215.085; Ord. No. 09-11, 9-1-2009]
A.
When the Building Commissioner or his/her duly authorized agent ascertains that noxious weeds and/or vegetation as set forth in this Article are growing on any property as described in Sections 215.090 and 215.100, he/she may cause a notice to be directed to the owner or other person in control of such lot or land that noxious weeds and/or other vegetation are growing thereon and must be destroyed, and that such destruction must be begun within seven (7) days after such notice is served and be completed within fifteen (15) days after such notice. The notice to the owner or other person in control of such lot or land shall be served in any one (1) of the following ways:
1.
By causing such notice to be delivered to such owner, agent, occupant or other person in control either in the City or elsewhere.
2.
By posting a copy of such notice upon the property in question, such notice to be deemed served at the end of twenty-four (24) hours after the posting thereof.
3.
By mailing such notice or copy thereof enclosed in a sealed envelope, postage prepaid, directed to such owner or other person in control of said property, either at his place of business or residence in the City or elsewhere, such notice to be deemed served twenty-four (24) hours after the mailing of such notice in case it is directed to the business or residence address of the owner or other person in control of such property, provided that if the owner or other person in control of such property be non-residents of the City, and have no addresses, then the notice shall be deemed served at the end of such period after the mailing thereof as in the ordinary course of transmission of the mail by the United States Government would be required, for the receipt of such notice by the owner or other person in control of such land at his or her place of residence.
B.
When the Building Commissioner or his duly authorized agent ascertains that dead trees, bushes, shrubbery, or debris remain on property as described in Section 215.110, abatement must be begun within seven (7) days after such notice is served and be completed within thirty (30) days after such notice. The notice to the owner or other person in control of such lot or land shall be served in any one (1) of the ways as set forth above.
[R.O. 2001 § 215.086; Ord. No. 09-11, 9-1-2009]
If the weeds, grass, overgrown vegetation, or dead trees, bushes or shrubbery or debris are not cut down and removed from such property on or before the date specified in Section 215.130, the Building Commissioner, or his/her designee, may, without further notice, have the same cut down and removed from such property. The Building Commissioner, or his/her designee, shall certify the cost of such cutting and removal to the City Clerk who shall cause the certified costs to be included in a special tax bill or added to the annual real estate tax bill for such property, at the Clerk's option, and the certified costs shall be collected in the same manner and procedure for collection of real estate taxes. 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 such laws applicable to delinquent and back taxes. The tax bill shall, from the date of its issuance, be deemed a personal debt against the owner of the property and shall also be a lien on the property until paid. The lien shall be enforceable in any manner provided by law and shall bear interest at the rate of eight percent (8%) per annum.
[R.O. 2001 § 215.087; Ord. No. 09-11, 9-1-2009]
As a part of the cost of cutting weeds, rank vegetation growth, dead trees, bushes and shrubbery pursuant to this Article, each lien issued under this Article shall include such reasonable administrative charges as are determined by the Building Commissioner for inspecting, giving notice for issuing and recording the lien.
[R.O. 2001 § 215.088; Ord. No. 09-11, 9-1-2009]
If the weeds, grass, rank vegetation growths, or dead trees, bushes, shrubbery, or debris are not cut down and removed from such property on or before the date specified in Section 215.130, the owner, lessee, or occupant of such property shall be deemed guilty of an ordinance violation and, upon conviction, shall be subject to penalties as provided for in Section 100.220 of this Code. Any person, whether owner, lessee, occupant, or contractor, who is found in violation of Section 215.120 shall be deemed guilty of an ordinance violation and, upon conviction, shall be subject to penalties as provided for in Section 100.220 of this Code.
[R.O. 2001 § 215.089; Ord. No. 09-11, 9-1-2009]
A.
In addition to any other remedy or procedure provided by Missouri Statute or City ordinances, if the owner of property has failed to begin or pursue without unnecessary delay, the removal of a nuisance and the City has removed or abated a public nuisance that has been declared to exist on any lot or land, as provided in the Ordinances of the City of Clarkson Valley, the cost of such removal or abatement may be added by the City to the annual real estate bill for the property and collected in the same manner and procedure for collecting real estate taxes.
B.
The Mayor is hereby authorized and directed to enter into such agreements with St. Louis County as are necessary or appropriate for St. Louis County to include such nuisance abatement fees with the tax bills sent each year by St. Louis County to residents of the City of Clarkson Valley, onto the tax bill of the owner of the property where said nuisance was removed or abated.
[R.O. 2001 § 215.090; Ord. No. 09-11, 9-1-2009]
Any owner, agent, occupant or person in control of any property described in Sections 215.090, 215.100, 215.110 and 215.120 who shall violate or fail to comply with any provisions of this Article, including failure to comply with the notice as described in Section 215.130, shall upon conviction be punished as provided in Section 100.220 of this Code. Each day of such violation shall constitute a separate offense as to each separate lot or tract of ground owned or controlled by such owner, agent, occupant or person in control of the property.
