[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.
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.
17.
The keeping on any property, street or highway for a period
longer than ten (10) days of any derelict vehicle, or parts thereof,
defined as:
a.
Any partially dismantled vehicle.
b.
Any non-operating vehicle.
c.
Any wrecked or junked vehicle.
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.
(6) Violations of the provisions of this Section or failure to comply with any of its requirements shall be punishable as provided in Section
100.220.
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.
d.
Any person who shall violate or fail to comply with the provisions of this Subsection
(A)(19) may, upon conviction thereof, be punished as provided in Chapter
100, Article
III, of this Code.
[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]
The following definitions are to be used in Chapter
215, Nuisances.
NOXIOUS WEEDS
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).
WOODED AREA
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.")
[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.