Cross References — As to provision concerning animals to be public nuisances, see §210.120; as to keeping animals in buildings used for human habitation being declared public nuisance, see §210.030; as to excavations on property of being declared public nuisances, see §§525.150 — 525.170.
[Ord. No. 1976, 12-18-2018[1]]
A. 
As used in this Chapter, the following terms shall have the meanings indicated:
NUISANCE
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, on any public or private property that is injurious to the public health, safety or welfare; or
2. 
Any pursuit followed or act done by any person to the hurt, injury, annoyance, inconvenience, or danger of the public.
B. 
The above definition includes, but is not limited to, the following:
1. 
Any building or premises kept or maintained in a condition unhealthy or unsanitary to the public, including:
a. 
Any premises abandoned, neglected, or disregarded 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;
b. 
Any property, lot, use, building, or structure that is allowed by reason of lack of sufficient or adequate maintenance to fall below the same standards and level of maintenance as the surrounding properties and that depreciates the enjoyment and the use of the property in the immediate vicinity to such an extent that it is harmful to the community in which the property is situated or such conditions exist;
2. 
Any cellar or basement that is wet or damp from defective hydrants, water pipes, sewer pipes, cisterns, wells, gutters, drains or rainspouts;
3. 
Any stagnant, foul, or dirty water or liquid discharged or allowed to accumulate on public or private property or discharged through any sewer, drain pipe, or spout to the injury and annoyance of the public;
4. 
All privies or private vaults kept in such condition as to emit any offensive, noxious or disagreeable odor and all substances discharged therein emitting an offensive, noxious, unhealthy or disagreeable effluvia or resulting in the obstruction, contamination, or damage of a public sewer;
5. 
The keeping of animals of any kind, domestic or wild, upon any public or private place or premises in such a manner or condition that same constitute a hurt, injury, annoyance, inconvenience, or danger to the public or the residents of the vicinity;
6. 
Causing, keeping, maintaining, or permitting the accumulation of debris of any kind, weed cuttings, cut, fallen, dead, or hazardous trees and shrubs, overgrown vegetation and noxious weeds which are seven (7) inches or more in height, rubbish, garbage, and trash;
7. 
Causing, keeping, maintaining, or permitting the accumulation of lumber not piled or stacked at least twelve (12) inches off the ground, rocks or bricks, tin, steel, partly dismantled, wrecked, dilapidated, abandoned or non-operative automobiles, tractors, trailers or other motor vehicles or parts thereof, broken furniture, any flammable material that may endanger public safety, or any material or condition which is unhealthy or unsafe;
8. 
All trees, bushes, or vegetation located on private property which overhang a street or sidewalk and which obstruct the sight or passage of traffic or pedestrians, including any hedge, shrub, plant or other growth to a height greater than three (3) feet or a tree having any portion of a limb less than seven (7) feet above the ground within a triangle formed by the curb lines of intersecting streets and a line drawn between two (2) points located twenty-five (25) feet along each curb line measured from the point of intersection of the curb lines; and
9. 
Any condition resulting from the failure to construct or maintain privately owned streets in a safe operating condition.
C. 
In addition, the following terms shall have the following meanings:
ABATE
To remove, repair, replace, destroy, or otherwise act to eradicate the condition(s) causing or constituting a nuisance.
ENFORCEMENT OFFICER
The Building Commissioner and those delegated to enforce this Article.
OWNER
The owner or occupant of a property on which a nuisance exists.
[1]
Editor's Note: This ordinance repealed former Ch. 220, Nuisances, adopted and/or amended by Code 1955 §§ 20-1 through 20-2, 32-1 through 32-5, and as further amended.
[Ord. No. 1976, 12-18-2018]
No person shall create, cause, permit, maintain, or fail to abate a nuisance as defined in Section 220.010 hereof. Any person convicted of violating this Section shall be subject to punishment as provided in Section 100.180 of this Code.
[Ord. No. 1976, 12-18-2018]
A. 
Whenever the enforcement officer determines that a nuisance exists, the officer shall so declare and shall deliver written notice as provided herein.
1. 
The notice shall be sent via first class United States mail to the last known address of the owner of the property causing the nuisance or on which the nuisance is located.
2. 
Personal service shall also be attempted on any owner residing or present at the property causing the nuisance or on which the nuisance is located.
3. 
A copy of the notice shall also be posted in a prominent place on the premises.
4. 
The effective date of the notice shall be the date of personally delivering, or lacking same, three (3) days following the date of mailing.
B. 
Such notice shall:
1. 
Identify, by address or legal description, the property harboring the nuisance;
2. 
Specifically describe the nuisance condition(s), with reference to that portion of Section 220.010 being violated;
3. 
Order the abatement of such condition within a time specified, which shall not be less than ten (10) days nor more than thirty (30) days of the effective delivery of the notice by mail, except that if the nuisance consists of overgrown vegetation and noxious weeds seven (7) inches or more in height, or dead or damaged tress or plant materials, the notice may order abatement of the nuisance within five (5) business days of the effective delivery of the notice by mail.
4. 
Inform the owner that the failure to timely abate the nuisance may lead to:
a. 
Prosecution of the owner in Municipal Court, including the potential penalty for conviction under Section 100.180 of this Code;
b. 
Abatement of the nuisance by the City, at the owner's cost; and
c. 
Pursuit of an injunction or other alternative remedy against the owner, at the owner's cost, as permitted by Section 220.040 hereof.
C. 
The enforcement officer may extend the time for any nuisance abatement, either in the notice or after its delivery, to a date certain if circumstances justify an extension.
[Ord. No. 1976, 12-18-2018]
A. 
If an owner fails to abate the nuisance within the time allowed, the Enforcement Office may:
1. 
File a complaint with the City's prosecuting attorney for prosecution in the Municipal Court, provided that if the violation is corrected prior to the court date, the inspector may request the prosecuting attorney to dismiss the matter;
2. 
Abate, or effect the abatement of, the nuisance at the cost of the owner, having first secured, if necessary, an administrative warrant as provided in Section 135.110 hereof for entry onto private property; or
3. 
File suit in the St. Louis County Circuit Court to enjoin the owner to abate the nuisance, or to pursue any other equitable or legal remedy for such abatement, at the cost of the owner.
B. 
All costs and expenses incurred by the City in abating a nuisance shall be assessed against the property on which the nuisance is located and the owner as provided herein.
1. 
If the enforcement officer acts to abate the nuisance, or to effect its abatement:
a. 
The officer shall certify the costs of abatement, and the proof of notice to the owner required by Section 220.030 hereof, to the City Clerk or Finance Director;
b. 
The City shall assess the certified cost against the property and the owner by either including it in a special tax bill, delivered to the owner, or by adding it to the property's annual real estate tax bill for collection by St. Louis County;
c. 
The assessment shall be collected by the City or the County Collector in the manner and procedure allowed by law for collecting real estate taxes, including delinquent and back taxes if not timely paid; and
d. 
The assessment shall be deemed a personal debt against the owner from the date of its issuance and a first lien on the property and shall incur interest at the rate of eight percent (8%) or such higher rate as may be allowed by law, until paid;
e. 
Each assessment made under this Article shall also include such reasonable administrative charges as may be determined by the City Administrator for inspecting, giving notice, issuing and recording the special tax bill.
2. 
If an owner is convicted of violating Section 220.020 hereof, the Municipal Judge may order restitution of any costs incurred by the City in the abatement of the nuisance.
3. 
If the City files suit to enjoin the owner to abate the nuisance or to force or ensure its abatement, the City shall be entitled to its costs of filing and pursuing the action, including attorney fees, on the successful prosecution of same.
[Ord. No. 1976, 12-18-2018]
Nothing in this Section shall prohibit the City from pursuing any alternative remedy as may be necessary or convenient and allowed by law, in equity or law, for the abatement of a nuisance or the collection of abatement costs expended by the City, including but not limited to injunctive relief, a personal judgment and execution on special tax bills, equitable foreclosure or constructive trusts, or any other remedy.
[Ord. No. 1976, 12-18-2018]
A. 
In any nuisance prosecution, the Municipal Judge may provide in any judgment of conviction that if the same nuisance recurs within twelve (12) months after the date of the judgment, no further notice shall be required to sustain a subsequent prosecution, and the same defendant may be summoned on complaint and information into Municipal Court regarding the recurring nuisance.
B. 
If the nuisance consists of overgrown vegetation and noxious weeds seven (7) inches or more in height, and if same are allowed to grow on the same property in violation of Section 220.010(B)(6) more than once during the same growing season, the enforcement officer may, without further notification to the owner, cause the same to be abated, and the cost of abatement shall be assessed as provided in Section 220.040 hereof.
[Ord. No. 1976, 12-18-2018]
Notwithstanding anything herein to the contrary, the City may abate any nuisance in a summary manner when the nuisance immediately threatens the general health, safety, or welfare and reasonably requires immediate abatement. The cost of such summary abatement shall be assessed to the owner as provided in Section 220.040 hereof.
[Ord. No. 1976, 12-18-2018]
The following terms shall have the following meanings:
ABATE
To remove, repair, replace, destroy, or otherwise act to eradicate the condition(s) causing or constituting a criminal nuisance.
CRIMINAL NUISANCE
A continuing occurrence of more than one (1) of the following acts or physical conditions on a premises within twelve (12) months:
1. 
The illegal sale, manufacture, storing, possession, distribution, or use of narcotics or other controlled substances or precursors;
2. 
The illegal sale, manufacture, storing, possession, distribution, or use of drug paraphernalia or precursors;
3. 
The illegal sale, storing, possession, use, or distribution of firearms, weapons or explosive devices;
4. 
Prostitution;
5. 
Illegal gambling;
6. 
The illegal sale, distribution, or consumption of alcoholic beverages;
7. 
The violation of municipal, State, or Federal business licensing regulations; or
8. 
Any other condition or activity prohibited by the City Code or by State or Federal law and which is injurious or detrimental to the health, safety, welfare, or convenience of the inhabitants of the City.
ENFORCEMENT OFFICER
The Building Commissioner or other City officer designated to enforce this Article.
OWNER
The person or entity who owns, occupies, or has the care, custody, or control of premises used as a criminal nuisance.
PREMISES
Any parcel of real property, any building or structure located on real property, any personal property, such as a car, trailer, camper, etc., and any portion of the public way that abuts or supports such premises used as a criminal nuisance.
[Ord. No. 1976, 12-18-2018]
A. 
No owner shall fail to abate a criminal nuisance on any premises after notice as provided herein. Any person convicted of violating this Section shall be subject to punishment as provided in Section 100.180 of this code.
B. 
Whenever a criminal nuisance exists on any premises, the enforcement officer shall provide written notice as provided herein:
1. 
The notice shall be sent via first class United States mail to the last known address of the owner of the property causing the nuisance or on which the nuisance is located.
2. 
Personal service shall also be attempted on any owner residing or present at the property causing the nuisance or on which the nuisance is located.
3. 
A copy of the notice shall also be posted in a prominent place on the premises.
4. 
The effective date of the notice shall be the date of personally delivering, or lacking same, three (3) days following the date of mailing.
C. 
The notice shall:
1. 
Be accompanied by a copy of this Article;
2. 
Identify the activities or conditions constituting the nuisance;
3. 
Direct the owner to immediately abate the nuisance;
4. 
Inform the owner that any recurrence of the nuisance so specified or any occurrence of another criminal nuisance on the premises within the next following twelve (12) months may lead to Municipal Court prosecution and administrative enforcement under this Section; and
5. 
Provide the owner with a reasonable opportunity to meet with a City representative to discuss the nuisance and the need for abatement measures.
[Ord. No. 1976, 12-18-2018]
A. 
If additional criminal nuisance activity occurs on the noticed premises within twelve (12) months of the date of the notice, the City Administrator or the Administrator's designee may hold an administrative hearing to determine and declare the nuisance and to ensure its abatement. Administrative enforcement may be pursued in addition to or in lieu of criminal prosecution.
B. 
The City Administrator shall deliver a written notice of hearing to the owner, not later than thirty (30) days prior to the hearing date, as provided in Section 220.110(B)(1). The notice shall:
1. 
Be accompanied by a copy of this Article;
2. 
Identify the activities or conditions constituting the nuisance;
3. 
Direct the owner to immediately abate the nuisance; and
4. 
Provide the owner with a reasonable opportunity to meet with a City representative to discuss the nuisance, the need for abatement, and the hearing.
C. 
The City Administrator or the Administrator's designee shall serve as hearing officer and shall be represented by the City Attorney. The hearing officer may grant continuances on application and a finding of good cause and may issue subpoenas to secure the attendance and testimony of relevant witnesses and the production of relevant documents.
D. 
The hearing shall be conducted as follows:
1. 
The hearing officer shall:
a. 
Take all testimony under oath or affirmation;
b. 
Ensure that the hearing is recorded, whether by tape recording, digital recording, or a court reporter; and
c. 
Conduct the hearing in accord with Section 536.070, RSMo., with regard to the rules of evidence, objections, witnesses, judicial notice, affidavits as evidence, and the transcript requirements of the hearing;
2. 
The case for the City shall be presented by the prosecuting attorney, and the City shall prove, by a preponderance of the evidence, that criminal nuisance activity as defined herein has occurred and has recurred on the noticed premises within twelve (12) months of the date of the original notice;
3. 
Proof of a germane conviction for the violation of this Article shall be prima facie evidence of the occurrence or recurrence of criminal nuisance activity;
4. 
The owner may appear and be represented by an attorney, who shall file a written appearance with the hearing officer, and the owner may offer evidence and cross-examine the City's witnesses;
5. 
The owner shall have the opportunity to:
a. 
Contest the occurrence and recurrence of the criminal nuisance;
b. 
Show cause as to why, if a nuisance is found, administrative enforcement is not otherwise necessary or appropriate;
c. 
Submit evidence or argument concerning possible administrative remedies, and the severity and extent thereof, if a nuisance is found; and
d. 
Offer such further evidence and argument as may be relevant to the proceedings.
E. 
On conclusion of a hearing, the hearing officer shall issue findings of fact, conclusions of law and an order setting forth the hearing officer's determination.
1. 
If the hearing officer finds that the City has failed to carry its burden of proof on whether criminal nuisance activity has occurred or recurred, there shall be no administrative enforcement.
2. 
If the hearing officer finds that criminal nuisance activity has occurred and recurred, the hearing officer shall require that the owner implement reasonable measures designed to prevent the recurrence of the nuisance activity. Those measures may include, but are not limited to, making security improvements to the premises, hiring of licensed and insured security personnel, appointment of a receiver, the initiation and execution of eviction proceedings against tenants or occupants who engaged in the nuisance behavior, or the closing and boarding of the premises for a period not to exceed one (1) year.
3. 
The hearing officer's order shall inform the owner of the right to seek judicial review as provided in Sections 536.100 to 536.140, RSMo.
4. 
The City shall maintain a record of all criminal nuisance hearings, which shall include:
a. 
The recording of the testimony presented at the hearing;
b. 
All exhibits submitted as evidence at the hearing; and
c. 
A copy of the findings of fact, conclusions of law and order.
F. 
If the hearing officer determines that a nuisance exists and orders that the abatement of the nuisance requires closure of the subject premises, the following shall apply:
1. 
If the premises is occupied at the time of the order of closure, the building shall be deemed a nuisance, condemned and vacated. It is unlawful for any person to occupy or use any premises ordered to be closed under this Article, and any person convicted of violating this Section shall be subject to punishment as provided in Section 100.180 of this code.
2. 
Prior to any reoccupancy, the premises shall be inspected by all germane City, State and Federal inspectors, and the premises shall be in compliance with all applicable City, State and Federal health, safety, property maintenance and building regulations, including this Article.