[Ord. No. 1145, 7-8-2019[1]]
It shall be unlawful for any person, owner, lessee or occupant,
agent, entity, servant, representative or employee of any such owner,
having control of any lot or land in the City of Saint James, Missouri,
or within one-half (1/2) mile thereof, to cause, contribute, permit,
keep or maintain any nuisance, as defined by the laws of this State
or provisions of the Code of the City of St. James, Missouri. No such
person or entity shall fail or refuse to abate or remove a nuisance
within the time required by the City as specified in this Article.
Additionally, it is unlawful for any such person or entity 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 shall
constitute a separate offense, and upon conviction thereof shall be
punished as provided in the Code of the City of St. James and the
laws of this State.
[Ord. No. 1145, 7-8-2019]
A.
In addition to any other act declared by the Revised Statutes of
Missouri or provisions of the Code of the City of St. James and any
of its ordinances to be a nuisance or to be injurious, detrimental,
or dangerous to the public health, the following are declared to be,
but shall not be limited to, nuisances affecting health:
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 ponds or pools of stagnant water.
4.
Carcasses of dead animals not buried or destroyed within twelve
(12) hours after death.
5.
Accumulations, wheresoever they may occur, of debris of any
kind, including, but not limited to, weed cuttings, cut, fallen, or
hazardous trees and shrubs, lumber, rocks or bricks, tin, steel, parts
of derelict cars or trucks, broken furniture, appliances, manure rubbish,
garbage, refuse, any flammable material which may endanger public
safety or any material or condition which is unhealthy or unsafe.
6.
Privy vaults or garbage cans which are not fly-tight, that is,
privy vaults or 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 garbage or rubbish disposal which is not
equipped with a water-tight 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.
11.
Any and all infestations of flies, fleas, roaches, lice, ticks,
rats, mice, fly maggots, mosquito larvae and hookworm larvae.
12.
The keeping, possession, display, or offer for sale of any wild
animal within the City. For purpose of this Section, the term "wild
animals" shall include but not be limited to dangerous or exotic carnivorous
animals and bats, non-human primates, dangerous or poisonous reptiles,
foxes, raccoons, skunks, opossums and turtles, or any wild animal
crossbred to domestic dogs or cats.
13.
Unlicensed dumps, and licensed dumps not operated or maintained
in compliance with the ordinances of the City of Saint James and the
Statutes of the State of Missouri.
14.
Any and all discharges, either directly or indirectly, into
a storm water 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 the storm system or interfere with the
proper operation of the system, or which will pollute the natural
creeks or waterways.
15.
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
Saint James.
16.
Commercial above-ground storage tanks or containers for gasoline
or other volatile fluid must comply with Department of Natural Resources
and the Environmental Protection Agency for spill containment.
18.
All privies or private vaults not connected with a sanitary
sewer where available, or with an efficient septic tank in areas where
sanitary sewers are not available.
19.
Any dirt gathered in the cleaning of yards, waste from industrial
or business establishments, or any rags, damaged merchandise, wet,
broken or leaking barrels, casks or boxes, or any materials which
are offensive, or tend by decay to become putrid or to render the
atmosphere impure or unwholesome.
20.
Perforated, punctured, ruptured, broken, cracked, or leaking
sanitary sewer lateral lines.
21.
The removal or destruction of vegetation or the failure to establish
or maintain such vegetation within the City of Saint James so as to
cause or be very likely to cause damage to, or otherwise adversely
affect, adjoining private or public streets, storm sewers or properties
due to soil erosion or siltation.
22.
The keeping or allowing to remain on any premises any trees,
shrubs, or other vegetation infected with fungus or any other disease
that will or might spread to other non-infected trees, shrubs or other
vegetation.
23.
All dead, or decaying trees and all trees, dead limbs or branches
in trees that create a dangerous or unsafe condition to the public
or neighboring properties and all trees infected by a disease that
is not promptly treated or that is not remediable are hereby declared
to be a public nuisance and shall be promptly taken down and removed
from the premises by owner(s) or occupant(s).
24.
Any weeds, grass and brush exceeding seven (7) inches in height.
Any person owning or occupying any lot or tract of land in the City
shall remove promptly any tree limbs, fallen trees, accumulation of
fallen leaves, dead shrubbery and other kinds of yard waste, rubbish,
refuse and trash from such lot or tract of land. In no circumstance
shall any person owning or occupying any lot or tract of land in the
City cause or allow such tree limbs, fallen trees, accumulation of
fallen leaves, dead shrubbery and other kinds of yard waste, rubbish,
refuse and trash from such lot or tract of land to be placed in or
upon any abutting street or roadway. Whenever private property abuts
a public right-of-way or easement belonging to the City, or any public
entity, and there exists in such right-of-way or easement the lawn
or grassy area between the private property line and the midline of
said right-of-way or easement, then such lawn or grassy area shall
be considered, for purposes of this Section requiring cutting of weeds
or rank vegetation, to be a part of the private lot which abuts the
right-of-way or easement, and it shall be the duty of those responsible
under this Section for the maintenance of the private lot to equally
maintain the lawn or grassy area within the abutting right-of-way
or easement, and all of the provisions of this Section shall apply
with equal force and effect to the lawn or grassy area. "Grass, weeds,
or rank vegetation," shall not be deemed to include any genuine agricultural
product or crop that is grown for agricultural purposes.
25.
All substances which emit or cause foul, obnoxious, unhealthy
or disagreeable odors or effluvia in the neighborhood where they exist.
26.
Abandoned, discarded, or unused objects or equipment, including,
but not limited to, furniture and household appliances.
27.
The open storage of inoperable or unlicensed vehicles or other
vehicles deemed by the City to constitute a public safety hazard or
nuisance is prohibited. Nothing in this Section shall apply to a vehicle
which is completely enclosed within a locked building or locked fenced
area 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, towing or storage facility so long as the business
is operated in compliance with its business license and the property
is in compliance with applicable zoning ordinances.
28.
Any condition in violation of St. James City Code and ordinances
pertaining to the maintenance and condition of real property.
[Ord. No. 1145, 7-8-2019]
The City is authorized to provide for the abatement of a condition of any lot or land that has the presence of a nuisance as provided in this Chapter 215, including, but not limited to, any nuisance which may endanger public safety or which is unhealthy or unsafe and declared to be a public nuisance. Except for exigent or emergency circumstances, enforcement officials shall not enter and inspect private property without the consent of an owner or occupant of the property or pursuant to a warrant issued by the Municipal Judge or an order by any other court of jurisdiction. A warrant, however, shall not be required to enter and inspect any place where the public is invited or to use normal means of public access to the doors of residences.
[Ord. No. 1145, 7-8-2019]
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 Mayor or his/her designee shall have
the authority to order the immediate abatement of the nuisance in
an appropriate manner or the immediate vacation of the vicinity.
[Ord. No. 1145, 7-8-2019]
A.
Notice. If the Mayor, or his/her designee, has reason to believe
that a nuisance is being maintained within the City, the City shall
notify the person causing, maintaining or permitting the same to remove,
terminate or abate such nuisance within a reasonable time not less
than ten (10) days as determined by the City after consideration of
the nature of the nuisance and the actions necessary to remedy the
situation. Such notice shall also state that upon failure to abate
the condition causing the nuisance within the prescribed time period,
the City shall hold a hearing where all parties may be heard and present
evidence as to whether the condition constitutes a nuisance and should
be removed. Such notices shall be given by First Class United States
Mail, in person or by posting a copy thereof on the property involved.
Where the property is not owner-occupied, service of the notice shall
be to the owner of the property and to any occupant of the property.
The notice shall specifically describe each condition of the lot or
land declared to be a public nuisance and identify what action will
remedy the public nuisance. The notice shall include a date, time,
and place of the scheduled hearing no sooner than ten (10) days after
such notice and include a statement that the hearing shall be deemed
automatically canceled if the property owner abates the conditions
described in the notice within the time specified in such notice.
B.
Hearing. Should the person or persons so notified fail to remove, terminate or abate such nuisance within the time specified, the scheduled hearing shall take place. The hearing shall be before the Mayor or his/her designee, be under oath, which shall be administered by the Mayor or his/her designee, and all such parties shall have an opportunity to be heard and present evidence as to whether the condition maintained on the property constitutes a nuisance and whether the procedures of this Article were substantially complied with. After hearing all evidence, if the Mayor or his/her designee finds a nuisance is being maintained in violation of this Article, he/she may order the nuisance abated within a reasonable time. The order shall be in writing specifying the grounds for the order and the time by which the nuisance must be abated and either provided at the hearing or shall be served to the affected persons in accordance with Subsection (A). The notice shall also inform the recipients that the failure to comply with the order shall mean that the City will abate the nuisance with costs to the owner and/or occupant.
C.
Abatement/Special Tax Bill. Upon failure of the person to comply
with the City's order, the City may cause the same to be promptly
removed, terminated or abated and thereafter certify the cost of such
corrective action, along with proof of notice to the owner of the
property, 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 with other
taxes assessed against the property. No mere clerical error or informality
in such lien or in the proceedings leading to its issuance shall be
a defense thereto. The certified costs associated with the removal,
termination or abatement of such nuisance shall include all expenses
incurred by the City in the removal of the nuisance, including, but
not limited to, the actual cost of inspecting the land or lot, the
actual cost of service of notice as provided herein, the actual cost
of abatement, reasonable attorneys' fees, and the actual cost
of issuing and recording the tax bill. Such tax bill shall bear interest
at the rate of eight percent (8%) per annum if not paid within thirty
(30) days after issuance. 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 the laws governing delinquent and back taxes.
The tax bill from the date of its issuance shall be deemed a personal
debt against the owner and shall also be a first lien on the property
from the date the tax bill is delinquent until paid and shall be prima
facie evidence of the recitals thereof and of its validity. No person
shall enter private property to abate a nuisance unless the owner
or occupant has consented to the entry, the Municipal Judge has issued
a warrant for the entry, exigent or emergency circumstances exist,
or by order of any court of jurisdiction.
D.
Other Remedies. Nothing in this Section shall limit the right of
the City to seek any other remedy allowed by law in addition to or
in lieu of the remedy specified herein, including but not limited
to an injunction. Any person or entity who fails to remove a nuisance
after being notified to do so shall be guilty of an ordinance violation
and may be charged in Municipal Court with the offense of "failure
to abate a nuisance." Jurisdiction of the case shall proceed in all
respects as in other cases of ordinance violations.
[Ord. No. 1068, 11-9-2015]
Any person, firm or corporation violating any provisions of
this Article shall, upon conviction, be punished by a fine not exceeding
five hundred dollars ($500.00), or by imprisonment not exceeding three
(3) months, or by both such fine and imprisonment for each offense.
A separate offense shall be deemed committed on each day during or
which a violation occurs or continues.
[Ord. No. 1068, 11-9-2015]
A.
No person shall cause or permit any grass, weeds or rank vegetation
growth to attain a height in excess of seven (7) inches upon any property
located within the City. Any owner who shall cause or permit any weeds
or rank vegetation growth to attain a height in excess of seven (7)
inches shall be deemed to have committed a public nuisance. Whenever
private property abuts a public right-of-way or easement belonging
to the City, or any public entity, and there exists in such right-of-way
or easement a tree lawn or grassy area between the private property
line and the midline of said right-of-way or easement, then such tree
lawn or grassy area shall be considered, for purposes of this Section
requiring cutting of weeds or rank vegetation, to be a part of the
private lot which abuts the right-of-way or easement, and it shall
be the duty of those responsible under this Section for the maintenance
of the private lot to equally maintain the tree lawn or grassy area
within the abutting right-of-way or easement, and all of the provisions
of this Section shall apply with equal force and effect to said tree
lawn or grassy area. "Grass, weeds or rank vegetation" shall not be
deemed to include any genuine agricultural product or crop that is
grown for agricultural purposes.
B.
Exceptions. The following exceptions to this Section shall apply
as set forth below:
1.
"NU" Non-Urban District Zoning. On properties of three (3) acres
or greater having "NU" Non-Urban District Zoning, this Section shall
apply only to:
2.
"M-1" And "M-2" Manufacturing District Zoning. Undeveloped and
unused portions of property in the "M-1" or "M-2" Manufacturing District
Zoning may be exempted in whole or in part from such portions of this
Section by the City Council upon written petition if the City Council
determines that the maintenance of weeds in excess of seven (7) inches
on such portions of the property would not be a hazard to public safety,
cause a harm to nearby property owners, or contribute to the decline
of property values. The visibility from the rights-of-way and proximity
to residences shall be a factor considered in reviewing an exemption
request. This exemption shall not apply to any property within five
(5) feet of any sidewalk or other public improvement.
3.
In addition to the remedial provisions set forth in this Section and in order to protect, promote and preserve the public health and safety, it is hereby declared that any person owning any lot within the City and permitting or suffering a growth of weeds or rank vegetation thereon in excess of seven (7) inches from the soil shall be deemed to be in violation of this Section and shall be punished upon conviction as provided in Section 100.220, General Penalty, of the Code of the City of St. James.
[Ord. No. 1068, 11-9-2015]
A.
Whenever weeds or trash, in violation of an ordinance, are allowed
to grow or accumulate, as the case may be, on any part of any lot
or ground within the City, the owner of record of the ground, or in
case of joint tenancy, tenancy by entireties or tenancy in common,
each owner thereof, shall be liable.
B.
The Mayor or his/her designee shall give a hearing after four (4)
days' notice is sent, either personally or by United States Mail
to the owner or owners, or the owner's agents, and after posting
on the property at the property line with the date of hearing and
the owner listed on the sign thereupon, the Mayor or other designated
City Official may declare the weeds or trash to be a nuisance and
order the same to be abated within five (5) business days after the
hearing; and in case the weeds or trash are not removed within the
five (5) business days after the hearing, the Mayor or other designated
City Official shall have the weeds or trash removed, and shall certify
the costs of same to the City Clerk who shall cause a special tax
bill therefor against the property to be prepared and to be collected
by the Collector, with other taxes assessed against the property;
and the tax bill, from the date of its issuance, shall be a first
lien on the property until paid and shall be prima facie evidence
of the recitals therein and of its validity, and no mere clerical
error or informality in the same, or in the proceedings leading up
to the issuance, shall be a defense thereto.
C.
Each special tax bill shall be issued by the City Clerk and delivered
to the Phelps County 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 nine percent (9%) per annum.
[Ord. No. 1068, 11-9-2015]
A.
All dead or decaying trees, and all trees infected by a disease that
is not promptly treated or that is not remediable, and that are within
the fall zone of any property line or structure, or which constitute
a danger to the health, safety, or welfare of the general public are
hereby declared to be a public nuisance and shall be promptly taken
down and removed from the premises by the owner or owners of any tract
of land on which the same is situated. The stump shall also be removed
down to ground level.
B.
It shall be the duty of the Mayor or his/her designee to serve notice
in accordance with this Article that such tree or trees shall be removed
and the reasons therefor. The City shall perform the same duties and
have the same powers and rights and shall give the same notices and
conduct the same hearings as are provided pursuant to this Article.
C.
Trees overhanging the street right-of-way which are on any property
in the City shall be the responsibility of the owner or owners of
the property for the purposes of this Article.
D.
In addition to the remedial provisions set forth in this Section, and in order to protect, promote and preserve the public health and safety, it is hereby declared that any person failing to comply with the provisions of this Section shall be deemed to be in violation of this Chapter and shall be punished upon conviction as provided in Section 100.220, General Penalty, of this Code.
[Ord. No. 1068, 11-9-2015]
A.
It shall be unlawful to maintain any tree, shrub, other vegetation
growth or structure of any kind upon any corner lot in the City of
Saint James in which the lot lines of the property adjoin two (2)
intersecting streets in such a manner that the view of vehicular traffic
in either direction at said intersection is obstructed.
B.
Any tree, shrub, other vegetation growth or structure of any kind
so situated, located and maintained on any such lot so as to obstruct
the view of a motor vehicle on either intersecting street for a distance
of forty (40) feet in each direction from the point of intersection
of the curblines of such intersecting streets shall be deemed to be
unsafe, hazardous and a public nuisance.
C.
It shall be the duty of the Mayor or his/her designee to serve notice
in accordance with this Article. The City shall perform the same duties
and have the same powers and rights and shall give the same notices
as are provided pursuant to this Article.
D.
In addition to the remedial provisions set forth in this Section, and in order to protect, promote and preserve the public health and safety, it is hereby declared that any person failing to comply with the provisions of this Section shall be deemed to be in violation of this Article and shall be punished upon conviction as provided in Section 100.220, General Penalty, of this Code.
[Ord. No. 1068, 11-9-2015]
The emission or discharge into the open air of dense smoke within
the City is hereby declared to be a public nuisance. The owners, lessees,
occupants, managers or agents of any building, establishment or premises
from which dense smoke is so emitted or discharged shall be deemed
guilty of a misdemeanor, and upon conviction thereof in any court
of competent jurisdiction shall pay a fine of not less than twenty-five
dollars ($25.00) nor more than one hundred dollars ($100.00). Each
and every day whereon such smoke shall be emitted or discharged shall
constitute a separate offense; provided, however, that in any suit
or proceeding under this Section, it shall be a good defense if the
person charged with a violation thereof shall show to the satisfaction
of the jury or court trying the facts that there is no known practicable
device, appliance, means or method by application of which to his/her
building, establishment or premises the emission or discharge of the
dense smoke complained of in that proceeding could have been prevented.
