State Law References: Power of City to abate and remove nuisances, §§ 77.530, 77.560, RSMo.; disposal of dead animals generally, §§ 269.010 et seq., RSMo.
[CC 1990 § 20-1; Ord. No. 2498 § 1, 11-17-2008; Ord. No. 2679, 11-7-2011; Ord. No. 2704, 6-4-2012; Ord. No. 2802, 7-21-2014]
The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:
INVASIVE PLANT
A vegetation species that grows aggressively in the State of Missouri, as listed by the Missouri Department of Conservation.
LESSEE
Any person, agent, operator, firm, or corporation having possession, occupancy or control of all or a portion of a premises pursuant to a written or unwritten lease, contract, agreement, or license with the owner.
NATIVE PLANT
A vegetation species that existed prior to the arrival of settlers within the State of Missouri, as listed by the Missouri Department of Conservation.
NOXIOUS WEED
A vegetation species that is listed as a Missouri State Noxious Weed by the United States Department of Agriculture.
NUISANCE PLANT
Toxic species known to cause death or severe allergic reactions among a segment of the human population such as poison hemlock, poison ivy, and ragweed.
OWNER
Any person, agent, operator, firm or corporation having a legal or equitable interest in the property, or recorded in the official records of the State, County or Municipality as holding title to the property, or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.
PERSON HAVING CONTROL
Any occupant, representative or employee of an owner or lessee, or any person eighteen (18) years of age or older who has charge, care or control of any portion of a premises.
PREMISES
A lot, plot, or parcel of land, including any structures thereon.
ROLL-OFF TRASH CONTAINER
Any rented bulk solid waste receptacle placed temporarily on property and used to handle solid waste disposal related to temporary activities such as moving, cleaning, remodeling or other construction at a site. Such container is typically rented or leased to owners or occupants of property for their temporary use and which is typically delivered and removed by truck. This term shall not be interpreted to refer to a trash container or dumpster that is stored in a more permanent manner on the property and is referenced and regulated by ordinance or this Code and is further required to be screened from public view.
SIGHT DISTANCE
The clear line of sight necessary for pedestrian safety or safe operation of a motorized vehicle.
STORMWATER
Rainfall runoff, snow melt runoff and surface runoff and drainage.
STORMWATER MANAGEMENT FACILITY
Structure and constructed feature designed for the collection, conveyance, storage, treatment and disposal of stormwater runoff into and through the stormwater system. Stormwater management facilities included vegetative or structural measures, or both, to control the increased volume, rate, and quality of stormwater runoff caused by man-made changes to land.
TURF GRASS
A type of vegetation ground cover, managed by weed removal and mowing to maintain a uniform height.
TURF WEED
Broadleaf weeds, annual and perennial grasses that invade or disrupt the uniformity of turf grass lawns.
[CC 1990 § 20-2; Ord. No. 2498 § 1, 11-17-2008; Ord. No. 2704, 6-4-2012; Ord. No. 2802, 7-21-2014]
A. 
Every owner, lessee or person in control of a property upon which a subdivision plat has been recorded in accordance with law and all property within one hundred (100) feet from the outboundary of an occupied or improved subdivision or upon the right-of-way adjoining such premises in the City of Chesterfield shall keep said property free of public nuisances as described in Section 215.030 of this Article.
B. 
This Section shall apply to any violations cited after the date of this Article. All violations of the original Ordinance No. 192, Ordinance No. 385, or Ordinance No. 578 cited prior to the date this Article was adopted shall be prosecuted in accordance with the provisions set out in the original applicable on the date of violation.
[CC 1990 § 18-146; CC 1990 § 20-3; Ord. No. 313 § 1, 6-19-1989; Ord. No. 2498 § 1, 11-17-2008; Ord. No. 2679, 11-7-2011; Ord. No. 2704, 6-4-2012; Ord. No. 2802, 7-21-2014; Ord. No. 3355, 10-20-2025]
A. 
Public nuisances of the City are hereby declared to be as follows:
1. 
Any act committed or suffered to be committed by any person, or any substance kept, maintained, placed, or thrown upon any public or private premises which constitutes a hurt, injury, inconvenience or danger to the health, safety or welfare of the public or residents and occupants of the immediate vicinity as determined by the Director of Planning.
2. 
The above public nuisance declaration shall include, but not be limited to, the following:
a. 
Discharge of piped potable or non-potable water, including groundwater, stormwater, and pool water, release of liquids, chemicals, oils, or substances upon any right-of-way, including streets, alleys, tree lawns, sidewalks, bike trails, or in close proximity to natural streams or neighboring premises that constitutes a hurt, injury, inconvenience or danger to the health, safety, or welfare of the public or residents of the immediate vicinity. At a minimum, piped residential downspouts or basement sump pumps shall be daylighted to surface discharge at least ten (10) feet away from a neighboring property line.
b. 
Maintaining or permitting conditions that promote or allow mosquito, cockroach, flea, or other insect infestations to develop upon a premises or in stagnant pools or impoundments of water, that constitute a hurt, injury, inconvenience or danger to the health, safety, or welfare of the public or residents of the immediate vicinity.
c. 
Emission of any offensive, noxious or toxic gas, effluvia or odor that constitutes a hurt, injury, inconvenience or danger to the health, safety, or welfare of the public or residents and occupants of the immediate vicinity.
d. 
Dead animal carcasses permitted to remain upon a premises for more than twenty-four (24) hours.
e. 
Keeping, maintaining, or permitting animals of any kind, domestic or wild, upon a premises in such a manner or condition that same constitutes a hurt, injury, inconvenience or danger to the health, safety, or welfare of the public or residents or occupants of the immediate vicinity.
f. 
Keeping, maintaining or permitting of trash, debris, garbage, rubbish, junk, decaying vegetation or animal matter or other substance upon a premises constituting a hurt, injury, inconvenience or danger to the health, safety or welfare of the public or residents and occupants of the immediate vicinity.
g. 
Failure to mow or cut turf grass or turf weeds to maintain a maximum height of not more than ten (10) inches, or failure to control or remove listed (Section 215.070) nuisance plants, invasive plants and noxious weeds in such a manner that constitutes a hurt, injury, inconvenience or danger to the health, safety or welfare of the public or residents and occupants of the immediate vicinity. Managed stands of native plants, ornamental grasses, or shrubs, and cultivated agricultural crops, vegetable gardens or flower gardens exceeding ten (10) inches in height are permitted provided they are maintained free of turf weeds and grasses, nuisance plants, invasive plants and noxious weeds, are kept at least four (4) feet from a property line, and do not impair sight distance, or constitute a hurt, injury, inconvenience or danger to the health, safety or welfare of the public or residents and occupants of the immediate vicinity. Provisions of this Section shall not apply to tracts of land used for growing agricultural crops, nor to undeveloped tracts of land exceeding one (1) acre in size, or naturally wooded areas.
h. 
Placement or dumping of dead plant material such as lawn clippings, weeds, leaves, tree trunks, and tree branches in or near storm sewers, creeks, drainage swales, stream banks, or steep slopes in such a manner that constitutes a hurt, injury, inconvenience or danger to the health, safety or welfare of the public or residents and occupants of the immediate vicinity. Erosion control devices such as silt fence, riprap, erosion control blankets, check dams, or seed and mulch placed near creeks, in drainage swales, on stream banks, or upon steep slopes, shall comply with the City of Chesterfield Erosion Control Manual.
i. 
Unless located within a naturally wooded area, any standing or fallen dead tree, dead tree limbs, dead shrubs, and trees that are dying, damaged, or diseased to constitute a hurt, injury, inconvenience or danger to the health, safety, or welfare of the public or residents and occupants of the vicinity.
j. 
Any unfenced in-ground swimming pool, any unsecured building or structure, or any dilapidated or unsafe building, fence, retaining wall, or structure located upon any public or private place or premises in such condition that same constitutes a hurt, injury, inconvenience or danger to the health, safety or welfare of the public or the residents and occupants of the immediate vicinity.
k. 
The use of light sources shall comply with the City of Chesterfield Lighting Code. Official or approved emergency, construction, safety and warning lighting are generally permitted.
l. 
Placement of a roll-off trash container on property for an uninterrupted period exceeding ninety (90) consecutive days or positioned so as to create an obstruction for a roadway, alley or sidewalk constituting an inconvenience or danger to the health, safety or welfare of the public or residents and occupants of the immediate vicinity.
m. 
Any stormwater management facility located on any lot or land shall be declared a public nuisance for failure to maintain the private stormwater management facility if it has conditions impairing its proper operation, including, but not limited to, excessive sediment, extensive ponding of water, rubbish and trash, noxious weeds or invasive plants or nuisance plants exceeding ten (10) inches in height, or any material which is unhealthy or impacts the proper operation of the private stormwater management facility.
n. 
Maintaining any partly dismantled, wrecked, dilapidated, abandoned or non-operative automobile or other motor vehicle or parts thereof which are found upon any private property and which are not housed in a garage, basement or other enclosed building or except as authorized by Section 405.04.140(A)(14)(c)(5) of the Zoning Ordinance of the City. Any motor vehicle or automobile or any elements thereof found disassembled upon private property shall be considered to be dismantled, abandoned, wrecked or dilapidated for the purpose of this Article when such automobile or other vehicle is found lacking essential component parts which prevent it from being immediately operative under its own power or which vehicle or automobile is not properly licensed.
o. 
Any tree, shrub or plant, including any stump and/or branch thereof, which overhangs or encroaches upon or under any sidewalk or street in the City in a manner so as to interfere with the free passage of persons and/or motor vehicles using such sidewalk or street.
3. 
Native plants, turf grass, ornamental grasses, or shrubs, including plants that are part of an approved, designed private stormwater facility or MSD-approved guidance document do not constitute a public nuisance.
[CC 1990 § 20-4; Ord. No. 2498 § 1, 11-17-2008; Ord. No. 2704, 6-4-2012; Ord. No. 2802, 7-21-2014]
A. 
Whenever it comes to the attention of the City, or the City receives an allegation of the existence of a public nuisance, the City shall investigate and shall make a determination. If a public nuisance is found to exist, a notice to abate shall be mailed or hand-delivered to the owner, lessee, or person having control of the premises. If mail or hand-delivery is not readily achievable, the property may be posted to provide notification by placing the notice to abate upon a building, tree, or other object upon such property, as may be available.
B. 
The notice to abate described in Subsection (A) shall contain:
1. 
Address or description of the property;
2. 
Ordinance number of the ordinance being violated;
3. 
Nature of the violation, and the number of days by which the violation shall be removed or abated; and
4. 
Notice of the penalty for a failure to remove or abate the nuisance, stating that if the nuisance reoccurs by the same owner, lessee, or person in charge, a summons will be issued without further notice.
C. 
Notice To Abate, First Offense. In all cases where the public nuisance is the first offense of the specified ordinance violation for the person charged therewith, the notice to abate provisions shall be observed. The number of days granted to abate a violation shall not be less than four (4) days, except in emergency cases.
[CC 1990 § 20-5; Ord. No. 2498 § 1, 11-17-2008; Ord. No. 2704, 6-4-2012; Ord. No. 2802, 7-21-2014]
A. 
Upon neglect or failure to act upon the notice to abate, the City shall issue a summons as follows:
1. 
Summons, Service Of. If a notice to abate is issued and the public nuisance has not been removed or abated in the allotted time, the City shall issue a municipal court summons, directed by name to the owner, lessee, or person in charge of the property, showing:
a. 
Address or description of property on which the public nuisance is located, and such other information as may be available to the inspector;
b. 
The ordinance which is being violated and setting forth in general the nature of the public nuisance; and
c. 
Date on which the case will be on the Municipal Court docket for hearing.
2. 
Summons, Delivery By Mail. The City shall cause the summons to be delivered by ordinary mail, postage prepaid to the person named therein at the address shown on the summons, or at such other address as the person charged therewith shall be known to reside. If the mail is duly addressed to the person named in the summons at the address as provided above and is not returned to the City, it shall be deemed to have been delivered and received by the person to whom addressed.
3. 
Abatement By City. If the owner, lessee, or person in charge of property for which a notice to abate has been issued, fails to remove or abate the public nuisance in the time specified, the City may elect to abate the public nuisance in which case the City shall notify the owner, lessee, or person in charge of the property, in writing, a minimum of four (4) days in advance of the date, time, and location of an abatement hearing. The abatement hearing officer shall be the City Administrator or his/her designated representative. The abatement hearing officer shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received. The abatement hearing officer shall review all evidence and may issue an order to abate the nuisance allowing at least five (5) business days after the hearing for abatement to be complete. The order shall include authorization for the City to immediately enter the property and to remove the public nuisance and assess costs pursuant to this Section if such public nuisance is not removed within the time allotted after the abatement hearing.
4. 
Assessment Of Costs For Abatement By City. All costs and expense incurred by the City in removing or abating a public nuisance may be assessed against the property owner in the form of a special tax bill, which special tax bill shall become a lien on the property. Alternatively, the cost of removing or abating the public nuisance may be made a part of a judgment by the municipal court, in addition to any other penalties and costs imposed.
5. 
Notice To Abate, Subsequent Offenses. In all cases where the public nuisance is a repeat or continued offense occurring within a twelve-month period, the notice to abate provisions need not be observed. Thereafter, such owner, lessee, or person having control may be summoned into municipal court to answer the charges, and/or the City shall have the option of performing abatement by City and assessment of costs without another notice to abate being issued. In addition to the court costs normally assessed in all such cases, there shall be added thereto all costs incurred by the City in abating the public nuisance. Each day a violation continues after the expiration of the notice to abate shall constitute a separate offense.
[CC 1990 § 20-6; Ord. No. 2498 § 1, 11-17-2008; Ord. No. 2704, 6-4-2012; Ord. No. 2802, 7-21-2014]
A. 
Any person, persons, firm, association or corporation violating any provision of this public nuisance Article or any employee, assistant, agent, or any other person participating or taking part in, joining or aiding in a violation of any provision of this public nuisance article may be prosecuted as provided by law for the violation of ordinance of the City of Chesterfield and upon conviction shall be punished by a fine not exceeding one thousand dollars ($1,000.00) for any one (1) offense or imprisonment in the City jail for not more than three (3) months, or both such fine and imprisonment. Each day a violation continues after service of written notice to abate such violation shall constitute a separate offense.
B. 
In addition to the penalties hereinabove authorized and established, the City Attorney shall take such other actions at law or in equity as may be required to halt, terminate, remove, or otherwise eliminate any violation of this Article.
[CC 1990 Ch. 20, App. A; Ord. No. 2498 § 1, 11-17-2008; Ord. No. 2704, 6-4-2012; Ord. No. 2802, 7-21-2014]
A. 
Noxious Weeds. As may be amended from time to time by the United States Department of Agriculture, Missouri State Listed Noxious Weeds.
Canada thistle
Common teasel
Cut-leaved teasel
Field bindweed
Johnson grass
Kudzu
Marijuana
Multiflora rose
Musk thistle
Purple loosestrife
Scotch thistle
B. 
Invasive Plants. As may be amended from time to time by the Missouri Department of Conservation and listed in the Missouri Vegetation Manual.
Autumn olive
Black locust
Bush honeysuckles
Common buckthorn
Crown vetch
Garlic mustard
Gray dogwood
Honey locust (with seeds)
Japanese honeysuckle
Leafy spurge
Osage orange
Reed canary grass
Sericea lespedeza
Sesbania
Smooth sumac
Sweet clover (white and yellow)
Wintercreeper
C. 
Native Plants. As may be amended from time to time by the Missouri Department of Conservation and listed on the Grow Native! Website: www.grownative.org.
[CC 1990 § 20-22; Ord. No. 1696 § 1, 12-4-2000]
In addition to any other remedy provided by law or by the City ordinances, if the owner of property has failed to begin or pursue, without unnecessary delay, the removal of a nuisance within the time described by the ordinances of the City of Chesterfield, but no later than sixty (60) days from the date of notice, has not removed or abated a public nuisance which has been declared to exist on any lot or land due to the presence of debris of any kind, including, but not limited to, weed cuttings, cut and fallen trees and shrubs, lumber not piled or stacked twelve (12) inches off the ground, rocks or bricks, tin, steel, parts of derelict cars or trucks, broken furniture, any flammable material that may endanger public safety or any material that is unhealthy or unsafe and declared to be a public nuisance, the cost of such removal or abatement may be added to the annual real estate bill for the property and collected in the same manner and procedure for collecting real estate taxes.
[CC 1990 § 18-104; Ord. No. 163 §§ 1 — 3, 8-15-1988]
A. 
No person shall park or permit a vehicle to remain in the front yard of residential property unless such vehicle is parked on a paved driveway or designated parking area as described in Subsection (C).
B. 
For the purpose of this Section, "front yard" means the area between a road and a line parallel to the road and intersecting the closest point of a residence. "Required front yard" means the area between a road and the front yard setback line established by application of the zoning ordinance of the City of Chesterfield. "Residential" refers to properties zoned non-urban or residential and includes property used for residential purposes regardless of zoning.
C. 
A designated parking area shall be adjacent to and contiguous to the driveway within a residential property and shall be paved. Such designated parking area may not be located within the required front yard, but may be located in any other part of the residential lot, including within a front yard which does not constitute a portion of a required front yard, if any.
[CC 1990 § 31-04-14(A)(14)]
A. 
In this Section, the word "litter" means and includes, garbage, trash, refuse, junk, brush, inoperative machinery or other waste material; the phrase "otherwise lawful" means in compliance with applicable zoning district regulations and with all rules, regulations, ordinances, conditions, permits and licenses applicable to the property or activity, whether arising from this Chapter or any other ordinance.
B. 
Except as provided in this Section:
1. 
No persons shall throw or deposit litter on any vacant or occupied property whether owned by such person or not.
2. 
The owner or person in control of any private property shall, at all times, maintain the premises free of litter.
C. 
It shall be lawful:
1. 
To accumulate or store non-putrescible litter in a sightproof structure or container.
2. 
To accumulate or store litter produced as an incident of the otherwise lawful use of the same premises where stored, where such storage is pending removal or disposal and does not exceed seven (7) days, provided the litter is placed or stored in a container or otherwise screened from the view of persons upon adjacent property or rights-of-way.
3. 
To operate an otherwise lawful, sanitary landfill, building demolition material site, vehicle or machinery repair facility, construction material stockpile, sewage treatment facility, salvage yard or junkyard.
4. 
To store material to be used in an otherwise lawful agricultural or nursery operation on the premises devoted to such use.
5. 
To keep not more than one (1) unlicensed vehicle outdoors for hobby or instructional purpose, provided that any such vehicle kept for more than seventy-two (72) hours shall be kept behind the residence or other principal structure on the property.
[1]
Editor's Note: For similar provisions, see Section 405.04.140(A)(14).