[CC 1990 ยงย 20-1; Ord. No. 2498 ยงย 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 ยงย 20-2; Ord. No. 2498 ยงย 1, 11-17-2008; Ord. No. 2704, 6-4-2012; Ord. No. 2802, 7-21-2014]
A.ย 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.ย 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 ยงย 20-3; Ord. No. 2498 ยงย 1, 11-17-2008; Ord. No. 2679, 11-7-2011; Ord. No. 2704, 6-4-2012; Ord. No. 2802, 7-21-2014]
A.ย Public nuisances of the City are hereby declared to be as follows:
1.ย
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.ย
The above public nuisance declaration shall include, but not
be limited to, the following:
a.ย
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.ย
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.ย
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.ย
Dead animal carcasses permitted to remain upon a premises for
more than twenty-four (24) hours.
e.ย
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.ย
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.ย
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.
h.ย
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.ย
Any standing or fallen dead tree, dead tree limbs, dead shrubs,
and trees that are more than fifty percent (50%) 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. Removal of any dead or dying tree shall comply with
the City of Chesterfield Tree Manual.
j.ย
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.ย
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.ย
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.ย
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.ย
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.
[CC 1990 ยงย 18-146; Ord. No. 313 ยงย 1, 6-19-1989]
3.ย
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 ยงย 20-4; Ord. No. 2498 ยงย 1, 11-17-2008; Ord. No. 2704, 6-4-2012; Ord. No. 2802, 7-21-2014]
A.ย 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.ย The notice to abate described in Subsection
(A) shall contain:
1.ย
Address or description of the property;
2.ย
Ordinance number of the ordinance being violated;
3.ย
Nature of the violation, and the number of days by which the
violation shall be removed or abated; and
4.ย
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.ย 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 ยงย 20-5; Ord. No. 2498 ยงย 1, 11-17-2008; Ord. No. 2704, 6-4-2012; Ord. No. 2802, 7-21-2014]
A.ย Upon neglect or failure to act upon the notice to abate, the City
shall issue a summons as follows:
1.ย
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.ย
Address or description of property on which the public nuisance
is located, and such other information as may be available to the
inspector;
b.ย
The ordinance which is being violated and setting forth in general
the nature of the public nuisance; and
c.ย
Date on which the case will be on the Municipal Court docket
for hearing.
2.ย
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.ย
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.ย
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.ย
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 ยงย 20-6; Ord. No. 2498 ยงย 1, 11-17-2008; Ord. No. 2704, 6-4-2012; Ord. No. 2802, 7-21-2014]
A.ย 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.ย 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 ยงย 1, 11-17-2008; Ord. No. 2704, 6-4-2012; Ord. No. 2802, 7-21-2014]
A.ย 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.ย 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.ย 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 ยงย 20-22; Ord. No. 1696 ยงย 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 ยงย 18-104; Ord. No. 163 ยงยงย 1 โ 3, 8-15-1988]
A.ย 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.ย 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.ย 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 ยงย 31-04-14(A)(14)]
A.ย 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.ย Except as provided in this Section:
1.ย
No persons shall throw or deposit litter on any vacant or occupied
property whether owned by such person or not.
2.ย
The owner or person in control of any private property shall,
at all times, maintain the premises free of litter.
C.ย It shall be lawful:
1.ย
To accumulate or store non-putrescible litter in a sightproof
structure or container.
2.ย
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.ย
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.ย
To store material to be used in an otherwise lawful agricultural
or nursery operation on the premises devoted to such use.
5.ย
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.