[Ord. No. 2585, 8-20-2020[2]]
Any condition of property done or made, permitted or allowed
and continued on any property, public or private, by any person or
corporation, its agents or servants, to the annoyance, detriment,
damage or injury of the public, or which is injurious to the public
health, safety or welfare is hereby declared to be a public nuisance
and, as such, punishable as specified herein upon conviction in a
court of competent jurisdiction or abated through the administrative
procedure set forth herein, or both.
Notwithstanding anything to the contrary herein, the definition
of "public nuisance," as set forth above, shall not include otherwise
legal conduct such as reporting an incident of domestic violence,
that a person is the victim of another crime or any person placing
repeated calls for emergency services unless such calls become so
repetitive as to be abusive and are found after notice and a hearing,
as provided herein, to have been made without a good faith basis.
The definition of a "public nuisance" shall include the following:
(a)
The accumulation upon any premises, lot or parcel of ground, building
or the discharge thereof upon any public street or private property,
of stagnant or foul waste, water or liquids of any kind whatsoever.
(b)
The maintenance of any outside toilet, privy water closet or private
vault which is kept in such condition as to emit any offensive, noxious
or disagreeable odor.
(c)
All carcasses of dead animals which the owner or keeper thereof shall
permit to remain unburied for a period exceeding twelve (12) hours
after death.
(d)
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
constitutes a hurt, injury, annoyance, or danger to the public or
the residents in the vicinity.
(e)
Placing, causing, keeping, maintaining or permitting trash, garbage,
rubbish, junk, decaying vegetable or animal matter, ashes, debris,
obnoxious or filthy substances, or any kind of waste materials upon
any public or private property or premises (which, for purposes of
this article, is defined to include all buildings or other structures
on the premises) in such a manner and extent as to render the same
unsightly, unclean or unsafe.
(f)
The burning, ignition, setting afire or maintenance of the burning
of garbage, refuse, waste, trash, straw, paper, wood, leaves, weeds,
grass clippings or other combustible materials or other substances
of any nature or description is prohibited, except in incinerators
constructed in accordance with the St. Louis County air pollution
control requirements and the building code of the City of Bellefontaine
Neighbors and located in accordance with the Bellefontaine Neighbors
Zoning Code.
(g)
Ashpits or rubbish or compost containers, the contents of which are
not removed from the premises when full in a manner to avoid spilling
and in compliance with all local, state and federal environmental
laws and regulations.
(h)
Any unclean, stinking, foul, defective or filthy drain, ditch, tank
or gutter or any leaking or broken slop, trash or garbage box or ashpit,
or receptacle of like character.
(i)
Any building where hazardous materials are stored or materials used
for explosives are stored that is not maintained in compliance with
federal law, state statute, county ordinance or this Code.
(j)
Any factory or business place permitted by the person owning or having
charge of the same to operate or be in such condition as to become
offensive, annoying or injurious to the public.
(k)
Any animal pen or cage permitted by the person owning or controlling
the same to be in such condition as to be offensive, annoying or injurious
to the public or harmful to the animal(s) confined.
(l)
Any swimming pool, open containers of water, pond or pool of water
kept, maintained or allowed to remain stagnant, or which enables the
breeding of mosquitoes, and any foul or dirty water or liquid discharged
through any pipe, or thrown into or upon any public right-of- way
or private property to the injury or annoyance of the public.
(m)
Any condition which is conducive to the feeding or harborage of rats.
(n)
The maintenance, upon public or private property, of dead or dying
trees or tree limbs or branches, which by reason of their location,
size, or state of deterioration, constitute a danger to the public
health, safety or welfare, or the maintenance upon public or private
property of trees which are infected with Dutch Elm or other contagious
disease or blight, dangerous to persons, animals, or other trees or
plant life.
(o)
The parking or stopping of a motor vehicle in a yard or lot, as defined
in the zoning ordinance of the City of Bellefontaine Neighbors, in
any place other than a parking space or other durable surface allowed
by the Bellefontaine Neighbors Zoning and or Building and Property
Maintenance Codes.
(p)
Allowing trailers, junkers, wrecks, or dilapidated or abandoned automobiles
(i.e., those for which ownership cannot be determined upon reasonable
inquiry), whether the same are operable or not, to remain on any street,
alley, roadway, public driveway or public parking lot for a period
of time in excess of the minimum time allowed by state law.
(q)
The presence of graffiti on private property exposed to public view.
As used in this section the word "graffiti" shall mean and refer to
any inscription, word, phrase, motto, name, figure, symbol, picture
or design which is written, scribbled, marked, etched, scratched,
drawn or painted on any exterior surface or structural component of
any building, structure, or other facility regardless of the nature
of the material of that structural component that is unauthorized
by the owner of such building, structure or facility.
(r)
No unregistered or unlicensed motor vehicle or trailer shall be permitted
on any premises and shall display their current state licenses, unless:
(1) such motor vehicles or trailers are within a fully enclosed structure,
closed to public view and view from adjacent properties; or (2) such
motor vehicles or trailers are stored or displayed as part of a licensed
vehicle dealership business that is in compliance with the Bellefontaine
Neighbors Zoning Code; or (3) such motor vehicles or trailers on the
premises of a state licensed vehicle inspection station or motor vehicle
service station licensed in the City of Bellefontaine Neighbors, waiting
for services or repairs; provided that such motor vehicle(s) or trailer(s)
are not on the premises for more than five (5) consecutive business
days.
(s)
No motor vehicle or trailer shall at any time be in a state of disassembly,
disrepair or shall be in the process of being stripped or dismantled.
A motor vehicle or trailer shall be defined as being in a state of
disassembly or disrepair; or being stripped or dismantled if any one
(1) or more of the following conditions exist: (1) a motor vehicle
containing no engine; or (2) a motor vehicle or trailer missing one
(1) or more wheels or tires; or (3) a motor vehicle or trailer missing
a body part such as a hood, fender, door or trunk lid; or (4) a motor
vehicle or trailer partly or entirely supported by a method other
than its tires, such as ramps, jacks or blocks; or (5) a motor vehicle
or trailer which exhibits a defective component or defective condition
such as a missing windshield wiper, missing window glass; a convertible
without top in adverse weather; missing bumper; a missing door handle;
broken headlamp, tail light, or warning lights; and similar items.
A current license and/or inspection certificate shall not be considered
as exempting motor vehicles or trailers from this provision. Exemptions
are as follows: (1) such motor vehicle or trailer is kept within a
fully enclosed structure, closed to public view and view from adjacent
properties; or (2) such motor vehicles are undergoing repairs on the
premises of a service station duly licensed by the city and in compliance
with the Bellefontaine Neighbors Zoning, Building and Property Maintenance
Codes.
(t)
The maintenance of any substance emitting an offensive, noxious,
unhealthy or disagreeable smell or odor in the neighborhood where
it exists that would be unreasonably harmful or annoying to persons
of normal sensibility, injurious to health or unreasonably interfere
with the free use and comfortable enjoyment of the properties in the
vicinity.
[Ord. No. 2585, 8-20-2020]
Every person who owns, occupies, or controls any building, residence,
vacant lot, or other premises must maintain the same in such a manner
that it will be safe and sanitary. The neglect, disregard, abandonment,
or other act, or failure to act, so as to permit any building, residence,
premises or lot to become unsafe, unsanitary or injurious to the public
health, safety and welfare is a public nuisance and is prohibited
and subject to abatement as provided in this article.
[Ord. No. 2585, 8-20-2020]
Either by consent from the property owner or consistent with
the requirements for an administrative search warrant under Missouri
law, the chief of police or fire chief, a St. Louis County Health
Department Inspector and the mayor or any officer, agent or employee
duly appointed by any of them are hereby authorized to enter and inspect
all buildings and parts of buildings and other premises for the purpose
of examining the sanitary conditions thereof and for the discovery
and abatement of nuisances therein.
[Ord. No. 2585, 8-20-2020]
Whenever it becomes necessary to abate a nuisance immediately
in order to protect the public health, safety or welfare, the mayor,
or his/her designee, may abate such nuisance after service of written
notice to the owner and occupant of the property at issue. The notice
shall describe each condition of the property declared to be a public
nuisance and risk to the public health or safety, identify what action
will remedy the public nuisance and state that the city shall immediately
remove, terminate or abate such nuisance, and the mayor or his/her
designee may use any suitable means or assistance for such purpose.
The mayor or his/her designee shall certify the cost of abating such
nuisance to the board of alderpersons and upon receipt by the board
of alderpersons of that report, the board of alderpersons shall assess
against the property concerned a special assessment for the cost thereof,
plus administrative costs in the amount of one hundred dollars ($100.00)
per lot, and shall direct the city clerk to issue a special tax bill
therefor, against the property. Such special tax bill shall be due
and payable thirty (30) days after its date, shall bear interest at
the rate of eight percent (8%) per annum from and after thirty (30)
days after its service, and shall be a lien against the property until
paid in full.
[Ord. No. 2585, 8-20-2020]
(a)
Before ordering the abatement of a nuisance that is not immediately necessary for the protection of the public health, safety or welfare, the mayor or his/her designee shall notify the owner(s), and if the property is not owner-occupied, any occupant of the property to forthwith remove, terminate, or abate such nuisance. Such notices shall be given either personally, by First Class United States Mail, or by United States Certified Mail return receipt requested to the owner or owners at the last known address of the owner(s) and to the occupant of the property at the property address, if different from the owner, or the owner's agent(s) where the city has actual notice of such agency. Such notice may also be posted on the premises by means of a placard upon the property. Any such notice of public nuisance shall include a statement of the condition constituting a public nuisance and those actions necessary to remove, terminate, or abate the nuisance. Such notice shall also include a reasonable time within which the city demands such owner(s) or person(s) in care and control of the property to abate the nuisance condition, which shall be at least ten (10) days, but may be more in the sole discretion of the city, absent an emergency which may be abated by the city as described in section 13-36.040. Such notice shall also state that upon failure to abate the condition causing the nuisance within the given time, the mayor or his/her designee may, in addition to any other available legal remedies, call a nuisance abatement hearing where all parties may be heard and present evidence to the mayor or his/her designee as to whether the condition on the property constitutes a nuisance, and, if so, how same shall be abated.
(b)
If the owner(s) of a property or occupant of the property, if different,
which has been declared a public nuisance, fails to abate the nuisance
cited in the notice described herein within the time provided by such
notice, the mayor or his/her designee shall hold a hearing consistent
with the provisions of the Missouri Administrative Procedure Act,
as amended from time to time, unless such formalities are waived,
in writing, by the city and the owner, occupant or authorized agent
of the owner.
(c)
At least ten (10) days before the date of the hearing, written notice
shall be given personally or deposited in the United States Mail,
by certified mail with a return receipt requested and by first class
delivery, directed to the last known address of the owner, occupant,
management company or other person in charge or control of the property
at issue or the owner's agent(s) where the city has actual notice
of such agency by First Class United States Mail, or by United States
Certified Mail return receipt requested. The notice shall include
a date, time, and place of the scheduled hearing. In addition, notice
shall be posted by means of a placard upon the property at least ten
(10) days before the date of the hearing. In the event of non-delivery
of mailed notice, the posted placard shall serve as notice and the
hearing may proceed in rem as action against the property.
(d)
All interested parties may appear at such hearing either in person
or by attorney and present testimony and evidence regarding the alleged
nuisance. If, upon such hearing, the mayor or his/her designee finds
that a nuisance(s) exists, written findings of fact and conclusions
of law shall be issued and an order entered requiring the owner, occupant
and/or management company/agent of the premises, or the person causing
or maintaining any nuisance(s) found to exist, to abate each such
nuisance, and if it be not abated within the time prescribed by the
mayor or his/her designee in the written order (or as extended in
writing by the mayor or his/her designee upon a showing of good cause
not within the control of owner, occupant or agent of the premises),
the mayor or his/her designee shall abate same, and the cost thereof
shall be levied as a special tax in the manner designated in the foregoing
section. The owner or occupant of the premises, or his/her agent,
or the person causing or maintaining such nuisance, shall abate the
same upon receipt of the written order of the mayor or his/her designee
in accordance with the terms prescribed in the order, which shall
be served in the same manner as notice of the hearing regarding the
alleged nuisance condition(s).
(e)
The hearing may be canceled, at the sole discretion of the mayor
or his/her designee, if the property owner abates the conditions described
in the notice and provides satisfactory proof of such abatement to
the mayor or his/her designee prior to the scheduled date of the hearing.
[Ord. No. 2585, 8-20-2020]
If any nuisance is abated by the city, as hereinabove provided, extends over the property of more than one (1) owner, the costs of abating same shall be assessed in proportion to the amount of work and expense for each proportionate part of the entire work and area, including an administrative fee of one hundred dollars ($100.00) per lot, and, if not paid by the property owner(s) within thirty (30) days, special assessment taxes shall be levied and collected in accordance with state law. The mayor or his/her designee shall report expenses that remain unpaid for more than thirty (30) days after a special tax bill is served in the same manner as mail notice in Section 13-36.050 above, to the board, certifying to the correctness thereof, showing the lot by lot and block numbers or other legal descriptions of each property involved, and the date or dates on which the repairs or replacements occurred, and the name and address of each owner, lessee, occupant or other person exercising control of each lot subject to apportionment. Upon receipt by the board of alderpersons of that report, the board of alderpersons shall assess against each lot concerned a special assessment for the exact apportioned cost thereof, plus administrative costs in the amount of one hundred dollars ($100.00) per lot, and shall direct the city clerk to issue a special tax bill therefor, against each such lot. Such special tax bill shall be due and payable thirty (30) days after its date, shall bear interest at the rate of eight percent (8%) per annum from and after thirty(30) days after its service, and shall be a lien against each lot against which it is issued until paid in full.
[Ord. No. 2585, 8-20-2020]
Any person or entity who is employed or enters into a contract with the city for the abatement of a nuisance and any agent or employee of such person or entity shall have the right of entry for that purpose into and upon any premises after a written order is entered and not complied with or upon an emergency abatement as provided in Section 13-36.040 above.
[Ord. No. 2585, 8-20-2020]
The owner of any premises, or his/her agent in control thereof, as well as the tenant or occupant of such premises, is charged with the duty of observing all of the provisions of this Chapter 13. Any or all of such persons, together with any person causing or contributing to cause any nuisance, may be charged with violation thereof, and may be found jointly and severally liable after notice and a hearing as set forth in this article.
[Ord. No. 2585, 8-20-2020]
Any person who maintains a nuisance, or fails to comply with a lawful order of abatement, or who interferes with any person duly engaged in inspection of premises or abatement of a nuisance, or posting of notice, or who in any other way violates any of the provisions of this article shall, upon conviction thereof, be subject to a fine as set forth in section 1-10 of this Code, as determined by the municipal judge.
