[Ord. No. 2023-12, 6-26-2023]
The purpose of this Article is to promote the health, safety,
and/or welfare of the public by providing minimum blight-related performance
standards for the operation of unattended donation/collection boxes
(UDCBs). This includes establishing criteria to ensure that material
is not allowed to accumulate outside of the UDCBs, the UDCBs remain
free of graffiti and blight, UDCBs are maintained in sanitary conditions,
and residents and/or users are fully informed of those who operate
the UDCBs so that they can be contacted if there are any blight-related
questions or concerns.
[Ord. No. 2023-12, 6-26-2023]
Where a conflict exists between the regulations or requirements
in this Article and applicable regulations or requirements contained
in other Chapters of the City of Overland Code of Ordinances, the
applicable regulations or requirements of this Chapter shall prevail.
[Ord. No. 2023-12, 6-26-2023]
Failure to comply with any of the provisions of this Article is declared to be prima facie evidence of an existing violation, a continuing blight and a declared public nuisance and shall be abated by the Director or his/her designee in accordance with the provisions of Chapter
225. Any person in violation will also be subject to administrative penalties, citations, civil action, and/or other legal remedies available to the City.
[Ord. No. 2023-12, 6-26-2023]
The parcel owner and the UDCB operator ("operator") have joint and several liability for blight-related conditions and/or compliance with this Article and Chapter
225, including fees, administrative citations, civil actions, and/or legal remedies relating to a UDCB. The parcel owner remains liable for any violation of duties imposed by this Article even if the parcel owner has, by agreement, imposed on the operator the duty of complying with the provisions of this Article.
[Ord. No. 2023-12, 6-26-2023]
For purposes of this Article the following definitions shall
apply unless the context clearly indicates or requires a different
meaning:
ACCESSORY ACTIVITY
An activity that is incidental to, and customarily associated
with, a specified principal activity.
AGENT
A person who is authorized by the parcel owner to act on
their behalf in filling out all required forms of the parcel pursuant
to this Article. A person who is given general authorization to act
on the behalf of a parcel owner for various activities and transactions
in regard to a property may be considered an agent.
BLIGHT or NUISANCE
A UDCB that is dilapidated, physically deteriorating, unsafe,
unsanitary, marked with graffiti, or generally unkempt as to constitute
a threat or nuisance to the public.
CITY
The City of Overland, Missouri.
DIRECTOR
The Director of the Department of Community Development.
DONATED/COLLECTED MATERIAL
Salvageable personal property, such as clothing, shoes, books
and household items that are collected for periodic transport off-site
for processing or redistribution or both.
PRINCIPAL ACTIVITY
An activity that fulfills a primary function of an establishment,
institution, household, or other entity.
UDCB OPERATOR or OPERATOR
A person or entity who utilizes or maintains a UDCB to solicit
donations/collections of salvageable personal property.
UDCB PERMIT
The City of Overland's annually renewable permit required
to place, operate, maintain, or allow a UDCB within the City limits.
UNATTENDED DONATION/COLLECTION BOXES or UDCBs
Unstaffed drop-off boxes, containers, receptacles, or similar
facility that accept textiles, shoes, books, and/or other salvageable
personal property items to be used by the operator for distribution,
resale, or recycling, but shall not include furniture or other items
too large to be contained within the UDCB. This term does not include
any collection bin that is owned by the property owner and is used
in connection with, or is an accessory to, the principal business
of that property.
UNPERMITTED UDCB
A UDCB established either without a UDCB permit or with a
UDCB permit that was issued in error or on the basis of incorrect
or incomplete information supplied, or in violation of any law, ordinance,
rule, or regulation.
[Ord. No. 2023-12, 6-26-2023]
A. It is unlawful to place, operate, maintain or allow a UDCB on any
real property unless the parcel owner/agent and/or operator first
obtain an UDCB permit from the City. A separate UDCB permit is required
for each UDCB.
B. The UDCB permit applicant shall be the UDCB operator and the permit
may not be transferred, conveyed or otherwise assigned to another
person or entity, or to another site or property.
C. Decisions regarding UDCB permit applications shall be made by the
Director and the Director shall be considered the investigating official
acting for the City Administrator.
[Ord. No. 2023-12, 6-26-2023]
A. The UDCB permit application shall be made on a form provided by the
City. All applications shall be valid for one (1) calendar year, filed
with the Department of Community Development and shall include:
1.
A signed document as provided by the City stating that the operator
will abide by all the processes and requirements described in this
Article;
2.
A non-refundable application fee in the amount of one hundred
dollars ($100.00);
3.
A signed authorization from the parcel owner/agent to allow
placement of the UDCB on a form provided by the City;
4.
A signed acknowledgment of responsibility from the parcel owner/agent
and the operator for joint and several liability for violations of
conditions or regulations, and/or blight relating to the UDCB on a
form provided by the City;
5.
Proof of general liability insurance of at least of at least
one million dollars ($1,000,000.00) covering the applicant's
UDCB, and naming the City of Overland and the parcel owner as additional
insureds;
6.
For non-profit operators, evidence that the non-profit has been
registered as a non-profit organization with the State of Missouri;
7.
The name, address, email, website (if available), and telephone
number of the UDCB operator and parcel owner, including twenty-four
(24) hour contact information;
8.
A vicinity map showing:
a.
The proposed location of the UDCB; and
b.
The distance between the site and all existing UDCBs within
one thousand (1,000) feet of the proposed UDCB location;
9.
Photographs of the location and adjacent properties;
10.
A site plan containing:
a.
Location and dimensions of all parcel boundaries;
b.
Location of all buildings;
d.
Distance between the proposed UDCB and all buildings located
on the property;
e.
Distance between the proposed UDCB and the parcel boundaries;
and
f.
Location and dimension of all existing and proposed driveways,
garages, carports, parking spaces, maneuvering aisles, pavement, and
striping/marking; and
g.
Location of UDCB relative to the continually operating light source as required under Section
400.1105(H);
11.
Elevations showing the appearance, materials, and dimensions
of the UDCB, including the information required in this Article to
be placed on the UDCB and notice sign;
12.
A description and/or diagram of the proposed locking mechanism
of the UDCB;
13.
A maintenance plan (including graffiti removal, pick-up schedule,
and litter and trash removal on and around the UDCB) that is sufficient
to prevent/eliminate blight-related conditions.
[Ord. No. 2023-12, 6-26-2023]
A. Unless renewed as described in Subsection
(B) below, each UDCB permit shall expire and become null and void on December 31 of the year of issuance.
B. A UDCB operator may apply for a permit for the subsequent calendar
year by submitting an application to the Department of Community Development
by December 1 of the current year. The UDCB permit renewal application
shall be made on a form provided by the City. All applications shall
be filed with the Department of Community Development and shall include:
1.
A signed document stating that the operator will abide by all
the processes and requirements described in this Article;
2.
Photographs of the existing UDCB;
3.
A non-refundable application fee in the amount of one hundred
dollars ($100.00);
4.
A signed authorization from the parcel owner/agent to allow
placement of the UDCB;
5.
A signed acknowledgment of responsibility from the parcel owner/agent
and the operator for joint and several liability for violations of
conditions or regulations, and/or blight relating to the UDCB;
6.
Proof of general liability insurance of at least one million
dollars ($1,000,000.00) covering the applicant's UDCB and naming
the City of Overland and the parcel owner as additional insureds;
7.
For non-profit operators, evidence that the non-profit has been
registered as a non-profit organization with the State of Missouri;
8.
Name and telephone number of any entity that may share or profit
from items collected via the UDCB;
9.
The name, address, email, website (if available), and telephone
number of the UDCB operator and parcel owner, including twenty-four
(24) hour contact information; and
10.
Any other reasonable information regarding time, place, and
manner of UDCB operation, placement, and/or maintenance that the Director
requires to evaluate the proposal consistent with the requirements
of this Article.
C. The Director shall either approve or deny the renewal of a UDCB permit
within thirty (30) calendar days of receipt of the complete renewal
application and payment of the renewal fee.
D. The Director shall approve the renewal of a UDCB permit if he or she finds that no circumstances existed during the term of the UDCB permit or existed at any time during the review of the application for renewal that are inconsistent with any criteria required for approval of a new UDCB permit as specified in Section
400.1080 that would justify the revocation of the UDCB permit as specified in Section
400.1125.
E. See Section
400.1095 for the appeal and petition processes for UDCB permit decisions, including decisions regarding renewal.
[Ord. No. 2023-12, 6-26-2023]
A. The Director shall not issue a UDCB permit or renewal unless each
of the following is true:
1.
The applicant has submitted a complete and accurate application
accompanied by the applicable fee;
2.
There are no open citations, unpaid fines, or unresolved violations
or complaints related to any UDCB managed by the proposed operator;
3.
Any verified blight on the subject property has been abated
and any case of a complaint to the City regarding blighted conditions
on the subject property has been closed;
4.
The proposal is consistent with all the requirements of this
Article; and
5.
For renewals, the site does not have a history of being a nuisance
even if incidents of blight were abated. For the purpose of this Section,
"history of being a nuisance" means the UDCB received three nuisance
citations and orders in the previous twelve (12) months.
[Ord. No. 2023-12, 6-26-2023]
The Director shall provide a written decision regarding the
placement of a UDCB within thirty (30) calendar days of the submission
of a complete application for a UDCB permit.
[Ord. No. 2023-12, 6-26-2023]
A. Appeals to the Board of Adjustment From Decision of the Director.
1.
Any person aggrieved by the determination of the hearing by
the Director as aforesaid may appeal to the Board of Adjustment. An
appeal to the Board of Adjustment setting forth in writing all reasons
known to the applicant as to wherein and why the Director's determination
is in error must be submitted by the aggrieved party within ten (10)
days of the date of the determination for which review is sought.
2.
The filing of an appeal to the Board of Adjustment shall stay
the outcome of the Director's determination until the Board of
Adjustment renders a determination on the appeal.
3.
The Board of Adjustment shall make its determination of the
appeal in writing and give notice thereof to all parties.
4.
A concurring vote of four (4) members of the Board of Adjustment
shall be necessary to reverse any order, requirement, decision, or
determination of the Director.
5.
Any person aggrieved by the decision of the Board of Adjustment may seek judicial review pursuant to the provisions of Chapter 536, RSMo., in accordance with and governed by the provisions of Section
400.950 of this Code.
[Ord. No. 2023-12, 6-26-2023]
A. No more than one (1) UDCB is permitted per parcel. UDCBs placed on
separate, adjacent parcels must be placed at least one thousand (1,000)
feet away from the nearest UDCB as measured by a straight line from
the nearest point of the property line of the parcel on which the
UDCB is located to the nearest point of the property line of the parcel
on which the other UDBC is to be located.
B. UDCBs are only allowed to be located in the following districts,
which are designated in the Zoning Maps described in the City of Overland
Zoning Ordinance:
C. No UDCBs are permitted in any "R" or "M" Districts.
D. A UDCB is only permitted on a lot that also contains a principal
building that contains at least one (1) operating business.
E. UDCBs are prohibited within any of the following locations:
2.
Five (5) feet from any property line; or
F. UDCBs cannot block or impede access to:
1.
Required parking or driveways;
3.
Emergency vehicle routes;
4.
Building ingress and egress;
5.
Required handicapped accessibility routes;
7.
Trash enclosure areas or access to trash bins/trash enclosures;
or
G. UDCBs cannot impede the functioning of exhaust, ventilation, or fire
extinguishing systems.
H. The donation/collection area must be visible from the principal building
and be no more than ten (10) feet from a continually operating light
source.
[Ord. No. 2023-12, 6-26-2023]
A. UDCBs shall:
2.
Be placed on ground that is paved with cement or asphalt;
3.
Have a collection opening that has a tamper-resistant locking
mechanism;
4.
Not be more than eighty-four (84) inches high, seventy-two (72)
inches wide and seventy-two (72) inches deep;
5.
Not be electrically or hydraulically powered or otherwise mechanized;
6.
Not be a fixture of the site or considered an improvement to
real property; and
7.
Have the following information conspicuously displayed on at
least two (2) inch type face visible from the front on the UDCB:
a.
The name, address, twenty-four (24) hour telephone number, and,
if available, the internet web address, and email address of the owner
and operator of the UDCB and the parcel owner/agent;
b.
Address and parcel number of the site;
c.
Instructions on the process to register a complaint regarding
the UDCB with the City of Overland, Department of Community Development,
in substantially the following form:
"To register a complaint regarding this UDBC, contact the City
of Overland at (314) 428-4677 or at CommunityDevelopment@overlandmo.org
with the permit number and location of the UDCB detailing the complaint."
d.
The type of material that may be deposited;
e.
A notice stating that no material shall be left outside the
UDCB;
f.
The pickup schedule for the UDCB;
g.
A City-provided sticker that identifies the box as being properly
permitted by the City.
8.
If the UDCB is owned by a non-profit organization, the following
information shall also be included:
a.
A statement describing the charitable cause that will benefit
from the donations;
b.
The Federal tax identification number of the non-profit organization
operating the UDCB; and
c.
The statement: "This collection box is owned and operated by
a non-profit organization."
9.
If the UDCB is owned by a for-profit entity:
a.
"This donation is not tax deductible"; and
b.
"This collection box is owned and operated by a for-profit organization."
B. The parcel containing the UDCB shall display an additional standalone
sign with text in at least two-inch typeface stating that no material
shall be left outside the UDCB. This sign shall be installed at a
visually conspicuous location within a radius of twenty (20) feet
from the UDCB.
[Ord. No. 2023-12, 6-26-2023]
A. No blight shall be within twenty (20) feet of the UDCB, including,
but not limited to, donation/collection overflow, litter, debris,
and dumped material.
B. UDCBs shall be maintained and in good working order. Items to be
repaired, removed, and/or abated include, but are not limited to graffiti,
removed or damaged signs and notifications, peeling paint, rust, and
broken collection operating mechanisms.
C. UDCBs shall be serviced not less than weekly between 7:00 A.M. and
7:00 P.M. on weekdays and 10:00 A.M. and 6:00 P.M. on weekends. This
servicing includes the removal of donated/collected material and abatement
of the blight described in this Section.
D. The operator shall maintain an active email address and a twenty-four
(24) hour telephone service with recording capability for the public
to register complaints.
E. UDCBs cannot be used for the collection of solid waste and/or any
hazardous materials.
[Ord. No. 2023-12, 6-26-2023]
Applicants and/or owner(s) agent shall maintain a minimum general
liability insurance of one million dollars ($1,000,000.00) for the
duration of the operation of a UDCB at each site, to cover any claims
or losses due to the placement, operation, or maintenance of the UDCB
and naming the City of Overland as additional insured.
[Ord. No. 2023-12, 6-26-2023]
A. Whenever the Director or his/her designee determines that a UDCB
is in violation of this Article, he/she shall promptly notify the
parcel owner/agent and UDCB operator via first-class United States
Mail or by posting a copy thereof on the property involved and shall
include a statement of the condition constituting such nuisance and
those actions necessary to remove, terminate or abate the same. 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. Each day, after the ten (10) calendar day cure period, that a violation
of a requirement of this Article is not abated constitutes a new and
separate offense.
C. The operation or maintenance of an unpermitted UDCB may be abated
or summarily abated by the City.
D. Abatement of said nuisances shall conform to the procedures set forth
in Section 225.030 of the Code.
E. The property owner and operator are jointly and severally liable
and responsible for compliance with these regulations, including all
costs, incurred by the City, associated with the abatement of any
nuisance(s) related to UDCB.