City Clerk

Chapter 16

NUISANCES*

Sec. 16-1. Prohibited.

No person shall permit, cause, keep, maintain or create any nuisance, as defined by the laws of the state, this Code or other ordinances of the city, within the city limits. (Ord. No. 7610, §2, 12—18—86)

Sec. 16-2. Nuisances enumerated.

In addition to any other act declared to be a nuisance by Missouri law, this Code or other ordinances of the city, nuisances are hereby defined and declared to be as follows:

(a) Any pond or pool of stagnant water upon any premises. Stagnant water shall be any accumulation found in an improperly drained pool, pond, or collector that has not dispersed within five (5) days.

(b) Any foul or dirty water or liquid when discharged through any drain, pipe or spout, or thrown into or upon any street, thoroughfare or premises to the injury or hazard of the public.

(c) Any carcass of a dead animal which the owner or keeper thereof permits to remain within the limits of this city for more than twenty-four (24) hours after death.

(d) Trees, Shrubbery, Bushes, or Vegetation: Trees, shrubbery, bushes, or vegetation on private property including easements shall be trimmed as specified in the following subsections to prevent obstruction of the view and movements of vehicles and pedestrians. As used herein, the term "private property" includes property owned privately but subject to a public easement, including dedicated street right-of-way.

(1) A vertical clearance of at least seven (7) feet above any paved sidewalk, walkway, or public right-of-way used by the public as indicated by a worn path, or a walkway on a public easement.

(2) A vertical clearance of at least ten (10) feet beyond the edge of the street and fourteen (14) feet above the center of any traffic lane.

(3) To provide a clear line of sight for at least seventy-five (75) feet on the approach side for all street traffic signals or traffic control postings.

(4) To provide a visually clear triangular space at street intersections, determined by a diagonal line connecting two points measured twenty-five (25) feet equidistant from the intersection of edge of the intersecting streets.

(5) To provide easy and clear visibility, operation, and use of a fire hydrant or other utility or structure.

(e) Any dead trees, limbs or shrubs which are hazardous or injurious to the public.

(f) Any trees or shrubbery which interfere with the operation or visibility of a fire hydrant.

(g) Any obstruction including dirt, mud, snow, ice or filth, caused or permitted on any sidewalk to the danger of the public. Any stones, dirt, garbage, filth, vegetable matter or other articles allowed to remain on or in any street, alley, sidewalk or other public place or on any public premises. (As used herein; public premises to include any area open to the general public either privately or publicly owned.)

(h) Any stable, animal pen, poultry yard or coop permitted to be in such condition as to become offensive or injurious to the public.

(i) Any cellar, vault, private drain, pool, privy, sewer, cistern or sinkhole, upon any premises permitted to become foul, offensive, hazardous or injurious to the public health.

(j) Leghold traps placed outdoors on public or private property for the capture of animals.

(k) Any weeds on private property over seven (7) inches in height. As used herein, the term "private property" includes property owned privately but subject to a public easement, including dedicated street right-of-way.

(l) Any vegetation on private property at any location whatsoever, when such vegetation by direct contact or by proximity thereto can cause irritation or lesion to the skin of any person.

(m) Any area which is not covered by lawn or vegetation and not treated to prevent dust or the blowing and scattering of dust particles into the air. Any altered surface of the ground which would be liable to deposit mud or harmful silt, or create erosion or damage on public property.

(n) Any litter allowed to remain longer than one (1) week in any occupied private property or any open or vacant private property within the city. As used herein, the term "litter" includes garbage, trash, refuse, junk, tree limbs or other putrescible or nonputrescible solid waste.

(o) Any substance, vegetable or mineral, which emits an offensive, noxious, putrid or unhealthy odor in the neighborhood.

(p) Each act or thing done or made, permitted, allowed or continued on any property, public or private, by any person or corporation, their agents or servants to the damage or injury of any of the inhabitants of this city, and not herein before specified.

(q) Any lot or land if it has the presence of debris of any kind including, but not limited to, weed cuttings, cut and fallen trees and shrubs, overgrown vegetation and noxious weeds that are seven inches or more in height, rubbish and trash, lumber not piled or stacked twelve inches off of 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 which is unhealthy or unsafe and declared to be a public nuisance.

(r) Stagnant water and all items containing stagnant water. All stagnant water and items containing stagnant water which can serve as a breeding ground for mosquitoes, are hereby declared to be a public nuisance. This includes, but is not limited to, bottles, cans, tires, buckets, birdbaths, clogged gutters or any other places or objects containing stagnant water. This subsection shall not apply to ditches, drainage ways, detention basins, lakes, streams and natural land formations where water may collect, nor apply to treated water such as swimming pools. Stagnant water is defined for this subsection as water, which is not moving, or not flowing, or is motionless; and may become foul, stale or promote the breeding of mosquitoes.

(Ord. No. 7610, §2, 12—18—86; Ord. No. 7730, §1, 1—7—88; Ord. No. 8976, §§1-2, 11-16-00; Ord. No. 9239, §1, 3-20-03)

Cross reference—BOCA National Existing Structures Code, §5—21 et seq.

Sec. 16-3. Creating, maintaining, keeping or permitting a nuisance, or failure to abate a nuisance declared an offense.

It is an offense against this Code for any person to create, maintain, keep or permit a nuisance as defined by this Code or to fail to abate a nuisance after having received a notice issued pursuant to this chapter to abate the nuisance. (Ord. No. 7610, §2, 12—18—86)

Sec. 16-4. Inspection of premises.

The director of public works or authorized representative, the chief of police and policemen of the city are hereby authorized to enter into or upon any premises within this city where there is reason to suspect the existence of any nuisance as defined herein. (Ord. No. 7610, §2, 12—18—86)

Sec. 16-5. Abatement of nuisances—Authority of director of public works.

The director of public works or authorized representative is hereby empowered to abate any nuisance as defined herein, either by filling up, draining, cleaning, purifying, discontinuing or removing such nuisance. (Ord. No. 7610, §2, 12—18—86)

Sec. 16—6. Abatement of Nuisances, Notice; hearing, costs, lien, special tax bill, annual real estate tax bill.

(a) Whenever a nuisance is determined to exist, as defined in this article, the owner of the ground or owners in the case of joint tenants, tenants by the entirety or tenants in common shall be liable.

(b) The public works director or authorized representative may order abatement of a nuisance and in such case shall give at least ten (10) days' notice to abate the nuisance, either personally or by United States mail to the owner or owners, or his agents or their agents, or by posting such notice on the premises. A hearing before the public works director may be required by the owner or owners of the ground within five (5) days of the notice.

(c) If such a hearing is requested, the owner or agent shall arrange for it before the public works director within five (5) working days at the Kirkwood city hall during normal business hours.

(d) If at such a hearing, the public works director determines that a nuisance exists, the public works director shall order the same to be abated within five (5) days.

(e) If the nuisance is not abated within the notice period, or within five (5) days after a hearing, the director of public works or authorized representative may have the nuisance abated and shall certify the cost of same. A bill will be prepared for the cost of the work, including applicable overhead charges, but in no event shall the cost be less than two hundred dollars. If this bill is not paid within thirty (30) days from the date thereon, a special tax bill will be prepared and collected by the collector with other taxes assessed against the property, or the charge shall be added to the annual real estate tax bill at the discretion of the City.

(f) The special 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. Each special tax bill shall be issued by the city clerk and delivered to the collector on or before the first day of June of each year. Such tax bills, if not paid when due, shall bear interest in accordance with the rate established by State Statue.

(g) If the charge is to be added to the annual real estate tax bill for the property, the cost shall be certified by the city clerk and forwarded to the St. Louis County Collector to be assigned to the real estate tax bill.

(Ord. No. 8825, §1, 6-3-99; Ord. No. 8950, §1, 9-7-00)


*Editor's note—Section 1 of Ord. No. 7610, adopted Dec. 18, 1986, repealed former Ch. 16 and §2 of the ordinance enacted a new Ch. 16 to read as set out herein. Former Ch. 16 contained §§16—1—16—8, 16—20—16—25, and derived from Gen. Ords. 1959, §§31.08-31.11(a), (b), (d), 12, and the following ordinances:

Ord. No. Sec. Date Ord. No. Sec. Date
5707 1 6-13-74 6959 1-3 11-4-82
5874 1 10-2-75 7114 1 10-20-83
6941 1 9-16-82 7471 1 2-6-86
6958 1,2 11-4-82 7499 1 3-13-86

 

Cross references—Keeping more than three cats to constitute a nuisance, §4—5; garbage and trash, Ch. 10; offenses, Ch. 17.