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BULLETSt. Louis City Revised Code Chapter 11.58 Nuisances Part I

St. Louis City Revised Code (annotated) has been converted to electronic format by the staff of the St. Louis Public Library. This electronic version has been done for the interest and convenience of the user. These are unofficial versions and should be used as unofficial copies.

Official printed copies of St. Louis City Revised Code may be obtained from the Register's Office at the St. Louis City Hall.



Chapter 11.58
Nuisances
PART I ABATEMENT

Sections:
 
11.58.010 Nuisance defined.
11.58.020 Health Commissioner's powers.
11.58.030 Building and premises inspected for nuisances.
11.58.040 Bids for abating nuisances.
11.58.050 Misdemeanor not to abate.
11.58.060 City's right to recover cost.
11.58.070 Without notice--Method.
11.58.080 Without notice--Cost.
11.58.090 With notice--Hearing.
11.58.100 With notice--Order.
11.58.110 With notice--Method.
11.58.120 With notice--Cost.
11.58.130 Record of proceedings.
11.58.140 Interested persons may appear at hearings.
11.58.150 Pro rata distribution of cost of abating nuisance located on property of more than one owner.
11.58.160 Right of entry.
11.58.170 Authorization to enjoin nuisances.

11.58.010 Nuisance defined.

Every continuing act or thing done, made, permitted, allowed or continued on any property, public or private, by any person or legal entity, their agents or servants or any person or legal entity who aids or abets therein, to the damage or injury of the inhabitants of the City or a substantial part thereof, shall be deemed a public nuisance unless otherwise provided for in this code.
(Ord. 56705 1, 1974: 1948 C. Ch. 45 1: 1960 C. 535.010.)

Cases:

A charter provision giving the city the power to declare, prevent and abate nuisances on private property gives the city the power to pass an ordinance forbidding the owner of the premises from permitting a growth of weeds. City of St. Louis v. Galt, 77 S.W. 876, 179 Mo. 8 (1903).

Erection and maintenance of a frame building on lots adjoining a building owned by plaintiff, in violation of a city ordinance, and which is a public nuisance under such ordinance, and which allegedly damaged plaintiff's property, states a good cause of action as against a demurrer. Harman v. City of St. Louis, 38 S.W. 1102, 137 Mo. 494 (1897).

A smoke ordinance which declared the emission of dense black or thick gray smoke into the air a nuisance held to be beyond the power of the city, unreasonable and void. City of St. Louis v. Heitzeberg Packing and Provision Co., 42 S.W. 954, 141 Mo. 375 (1897).

Whether a business or occupation (storage of scrap iron, rags and junk) is a nuisance so as to justify zoning ordinance prohibiting the use of property for such business within certain districts is a question of fact. City of St. Louis v. Evraiff, 256 S. W. 489, 301 Mo. 231 (1923).

Ordinance will not be declared void for vagueness if ordinance is susceptible to any reasonable construction that will sustain it. City of Clarkson Valley v. Jones, 872 S.W.2d 531 (1994).

McQuillin:

24.58 Generally, what constitutes a nuisance

11.58.020 Health Commissioner's powers.

Nothing in any ordinance now in force or that may hereafter be enacted relating to nuisances or denominating particular acts as misdemeanors or prescribing penalties therefor shall be construed as limiting or interfering with the duties and powers of the Health Commissioner relative to the condemnation and abatement of any matter which in law constitutes a nuisance.
(1948 C. Ch. 45 2: 1960 C. 535.020.)

Charter:

Art. XIII 14--C(c) Division of health

McQuillin:

24.70 et seq.Abatement by municipality

11.58.030 Building and premises inspected for nuisances.

Police officers and any officer, agent or employee of the Division of Health or representative appointed by the Health Commissioner are hereby authorized to enter and inspect all buildings and parts of buildings and other premises for the purpose of examining the sanitary condition thereof and for the discovery and abatement of nuisances therein.

If any nuisance or unsanitary condition be found on such inspection, it shall be reported forthwith to the Health Commissioner.
(1948 C. Ch. 45 3: 1960 C. 535.030.)

City Counselor Ops.: 10053

11.58.040 Bids for abating nuisances.

Bids for abating nuisances upon the order of the Health Commissioner, shall be sealed and accompanied by a cashier's or treasurer's check on a bank or trust company located in this City and shall be payable to the City Treasurer in the amount of the deposit required by the advertisements.

The Health Commissioner shall let the work by contract to the lowest responsible bidder, first requiring bond to the City. The Health Commissioner may reject any bid when not satisfied with the character or responsibility of such bidder and may reject all bids submitted and readvertise the work.
(1948 C. Ch. 45 4: 1960 C. 535.040.)

11.58.050 Misdemeanor not to abate.

If the owner, his agent and the occupant fail to abate a nuisance after an order by the health commissioner to do so, each shall be guilty of a misdemeanor.
(1948 C. Ch. 45 5: 1960 C. 535.050.)

11.58.060 City's right to recover cost.

Nothing in this chapter shall be construed as abandoning or limiting the city's right by civil action to recover the expense incurred in abating any nuisance.
(1948 C. Ch. 45 6: 1960 C. 535.060.)

11.58.070 Without notice--Method.

In the case of a nuisance which the health commissioner is authorized, by the Charter, to abate without notice, he may use any suitable means or assistance for that purpose. He may be aided by employees of the division of health, day laborers especially employed for that purpose, any other help or assistants necessary therefor or, at his discretion, he may let a contract for such work.
(1948 C. Ch. 45 7 (part): 1960 C. 535.070 (part).)

11.58.080 Without notice--Cost.

The health commissioner shall certify the cost of abating the nuisance to the comptroller, who shall draw his warrant upon the treasurer for the payment thereof, if help not otherwise paid by the city has been utilized.

The comptroller shall cause a special tax bill for the cost to the city of abating the nuisance to be prepared and assessed against the property on which the nuisance was located and against the person guilty of causing or allowing such nuisance to exist. This special tax bill shall be collected like other taxes and be a first lien on the property until paid.
(1948 C. Ch. 45 7 (part): 1960 C. 535.070 (part), 535.080.)

11.58.090 With notice--Hearing.

In the case of a nuisance which the health commissioner is required, by the Charter, to give notice to the property owner or his agent and hold a hearing prior to declaring such condition to be a nuisance and ordering its abatement, the health commissioner shall give five days' notice of a hearing prior to declaring the nuisance and ordering its abatement, specifying in such notice the day and hour of the hearing.
(1948 C. Ch. 45 8 (part): 1960 C. 535.090 (part).)

11.58.100 With notice--Order.

If, after such hearing, the health commissioner shall order the owner of the property on which the nuisance is located or his agent or the occupant of the property to abate the nuisance and if it is not abated by the owner, his agent or the occupant within the time prescribed by the health commissioner in his order, the health commissioner shall abate this nuisance.
(1948 C. Ch. 45 8 (part): 1960 C. 535.090 (part).)

11.58.110 With notice--Method.

The health commissioner may use any suitable means or assistance for the purpose of abating any nuisance described in Sections 11.58.090 and 11.58.100, whether employees of the division of health, day laborers especially employed for that purpose, any other help or assistance necessary therefor or, at his discretion, he may let a contract for the work after advertising three times for competitive bids. The last publication of this advertisement must be at least five days before the date appointed for opening the bids. These advertisements shall state the general nature of the work and the time and place of receiving bids therefor.
(1948 C. Ch. 45 9 (part): 1960 C. 535.100 (part).)

11.58.120 With notice--Cost.

The health commissioner shall certify the cost of abating the nuisance to the comptroller, who shall draw his warrant upon the treasurer for the payment thereof, if help not otherwise paid by the city has been utilized.

The comptroller shall cause a special tax bill for the cost to the city of abating the nuisance to be prepared and assessed against the property on which the nuisance was located and against the person guilty of causing or allowing the nuisance to exist. This special tax bill shall be collected like other taxes and be a first lien on the property until paid.
(1948 C. Ch. 45 9 (part): 1960 C. 535.100 (part), 535.110.)

11.58.130 Record of proceedings.

The health commissioner shall keep a record of proceedings in cases of abatement of nuisances ordered by him.
(1948 C. Ch. 45 10: 1960 C. 535.120.)

11.58.140 Interested persons may appear at hearings.

At hearings before the health commissioner relating to the abatement of nuisances as provided for in this chapter, the interested persons may appear in person, by attorney or may file an affidavit in their own behalf.
(1948 C. Ch. 45 11: 1960 C. 535.130.)

11.58.150 Pro rata distribution of cost of abating nuisance located on property of more than one owner.

If any nuisance abated by the health commissioner extended before abatement over the property of more than one owner, over a plurality of city lots or over a plurality of plots or parcels of land, the cost of abating such nuisance shall be assessed in proportion to the amount of work and expense for each proportionate part of the entire work and the area. The special tax bills provided for in this chapter shall be levied and collected accordingly. In determining who is the owner of any particular lot, plot or parcel of land for the pro rata distribution of the assessment of the cost, each group of owners, as, for instance, in joint tenancy or in common, shall be deemed a single owner in order to preserve to the city its lien against the particular lot, plot or parcel of land under the special tax bill levied against such property.
(1948 C. Ch. 45 12: 1960 C. 535.140.)

11.58.160 Right of entry.

Any person employed, or contracted with, for the abatement of a nuisance as provided for in this chapter and any agent or employee of such person shall have the right of entry for that purpose into and upon any premises. Any interference with such entry or entry by any police officer, any officer, agent or employee of the division of health or by any representative of the health commissioner for the purpose of sanitary inspection or the discovery or abatement of any nuisance shall constitute a misdemeanor.
(1948 C. Ch. 45 13: 1960 C. 535.150.)

City Counselor Ops.: 10053

11.58.170 Authorization to enjoin nuisances.

In addition to any and all provisions in this chapter concerning abatement of nuisances by various city officials, the city counselor, in the name of the city, is hereby authorized to apply to any appropriate court of the state of Missouri for an injunction to enjoin the continuance of any public nuisance defined in this chapter or in any other chapter in this code. The aforesaid application or petition for an injunction shall be subject to all appropriate state procedural rules and laws concerning injunctions.
(Ord. 56705 2, 1974: 1960 C. 535.160.)

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