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HomeMy WebLinkAbout1982-34 - Prohibition on Deposits and Accumulations of Litter on Private PropertyBILL N0. 82-34 ORDINANCE N0. 82-34 AN ORDINANCE PROHIBITING DEPOSITS AND ACCUMULATIONS OF LITTER ON PRIVATE PROPERTY IN THE CITY OF RIVERSIDE, MISSOURI; PRO- VIDING A LIEN FOR CITY CLEARANCE; AND PRESCRIBING PENALTIES , FOR THE VIOLATIONS OF ITS PROVISIONS. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: Section 1. SHORT TITLE. This ordinance shall be known and may be cited as the "Riverside Anti-Litter Ordinance". Section 2. PURPOSE. The purpose of this ordinance is to protect the health, safety, welfare and prevent depreciation of adjoining or general properties of those persons who live and work in the City of Riverside by prohibiting both accumulations of litter and those deposits of litter which are, or are likely to become, accumulations of litter endangering the public health, safety and welfare, in that such accumulations and deposits of litter attract and harbor rodents, vermin and disease germs and contain carcinogens and other matter with deletrious effects upon the public health, safety and welfare. Section 3. DEFINITIONS. For the purposes of this ordinance the fo lowing terms, phrases, words and their derivations shall hav~ the meaning given herein. When not inconsistent with the-context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. (a) Authorized rivate rece tacle means a litter storage an co ection receptacle as required and authorized by Chapter 10.0, Section 2 of the Code of Ordinance of the City of Riverside, Missouri. (b) City means the City of Riverside, Missouri. (c) Interested Person means any owner, lessee, occupant, mortgagee, agent or any other person having a present legal interest in private property as shown by the land records of Platte County, Missouri. (d) Litter means all wastes, both combustible and noncom u~stiTle, whether solid or liquid, including, but not limited to garbage, rubbish, refuse, trash, animal and vegetable wastes resulting from the handling preparation, cooking and consumption of food, ashes, cinders, dead animals, abandoned automobiles, solid market and industrial wastes, paper, wrappings, card- board, metal cans, bottles, wood, glass, bedding, and any other matter which, if thrown, deposited, dumped or caused or allowed to accumulate as herein prohibited including demolition fill creates or is likely to create a danger to the public health, safety, welfare, or depreciation of adjoining property. (e) Person means any person, firm, partnership, association, corporation, company or organization of any kind. (f) Private rp opera means any property not owned by the ity or any tate or Federal governmental entity and shall include any yard, lot or grounds, whether improved or unimproved and whether vacant or occupied, together with any walk, driveway, parking lot, porch, steps or vestibule belonging or appurtenant to such yard, lot or grounds. Section 4. DEPOSIT OF LITTER ON PRIVATE PROPERTY. No person shall throw or deposit or dump any litter on any private property within the City, whether owned by such person or not, except that an interested person in possession or control of private property may maintain authorized private receptacles for collection of litter in such manner that litter will be prevented from being carried or deposited upon any public or private property. Section 5. ACCUMULATION OF LITTER ON PRIVATE PROPERTY. No interested person in possession or control of private property in this City shall cause or allow the accumulation of any litter on such private property except in authorized private receptacles in the manner provided for in Section 4 of this ordinance. Section 6. DUTIES OF THE DIRECTOR OF PUBLIC SAFETY. The Director of Public Safety may: (a) Inspect or cause to be inspected any private property about which complaints are filed by any person to the effect that such private property is or may be existing in violation of this ordinance. (b) Notify in writing the owner or lessee persons of any private property found by him to contain accumulations of litter in violation of this ordinance and order that such accumulation must be removed from the private property within a reasonable time not to exceed 30 days; provided, that upon receipt of an application from any interested person notified to conform to such order and an agreement by such inter- ested person that he will comply with the order if allowed additional time, the Mayor and Board of Alermen may in their discretion grant an extension of time within which to complete said removal. (c) Set forth in the notice and order provided for in subsection (b) hereof a description of the accumu- lation of litter deemed a hazard to the public health, safety and welfare, an order requiring the private _ property to be put in compliance with the terms of this ordinance within a reasonable time not to exceed 30 days, and a statement of the penalties for noncompliance with the order and of the availability of a right to appeal the Director's decision. (d) Report to the Board of Aldermen any noncompliance with the notice provided for in subsections (b) and (c) hereof. (e) Appear at all hearings conducted by the Board of Aldermen and testify as to the condition of the litter on private property. Section 7. DUTIES OF THE BOARD OF ALDERMEN. The Board of Aldermen may: (a) Upon receipt of a report from the Director of Public Safety as provided in subsection 6(d) hereof give written notice to all interested persons notified under subsection 6(b) hereof to appear before them on the date specified in the notice to show cause why the accumulation of litter on private property should not be removed in accord- ance with the notice and order issued by the Director of Public Safety pursuant to subsections 6(b) and (c) hereof. (b) Hold a hearing as provided for in Section 9.15 of the Housing Code of this City in accord- ance with the provisions of that Section. (c) Make written findings of fact from the evidence offered pursuant to subsection (b). (d) Issue an order based upon written findings of fact commanding all interest persons notified under subsection 6(b) hereof to remove any accumulation of litter found to be a detriment to the public health, safety, welfare or depreciation of property within 30 days of the date of the order. (e) If any interested person fails to comply with the order provided for in subsection (d) hereof within 30 days, the Board of Aldermen may cause the accumulation of litter to be removed from the private property and may cause the costs of such removal and legal costs of a suit filed by the City to be: (1) charged against the private property upon which the accumulation existed as a municipal lien; or, (2) added to the tax duplicate as an assessment, or, (3) levied as a special tax against the private property upon which the accumulation existed; or (4) recovered in a suit at law in any Court against the owner; provided, that in cases where such procedure is desirable and any delay thereby caused will not be dangerous to the public health, safety, and welfare, the Board of Aldermen may notify the City Attorney to take legal action to enforce the owner or other interested person to remove the accumu- lation of litter. Section 8. APPEAL AUTHORIZED. Any interested person ordered to remove an accumulation of litter under the provisions of subsection 7(d) hereof may appeal the finding of the Board of Aldermen to the Circuit Court as provided for in Chapter 536 of the Revised Statutes of Missouri. Section 9. EMERGENCY CASES. In case where it reasonably appears that there is immediate danger to the life, health or safety of any person unless an accumulation of litter is immediately removed, the Director of Public Safety shall report such facts to the Board of Aldermen, who, upon finding that such immediate danger exists, shall cause the immediate removal of such accumulation. The costs of such emergency removal shall be collected in the same manner as provided for in subsection 7(e) hereof. Section 10. PENALTIES. Any person who violates Section 4 of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00). Each instance of throwing, depositing or dumping litter shall constitute a separate offense and shall be punishable as such hereunder. Any person who fails to comply with any notice or order to remove an accumulation of litter on private property issued under the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00) and a further sum of not less than Ten Dollars ($10.00) nor more than Twenty Dollars ($20.00) for each and every day such failure to comply with any order continues beyond the date fixed for compliance. Section 11. WHERE INTERESTED PERSON ABSENT FROM THE CITY. In all cases, except emergency cases, where the owner or other interested person is absent from the City all notices or orders provided for herein shall be sent by certified mail, return receipt requested, to all such interested persons to the last known address of each, and a copy of such notice shall be posted in a conspicuous place on the private property to which it relates. If service of a notice or order cannot be obtained by certified mail, then service by publication shall be made in accordance with Rule 54.17 of the Missouri Supreme Court Rules of Civil Procedure. Section 12. ADMINISTRATIVE LIABILITY. No officer, agent or employee of the City of Riverside shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this ordinance. Any suit brought against any such officer, agent, or employee as a result of any such act shall be defended by an attorney hired by the City of Riverside until the final determination of the proceedings therein. Section 13. SEVERABILITY. This ordinance shall be deemed to be in addition to and not in lieu of any other ordinance or code in effect at the time of the adoption of this ordinance. Should any section, sentence, or clause of this ordinance be declared invalid or unconstitutional, such declaration shall not effect the validity of the remaining sections. PASSED THIS /ztt,, DAY OF ~ , 1982. ATTEST: ~ ~~~, CITY ERK APPROVED THIS /a? L~~ DAY OF ~~ , 1982.