ORDINANCE NO. 63836 SUMMARY


This ordinance gives the appropriate city officials the authority to impose additional sanctions and penalties for repeated nuisance behavior related to residential or commercial property.

Definition of Nuisance:

For the purposes of this ordinance, a nuisance is defined as any activity which is of an ongoing and continuous nature and constitutes a substantial interference to the health, safety, welfare or convenience of the inhabitants of the City of St. Louis, including:
    • peace disturbance
    • lewd and lascivious behavior
    • maintaining a house of prostitution
    • excessive noise
    • use of firearms
Two separate processes can lead to a public hearing:

A. Police make arrests or issue summons:
    1. Police officer issues summons to or makes an arrest of individual or individuals engaged in nuisance behavior.

    2. Health Commissioner issues warning notice of violation advising property owner to abate problem.

    3. Police issue second summons or arrest within sixty (60) days.

    4. Property owner receives second notice from Health Commissioner.

    5. Police issue third summons or arrest within sixty (60) days.

    6. Health Commissioner issues an order declaring there is reasonable cause that a nuisance exists and issues notice of hearing to determine whether nuisance exists and to determine appropriate remedies for abatement and enforcement.
B. Resident Petition:
    1. A petition is submitted to the Health Commissioner with the signatures of a majority of registered voters or property owners within a radius of three hundred (300) feet plus one half (l/2) of the width of the alleged nuisance property (from the center of the front of the property to the street).

    2. The petitions are reviewed by the Excise Cominissioner to determine whether a majority of registered voters or property owners have signed the petition
Public Hearing:
    1. Upon receipt of the petition, or notice of the third citation, the Health Commissioner sets a time for a public hearing.

    2. The Health Commissioner sends a notice to the property owners and the person or persons designated to represent the petitioners at least ten (10) working days before the date of the hearing.

    3. The Department of Public Safety appoints a hearing officer who is both a resident of the City of St. Louis and an attorney who has been in practice for two (2) years.

    4. The hearing officer presides over the public hearing, during which all interested parties have an opportunity to comment. Interested parties at the hearing might include the property owner, renters, mortgagors, neighbors and police officers.

    5. In determining whether a property is detrimental to a neighborhood, the hearing officer may consider the following:

      • physical characteristics of the neighborhood
      • litter
      • public drinking lewd and indecent conduct
      • the committing of crimes prohibited by state or federal law on or in the immediate vicinity of the property
      • illegal use or sale of drugs
      • harassment or intimidation
      • noise
      • street or sidewalk congestion caused by the owner or occupant
      • other activity deemed relevant by the hearing officer

    6. At the conclusion of the hearing the hearing officer makes a recommendation. If the officer determines that a nuisance exists, he or she will also recommend appropriate means of abatement of the problem. The hearing officer can recommend that the property be closed down for a period of thirty (30) days to one (1) year
Penalties:

Penalties imposed for non-compliance will be not less than $300 and/or ninety (90) days in jail or not less than fifty (50) hours of community service.