Cross Reference—As to weeds, §§500.740 et seq.
A.
The following
are declared to be nuisances affecting health:
1.
All
decayed or unwholesome food offered for sale to the public or offered
to the public at no charge.
2.
All
diseased animals running at large.
3.
All
ponds or pools of stagnant water.
4.
Carcasses
of dead animals not buried or destroyed within twenty-four (24) hours
after death.
5.
Accumulations,
wheresoever they may occur, of manure, rubbish, garbage, refuse and
human and industrial, noxious or offensive waste, except the normal
storage on a farm of manure for agricultural purposes.
6.
Garbage
cans which are not fly-tight, that is, garbage cans which do not prevent
the entry of flies, insects and rodents.
7.
The
pollution of any well, cistern, spring, underground water, stream,
lake, canal or body of water by sewage or industrial wastes, or other
substances harmful to human beings.
8.
Dense
smoke, noxious fumes, gas and soot, or cinders in unreasonable quantities,
or the presence of any gas, vapor, fume, smoke, dust or any other
toxic substance on, in or emitted from the equipment of any premises
in quantities sufficient to be toxic, harmful or injurious to the
health of any employee or to any premises, occupant or to any other
person.
9.
Common
drinking cups, roller towels, combs, brushes or eating utensils in
public or semi-public places where not properly sanitized after use.
10.
Any
vehicle used for septic tank cleaning which does not meet the requirements
of this Chapter of the Code of Ordinances of the City of Sikeston.
11.
Any
vehicle used for garbage or rubbish disposal which is not equipped
with a water-tight metal body and provided with a tight metal cover
or covers and so constructed as to prevent any of the contents from
leaking, spilling, falling or blowing out of such vehicle at any time,
except while being loaded, or not completely secured and covered so
as to prevent offensive odors from escaping therefrom or exposing
any part of the contents at any time.
12.
Any
and all infestations of flies, fleas, roaches, lice, ticks, rats,
mice, fly maggots, mosquito larvae and hookworm larvae.
13.
The
keeping of animals and fowls in any area within the City not zoned
for agricultural uses except pet cats and dogs, animals in public
or licensed zoos, and farm animals in laboratories.
14.
Unlicensed
dumps and licensed dumps not operated or maintained in compliance
with the ordinances of the City of Sikeston and the Statutes of the
State of Missouri.
15.
No
person shall discharge or cause to be discharged into a storm water
system any waste materials, liquids, vapor, fat, gasoline, benzene,
naphtha, oil or petroleum product, mud, straw, lawn clippings, tree
limbs or branches, metal or plastic objects, rags, garbage or any
other substance which is capable of causing an obstruction to the
flow of the storm system or interfere with the proper operation of
the system or which will pollute the natural creeks or waterways.
16.
All
other acts, practices, conduct, business, occupation callings, trades,
uses of property and all other things detrimental or certain to be
detrimental to the health of the inhabitants of the City of Sikeston.
B.
Unlawful To Cause, Maintain Within City Or One-Half Mile Thereof. It is unlawful for any owner, lessee or occupant or any agent, servant,
representative or employee of any such owner, lessee or occupant having
control of any occupied lot or land or any part thereof in the City
of Sikeston or within one-half (½) mile of the corporate limits
of the City of Sikeston, Missouri, to cause, permit or maintain a
nuisance on any such lot or land. Additionally, it is unlawful for
any person or his/her agent, servant, representative or employee to
cause or maintain a nuisance on the land or property of another with
or without permission. Each day that a nuisance shall be maintained
is a separate offense.
C.
Abatement Generally.
1.
Abatement of nuisance—Abatement Officer. Whenever
the Abatement Officer for the City shall ascertain or have knowledge
that a nuisance exists on any premises in the City, he/she shall,
by written notice, notify the persons occupying or having possession
of said premises to abate or remove such nuisance within the time
to be specified in such notice, not less than fifteen (15) days. Failure
to abate such nuisance within the time specified within the notice
or failure to pursue the removal or abatement of such nuisance without
unnecessary delay, shall be deemed an ordinance violation.
2.
Notice. The Abatement Officer shall determine all individuals,
firms or corporations who, from the records in the Recorder of Deeds
office, appear to be the titled owners of the aforesaid property and
immediately cause a written notice to be served on each such individual,
firm or corporation by one (1) of the following methods:
a.
The
delivery of a true copy of the notice to the person(s) intended to
be notified, or the leaving of a copy at his/her usual place of abode
with some member of his or her family over the age of fifteen (15)
years.
b.
Mailing
a copy to such person at such place or address by United States certified
mail return receipt.
c.
If
service of such written notice is unable to be perfected by any of
the methods described above, the Abatement Officer shall direct the
City Clerk to cause a copy of the aforesaid notice to be published
in a newspaper of general circulation in the County where the City
is located, once a week for two (2) consecutive weeks and shall further
cause a copy of the aforesaid notice to be left with the individual,
if any, in possession of such property on which it is alleged such
public nuisance exists, or if there is no individual in possession
thereof, the Abatement Officer shall cause a copy of the notice to
be posted at such structure, location or premises. The Abatement Officer
may also determine from the Recorder of Deeds' office who the lienholder
of the property, if any, as documented therein, is and cause a written
notice to be served on such lienholder by United States mail return
receipt.
3.
Summary abatement. Whenever it becomes necessary to abate
a nuisance immediately in order to secure the general health, welfare
or safety of the City or any of its inhabitants, the City is authorized
to abate such nuisance without notice and may use any suitable means
or assistance for that purpose, whether by employees of the City or
laborers especially employed for that purpose, or any other help or
assistance necessary therefor.
4.
Municipal Court may order abatement—cost of abatement by the
City, how paid. If, upon a trial for the failure to abate
such nuisance within the time specified within the notice or failure
to pursue the removal or abatement of such nuisance without unnecessary
delay, the judge of the Municipal Court shall find that a violation
exists and that the defendant has had proper notice as provided in
this Section and that the defendant has failed to abate the nuisance,
the judge of the Municipal Court shall, in addition to the penalty
for violating this Section, make an order directing the Abatement
Officer to abate such nuisance forthwith and immediately report the
expenses thereof to the City Clerk or officer in charge of finance
who shall cause the certified cost to be included in a special tax
bill or added to the annual real estate tax bill, at the collecting
official's option, for the property and the certified cost shall be
collected by the city collector or other official collecting taxes
in the same manner and procedure for collecting real estate taxes.
If the certified cost is not paid, the tax bill shall be considered
delinquent, and the collection of the delinquent bill shall be governed
by the laws governing delinquent and back taxes. The tax bill from
the date of its issuance shall be deemed a personal debt against the
owner and shall also be a lien on the property until paid.
5.
Right of entry. Any person or contractor employed by or
under contract with the City for the abatement of a nuisance and any
agent or employee of such contractor shall have the right of entry
for that purpose into and upon any premises and it shall be unlawful
to interfere with any Police Officer, Abatement Officer or any officer,
agent or employee of the City or with any representative of the City
engaged in the abatement of any nuisance pursuant to an order of the
Municipal Judge or any summary abatement as described above.
6.
Remand and hearing. In case the Municipal Judge shall determine
that abatement of any alleged nuisance is not immediately necessary
for the protection of the health of the inhabitants of the City, he/she
may instead of entering a finding remand the matter to the City Council
and the City shall hold a hearing before declaring the same to be
a nuisance and ordering its abatement. At least fifteen (15) days'
notice of such hearing shall be given to the owner or occupant of
the premises upon which such alleged nuisance exists or to his/her
agent or to the person causing or maintaining such alleged nuisance,
which notice shall state the time and place of such hearing. All interested
parties may appear at such hearing either in person or by attorney
and present evidence concerning the matters at issue. If, upon such
hearing, the City Council finds that a nuisance exists, it shall order
the owner, occupant or agent of such property, or the person causing
or maintaining such nuisance, to abate the same and if the same be
not abated within the time prescribed by the City Council in such
order, the matter may again be presented for prosecution before the
Municipal Court for determination.
7.
Court suit authorized. Nothing in this Section shall be
construed as abandoning or limiting the City's right to bring suit
for all expenses attending the abatement of a nuisance, when performed
by the City, in any court of competent jurisdiction in the name of
the City against the person maintaining, keeping, creating or refusing
to abate the nuisance so abated.
[R.O. 2009 §8.08.060; Prior Code §5-104(a)]
It is unlawful for any person to operate within the City any
electrical apparatus generating or causing high frequency oscillations
or any other electrical apparatus, device, machine or equipment which
needlessly or unnecessarily causes interference with radio and/or
television reception and when such interference can be reasonably
prevented by means of repairs, adjustments, the installation of corrective
appliances or other practicable alterations; all such equipment, apparatus,
machines, lines and wiring shall be installed and maintained in such
condition as to eliminate such interference.
[R.O. 2009 §8.08.080; Prior Code §5-104(c)]
The administration and enforcement of shall be entrusted to
and imposed on the City Engineer and Department of Public Safety,
whose duty it shall be to investigate complaints of radio and/or television
interference, to locate the sources of such interference, to advise
and make recommendations as to its elimination and who may issue orders
for such repairs, adjustments or alterations, to be complied within
a reasonable length of time, as shall be practicable and reasonably
necessary to prevent the continuance of such interference.