[Ord. No. 031110 Art. I, 11-10-2003]
No person shall cause, maintain or permit on premises owned
or controlled by him/her within the City limits of Willard, a nuisance
which may be dangerous or detrimental to the public health or render
obnoxious articles into the air which may be detrimental to the health
of the inhabitants of the City of Willard.
[Ord. No. 031110 Art. I §1, 11-10-2003]
A.
The following
things are hereby declared to be nuisances; provided that such listings
shall not be deemed exclusive:
1.
Carcasses
of animals remaining exposed more than four (4) hours after death.
2.
Ashes,
slops, filth, excrement, soot, rubbish, manure, stagnant water, all
sorts of decaying animal matter, decaying fruits or vegetables, discarded
wearing apparel, dead animals or any other offensive or disagreeable
substance or thing deposited or caused or permitted to remain, left
or deposited in such quantity or in such condition as to be offensive
to the sight or smell or menace to health, safety, peace or comfort
of the people of Willard or of such a nature as to be or become harbors
or breeding places for mosquitoes, ants, flies, rats, mice or other
insects.
3.
Accumulating,
storing, piling, stacking or placing of papers, magazines, rags, sawdust,
boxes, old machinery, junk, unusable equipment, junk motor vehicles
(those not operable and motor vehicles which are unlicensed or not
currently registered), wrecks or parts of worn out automobiles, scrap
iron or other metals, tins cans, old bottles, broken glass deposited
or caused or permitted to remain, left or deposited in such quantity
or in such condition as to be offensive to the sight or smell or menace
to health, safety, peace or comfort or such a nature as to be or become
harbors or breeding places for mosquitoes, ants, flies, rats, mice
or other insects, animals or vermin, whether left or deposited upon
private premises owned, occupied or controlled by persons causing
or permitting the same; or upon any public street, sidewalk, alley,
parkway, public enclosure or vacant lot.
4.
The
operation of slaughterhouses, soap factories, sawmills and other places
of business or factories causing an offensive odor or emitting articles
into the air obnoxious to the health of the inhabitants of the City
of Willard.
5.
Feces
left by any said dog on any sidewalk, gutter, street, park or other
public area or on any private property used by said dog for depositing
any feces, if the same is done in the presence of the owner of said
dog or in the presence of any person exercising control over said
dog at the time of said offense.
[Ord. No. 031110 Art. I §2, 11-10-2003; Ord. No. 101025A §1, 10-25-2010]
A.
Whenever
the Director of Development of the City, or the City's designee, shall
ascertain or have knowledge that a nuisance exists on any premises
in the City, he/she shall, by written notice, notify the person or
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 ten (10) days, provided that, if such house or premises
is not occupied and the owners having the right of possession are
non-residents, the of Director of Development of the City, or the
City's designee, shall notify the non-resident owners by posting a
notice of his/her request to abate or remove such nuisance within
the time to be specified in such notice upon such house or premises
and by sending a copy of such notice by registered mail to the last
known address of the non-resident owners. In the event of non-resident
owners of unoccupied premises, the time specified in such notice shall
not be less than ten (10) days.
B.
No person
notified as provided in this Section shall fail, neglect or refuse
to comply with said notice and for the abatement of said nuisance
within the time specified in such notice.
[Ord. No. 031110 Art. I §3, 11-10-2003]
Police Officers and other employees of the City authorized by
the Board of Aldermen or the Chief of Police are hereby authorized
and required to go, in the daytime, in and upon any house, building,
lot or premise, whether public or private, for the purpose of removing
or abating any nuisances, when abatement of a nuisance is ordered
or authorized under the provisions of this Article and after due process
has been afforded.
[Ord. No. 031110 Art. I §4, 11-10-2003]
Any person violating the provisions of this Article shall be
punished, upon conviction thereof, by a fine not less than twenty-five
dollars ($25.00) and more than five hundred dollars ($500.00) or imprisonment
not to exceed three (3) months or by both such fine and imprisonment.
[Ord. No. 031110 Art. I §5, 11-10-2003]
City may abate nuisances when owner or occupant of the premises
fails to do so. If, upon a trial for the violation of this Article,
the judge of the Municipal Court shall find that a violation exists
and that the respondent (owner or occupant) has had proper notice
as provided in this Section and that the respondent (owner or occupant)
has failed to abate the nuisance, the judge of the Municipal Court
may, in addition to the penalty for violating this Chapter, make an
order directing the Chief of Police and Police Officers of the City
to abate such nuisance forthwith and immediately report the expense
thereof to the judge of the Municipal Court who shall, as a part of
the costs of such prosecution, render judgment against the respondent
for the amount of such expense, which shall be collected as other
fines and costs; provided that, if the person who shall violate, neglect,
fail or refuse to comply with any provision, regulation or requirement
of this Chapter is a non-resident, the Police Officer of the City
shall immediately abate the nuisance and report the expense thereof
to the Collector and the owner of such land shall be civilly liable
to the City for such costs.
[Ord. No. 031110 Art. II §1, 11-10-2003]
A.
The presence
of high weeds, high grass, brush and other rank vegetation, excluding
shade trees ornamental shrubs, fruit trees, domesticated berry bushes
and vines, cover crops and domestic grains and plantings, on lots
and pieces of land within the City constitute a menace to the public
safety, health and welfare by reason that such conditions may:
1.
Cause
a fire hazard.
2.
Furnish
cover for prowlers.
3.
Create
a nuisance with potential danger of injury on rocks, debris, holes,
etc., covered by excess growth.
4.
Obstruct
visibility at street intersections.
5.
Result
in the aggravation of allergies.
6.
Furnish
a potential harborage or breeding place for disease-carrying insects,
mice, rats, animals and poisonous snakes.
[Ord. No. 031110 Art. II §2, 11-10-2003; Ord. No. 090713 §1, 7-13-2009]
The growth of weeds, brush or rank vegetation shall constitute a public nuisance when, in the judgment of the Director of Development of the City or the City's designee, any such growth on a lot or piece of land may substantially endanger the health, safety or welfare of the public, having considered those hazards enumerated in Section 215.070 of this Article II of this Chapter. Violation of this Code Section shall subject the owner to a summons to Municipal Court whereupon an entry of a guilty plea or upon a finding of guilt for the violation of this Section may subject the owner to a fine up to and including five hundred dollars ($500.00) per offense. Additionally, the property owner may be liable for the cost of abatement as detailed in Section 215.120 of this Article II of this Chapter.
[Ord. No. 031110 Art. II §3, 11-10-2003; Ord. No. 090713 §2, 7-13-2009]
The growth of weeds, brush, grass, briars or other rank vegetation in excess of twelve (12) inches in height exclusive of ornamental shrubs, flowers, vegetable crop, fruit trees, berry bushes, cover crops, domestic grains or other cultivated crops is declared to be public nuisance, per se, detrimental to the health, safety and welfare of the public. Violation of this Code Section shall subject the owner to a summons to Municipal Court whereupon an entry of a guilty plea or upon a finding of guilt for the violation of this Section may subject the owner to a fine up to and including five hundred dollars ($500.00) per offense. Additionally, the property owner may be liable for the cost of abatement as detailed in Section 215.120 of this Article II of this Chapter.
[Ord. No. 031110 Art. II §4, 11-10-2003]
It shall be unlawful for any property owner, lessee, occupant or agent in control of any lot or piece of land to allow weeds, grass, brush or rank vegetation to attain a height greater than twelve (12) inches on such land or lot. Any person violating this Section shall be punished as provided by Section 215.160 herein.
[Ord. No. 031110 Art. II §5, 11-10-2003; Ord. No. 090713 §3, 7-13-2009; Ord. No.
130708A, 7-8-2013]
Whenever the Director of Development of the City or the City's designee has knowledge of and believes that a nuisance, per se, exists under Section 215.090 or whenever the Director of Development of the City or the City's designee shall be of the opinion that a nuisance exists under Section 215.080 hereof, he/she may post a notice containing an order to abate the nuisance on the land where such nuisance exists or may serve a copy on the person in possession of the premises if occupied. If vacant, the Director of Development of the City or the City's designee shall send a copy of such notice to the last known address of the owner via certified mail. If the nuisance is not abated within seven (7) days from the date the notice is posted on the premises or mailed, then the Director of Development of the City or the City's designee shall issue the appropriate citation therefore. Should the person maintaining the nuisance be unable, unwilling or otherwise fail to abate the nuisance, the Director of Development or the City's designee shall cause such nuisance to be abated by whatever reasonable means are necessary including use of contracted services.
[Ord. No. 031110 Art. II §6, 11-10-2003; Ord. No. 090713 §4, 7-13-2009]
The cost of abatement such as, but not limited to, cutting and
removing weeds, high grass, brush, briars and other rank vegetation
shall be computed by the Director of Development of the City or the
City's designee and certified to the City Clerk. The owner of the
property whereon such nuisance was abated shall be liable to the City
for the cost of such abatement. The City Clerk shall cause a special
tax bill, therefore, against the property to be prepared and to be
collected by the Collector with other taxes assessed against the property.
The tax bill from the date of this issuance shall be a first (1st)
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 infirmity 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 (1st) day of June each year. Such bills, if not paid when
due, shall bear interest at the rate of eight percent (8%) per annum.
[Ord. No. 031110 Art. II §7, 11-10-2003]
A.
Charges
for weed removal shall be a lien upon the premises. Whenever a bill
for such charges remains unpaid for sixty (60) days after it has been
rendered, the Clerk may file with the Recorder of Deeds of Greene
County a statement of lien claim. This statement shall contain a legal
description of the premises, the expenses and costs incurred and the
date the weeds were cut and a notice that the City claims a lien for
this amount.
B.
Notice
of such lien shall be mailed to the owner of the premises if his/her
address is known. Provided however, that failure of the Clerk to record
such lien claim or to mail such notice or the failure of the owner
to receive such notice shall not affect the right to foreclose the
lien for such charges as provided in the following Section.
[Ord. No. 031110 Art. II §8, 11-10-2003]
A.
Property
subject to a lien for unpaid weed cutting charges shall be sold for
non-payment of the same and the proceeds of such sale shall be applied
to pay the charges after deducting costs, as is the case in the foreclosure
of statutory liens. Such foreclosure shall be in equity in the name
of the City.
B.
The City
Attorney is hereby authorized and directed to institute such proceedings,
in the name of the City, in any court having jurisdiction over such
matter, against any property for which such bill has remained unpaid
sixty (60) days after it has been rendered.
C.
In addition
to the other remedies contained herein, should the costs of abatement
remain unpaid after demand has been made, the Clerk shall reflect
the charges as a tax assessment and when forwarding other tax assessments
shall forward the costs of said abatement to the Collector of Revenue
of Greene County, pursuant to Section 71.285, RSMo., for collection
in the same manner and at the same time as other taxes are collected.
[Ord. No. 031110 Art. II §9, 11-10-2003]
No proceeding in Municipal Court for prosecution of a violation of Section 215.100 of this Article shall prohibit or be any bar to a proceeding by the City under the provisions of Sections 215.110, 215.120, 215.130 and 215.140, nor shall any proceeding by the City under Sections 215.110, 215.120, 215.130 and 215.140 be any bar to a proceeding in Municipal Court for prosecution of a violation.
[Ord. No. 031110 Art. II §§10
— 11, 11-10-2003]
A.
Any person
violating the provisions of this Article shall be punished, upon conviction
thereof, by a fine not less than twenty-five dollars ($25.00) or more
than five hundred dollars ($500.00) or imprisonment not to exceed
three (3) months, or by both such fine and imprisonment.
B.
Should
the same person cause a nuisance to be maintained a second (2nd) time
in any given year or the following year, the fine imposed shall be
doubled. For each consecutive offense thereafter, the fine imposed
may be doubled, until the total fine reaches the sum of five hundred
dollars ($500.00). Thereafter, the fine for each subsequent violation
shall be five hundred dollars ($500.00).
