Article I General Provisions
[Ord. No. 860 §1(215.010), 5-15-1996]
The Board of Aldermen of the City of Platte City, Missouri, hereby declares it to be the purpose of this Chapter and the policy of the City to protect the health, safety, welfare, prosperity and peace of the citizens of Platte City and to prevent the depreciation of property within the City of Platte City by prohibiting nuisances. It is the intention of the Board to prohibit those conditions which could provide a breeding ground for rodents, insects, reptiles or other vermin, to prevent conditions which create attractive nuisances or safety hazards to children or others, to prevent the growth of weeds, to prevent unpleasant or noxious odors, to prevent conditions conducive to the spread of disease and to protect property values and quality of life by promoting the aesthetics of the City.
[Ord. No. 860 §1(215.020), 5-15-1996]
For the purposes of this Article, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, all references to the singular shall include the plural and vice versa. The word "shall" is always mandatory and not merely directory.
- The City of Platte City, Missouri.
- An act or circumstance, which causes annoyance or offense to another person or to the community at large. "Nuisance" shall specifically include any acts or conditions identified in this Chapter as a nuisance.
- Any person, firm, partnership, association, corporation, company or organization of any kind.
- UNSHELTERED STORAGE
- Storage or placement outside in any fashion other than wholly within a building such as a garage, barn or accessory building and so that the items being stored are concealed from view from the public ways and adjacent properties.
[Ord. No. 860 §1(215.030), 5-15-1996]
No person shall permit, cause, keep, maintain or commit any nuisance as defined by the laws of the State of Missouri or the ordinances of the City within the City limits of the City of Platte City, Missouri.
No owner, occupant or person in charge of any house, building, lot or premises within the City of Platte City shall cause or allow any nuisance to be or remain in or upon any such house, building, lot or premise.
The creation or maintenance of any condition which is in fact a nuisance is declared unlawful and subject to abatement and shall not be affected by the fact that it is not specifically enumerated in this Chapter.
[Ord. No. 860 §1(215.040), 5-15-1996]
Unsheltered Storage Of Personal Property. No person shall permit the unsheltered storage of old, used, stripped or junked personal property of any kind (except in licensed junk yards) including, but not limited to, junk, trash or other debris, abandoned, discarded or unused objects or equipment of any kind whatsoever, vehicle parts or tires, scrap metal, toys, furniture, barrels (metal, plastic or wood), buckets or cans, carpet or other flooring or inoperative lawn mowers.
Building Materials. No person shall permit the unsheltered storage of building materials, including lumber, siding, roofing materials, shingles, studs, cinder blocks, concrete blocks, bricks, stones, sheet rock, sheet metal, corrugated metal, rebar, metal stays and any other building material. Provided however, building materials may be stored upon property in those instances where the owner or occupant or other person on behalf of the owner or occupant of the property is constructing, repairing or remodeling a structure upon the premises for a period of time not to exceed the expiration date set forth in the building permit issued by the City for such construction, repair or remodeling. In the event the project does not require a building permit, then the storage of building materials for the project shall not exceed thirty (30) days. If the project requires a building permit, but no permit is issued by the City, then no unsheltered storage of building materials shall be permitted.
Litter. No person shall permit the accumulation of plant or animal waste, litter, garbage, damaged merchandise, paper, cardboard or food.
Odors And Dust. No person shall permit the emission or creation of offensive, disagreeable, noxious or toxic dust, vapor, fume, mist or odor.
Weeds. No person shall permit weeds or grass to attain the height of twelve (12) inches or more or permit the accumulation of dead brush, branches or other plants. The word "weeds", as used herein, shall include all vegetable growths except cultivated plants, trees and shrubs.
Septic Tanks, Sewers And Cesspools. No person shall maintain or permit any defective, broken or exposed septic tank, cesspool or sewer to exist.
Animal Carcass. No person shall permit any animal carcass to remain exposed twenty-four (24) hours after death or permit any part of the carcass of any animal, including the hide, to remain exposed one (1) hour after death.
Rats And Insects. No person shall permit to exist or maintain any condition conducive to the harborage of rats, insects, reptiles or other vermin.
Burning Substances. No person shall burn any substance such as leaves, yard waste, trash or animal carcasses.
[Ord. No. 860 §1(215.060), 5-15-1996; Ord. No. 1330 §1, 11-6-2003]
A live or dead tree which constitutes a hazard to the safety of persons or of property, private or public, is hereby declared to be a nuisance and prohibited. Authorized representatives of the City may enter at all reasonable times upon any privately owned property for the purpose of inspection and investigation of any tree which may be in a hazardous condition.
Dead Or Diseased Tree Removal On Private Property. The City shall have the right to cause the removal of any dead or diseased trees on private property within the City, when such trees constitute a hazard to life and property, or harbor insects or disease which constitute a potential threat to other trees within the City. The Building Official will notify in writing the owners of such trees. Removal shall be done by said owners at their own expense, within sixty (60) days after the date of service of notice. In the event of failure of owners to comply with such provisions, the City shall have the authority to remove such trees and charge the cost of removal and administrative fees on the owners property tax notice.
[Ord. No. 860 §1(215.070), 5-15-1996]
All malfunctioning private sewage disposal systems which allow polluted, raw or partially treated wastewater or effluent to be deposited or stand upon any premises shall be deemed a nuisance and are prohibited. When any private sewage disposal system has been determined to be malfunctioning, the owner of the premises will be ordered to make connection to the public sewer if available.
[Ord. No. 860 §1(215.080), 5-15-1996; Ord. No. 1594 §1, 7-23-2008; Ord. No. 1614 §5, 2-24-2009; Ord. No. 1615 §5, 3-11-2009]
No person shall interfere with or obstruct any gutter, conduit, storm sewer, sewer or other outlet for water or natural drainage upon any private or public property except as permitted pursuant to a permit issued as hereinafter permitted.
Owners of private driveways in existence as of the date of passage of this Section may apply for a permit under this Section if the following conditions apply:
The slope of the driveway measured from the back of the curb to twelve (12) feet from the back of the curb exceeds nine percent (9%) on an upgrade, or
The slope of the driveway measured from the back of the curb to twelve (12) feet from the back of the curb exceeds nine percent (9%) on downgrades, or
The face of curb exceeds thirty percent (30%) (i.e. not a typical lazy back curb design), or
The rise from the low point in the gutter to the highest point in curb exceeds four (4) inches (i.e. not a typical lazy back curb design).
Any curb helper installed pursuant to a permit must meet the design regulations set forth below. All curb helper devices and designs:
Shall not extend beyond the curb and gutter edge (i.e. not into the traveled portion of the street), and
May be installed in a permanent fashion, but may not be made of concrete.
Shall be designed such that water is allowed to drain through the gutter line (i.e. not allowing water to pond on the up stream side of the curb helper).
Applications for curb helper permits are available at City Hall, and shall be made prior to any installations of any curb helper device. Submitted applications shall be reviewed by the Public Works Director. The Public Works Director may deny issuance of a permit and the installation of a curb helper, if the application does not meet any of the criteria above or if the Public Works Director determines that a particular application may present unusual safety or maintenance concerns as the Director shall in his or her sole discretion determine.
Applications that do not meet minimum criteria as prescribed herein may be appealed to the Board of Aldermen; however, applicant must provide proof of extraordinary circumstances for the application to be considered and must have exhausted all other efforts. Extraordinary circumstances could be, but are not limited to, safety and/or property damage.
[Ord. No. 860 §1(215.100), 5-15-1996]
No person shall corrupt or render unwholesome or impure the water of any spring, river, stream, pond or lake.
[Ord. No. 860 §1(215.110), 5-15-1996]
It is hereby declared a nuisance for any person to advertise wares or occupations by painting notices on or affixing notices to fences or other private property or on rocks or other natural objects without the consent of the owner of the property.
[Ord. No. 860 §1(215.120), 5-15-1996]
It shall be unlawful for any person, partnership or corporation to maintain upon the public right-of-way or upon any land situated within ten (10) feet of any public street or public highway any trash cans, garbage cans, garbage bags or refuse disposal receptacles for more than twenty-four (24) hours within the City of Platte City, Missouri.
[Ord. No. 860 §1(215.130), 5-15-1996]
No person shall make, continue, cause or permit to be made or continued any noise disturbance. A noise disturbance shall include, but not be limited to, use of sound-producing or reproducing equipment between the hours of 10:00 P.M. and 7:00 A.M. that is plainly audible within a dwelling unit that is not the source of the sound or use of such equipment on public property or on a public right-of-way so as to be plainly audible fifty (50) feet or more from the source of the sound. The Board of Aldermen may grant an exemption from this Subsection to allow a person reasonable use of public property or the right-of-way to broadcast music or speech. Any such exemption shall identify the period of time during which it is effective.
[Ord. No. 860 §1(215.140), 5-15-1996]
Unless a different time is specified for a particular nuisance, no condition shall be deemed a nuisance subject to prosecution unless it exists unabated for a period of at least twenty-four (24) hours.
[Ord. No. 860 §1(215.150), 5-15-1996]
Any person who violates Sections 215.030, 215.040, 215.050, 215.060, 215.070, 215.080, 215.090, 215.100, 215.110, 215.120 or 215.130 of this Chapter shall, upon conviction, be punished in accordance with the penalties set forth in Section 100.100 of the Municipal Code of the City of Platte City. Each day a violation of this Chapter continues shall be deemed a separate violation for purposes of this Section.
[Ord. No. 860 §1(215.160), 5-15-1996]
Whenever the Codes Enforcement Officer shall ascertain or have any knowledge that a nuisance exists in or upon any house, building, lot or premises in the City, he/she shall serve written notice upon the owner, occupant or lessee of the premises stating that a nuisance exists on the premises and that the owner, lessee or occupant is required to remove or otherwise abate the nuisance within a certain specified time, not more than thirty (30) days; provided, that no such nuisance may be required to be removed in less than twelve (12) hours unless it poses an immediate hazard to the safety of any person. The notice of the Codes Enforcement Officer shall not be deemed a condition precedent to a prosecution for maintaining any condition prohibited by this Chapter and the City shall not be required to prove compliance with this notice requirement in any such prosecution.
[Ord. No. 860 §1(215.170), 5-15-1996]
The Codes Enforcement Officer or other duly authorized representative of the City of Platte City is hereby authorized to enter and inspect all buildings and parts of buildings and other premises in the daytime for the purpose of examining the sanitary condition or other condition detrimental to the health, safety or welfare of the residents of the City, the existence of which constitutes a nuisance. Provided however, such City Official shall first obtain an administrative search warrant from the Municipal Judge or, in the alternative, shall obtain the consent of the owner or occupant of the premises. If on such inspection any nuisance or unsanitary condition be found, then the official may follow the provisions set forth by this Chapter for the abatement of the nuisance.
[Ord. No. 860 §1(215.180), 5-15-1996]
The Codes Enforcement Officer or other duly authorized representative of the City is hereby empowered to abate or remove either by draining, filling, removing, burning or discontinuing any nuisance from any cause whatsoever.
Before proceeding to abate or remove any nuisance, the Codes Enforcement Officer shall notify the owner, tenant, lessee or occupant or his/her agent, employee or manager having charge of, doing business in or occupying any house or building of any kind or any vacant lot, yard or piece of ground in or on which any nuisance exists. In the event the nuisance exists in a public street or alley, the Codes Enforcement Officer shall notify the person responsible for the existence and condition of the nuisance. The officer's notice shall be in writing and shall state the facts constituting the nuisance and order the person responsible for the premises to abate, remove or discontinue the nuisance. The notice shall be served in the same manner as writs of summons are served in civil cases. If the owner or tenant, lessee, agent, employee, manager or other person named in the notice cannot be found in the City, then the Codes Enforcement Officer shall cause such notice to be mailed by certified or registered mail, return receipt requested, and by regular mail, postage prepaid, to such owner, tenant, lessee or occupant at that person's last known address. In the event no address is known for such person, then the notice shall be posted conspicuously upon the premises.
No sooner than ten (10) days after service of such notice, whether by personal service, mailing or posting of such notice, the City Administrator shall give a hearing to the owner or owners of his/her or their agents. If the nuisance set forth in the notice shall not be abated, discontinued or removed by the date of such hearing, the City Administrator or other designated City Official may declare the condition to be a nuisance and order the same to be abated within ten (10) days. If the nuisance is not abated within ten (10) days, the City Administrator may direct the Codes Enforcement Officer or other designated City Official to proceed to abate and remove such nuisance.
Notice of the place and time of the hearing may be given to the owner or owners or his/her or their agents as part of the notice of nuisance or by separate notice. If notice of the place and time of the hearing is given by separate notice, it may be served by personal service, by regular mail, postage prepaid, to the owner or owners or his/her or their agents at that person's last known address, by publication for one (1) insertion of a paper published in the County or by posting of such notice upon the property where the nuisance is alleged to exist.
The Codes Enforcement Officer shall keep an accurate record of the cost of abating, discontinuing or removing any nuisance herein defined. The Codes Enforcement Officer shall report the cost thereof to the Board of Aldermen. The Board of Aldermen shall then proceed to levy and assess the costs as a special tax against each lot or parcel of land from which the nuisance is abated, discontinued or removed and shall direct the City Clerk to issue a special tax bill therefor against such tract or parcel of real estate to be collected by the City Collector or any duly authorized deputy. Such special tax bill shall be a special lien against such property in the same manner and with the same effect as special tax bills are for paying and shall be payable within thirty (30) days after the date thereof and, if not so paid, shall bear interest at the rate of eight percent (8%) per annum until paid. It shall be the duty of the City Clerk to keep all records as certified to him/her by the Codes Enforcement Officer, to prepare all books and accounts showing in detail the expenditures of the abatement, removal or discontinuance of any nuisance which may be property assessed against each such lot or parcel of land.
This assessment of any special tax bill issued pursuant to this Chapter or the filing of any suit to collect such special tax bill shall not render any person immune from prosecution for creating or maintaining a nuisance.
[Ord. No. 860 §1(215.190), 5-15-1996]
Any person affected by an order of the City Administrator issued pursuant to Section 215.170 (Abatement by City — Procedure) may seek review of the order before the Board of Aldermen. Request for review of the order must be filed with the City Clerk within ten (10) days of the date of the order of the City Administrator. Filing of the request for review will stay the abatement by the City until hearing by the Board of Aldermen or thirty (30) days, whichever occurs earlier. After hearing, the Board may affirm the order of the City Administrator, may vacate the order of the City Administrator or may amend the order of the City Administrator as appropriate.
[Ord. No. 860 §1(215.200), 5-15-1996]
In addition to the remedies set forth in this Chapter, the City may petition the Circuit Court of Platte County to enjoin any nuisance or threat to the public health, safety or welfare. The remedies set forth herein are cumulative and not exclusive and the City may seek any legal or equitable remedy at its disposal, regardless of whether it has exhausted any other remedy available to it under this Chapter.
In the event the City petitions the Circuit Court of Platte County to enjoin any nuisance or otherwise seeking abatement of a nuisance, the City will seek recovery of the reasonable attorney fees incurred by it to the extent permitted by Section 79.383, RSMo., 1994, or under any other provision of law.