[CC §74.010]
It shall be unlawful for any person to obstruct or to throw
anything or material into any ditch or natural drain that might tend
to obstruct the natural flow of water within such ditch or natural
drain, or to permit or cause to be permitted any such obstruction
to be placed in said ditch or natural drain.
[CC §74.020]
A.
It
shall be unlawful for anyone to disturb the surface of the ground
or to do any act which would result in mud and dirt washing onto the
public streets of the City of Scott City and into the public sewer
system of the City of Scott City, Missouri.
1.
It shall be unlawful for any person at any site upon which construction
is taking place, where it is necessary to disturb the surface of the
ground in order to complete the construction, to construct any such
facility in such manner so that mud and dirt will wash onto any public
street or into any public sewer facility of the City of Scott City.
2.
Before being issued a permit for such construction, it will be necessary
for the person seeking said permit to submit a plan and drawing of
the manner in which the construction work is to be done and which
plan and drawing will show that dirt and mud will not be permitted
to wash out onto a public street or into a public sewer facility.
[CC §74.030; Ord.
No. 915 §1, 2-22-2011; Ord. No. 1179, 3-16-2020]
Each property owner or occupier of a business, house, mobile
home, apartment or other dwelling shall display the number assigned
to each property by the City of Scott City, Missouri, on the front
of the dwelling or business. Numbers must be at a minimum of three
(3) inches tall and in contrasting color of the building or reflective
and must be visible/unobstructed from the street. The emergency management
director may direct the number be posted at another site on the property
if he/she determines posting the number by the front door would not
be visible to emergency responders.
[CC §74.050]
A.
All
pool halls located within the corporate limits of Scott City shall
be closed for business except when permitted by law to be open. The
permitted hours of operation shall be, during the days Monday through
Saturday, inclusive, from 6:00 A.M. to 12:00 Midnight; on Sundays
a pool hall may be open from 12:00 Noon until 6:00 P.M.
B.
No
minor shall enter or remain in any premises operated as a pool hall,
unless such minor shall present a written consent signed by the parents
or legal guardian of said minor, authorizing him to play pool or to
be in such pool hall.
[Ord. No. 818 §1, 4-2-2007]
It shall be unlawful for any owner, lessee, occupant or any
agent, servant, representative or employee of such owner, lessee or
occupant having control of any real estate within the City to permit
any ice boxes, freezers, refrigerators, washers, dryers, dishwashers
or any other appliance containing doors to be in any unsecured buildings
or outside the exterior walls of any building located on said real
estate, unless the doors to said appliance are first secured by a
lock or other secure device to prevent entry into the appliance by
any third party.
[Ord. No. 62 §§1-4, 5-18-1981]
A.
No
person shall willfully and maliciously tack, wire, tie or affix any
card, poster, bill, streamer, announcement or other advertising matter
upon any tree, shrub, post, pole, or building located on public property
owned by the City of Scott City, Missouri.
B.
No
person shall willfully and maliciously tack, wire, tie or affix any
card, poster, bill, streamer, announcement or other advertising matter
upon any tree, shrub, post, pole, pier or abutment used for telegraph,
telephone, electric light and power or radio broadcasting purposes;
nor shall any person injure, molest or destroy any of the lines, insulators,
wire, posts, poles, piers, or abutments of any such company used in
or about the transmissions of dispatches; radio programs or other
communications or in the transmission of electricity for light or
power purposes.
C.
No
person shall affix any sign, poster, billboard or other advertising
matter upon private property in such a way that it protrudes over
a public street or sidewalk so that to obstruct or restrict the public
use of said street or sidewalk or other public place.
D.
Nothing
contained in this Section shall be construed as prohibiting the display
of cards, posters, bills, streamers, announcements or other advertising
matter upon private property, so long as the advertising matter displayed
does not obstruct or restrict public use of a street, sidewalk or
other public place.
[CC §§65.010 — 65.050; Ord. No. 198 §§2 —
3; Ord. No. 236 §2, 9-5-1988; Ord.
No. 307 §1, 5-21-1990; Ord.
No. 393 §1, 12-7-1992; Ord. No. 585 §§1 —
2, 10-20-1997; Ord. No. 718 §5, 3-17-2003; Ord. No. 760 §§1 — 2, 7-6-2004; Ord. No. 803 §1, 6-5-2006]
A.
Removal Of Debris.
[Ord. No. 1004 §1, 8-25-2014; Ord. No. 1176, 1-21-2020; Ord. No. 1181, 4-20-2020; Ord. No. 1187, 5-4-2020]
1.
Residential, commercial and industrial property. It shall be unlawful for the owner, lessee, occupant, or any agent,
servant, representative or employee of such owner, lessee, or occupant
having control of any lot or land or having use of any alleys or easements
adjacent to said lot or land zoned residential, commercial or industrial,
including, but not limited to, on any porch, deck, carport, driveway,
yard, or in any location which can be viewed from a location off the
premises, to permit or maintain on such lot, land, alley or easement
or on or along the sidewalk and street between said person's lot and
the curb the presence of any debris of any kind, including, but not
limited to, weed cuttings, cut and fallen trees and shrubs, bedding
bottles, broken glass, cans, card board, cartons, furniture manufactured
for indoor use only, jars, lumber and building supplies Material that
are not neatly stacked, machine parts motor vehicle parts, pallets,
paper, plumbing fixtures, inoperable appliances, scrap metal, tire
rims, tires, and water heaters or overgrown vegetation and weeds which
are seven (7) inches or more in height, junk and trash, lumber not
piled or stacked twelve (12) inches off the ground, rocks or bricks,
tin, steel, broken furniture or any flammable material which may endanger
public safety.
2.
Agricultural. It shall be unlawful for any
owner, lessee, occupant, or any agent, servant, representative or
employee of such owner, lessee or occupant having control of any lot
or land zoned agricultural to permit or maintain on such lot or land
the presence of any debris of any kind, including, but not limited
to, weed clippings, cut and fallen trees and shrubs, overgrown vegetation
and weeds which are twelve (12) inches or more in height, junk and
trash, lumber not piled or stacked twelve (12) inches off the ground,
rocks or brick, tin, steel, broken furniture or any flammable material
which may endanger public safety. However, the prohibition on the
height of vegetation shall not apply to unharvested crops under cultivation
and land which is used for pasture.
B.
The maintenance of any debris, set forth in Subsection (A) hereof, is declared to be a public nuisance.
C.
Cultivation Of Agricultural Crops. Nothing contained in
the above Subsection shall prohibit the cultivation of agricultural
crops, where permitted by the zoning ordinances of Scott City, except
that the cultivation of agricultural crops shall not be permitted
within fifteen (15) feet of any improved street or alley or drainage
ditch.
D.
Vegetation At Street Intersection. No person shall allow
vegetation (trees, shrubs, grass, etc.) or any other object to be
so located as to unreasonably obstruct the view of approaching or
cross traffic at street intersections.
E.
Duty Of Owner, Lessee Or Occupant. It shall be the duty of any owner, lessee or occupant of any lot or land to remove any debris maintained on said lot or land or on any alley or easement adjacent to said lot or land or on any portion of City right-of-way between the lot and the curb so as to comply with the provisions of Subsections (A) and (D) hereof.
F.
When City To Do Work.
[Ord. No. 970 §1, 6-3-2013; Ord. No. 1032 §1, 9-8-2015]
1.
Abatement notice. Whenever weeds or debris
in violation of this Chapter are allowed to grow or accumulate, as
the case may be, on any part of any lot or ground within the City,
an abatement notice shall be served on the owner of the property where
the violation is believed to exist. An abatement notice must be served
on the owner of the property upon which the violation is believed
to exist only if the abatement costs are to be assessed against the
property. The abatement notice shall contain the following:
a.
Description of the location and nature of the alleged violation;
b.
Statement of the acts necessary to abate the alleged violation;
c.
A deadline for abating the alleged violation;
d.
Information on the right and manner of requesting a hearing
to contest the violation declaration; and
e.
A statement that if the violation is not abated as ordered and
if no request for hearing is made within the prescribed time, the
City or persons under contract with the City may enter upon the property
and abate the alleged violation and assess the costs against the owner
of the property.
2.
Service of abatement notice. The notice shall
be served by at least one (1) of the following methods:
a.
Personal service on the property owner or the owner's agent;
b.
Service by mail addressed to the last known address of the owner
or the owner's agent; or
c.
Posting the notice on the property where the violation is alleged
to exist.
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Notice shall be considered given on the date the notice is personally
served, mailed or posted.
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3.
Abatement hearing officer. The Police Chief
shall be the abatement hearing officer or such other person as designated
by the Mayor and Council.
4.
Request for hearing. The property owner of
the property on which the nuisance or violation is alleged to exist
may contest the abatement notice by requesting a hearing. The request
for hearing must be made in writing and received by the Chief of Police
within seven (7) days of service of the abatement notice.
The request for hearing must be either hand-delivered or received
by the Chief of Police by U.S. Mail, facsimile machine or electronic
mail. The request for hearing must state the address to which the
notice of hearing may be sent.
5.
Notice of hearing. At least seven (7) days
written notice of the hearing shall be given to the person that requested
the hearing except in cases where the public health, safety or interest
shall make a shorter time reasonable. Notice shall be hand-delivered
or mailed to the address provided in the request for hearing. Notice
shall be presumed received three (3) days after it is mailed.
6.
Hearing and decision. The hearing officer shall
conduct the hearing and enter a decision. If the hearing officer determines
that a nuisance or violation exists as charged in the abatement notice,
the hearing officer may enter an order of abatement directing that
the nuisance be abated by the property owner and under such conditions
and within such time as the hearing officer deems appropriate under
the circumstances, or in the alternative or in addition to, the hearing
officer may enter an order for the City to abate the nuisance or violation.
7.
Abatement by the City. Upon an order by the
abatement hearing officer, the City or persons under contract with
the City may enter upon the property and abate the nuisance or violation
and assess the costs against the property owner.
8.
Collection of abatement costs. The costs to
the City for any abatement shall be certified to the City Clerk. The
costs shall include one hundred fifty dollars ($150.00) in administrative
costs as well as the actual costs of the abatement. The City Clerk
shall cause a special tax bill against the property to be prepared
in the amount of the abatement and administrative costs. The tax bill
from the date of its issuance shall be a lien on the property until
paid and shall be prima facie evidence of the recitals therein and
of its validity. Tax bills issued under this Section shall bear interest
at the rate of eight percent (8%) per annum. The cost of abatement
shall also constitute a personal obligation of the property owner.
Unpaid tax bills issued under this Chapter shall be a basis to suspend
any licenses of the owner, including business license or liquor license
and to revoke any building permits or utility services to the property
in question.
G.
City May Proceed In City Court. In addition to the remedy set forth in Subsection (F), hereof, the City Attorney may proceed to file a municipal ordinance violation against the person in violation of Subsections (A) or (D) hereof, which is punishable under Subsection (H) hereof of the Scott City Municipal Code. The failure of the City to follow the procedure set forth under Subsection (F) of this Section, shall not be a bar or defense to any action instituted by the City Attorney in Municipal Court for violation of Subsections (A) and (D) hereof.
H.
Penalty. Each person who shall neglect to remove debris as directed by this Chapter, or shall fail, neglect, or refuse to comply with the provisions of any notice herein provided, or who shall resist or obstruct the Nuisance Officer or any other representative of the City in the removal of the debris shall, upon conviction thereof, be guilty of misdemeanor. If any person fails to comply with Subsection (E) the City may, at its option, proceed administratively as provided by Subsection (F) or, without notice, immediately prosecute any person alleged in violation of Subsection (E) in Municipal Court, or do both simultaneously.
[Ord. No. 1083 § 1, 6-5-2017]
[Ord. No. 1274, 6-6-2022]
A.
It
shall be unlawful for any owner or occupant of any lot or driveway
or other property within the City to cause or permit the emission
of smoke, dust, fumes, gas or other odors beyond the confines of the
premises, which is obnoxious or offensive to persons or which cause
damage to property adjoining or in the vicinity of the premises.
B.
Upon notification by the Nuisance Officer of the violation set forth in Subsection (A) above, the owner or occupant shall cure the violation by sprinkling the premises or taking such other remedial action to abate the emissions. Notification may be by regular mail, personal service upon the owner or occupant or posting on the premises.
C.
Upon
failure to comply with the notification of the Nuisance Officer, the
owner or occupant may be charged in Municipal Court for violation
of this Section and be subject to the penalties assessed for nuisance
violations.
[Ord. No. 395 §1, 2-17-1993; Ord.
No. 698 §1, 10-1-2001]
No person shall obstruct or endanger or place or permit anything
to obstruct or endanger the free passage or proper use of any public
street, sidewalk, alley, crosswalk, bridge, easement for ingress and/or
egress, or entrance to any church, school or any other public hall
or place.
[Ord. No. 552 §1, 3-17-1997; Ord.
No. 858 §1, 7-20-2009]
If any owner of any lot or tract, who is directed by the City Council pursuant to Section 88.877, RSMo., to build or construct, or rebuild or reconstruct, or repair a sidewalk along or adjacent to his/her property or who is directed to grade, fill or part that portion of the street between the property line and the street curb and after having received proper notice to do said work fails, neglects or refuses to comply with this Section, said person shall be guilty of a misdemeanor and may be punished in accordance with Section 110.010 of the City Code.
[Ord. No. 596 §1, 2-17-1998; Ord.
No. 858 §2, 7-20-2009; Ord. No. 1184, 4-20-2020]
A.
Except
as hereafter provided, every outdoor swimming pool or family pool
shall be completely surrounded by a fence of not less than four (4)
feet in height, which shall be so constructed as to not have openings,
holes, or gaps larger than four (4) inches in any dimension except
for doors and gates; and if a picket fence is erected or maintained,
the horizontal dimension between the pickets shall not exceed four
(4) inches. A dwelling house or accessory building may be used as
part of such enclosure. The above provision shall not be applicable
to any swimming pool or family pool, which has an attachable deck
or fencing which is so attached to the pool as to provide a fence
completely surrounding the pool of no less than two (2) feet in height
from the top of the pool to the top of the fence and no less than
four (4) feet from ground level to the top of the attachable deck
or fence.
B.
All
gates or doors opening through such enclosure shall be equipped with
a latching device for keeping the gate or door securely closed at
all times when not in actual use, except that the door of any dwelling
which forms a part of the enclosure need not be so equipped.
C.
This
requirement shall be applicable to all new swimming pools or family
pools hereafter constructed, other than indoor pools, and shall apply
to all existing pools which have a minimum depth of eighteen (18)
inches of water. No person in possession of land within the City,
either as owner, lessee, tenant or a licensee, upon which is situated
a swimming pool or family pool having a minimum depth of eighteen
(18) inches shall fail to provide and maintain such fence as herein
provided.
D.
The
building inspector may recommend to the City Council and the City
Council may approve modifications in individual cases, upon a showing
of good cause with respect to the height, nature or location of the
fence, gates or latches or the necessity therefor, provided the protection
as sought hereunder is not reduced thereby. The building inspector
may recommend and the City Council may approve other protective devices
or structures to be used so long as the degree of protection afforded
by the substitute devices or structures is not less than the protection
afforded by the fence, gate and latch described herein.
E.
The
owners, lessees, tenants, or licensees of any existing pools, which
fail to meet the requirements set forth above, shall have until June
15, 1998 to comply with provisions of the Code relating to enclosure
of swimming pools.
F.
Any swimming pool erected or maintained in violation of this Section is hereby declared a nuisance. Any owner, lessee, tenant or licensee, who fails to comply with this Section after receipt of fifteen (15) days' written notice from the Building Inspector, shall be guilty of a misdemeanor and may be punished pursuant to Section 100.010 of the City Code. Each day a person remains in violation of this Section constitutes a separate offense for the purpose of prosecution in Municipal Court.
[Ord. No. 612 §1, 7-20-1998]
A.
It
shall be unlawful for any person to burn any weeds, grass, growing
crops, stubble or other vegetation on any property used for agricultural
purposes, except as hereinafter provided.
B.
In
special circumstances, upon recommendation of the Fire Chief, the
Mayor and City Council may approve the burning of vegetation, which
special circumstances shall be duly noted in the minutes of the City
Council.
[Ord. No. 1162, 11-4-2019]
The City Council appoints a Nuisance Officer whose duties shall
include enforcing all provisions of this Chapter relating to nuisances,
disabled and abandoned automobiles, animal regulations and dangerous/substandard
buildings. The Nuisance Officer shall be under the direct supervision
and a member of the Public Works Department. The officer may also
be assigned such duties as the Public Works Director may require within
or outside the department, such as enforcing condemnation of substandard
buildings and assisting the Fire Chief as Building Inspector.
[Ord. No. 1292, 11-21-2022]
A.
Search
Warrant Defined — Who May Issue, Execute.
1.
An administrative search warrant is a written order of the Municipal
Judge commanding the search or inspection of any property, place or
thing, and the seizure, photographing, copying or recording of property
or physical conditions found thereon or therein to determine or prove
the existence of violations of any ordinance or Code Section of the
City of Scott City ("City") relating to the use, condition or occupancy
of property or structures located within the City, or to enforce the
provisions of any such ordinance or Code Section.
2.
The Municipal Judge having original and exclusive jurisdiction to
determine violations against the ordinances of the municipality may
issue an administrative search warrant when:
a.
The property or place to be searched or inspected or the thing to
be seized is located within the City at the time of the making of
the application; and
b.
The owner or occupant of the property or place to be searched or
inspected or the thing to be seized has refused to allow same after
official request by the City or is unavailable to give consent.
3.
Any such warrant shall be directed to the Chief of Police or any
other Police Officer, or the Code Official of the City and shall be
executed by said officials within the City limits and not elsewhere.
B.
Who
May Apply For Warrant — Contents Of Application.
1.
Any Police Officer, Code Official or an attorney of the City may
make application to the Municipal Judge for the issuance of an administrative
search warrant.
2.
The application shall:
a.
Be in writing;
b.
State the time and date of the making of the application;
c.
Identify the property or places to be entered, searched, inspected
or seized in sufficient detail and particularity that the officer
executing the warrant can readily ascertain it;
d.
State that the owner or occupant of the property or places to be
entered, searched, inspected or seized has been requested by the City
to allow such action and has refused to allow such action or that
a certified notice has been sent to the last known address for the
property owner as disclosed by the County Assessor's records and no
response has been received in a timely manner;
e.
State facts sufficient to show probable cause for the issuance of a search warrant, as provided in Subsection (C)(1) hereof, to:
(1)
Search or inspect for violations of an ordinance or Code Section
specified in the application; or
(2)
Show that entry or seizure is authorized and necessary to enforce
an ordinance or Code Section specified in the application and that
any required due process has been afforded prior to the entry or seizure;
f.
Be verified by the oath or affirmation of the applicant; and
g.
Be signed by the applicant and filed in the Municipal Court.
3.
The application may be supplemented by a written affidavit verified
by oath or affirmation. Such affidavit shall be considered in determining
whether there is probable cause for the issuance of a search warrant
and in filling out any deficiencies in the description of the property
or place to be searched or inspected. Oral testimony shall not be
considered.
C.
Hearing
And Procedure — Contents Of Warrant — Execution And Return.
1.
Hearing And Procedure.
a.
The Municipal Judge shall hold a non-adversary hearing to determine
whether probable cause exists to inspect or search for violations
of any City ordinance or Code Section, or to enforce any such ordinance
or Code Section.
b.
In doing so the Municipal Judge shall determine whether the action
to be taken by the City is reasonable in light of the facts stated.
The Municipal Judge shall consider the goals of the ordinance or Code
Section sought to be enforced and such other factors as may be appropriate,
including, but not limited to, the physical condition of the specified
property, the age and nature of the property, the condition of the
area in which the property is located, the known violation of any
relevant City ordinance or Code Section and the passage of time since
the property's last inspection. The standard for issuing a warrant
need not be limited to actual knowledge of an existing violation of
a City ordinance or Code Section.
c.
If it appears from the application and any supporting affidavit that
there is probable cause to inspect or search for violations of any
City ordinance or Code Section, or to enforce any such ordinance or
Code Section, a search warrant shall immediately be issued.
d.
The warrant shall issue in the form of an original and two (2) copies,
and the application, any supporting affidavit and copy of the warrant
as issued shall be retained in the records of the Municipal Court.
2.
Contents Of Search Warrant. The search warrant shall:
a.
Be in writing and in the name of the City;
b.
Be directed to any Police Officer or Code Official in the City;
c.
State the time and date the warrant was issued;
d.
Identify the property or places to be searched, inspected or entered
upon in sufficient detail and particularity that the officer executing
the warrant can readily ascertain it;
e.
Command that the described property or places be searched or entered
upon, and that any evidence of any City ordinance violations found
therein or thereon, or any property seized pursuant thereto, or a
description of such property seized be returned within ten (10) days
after filing of the application to the Municipal Judge who issued
the warrant, to be dealt with according to law;
f.
Be signed by the Judge, with his/her title of office indicated.
3.
Execution And Return.
a.
A search warrant issued under this Section shall be executed only
by a Code Official accompanied by a City Police Officer, provided,
however, that one (1) or more designated City Officials may accompany
the officer, and the warrant shall be executed in the following manner:
(1)
The warrant shall be executed by conducting the search, inspection,
entry or seizure as commanded and shall be executed as soon as practicable
and in a reasonable manner.
(2)
The officer shall give the owner or occupant of the property
searched, inspected or entered upon a copy of the warrant.
(3)
Receipt To Be Given For Property Seized.
(a)
If any personal property is seized incident to the search, the
officer shall give the person from whose possession it was taken,
if the person is present, an itemized receipt for the property taken.
If no such person is present, the officer shall leave the receipt
at the site of the search in a conspicuous place.
(b)
A copy of the itemized receipt of any property taken shall be
delivered to an attorney for the City within two (2) working days
of the search.
(c)
The disposition of property seized pursuant to a search warrant
under this Section shall be in accordance with an applicable City
ordinance or Code Section, but in the absence of same, then with Section
542.301, RSMo.
(4)
The officer may summon as many persons as he/she deems necessary
to assist him/her in executing the warrant, and such persons shall
not be held liable as a result of any illegality of the search and
seizure.
(5)
An officer making a search pursuant to an invalid warrant, the
invalidity of which is not apparent on its face, may use such force
as he/she would be justified in using if the warrant were valid.
(6)
A search warrant shall expire if it is not executed and the
required return made within ten (10) days after the date of the issuance
of the warrant.
b.
Warrant Return.
(1)
After execution of the search warrant, the warrant, with a return
thereon signed by the officer making the search, shall be delivered
to the Municipal Court.
(2)
The return shall show the date and manner of execution and the
name of the possessor and of the owner, when not the same person,
if known, of the property or places searched or seized.
(3)
The return shall be accompanied by any photographs, copies,
or recordings made, and by any property seized, along with a copy
of the itemized receipt of such property required by this Section;
provided, however, that seized property may be disposed of as provided
herein, and in such a case a description of the property seized shall
accompany the return.
(4)
The Court Clerk, upon request, shall deliver a copy of the return
to the possessor and the owner, when not the same person, of the property
searched or seized.
