State Law Reference — As to authority of cities of the fourth class to abate nuisances, see RSMo. §§ 67.398, 79.370 and 79.380. As to garbage, see RSMo. §§ 71.680 to 71.690. Also see RSMo. § 71.780. As to nuisance in cemetery, see RSMo. § 214.205.
Cross Reference — As to abatement of nuisances by board of aldermen, see § 2-22 of this Code. As to dangerous buildings, see §§ 5-15 to 5-20. As to abatement of nuisances by police, see § 24-19. As to combustible materials, see § 10-91. As to depositing garbage in streets, see § 13-2. As to weeds — grass, see § 13-5. As to non-operating and unlicensed motor vehicles, see §§ 18-53 — 18-55. As to odors, see § 20-18. As to discharge into sewer, see § 26-72. As to litter, see § 17-10. As to diseased trees and shrubs, see § 30-27.
[Ord. No. 468 § 2, 9-4-1951]
No person shall permit, cause, keep, maintain or do any nuisance as defined by the laws of the State and the laws and ordinances of the City, or cause to be committed, caused, kept, maintained or done any such nuisance within the City. No owner, occupant or person in charge of any house, building, lot or premises shall cause or allow any nuisance to be or remain in or upon any such house, building, lot or premises.
[Ord. No. 468 § 3, 9-4-1951; Ord. No. 1365 § 1, 5-18-1987; Ord. No. 1911 § 1, 7-1-1996]
The following are hereby deemed and declared to be nuisances:
Generally. Anything which is injurious to health, or indecent or offensive to the senses, or an obstruction to the free use of property, in such a way as to interfere with the comfortable enjoyment of life or property is a nuisance.
Substance Emitting Noxious Odors. All substances which emit or cause any foul, noxious, unhealthy or disagreeable odor or effluvium in the neighborhood where they exist.
Carcasses of Animals. All carcasses of animals remaining exposed one (1) hour after death.
Hides. All green or salted hides left or deposited in any open place.
Slaughterhouses in Offensive Condition. All slaughterhouses or pens and all fowl or animal pens or stables which are kept in such a condition as to be offensive, annoying or disagreeable to anyone.
Factories, Etc., Emitting Noxious Odors. Every factory which emits or causes an offensive, disagreeable or noxious smell or odor.
Liquid Refuse. All slop, foul or dirty water, liquor or beer washings, and all filth, refuse or offal discharged through drains or spouts or otherwise thrown or deposited in or upon any street, alley, sidewalk, public way, lot, park, public square, public enclosure or any pond or pool of water.
Matters Causing Injury, Inconvenience or Annoyance to Public. All articles or things whatsoever caused, kept, maintained or permitted by any person to the injury, inconvenience or annoyance of the public.
Acts Injuring, Annoying or Inconveniencing Public. All pursuits followed or engaged in, or acts done by any person to the injury, annoyance or inconvenience of the public.
Trash, Junk, Etc., on the Streets, Lots, Etc. All ashes, cinders, slops, filth, excrement, sawdust, deteriorated lumber and other deteriorated wood, stones, rocks, dirt, straw, hay, soot, sticks, shavings, egg shells, cans, bottles, boxes, jars, dust, paper, cardboard, trash, decayed leaves, concrete bricks, materials resulting from construction or destruction of buildings, furniture manufactured for indoor use only, bedding, household appliances, plumbing fixtures, water heaters, machine parts, discarded lawn or garden equipment or implements, scrap metal, discarded motor vehicle parts or equipment, discarded tires, discarded tire rims, refuse, offal, wastewater, fish, putrid meat, entrails, decayed fruit or vegetables, broken ware, rags, old iron or other metal, old wearing apparel, all animal or vegetable matter, all dead animals or any other offensive or disagreeable substance or thing thrown, left, deposited, caused or allowed to be left, thrown or deposited by anyone in or upon any street, alley, sidewalk, park, public way, public square, public enclosure, public or private lot whether vacant or occupied or whether improved or unimproved, or pond or pool of water; provided however, that firewood not exceeding thirty-six (36) inches in length, stacked in an orderly fashion, shall not be considered a nuisance.
[Ord. No. 468 § 4, 9-4-1951; Ord. No. 1397 § 4, 10-19-1987]
No person shall burn upon his premises or upon any street, alley, sidewalk or any other place within the City, any substance the burning of which creates or generates any noxious or unwholesome smell or odor.
[Ord. No. 468 § 5, 9-4-1951; Ord. No. 1311 § 2, 5-19-1986; Ord. No. 1547 § 3, 5-21-1990; Ord. No. 1908 § 1, 6-17-1996]
Whenever a nuisance exists, whether it is a nuisance per se, a nuisance resulting from a violation of any of the provisions of this Chapter, or a nuisance declared by the City Physician or the City Administrator to be such because its existence is dangerous to the public health, such nuisance may be abated in the following manner:
The City Administrator or Code Enforcement Officer shall, in writing, notify the person occupying or having possession of or owning any house or premises in which such nuisance exists to abate or remove such nuisance within a time specified in the notice, but within not less than three (3) days.
Any person notified as provided in the foregoing paragraph who shall fail, neglect or refuse to comply with the same within the time specified in such notice shall be guilty of an ordinance violation. For every day thereafter that such person shall fail, neglect or refuse to abate or remove such nuisance, that person shall be guilty of a separate offense and may be proceeded against as in the first instance in separate and further prosecutions, without further notice to such person being required.
[Ord. No. 468 § 6, 9-4-1951; Ord. 1538 § 1, 3-19-1990; Ord. No. 1775 § 1, 2-21-1994]
Whenever the City shall incur any costs or expenses in removing or abating any nuisance on private property within the City limits, the owner or occupant of the property where said person is creating, maintaining or refusing to abate such nuisance shall be liable to the City for such costs and expenses, which may be recovered in any court having jurisdiction thereof. In addition, the costs and expenses to remove or abate such nuisance shall be assessed against the property on which said nuisance is committed, and a special tax bill may be issued against said property for said costs and expenses.
In addition to any other criminal, quasi-criminal and civil penalties and remedies allowed for failure to remove or abate a nuisance, a civil action for injunctive relief against any person who fails to remove or abate a nuisance under the City Code, including any nuisance created by the accumulation of unsightly, dangerous or noxious personal property within the borders of the City, may be brought by the City in the Circuit Court of Boone County, Missouri as permitted by State Statutes and the common law.
If the City obtains a civil court judgment for injunctive relief in the Circuit Court of Boone County, Missouri against a person who fails to abate a nuisance created by the accumulation of unsightly, dangerous or noxious personal property within the borders of the City, the person is subject to liability to the City for the City's reasonable attorneys fees incurred in such action, which may be awarded by the Court to the City against the defendant as part of the civil court judgment for injunctive relief, if the City includes a prayer for reasonable attorneys fees in the City's petition for injunctive relief.
State Law Reference — As to expense of suppression, see RSMo. §§ 67.398, 71.780 and 79.383.