[R.O. 2011 § 220.020; R.O. 2009
§ 96.20; CC 1981 § 14-33; Ord. No. 80-58, 6-3-1980; Ord. No. 80-60, 6-3-1980; Ord.
No. 80-78, 7-16-1980; Ord. No. 80-101, 9-3-1980; Ord. No. 01-157, 7-19-2001]
A.
In addition to any other act declared to
be a nuisance by this Code of Ordinances or any other ordinance of
the City, nuisances are defined and declared to be as follows:
1.
Any act done or committed or suffered
to be done or committed by any person or any substance or things kept,
maintained, placed or found in or upon any public or private place
within the City which is injurious or dangerous to the public health
or the manufacturing or vending of any article obnoxious to the health
of the inhabitants of the City;
2.
Any business carried on or pursuit
followed or act done by any person to the hurt, injury, annoyance,
inconvenience or damage of the public;
3.
Any stockyard, slaughterhouse or
any similar business which may be dangerous or detrimental to the
public health in the City or within one (1) mile of the corporate
limits thereof;
4.
Any pond or pool of stagnant water
upon any premises and any foul or dirty water or liquid when discharged
through any drain, pipe or spout or thrown into or upon any street,
thoroughfare or premises to the injury and annoyance of the public;
5.
Any collection of standing or flowing
water in which mosquitoes breed or are likely to breed, unless such
collection of water is treated so as to effectively prevent such breeding;
6.
Any privy or private vault kept in
such a condition as to emit offensive, noxious or disagreeable odor
and any substance emitting an offensive, noxious, unhealthy or disagreeable
effluvium in the neighborhood where it exists;
7.
Any carcass of a dead animal which the owner or keeper permits to
remain within the limits exceeding twenty-four (24) hours after death;
8.
Any obstruction caused or permitted
on any street or sidewalk to the danger or annoyance of the public
and any stones, dirt, garbage, filth, slops, vegetable matter or other
articles thrown or placed by any person on or in any street, alley,
sidewalk or other public place or on any premises or any body or stream
of water within the City which in any way may cause or is liable to
cause any injury or annoyance to the public;
9.
Confining or keeping within the City
any animals or fowl in any unclean or filthy pen, shed or other enclosure
so as to be a nuisance;
11.
The keeping of horses, mules, sheep, goats, pigs or other animals in or under any dwelling, except as provided in Section 400.400;
12.
Any cellar, vault, private drain,
pool, privy, sewer or sink upon any premises permitted to become nauseous,
foul, offensive or injurious to the public health;
13.
Any bawdy house or building or room
to which persons are allowed or permitted by the owner, keeper or
occupant to resort for the purpose of prostitution;
14.
The placing, depositing or throwing
or causing to be placed, deposited or thrown of any rubbish, garbage,
trash, scrap paper, handbills, confetti, shavings, dirt, hulls, shells,
stalks, dead animals or any other kind of waste materials on any sidewalk,
street, parkways, road shoulders or other public places or on any
private lots or premises in the City in such manner and extent to
render the same unsightly, unclean or unsafe;
15.
Paper, lumber, rocks, boxes, barrels,
bottles, cans or other trash or debris or other material accumulating
or remaining on any premises, whether improved or unimproved, occupied
or vacant, or on any open lot or alley within the City in such a manner
as to create a condition which provides shelter, food or protection
for rodents or a breeding place for such rodents;
16.
The abandonment, neglect or disregard
of any premises so as to permit the premises to become unclean, with
an accumulation of litter or waste thereon or to permit the premises
to become unsightly, unsanitary or obnoxious or a blight to the vicinity
or offensive to the senses of users of the public way abutting the
premises and so to continue for a period longer than ten (10) days;
17.
Any tree on any property which, by
reason of its dying, decay or other reason, is a menace to the safety
of persons using any street, alley or sidewalk or persons occupying
any premises or parcel of ground;
18.
The obstruction or blocking of any
driveway or curb cut used as access to commercial property, whether
on public or private property, by the use of parked motor vehicles,
construction materials, debris or similar means. Closure of driveways
or curb cuts may be accomplished by the use of decorative gates, wheel
stops, planters or the installation of a continuous curb of no higher
than the existing curb line as approved by the Director of Community
Development.
19.
Any violation of this Code of Ordinances
which, if continued, is liable to endanger, annoy or injure the public;
20.
Every act or thing done or made,
permitted, allowed or continued on any property, public or private,
by any person, his/her agent or employee to the damage or injury of
any inhabitants of this City.
[R.O. 2011 § 220.030; R.O. 2009
§ 96.21; Ord. No. 95-82, 3-22-1995]
No person shall permit, cause, maintain, allow to remain or create within the corporate limits of the City or within one-half (1/2) mile of the corporate limits any nuisance as defined by Section 220.020.
[R.O. 2011 § 220.040; R.O. 2009
§ 96.22; Ord. No. 95-82, 3-22-1995; Ord. No. 04-192, 8-13-2004; Ord. No. 07-162, 6-11-2007]
Whenever any nuisance as defined in Section 220.020 exists, the Mayor or the Mayor's designee shall cause to be served a notice in writing upon the person permitting, causing, maintaining, allowing to remain or creating the nuisance, stating the existence of the nuisance and requesting its abatement in the time specified in this Article. When such nuisance, in the opinion of the Mayor, endangers public health or safety, the Mayor may cause the notice to include the provision that the property owner, contractor, subcontractor or other entity identified as having responsibility for the nuisance shall not be issued any new permits of any type by the City and at the discretion of the Mayor may include provisions to stop all work and/or withhold inspections and/or withhold issuance of any new permits on any or all projects the contractor or subcontractor is currently engaged in.
[R.O. 2011 § 220.050; R.O. 2009
§ 96.23; Ord. No. 95-82, 3-22-1995]
Upon proper notice and opportunity
to be heard, the person permitting, causing, maintaining, allowing
to remain or creating the nuisance shall be responsible for its abatement.
[R.O. 2011 § 220.060; R.O. 2009
§ 96.24; Ord. No. 95-82, 3-22-1995; Ord. No. 07-162, 6-11-2007]
The Mayor or the Mayor's designee
shall give notice to abate to the person permitting, causing, maintaining,
allowing to remain or creating the nuisance. The period within which
the nuisance must be prevented, abated or removed, in compliance with
the notice, shall be at least five (5) days after the posting of the
property as set forth hereafter. If the nuisance is permitted, caused,
maintained, allowed to remain or created by the occupant or owner
of the premises or the agent of the occupant or owner or by a person
other than the owner or occupant of the premises or the agent of the
owner or occupant, the notice shall be served by certified mail at
the last known address of the person permitting, causing, maintaining,
allowing to remain or creating the nuisance. This notice shall be
mailed at least five (5) days before the time of compliance by certified
mail. In all instances, the notice shall also be posted at least five
(5) days before the deadline for compliance in a conspicuous place
upon the premises where the nuisance exists.
[R.O. 2011 § 220.070; R.O. 2009
§ 96.25; Ord. No. 95-82, 3-22-1995; Ord. No. 07-162, 6-11-2007]
The notice shall direct prevention,
abatement or removal of the nuisance within five (5) days from the
posting of the premises and the notice shall advise that upon failure
to comply with the notice to abate, the Mayor or the Mayor's designee
shall undertake such prevention, abatement or removal of the nuisance
at the cost of the occupant or owner of the premises or the agent
of the occupant or owner of the premises or a person other than the
occupant or owner of the premises or the agent of the occupant or
owner of the premises if permitted, caused, maintained, allowed to
remain or created by them or any of them or their agent.
[R.O. 2011 § 220.080; R.O. 2009
§ 96.26; Ord. No. 95-82, 3-22-1995]
The person to whom the notices are directed may file a written request for hearing within the period of compliance prescribed in Section 220.060.
[R.O. 2011 § 220.090; R.O. 2009
§ 96.27; Ord. No. 95-82, 3-22-1995; Ord. No. 07-162, 6-11-2007]
A.
The hearing shall be held as soon as practicable
after the filing of the request and notice shall be sent to the person
requesting the hearing by certified mail or personal service at least
five (5) days in advance of the hearing.
B.
At any such hearing the City may be represented
by the City Attorney or his/her designee and the person to whom the
notices have been directed may be represented by counsel and introduce
such evidence and call such witnesses as either party deems necessary.
The Mayor or the Mayor's designee shall conduct the hearing and his/her
decision affirming or failing to find a nuisance shall be in writing
and include findings of fact and conclusions of law.
[R.O. 2011 § 220.100; R.O. 2009
§ 96.28; Ord. No. 95-82, 3-22-1995; Ord. No. 07-162, 6-11-2007]
A.
If the nuisance described in the notice
has not been abated within the five (5) day period of compliance or
in the event that the finding of a nuisance has been affirmed by the
Mayor or his/her designee, hereafter the Mayor and his/her designee
may prevent, abate or remove the nuisance. Whenever the nuisance prevented,
abated or removed by the City was permitted, caused, maintained, allowed
to remain or created by the occupant or owner of the premises or the
agent of the occupant or owner of the premises, then all costs and
expenses incurred by the City in preventing, abating or removing such
nuisance on any property within the City may be assessed against the
person permitting, causing, maintaining, allowing to remain or creating
the nuisance. Pursuant to this Section, whenever the City has prevented,
abated or removed a nuisance within the corporate limits of the City,
the costs and expenses incurred may be assessed as a special tax bill
against the real property upon which the nuisance existed.
B.
Special tax bills for costs and expenses
incurred by the City in the prevention, abatement or removal of nuisances
shall be issued in the following manner:
1.
When a nuisance has been prevented,
abated or removed by the City pursuant to this Article, the Mayor
shall, in writing, so report to the City Council. The City Council
may, by ordinance, levy and assess a special tax and order the issuance
of special tax bills against the real property upon which the nuisance
existed.
3.
Special tax bills issued pursuant
to this Article shall be collected by the Director of Finance. If
a lien is recorded at the office of the County Recorder of Deeds office,
the fee for the recording of the lien shall also be assessed upon
the property.
[1]
State Law Reference: Authority of City to
abate nuisances and charge the expense thereof to owners or occupants
of property, § 71.780, RSMo.; additional authority, § 77.560,
RSMo.
[R.O. 2011 § 220.110; R.O. 2009
§ 96.29; Ord. No. 95-82, 3-22-1995]
Any person convicted of a violation of Section 220.020 shall be punished as provided in Section 100.150 and every day such nuisance is permitted, caused, maintained, allowed to remain or created after notice shall constitute a separate and distinct offense. Unless a special tax bill has been issued pursuant to this Article against the property upon which the nuisance had existed, the cost of abating or removing such nuisance may be made part of the judgment, by the judge, in addition to the fine imposed in case of conviction in Municipal Court of the person permitting, causing, maintaining, allowing to remain or creating any such nuisance.
[R.O. 2011 § 220.120; R.O. 2009
§ 96.30; Ord. No. 95-82, 3-22-1995; Ord. No. 07-162, 6-11-2007]
In cases where it reasonably appears that there is an immediate danger to the health, life or safety of any person or the health, safety or general welfare of the people of this City, the Mayor may take emergency measures to abate and remove a nuisance as may be defined in this Article. The cost of such abatement or removal may be assessed in the manner prescribed in Sections 220.100 and 220.110. However, before assessing the costs, the Mayor shall hold a hearing not more than ten (10) days after the abatement or removal of the nuisance to determine the person permitting, causing, maintaining, allowing to remain or creating the nuisance and the proper assessment of costs and expenses. Such hearing shall be in accordance with Section 220.090. In instances wherein personal property is seized in order to prevent the spread of disease, compensation for the goods seized shall be made pursuant to Section 77.560, RSMo.
