[Ord. No. 1254 §1, 6-10-2003]
The purpose of this Chapter is to provide a just, equitable and practicable method for the abatement and/or removal of nuisances that may endanger the life, health, property, safety or welfare of the general public, and shall apply to all such nuisances, as herein defined, that now are in existence or that may hereafter exist in Branson West, Missouri.
[Ord. No. 1254 §1(13-10), 6-10-2003]
Every act or thing done, made, permitted, allowed, or continued on any property, public or private, by any person, firm, or corporation, their agents and servants, to the damage or injury of any of the inhabitants of this City, whether or not particularly specified herein shall be deemed a nuisance.
No person shall permit, cause, keep, maintain, or do any nuisance as defined by this Article, any other ordinance of the City, or the laws of the State of Missouri, or cause to be committed, caused, kept, maintained, or done any such nuisance within the City or within one-half (½) mile of the corporate limits thereof.
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 building, house, lot, or premises.
[Ord. No. 1254 §1(13-11), 6-10-2003]
It shall be the duty of the Administrator or Building Inspector with the aid and assistance of the Chief of Police to enforce the provisions of this Article. It shall be the duty of the Chief of Police to serve all notices issued by the Administrator or Building Inspector as provided for herein, and to execute all orders of the Administrator or Building Inspector directed to him/her under the provisions of this Article, and to perform such other duties to aid the Administrator or Building Inspector as may be required for the adequate enforcement of the provisions of this Article.
[Ord. No. 1254 §1(13-12), 6-10-2003]
The Administrator or Building Inspector and the Chief of Police, and any officer, agent, or employee designated by either of them, are 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 and for the discovery and abatement of nuisances therein. If on such inspection any nuisance or unsanitary condition be found, the same shall be forthwith reported to the Administrator or Building Inspector, who shall direct and order the owner or occupant of the premises forthwith to remove or abate the same.
[Ord. No. 1254 §1(13-13), 6-10-2003]
It shall be the duty of the owner or occupant of the premises, or his/her agent, or the person causing or maintaining such nuisance, to abate the same after an order by the Administrator or Building Inspector in accordance with the terms prescribed in said order; and any failure to do so shall constitute a violation of this Article and subject such persons to the penalties herein prescribed. It shall be unlawful to interfere with a Police Officer or any other officer, agent, or employee of the City, or with any representative of the Administrator or Building Inspector, while engaged in a sanitary inspection for the discovery of any nuisance or in the abatement thereof.
[Ord. No. 1254 §1(13-14), 6-10-2003]
The owner of any premises, his/her agent in charge thereof, and the tenant or occupant of such premises is hereby charged with the duty of observing all of the requirements and provisions of this Article with reference to nuisances; and any or all of said persons and any person or persons causing or contributing to causing or bringing about any nuisance may be charged with the violation hereof, and shall be equally liable.
[Ord. No. 1254 §1(13-15), 6-10-2003]
In case the abatement of any nuisance is not immediately necessary for the protection of the health or safety of the inhabitants of the City, the Administrator or Building Inspector shall hold a public hearing before declaring the same to be a nuisance and ordering its abatement. Five (5) days' notice of said hearing shall be given to the owner or occupant of the premises upon which said alleged nuisance exists, or to his/her agent, or to the person causing or maintaining such alleged nuisance. Such notice shall state the time and place of said hearing. In the event that the whereabouts of the owner or occupant of the premises where such alleged nuisance exists, or of his/her agent, or of the person causing or maintaining such alleged nuisance is unknown and notice cannot be served upon him/her, then such notice shall be posted on the premises where said alleged nuisance exists for at least five (5) days before said hearing. All interested parties may appear at such hearing, either in person or by attorney, and present evidence concerning the matters at issue. If upon such hearing the Administrator or Building Inspector finds that a nuisance exists, he/she shall order the owner or occupant of said property, or his/her agent, or the person causing or maintaining said nuisance to abate the same; and if the same be not abated within the time prescribed by the Administrator or Building Inspector in said order or any extension thereof, the Administrator or Building Inspector shall abate the same or cause the same to be abated, and shall certify the cost of abating said nuisance to the City Clerk. Thereupon, the City Clerk shall levy the cost of abatement as a special tax against the property on which said nuisance was located, and authorize the issuance of special tax bills therefor. Said tax shall be collected like other taxes, and shall be a lien on the property until paid.
[Ord. No. 1254 §1(13-16), 6-10-2003]
Whenever the Administrator or Building Inspector in his/her discretion deems it necessary to immediately abate a nuisance as defined by ordinance, by common law, or by the Statutes of the State of Missouri in order to secure the general health or safety of the City or of any of its inhabitants, the Administrator or Building Inspector is authorized to abate such nuisance without notice; and he/she may use any suitable means or assistance for the purpose, whether regular personnel of the City or laborers especially employed for that purpose, or any other help or assistance necessary therefor. The Administrator or Building Inspector shall certify the cost of abating said nuisance to the City Clerk, and the City Clerk shall levy the cost thereof as a special tax against the property on which said nuisance was located, and authorize the issuance of special tax bills therefor. Said tax shall be collected like other taxes, and shall be a lien on the property until paid.
[Ord. No. 1254 §1(13-17), 6-10-2003]
Nothing in the preceding Sections shall be construed as abandoning or limiting the City's right by civil action in the Municipal Court or in any court of competent jurisdiction to secure the abatement of, and to recover the expense incurred in abating, any nuisance.
[Ord. No. 1254 §1(13-18), 6-10-2003]
If any nuisance abated by the Administrator or Building Inspector as hereinbefore provided extended before the abatement over the property of more than one (1) owner, the cost of abating the same shall be assessed in proportion to the amount of work and expense for each proportionate part of the entire work in the area, and the special tax bills hereinbefore provided for shall be levied and collected accordingly; but, in determining who is the owner of any particular lot, plot, or parcel of land as for instance in joint tenancy or in common, shall be deemed a single owner in order to preserve to the City its lien against the particular lot, plot, or parcel of land under the special tax bill levied against the same as aforesaid.
[Ord. No. 1254 §1(13-19), 6-10-2003]
Any Police Officer or City employee lawfully engaged in the abatement of a nuisance, and any contractor employed or contracted with for the abatement of a nuisance, and any agent or employee of such contractor shall have the right of entry for that purpose into and upon any premises.
Any person who shall refuse, hinder, delay, or interfere with the entry of any Police Officer, agent, or employee of the City, or any such contractor or contractor's employee, in his/her or their duties of inspection, discovery, or abatement of any nuisance, shall be deemed guilty of a separate offense hereunder, and shall be subject to a fine of not less than one dollar ($1.00) nor more than five hundred dollars ($500.00), or to imprisonment in the County Jail not exceeding a period of ninety (90) days, or to both such fine and imprisonment.
[Ord. No. 1254 §1(13-20), 6-10-2003]
The following are hereby defined, deemed and declared to be "nuisances" for the purpose of this Article, in addition to other nuisances specifically defined herein or by the laws of the State of Missouri or other ordinances of this City:
All substances which emit or cause any foul, noxious, unhealthful, or disagreeable odor or effluvia in the neighborhood where they exist.
All green or salted hides left or deposited in any open place.
All slaughterhouses or animal pens or enclosures inside of the City or within one-half (½) mile of the City limits which are kept in such a condition as to be offensive, annoying, or disagreeable to anyone.
Establishments emitting or causing an offensive, disagreeable, noxious, or toxic dust, vapor, fume, mist, or odor.
All slop, foul or dirty water or other liquid, or beer washings, all filth, refuse, or offal discharged through drains or spouts or otherwise thrown or deposited in or upon any street, sidewalk, lot, park, public square, public enclosure, pond, or pool of water.
All vegetables or other articles that emit or cause an offensive, noxious, or disagreeable smell or odor.
All articles or things whatsoever caused, kept, maintained, or permitted by any person to the injury, inconvenience, or annoyance of the public.
All pursuits followed or engaged in, or acts done by, any person to the injury, annoyance, or inconvenience of the public.
All hanging signs, ropes, network, or other advertising devices stretched over or across any street or sidewalk.
All ashes, cinders, slops, filth, excrement, sawdust, stones, rocks, dirt, straw, dead grass, grass clippings, dead limbs, leaves, brush, logs, weeds, foliage, shrub cuttings, clippings, soot, sticks, shavings, egg shells, oyster shells, cans, dust, brush, logs, paper, trash, rubbish, manure, refuse, offal, wastewater, chamber lye, fish, putrid meat, entrails, decayed fruits or vegetables, broken wares, rags, iron or other metal, old wearing apparel, animal or vegetable matter, all dead animals or any other offensive or disagreeable substance or thing thrown, left, deposited, or caused to be left, thrown, or deposited by anyone in or upon any street, sidewalk, park, public place, public enclosure, lot, vacant or occupied, ditch, pond, or pool of water, except that any grass, dead limbs, leaves, brush, logs, weeds, foliage, shrub cuttings, clippings or any other kind of yard wastes may be placed in and be made a part of a compost pile located on a lot or tract used for single- or two-family residential purposes if they do not emit or cause any foul, noxious, unhealthful, or disagreeable odor detectable across any property line.
The creation of dust by the operation of motor vehicles, racing cars, rides or other motor-driven contrivances where the dust is carried beyond the borders of the property whereon the above enumerated vehicles may be operated in such quantities as to interfere with reasonable enjoyment of any property in the neighborhood.
The keeping of any junk which shall include, but not be limited to, any metal, glass, paper, rags, wood, machinery parts, cloth or other waste or discarded material of any nature or substance whatsoever, or scrap or salvage materials.
The outside storage of new, used and/or waste tires; except that this Subsection shall not prohibit the outside storage of fifty (50) or fewer new, used and/or waste tires that are screened by a permanent masonry or frame enclosure so that they are not visible from off the premises and they are covered to prevent the accumulation of water within the tires. New and used tires may be displayed outside for sales purposes during the regular hours of operation at a retail tire dealer, provided that they are stored in an enclosed building or screened as described above when the retail tire dealer is not open for business. Nothing in this Subsection shall preclude the operation, pursuant to Chapter 225, of a solid waste collection/processing facility so long as it is located and operated in compliance with all applicable City ordinances.