[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]
A.
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.
B.
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.
C.
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]
A.
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.
B.
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]
A.
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:
1.
All
substances which emit or cause any foul, noxious, unhealthful, or
disagreeable odor or effluvia in the neighborhood where they exist.
2.
All
green or salted hides left or deposited in any open place.
3.
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.
4.
Establishments
emitting or causing an offensive, disagreeable, noxious, or toxic
dust, vapor, fume, mist, or odor.
5.
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.
6.
All
vegetables or other articles that emit or cause an offensive, noxious,
or disagreeable smell or odor.
7.
All
articles or things whatsoever caused, kept, maintained, or permitted
by any person to the injury, inconvenience, or annoyance of the public.
8.
All
pursuits followed or engaged in, or acts done by, any person to the
injury, annoyance, or inconvenience of the public.
9.
All
hanging signs, ropes, network, or other advertising devices stretched
over or across any street or sidewalk.
10.
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.
11.
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.
12.
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.
13.
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.
