City of Bolivar, MO
Polk County
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Table of Contents
Table of Contents
[R.O. 2009 § 235.010; R.O. 2007 § 255.010; Ord. No. 2163, 11-7-2000; Ord. No. 2533, 2-10-2005; Ord. No. 2943 § I, 7-8-2010; Ord. No. 2994 § I, 7-14-2011; Ord. No. 3213 § I, 6-9-2015]
Pursuant to all applicable provisions of the Revised Statutes of Missouri, the following conditions are hereby declared to be public nuisances, subject to abatement as provided in the following Sections. The conditions listed in this Section 235.010 are not intended to be an exhaustive list of conditions that may constitute a nuisance. Nuisances may also be determined by reference to other provisions of this Code, or by reference to the statutory or common laws of the State.
Debris/Nuisance Defined. Debris or nuisance conditions include the following:
Weed cuttings and grass clippings that are placed in piles and not properly disposed of;
Dead trees, cut and fallen trees and shrubs, including piles of limbs, logs, brush, and firewood piles that are not neatly stacked in the side or rear yard;
Overgrown vegetation and noxious weeds;
Overgrown vegetation and noxious weeds which are twelve (12) inches or more in height on any developed/occupied commercial or residential lot or any undeveloped/unoccupied commercial or residential lot that is less than two (2) acres;
Overgrown vegetation and noxious weeds which are twelve (12) inches or more in height on undeveloped/unoccupied commercial or residential lots that are two (2) acres or larger where they are located within fifty (50) feet of the perimeter of a developed/occupied lot. [This fifty (50) feet shall be maintained to a height less than twelve (12) inches at all times.] The remaining area of undeveloped/unoccupied lots that are two (2) acres or larger shall be mowed, brush hogged, or cut for hay to a height twelve (12) inches or shorter at least two (2) times during the growing season with the last cutting being after September 1;
Exceptions. Subsection (B)(3) shall not apply to cultivated garden plants and flowers, shrubbery, ornamental trees, shade trees or fruit trees, nor shall this apply to any property being zoned agricultural.
Rubbish and trash of every type, whether located on or under the ground (except that located in an approved and licensed landfill), or on vehicles, trucks, trailers, porches, open carports, breezeways, open garages without doors or similar areas that are visible from adjacent property or public roads, except that which is stored in hard plastic or metal, water-tight and fly-tight containers awaiting pickup for disposal by licensed trash disposal companies which are placed at curbside no more than twenty-four (24) hours before the expected time for pickup;
Lumber, plywood, siding and similar items not piled or stacked twelve (12) inches or more off of the ground;
Rocks, fill dirt or bricks except those delivered and neatly stacked or stockpiled for use in connection with ongoing new construction and/or repairs or improvements and which are actually used for that purpose within ninety (90) days of the date of delivery;
Tin, steel or parts of derelict/inoperable cars or trucks, including, but not limited to, open storage of tires, and open storage of vehicle parts;
Inoperable or unlicensed motor vehicles, unless a permit has been obtained for the storage of the same pursuant to applicable Bolivar City ordinances;
Broken furniture or inoperable or unused appliances, including outdoor storage of furniture designed for indoor use;
Flammable material except that which is maintained for ordinary household, commercial (but only if in an area zoned for commercial activities) or industrial uses (but only if in an area zoned for industrial activities) if stored in containers designed for the specific material and the container is not maintained unreasonably near a source of heat, flame or combustion;
Any condition that is or is likely to be a breeding ground or home for insects or rodents, including, but not limited to, ponds or pools of stagnant water or other liquids;
Stables, sheds, pens or yards in which any type of animal has been or is being kept in which animal waste shall collect or continue to exist;
All decayed or unwholesome food offered for sale to the public or offered to the public at no charge.
All diseased animals running at large.
Carcasses of dead animals not buried or destroyed within twenty-four (24) hours after death.
Accumulations, wheresoever they may occur, of manure, rubbish, garbage, refuse and human and industrial, noxious or offensive waste, except the normal storage on a farm of manure for agricultural purposes (but only if in an area zoned for agricultural activities).
The pollution of any well, cistern, spring, underground water, stream, lake, canal or body of water by sewage or industrial wastes or other substances harmful to human beings.
Common drinking cups, roller towels, combs, brushes or eating utensils in public or semisolid places where not properly sanitized after use.
Any vehicle used for septic tank cleaning where the tank is not made of non-porous materials and is airtight except when loading or unloading septic waste.
Any and all infestations of flies, fleas, roaches, lice, ticks, rats, mice, fly maggots, mosquito larvae and hookworm larvae.
The keeping of animals and fowl in any area within the City not zoned for agricultural uses except domesticated animals or fowl, animals in public or licensed zoos and farm animals. "Domestic animal" shall mean and include an animal of a species of vertebrates that has been domesticated by humans so as to live and breed in a tame condition and depend on humankind for survival. "Domestic fowl" shall mean and include a bird of a species that has been domesticated by humans so as to live and breed in a tame condition and depend on humankind for survival.
Unlicensed dumps and licensed dumps not operated or maintained in compliance with the ordinances of the City of Bolivar and the Statutes of the State of Missouri or the regulations of any agency of the State.
All other acts, practices, conduct, business, occupation, callings, trades, uses of property and all other things detrimental or certain to be detrimental to the health of the inhabitants of the City of Bolivar.
All trees, plants or shrubs, any part of which hang over or encroach into any right-of-way for streets or utilities which interfere to any extent with the normal public use of such rights-of-way, or present a significant risk of interference with or damage to utility facilities of every type.
Any obstruction that interferes in any manner with the passage of pedestrians upon any sidewalk, including, but not limited to, signs, bushes, tree limbs, plants or shrubs.
All structures of any kind that encroach into a public right-of-way for streets, sidewalks or utilities; provided that this shall not apply to awnings made of substantial materials and attached firmly to the adjoining buildings located in the downtown business district.
The emission or discharge into the open air of dense smoke within the City limits of Bolivar is hereby declared to be a public nuisance. "Dense smoke," as used herein, means smoke from any source that materially interferes with the vision of motor vehicles traveling in public rights-of-way, and all smoke created by the burning of non-natural substances, such as, but not limited to, tires, roofing materials, any petroleum-based product and vinyl.
Maintenance of explosive devices in any area not zoned for heavy industrial uses ("I-2" of Chapter 410, Zoning Regulations, of the Code of the City of Bolivar) or in a manner not recommended by the manufacturer of the substance or contrary to any State law, rule or regulations.
Enforcement. Enforcement of this Section shall be the responsibility of the Code Enforcement Officer.
A notice of violation and correction order shall be provided in accordance with the procedures set forth in Section 500.375 of the Code of the City of Bolivar.
Appeal of the Code Enforcement Officer's decision and/or correction order shall be available in accordance with the procedures set forth in Section 500.378 of the Code of the City of Bolivar.
Abatement Of Nuisance. The following provisions will apply to the abatement of nuisances and violations within the meaning of this Section:
Authority To Abate Nuisances.
The Code Enforcement Officer will have authority to cause a nuisance or violation within the meaning of this Section to be abated if a property owner or occupant:
Fails to comply with the correction order by not abating the nuisance within the time provided; and
Fails to request an appeal pursuant to Section 500.378 of Code of the City of Bolivar, as informed with a notice that was given by the Code Enforcement Officer; and
Fails to obtain a reversal of the Code Enforcement Officer's decision after such appeal process (but only if the responsible party has a right to appeal following a required notice).
In addition to the circumstances stated above, the Code Enforcement Officer will also have the authority to cause a nuisance or violation within the meaning of this Section to be abated if a property owner or occupant has no right to receive a notice of violation and correction pursuant to Section 500.375(B) and (D) of the Code of the City of Bolivar because the responsible party has permitted or caused the same or substantially the same violation to occur three (3) or more times within a period of twelve (12) months after the violation was previously corrected by either the responsible party(ies) or by the City.
In abating a nuisance or other violation within the meaning of this Section, the Code Enforcement Officer may use any suitable means or assistance for that purpose, whether by employees of the City or day laborers especially employed for that purpose, and the cost of the abatement shall be assessed pursuant to Section 235.010(D)(3).
Immediate Abatement. Whenever it becomes necessary to abate a nuisance immediately in order to secure the general health of the City or any of its inhabitants, the City is authorized to abate such nuisance without notice and may use any suitable means or assistance for that purpose, whether by employees of the City or day laborers especially employed for that purpose, and the cost of the abatement shall be assessed pursuant to Section 235.010(D)(3).
Costs Of Abatement. The costs of the abatement by the City of any nuisance or violation within the meaning of this Section pursuant to Section 235.010(D)(1) and (2) above will be assessed to the property owner(s) and occupant, if not the same, as follows:
The costs of abatement may include a fee for the City's costs in administering this Section, including the time reasonably expended by all City employees or officers who are called upon to assist with the matter based upon their hourly wage (determined in the case of salaried employees by dividing their annual salary by 2,080) plus an additional thirty-three and one-third percent (33 1/3%) for benefits and a reasonable charge for all equipment or tools of the City which are used in abating the nuisance. The Code Enforcement Officer may call upon other employees and City equipment to abate the nuisance or may contract with third parties to do so if the City has inadequate personnel and/or equipment, or such personnel and/or equipment are not available to correct the condition.
The Code Enforcement Officer or designated officer shall certify the cost of such abatement to the City Clerk or other officer in charge of finance. Such costs shall be included in a special tax bill which shall be due and payable upon receipt and shall be collected by the City Collector or other official collecting taxes in the same manner and procedure for collecting real estate taxes. Such special tax bill shall be mailed to each responsible party to the address for that party as shown by the utility or other records of the City or if no such address appears of record, then to any other address that appears as a matter of public record such as, but not limited to, the address to which property tax statements are mailed.
Such special tax bill shall be delinquent if not paid within thirty (30) days following its mailing and shall be governed by the laws governing delinquent and back taxes. The special tax bill shall bear interest at the rate of one percent (1%) per month for each month, or fraction of a month, that the same remains delinquent. The owner and the occupant of the lot or tract of land shall be jointly and severally liable for the payment of the special tax bill, and, in addition, the bill shall become a lien upon the lot or tract of land upon the filing of a copy of the fee bill certified by the City Clerk in the office of the Polk County Recorder of Deeds, which bill shall contain a legal description of the property sufficient to identify the same. The fee bill may be enforced in the same manner as are delinquent real estate taxes under the laws of the State of Missouri and the ordinances of the City. This shall be true notwithstanding the fact that no regular taxes have been levied against the property. This is notwithstanding the procedures set forth in Section 67.398, RSMo.
Proportion Costs Of Abatement. If any nuisance abated by the City as provided in this Section extended, before the abatement, over the property or 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 and the area, and the special tax bills provided for in this Section shall be levied and collected accordingly.
Right-Of-Entry. Any officer or employee of the City, and any person or contractor employed by or under contract with the City 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, and it shall be unlawful to interfere with any Police Officer, Abatement Officer or any officer, agent or employee of the City or with any representative of the City for the purpose of sanitary inspection or the discovery or abatement of any nuisance.
Joint Liability. The owner of any premises, or his/her agent in charge thereof, as well as the tenant or occupants of such premises, are hereby charged with the duty of observing all of the requirements and provisions of this Section with reference to nuisances, and any or all of such persons, together with the person causing or contributing to cause any nuisance, may be charged with the violation thereof and shall be equally liable.
Court Suit Authorized. Nothing in this Section shall be construed as abandoning or limiting the City's right to bring suit for all expenses attending the abatement of a nuisance, when performed by the City, in any court of competent jurisdiction in the name of the City against the person maintaining, keeping, creating or refusing to abate the nuisance so abated.
Violation An Ordinance Violation. A person who shall fail to comply with a notice as provided in this Section shall upon conviction be deemed guilty of an ordinance violation, "failure to abate a nuisance," and upon conviction shall be subject to punishment as provided in Section 100.220 of this Code. A charge filed by the City for failure to abate a nuisance shall not in any manner limit the rights of the City to cause a nuisance to be abated, nor shall notice by the Code Enforcement Officer be required as a precondition to the filing of charge by the City Prosecutor under this Section.
[R.O. 2009 § 235.020; R.O. 2007 § 540.010; Ord. No. 1799, 8-13-1998]
The City of Bolivar be hereby authorized to file and otherwise prosecute a civil cause of action for the abatement of nuisances created by the accumulation of unsightly, dangerous or noxious personal property within the borders of the City of Bolivar, Missouri, and as provided and allowed under Section 79.383, RSMo. This remedy shall be in addition to and not in lieu of any other rights of the City under the provisions of Section 235.010 of this Code.
Upon successful prosecution of the cause of action authorized under Subsection (A) of this Section, the City of Bolivar, Missouri, may seek and be awarded a reasonable attorney's fee incurred in the prosecution of such action.