[R.O. 2013 § 215.010; Ord. No.
KK754 § 1, 5-23-2002]
No person shall cause, maintain or permit, on premises owned
or controlled by such person, a nuisance as defined by the laws of
the State of Missouri, this Chapter or any other ordinance of the
City of Lawson, Missouri.
[R.O. 2013 § 215.020; Ord. No.
KK754 § 1, 5-23-2002]
Unless the context specifically indicates otherwise, the following
terms, as used in this Chapter, are defined as follows:
The City of Lawson, Missouri.
Any platted lot currently build upon, whether occupied or
unoccupied, or any vacant lot or tract directly adjacent to a platted
lot currently built upon, occupied or unoccupied.
An offensive, disagreeable, hazardous, noxious or toxic odor,
dust vapor, smoke, fumes, mist or condition.
Any plant capable of poisoning, including but not limited
to poison ivy at any height or state of maturity.
Any person who has a legal or equitable interest in a parcel
of real property other than a fee interest, including a life tenant,
tenant, lessee, tenant at will, tenant at sufferance or adverse possessor,
as well as a person in possession or a person who has charge, care
or control of the parcel of real property as the agent or personal
representative of the person holding legal title to a fee interest.
Any person who alone, jointly or severally with others, shall
have legal title to a fee interest in the parcel of real property
with or without accompanying actual possession thereof. The land records
filed in the office of the Recorder of Deeds of Clay and Ray Counties,
Missouri, and any other official record of such County or of the City
may be used to determine the identity of such owners, as hereinabove
defined, as of the date of the notice of the violation.
Includes any individual, firm, corporation, association,
partnership, cooperative or governmental agency.
Any public or private property, vacant or occupied lot, plot,
parcel of land, street, sidewalk, alley, boulevard, highway, right-of-way,
park, parkway, public square or viaduct, including the structures
or buildings thereon.
Unwanted or discarded waste materials in a solid or semisolid
state consisting of garbage, rubbish or a combination thereof.
A dense growth of wild shrubbery having stems or trunks less
than one (1) inch in diameter and briar patches.
Any property in any zoning district which is currently vacant
or is zoned or used for agriculture purposes which is more than one
hundred fifty (150) feet distant from any occupied residential subdivisions,
lot or parcel of land.
Every device or implement, including vehicles, recreational
vehicles, travel trailers, boats, boat trailers, trailers, motorcycles,
buses in, upon or by which person or property may be transported,
moved or carried, whether self-propelled, pushed or drawn by any mode
of power whatever, except devices moved exclusively by human power
or moving exclusively upon fixed rail or tracks.
All vegetation capable of emitting unpleasant or noxious
odors or transmitting pollen into the air. Any vegetation in excess
of six (6) inches in a developed area or twelve (12) inches in an
undeveloped area. All vegetation, regardless of height, including
thickets, which may conceal or invite filthy deposits, harbor rodents,
refuse or vermin, or create a fire hazard. Vegetation which shall
be planted, cultivated and maintained for the production of grain,
forage, commercial products shall not be considered weeds.
[R.O. 2013 § 215.030; Ord. No.
KK754 § 1, 5-23-2002; Ord. No. KK771, 8-19-2002]
A.
The following are hereby declared to be a nuisance, provided that
such listing shall not be deemed to be exclusive:
1.
Establishments or structures which emit noxious odors.
2.
Substances emitting noxious odors, including but not limited
to any stable, stall, shed, compartment in any yard or appurtenance
thereof in which any horse, cattle, cows, swine, dogs, rabbits or
any other animal, chickens or any other fowl shall be kept or any
place in which manure or liquid discharges of such animals shall collect
or accumulate, and which stable, stall, shed or compartment, or any
yard or appurtenance thereof, is not kept in a clean and wholesome
condition so that an offensive smell shall be allowed to escape therefrom.
Nothing in this Chapter shall be so construed as to include manure
deposits upon any private property for the purpose of cultivating
the same.
3.
Carcasses of animals remaining exposed six (6) hours after death.
4.
Abandoned, discarded or unused objects or equipment such as:
vehicles, furniture, stoves, refrigerators, freezers, toilets, water
heaters, air conditioners, sinks, all ashes, cinders, slops, filth,
excrement, boards, lumber scraps, sawdust, wood or metal shavings,
rubber, old tires, plastic containers, bags, wrappers, stones, rocks,
sand, oil, coal, gasoline, paint, dirt, dust, straw, soot, sticks,
boxes, barrels, buckets, kegs, crates, cans, bottles, cartons, paper,
trash, leavings, rubbish ("rubbish" shall mean solid waste consisting
of combustible and non-combustible waste materials from residential
apartments, commercial, industrial, institutional establishments,
including yard waste and items commonly referred to as "trash"), manure,
broken ware, iron or metal, rags, old wearing apparel, sweepings,
refuse, debris, vehicle parts, broken concrete, slag, garbage, offal,
putrid fish, meat entrails, decayed fruits or vegetables, waste water,
animal or vegetable products or matter, broken glass, bones, tacks,
nails, wire, grass, dead limbs, leaves, brush, logs, weeds, foliage
or shrub cuttings or clippings or any other offensive or disagreeable
substance or thing thrown, cast, dropped, blown, spilled, poured,
discharged or swept, left or deposited by anyone in or upon any premises.
5.
Malfunctioning private sewage disposal systems, which allow
polluted, raw or partially treated waste water or effluent to be deposited
or stand upon any premises. When any private sewage disposal system
has been determined to be malfunctioning in such condition as to emit
any offensive, noxious or disagreeable odor, the owner of the subject
premises will be ordered to repair or make connection to the public
sewer, if available. "Private sewer disposal system" shall mean any
arrangement of devices and structures used for receiving, transporting,
treating and disposing of sewage, including private and community
sewer lines.
6.
Unlicensed, Inoperable, Junked, Etc., Vehicles.
a.
Any vehicle, recreational vehicle, travel trailer, boat, boat
trailer, trailer, motorcycle or bus which is not licensed for the
current year as required by law and is not visibly displaying current
license plates on the vehicle, recreational vehicle, travel trailer,
boat, boat trailer, trailer, motorcycle or bus which remains on private
property.
b.
Any inoperable, partially dismantled, junked, wrecked discarded
motor vehicle or major parts of such vehicle; any vehicle under repair
or not then in such condition of maintenance to be operated in a normal
and safe manner. Except, that this Section shall not apply to any
vehicle in an enclosed building or so located upon the property as
not to be readily visible from any public place or from any surrounding
private property or with regard to a vehicle in an appropriate storage
place or depository maintained in a lawful place and manner by the
City or any other public agency or entity or in a zoned district permitting
such use as long as the business is a legally licensed, properly zoned,
and has adequate parking as specified in the zoning ordinance of the
City of Lawson or any legally licensed business in the proper zoned
area that may use a vehicle for on-premises use for the operation
of such legally licensed business.
7.
Storage Of Old, Unused, Etc., Vehicles And Machinery. The outside
storage through the use of a tarpaulin or other non-structural covering
of old, unused, stripped, junked or other vehicles not in good and
safe operating condition or not currently licensed or of any other
vehicles, machinery, implements and/or equipment or personal property
of any kind which are no longer safely usable for the purposes for
which it was manufactured.
8.
A live or dead tree which constitutes a hazard to the safety
of persons or of property, private or public.
9.
Building material abandoned or stored in an area where construction
is not in progress and in an area not properly zoned for such storage;
however, such storage shall be permitted in an area where construction
is in progress and a valid building permit issued by the City is in
effect. Such permitted storage shall not extend more than thirty (30)
days beyond the expiration of the building permit or completion of
construction, whichever first occurs. Usable building materials for
use on the premises may be temporarily stored in the open. They shall
be placed at least eighteen (18) inches off the ground and stacked
neatly.
10.
Weeds or noxious plants allowed to stand any season of the year.
11.
Any building or structure or portion thereof which is open to
unauthorized or unlawful entry.
12.
All articles, acts or things whatsoever caused, kept, maintained
or permitted by any person to the injury, inconvenience or annoyance
of the public.
13.
All pursuits followed or engaged in or acts done by any person
to the injury, annoyance or inconvenience of the public.
14.
Swimming Pool Discharge. The discharge of water from swimming
pools or swimming pool backwashed into adjoining property. Such discharge
shall be directed and channeled into the public storm sewer system.
15.
Water Control.
[Ord. No. 6-2-14 § 1, 6-16-2014]
a.
No person shall direct storm water or sump pump discharge water
through a pipe, culvert, or drain, which discharges within ten (10)
feet of the adjacent property line except for: (1) house roof or foundation
drains, which may be discharged within two (2) feet of the house foundation;
(2) discharge into an open natural swale or creek on the same property.
b.
No person shall reconstruct, remove, damage, or restrict a storm
water drainage system, private or public, or restrict stormwater entry
to any storm water drainage system, private or public, except as approved
by the City or Public Works Superintendent. Property owners shall
maintain all private drainage systems on the premises.
[R.O. 2013 § 215.040; Ord. No.
KK754 § 1, 5-23-2002; Ord. No. 12-2-16 § XX, 12-19-2016; Ord. No. 6-1-17 § I, 6-26-2017]
A.
Whenever the Chief of Police or his/her duly authorized representative
determines that any vehicle or junk is a nuisance as defined herein,
he/she shall cause written notice specifically describing each condition
of the lot or land declared to be a public nuisance to be served upon
the owner of the property at the last known address of the owner and,
if the property is not owner-occupied, to any occupant of the property
address, by registered or certified mail or by personal service. Unless
a condition presents an immediate, specifically identified risk to
the public health or safety, the notice shall provide a reasonable
time, not less than ten (10) days, in which to abate or commence removal
of each condition identified in the notice.
B.
No person notified as provided in this Section shall fail, neglect
or refuse to comply with the requirements of such notice within the
time specified in such notice. For every day thereafter that such
person shall fail, neglect or refuse to comply with such notice and
for every day thereafter that such person shall fail, neglect or refuse
to abate or remove such nuisance, he/she shall be deemed guilty of
a separate offense and shall be provided against as in the first instance.
[R.O. 2013 § 215.050; Ord. No.
KK754 § 1, 5-23-2002]
The Chief of Police, City employees or parties with whom the
City contracts for the purpose of abatement may enter the premises
upon which any nuisance is situated for the purpose of abating same,
with the consent of the owner, lessee or person in control of such
property, without being guilty of trespass.
[R.O. 2013 § 215.060; Ord. No.
KK754 § 1, 5-23-2002; Ord. No. 6-1-17 § II, 6-26-2017]
A.
Upon a failure of the owner to pursue the removal or abatement of
such nuisance without unnecessary delay, the Chief of Police or designated
officer may cause the conditions which constitute the nuisance to
be removed or abated. If the Chief of Police or designated officer
causes such condition to be removed or abated, the cost of such removal
or abatement and the proof of notice to the owner of the property
shall be certified to the City Clerk or officer in charge of finance,
who shall cause the certified cost to be included in a special tax
bill or added to the annual real estate tax bill, at the collecting
official's option, for the property, and the certified cost shall
be collected by the City Collector or other official collecting taxes
in the same manner and procedure for collecting real estate taxes.
If the certified cost is not paid, the tax bill shall be considered
delinquent, and the collection of the delinquent bill shall be governed
by the laws governing delinquent back taxes. The tax bill from the
date of its issuance shall be deemed a personal debt against the owner
and shall also be a lien on the property from the date the tax bill
is delinquent until paid.
B.
Nuisance Abatement Fee Schedule.
1.
Mowing Of Property.
a.
Administrative Fees. There will be a twenty-dollar ($20.00)
administrative fee for any paperwork filed with the City Collector.
b.
Minimum Fees. A minimum fee of one hundred fifty dollars ($150.00)
shall be assessed to any property owner for the mowing of property.
c.
Minimum Time Allotted. Each additional hour shall be assessed
at twenty-five dollars ($25.00) per hour after the first hour. A fee
of fifteen dollars ($15.00) shall be assessed for additional manpower.
d.
Contract Labor. The actual cost of abatement as charged by contract
labor.
2.
Removal of garbage, trash and filth.
a.
Administrative Fees. There will be a twenty-dollar ($20.00)
administrative fee for any paperwork filed with the City Collector.
b.
Minimum Fees. A minimum fee of one hundred fifty dollars ($150.00)
shall be assessed to any property owner for the abatement of garbage,
trash and filth of any nature.
c.
Minimum Time Allotted. Each additional hour shall be assessed
at twenty-five dollars ($25.00) per hour after the first hour. A fee
of fifteen dollars ($15.00) shall be assessed for additional manpower.
d.
Contract Labor. The actual cost of abatement as charged by contract
labor.
3.
This fee schedule shall be used to calculate costs under Section 215.060(A).
[R.O. 2013 § 215.070; Ord. No.
KK754 § 1, 5-23-2002; Ord. No. 12-2-16 § XIX, 12-19-2016]
Any person convicted of violating any provisions of this Chapter shall be deemed guilty of an ordinance violation and punished as set forth in Section 100.220.
[Ord. No. 6-1-17 § III, 6-26-2017]
A.
Hearing Request. If a property owner or occupant subject to a notice to abate a nuisance under Section 215.040 disagrees with the determination that a nuisance exists upon the property or the land, such person may file in writing with the City Clerk a request for a determination hearing prior to the expiration of the abatement period prescribed in the notice to abate. Such request shall include the name and preferred contact information of the person filing the request, a brief statement of facts and an explanation as to why the nuisance determination is incorrect, and any other information or documentation that the person filing the request believes would support his/her position.
B.
Hearing Schedule. Upon receipt of a hearing request under this Section 215.080, the City Clerk shall set a hearing within five (5) business days. The City Clerk shall confer with the person filing the request and City staff and make reasonable efforts to accommodate the schedules of the persons necessary to conduct the hearing.
C.
Hearing Form. The City Administrator shall preside over the hearing
and will consider all probative and relevant evidence as to whether
or not the conditions alleged in the notice exist and if the conditions
constitute a nuisance. Evidence heard by the City Administrator shall
consist of exhibits submitted on the record and testimony of the parties
and witnesses appearing on behalf of the parties. No formal rules
or procedure shall be required, but all testimony shall be heard under
oath.
D.
Continuance. The City Administrator may continue the hearing for
good cause.
E.
Form Of Decision. Upon conclusion of the hearing, the City Administrator
shall, within a reasonable time, issue a decision, including findings
of fact and conclusions of law, which upholds the determination contained
within the notice to abate, modifies the determination contained within
the notice to abate, or dismisses the notice to abate. The decision
shall also include an order either directing the parties to abate
the nuisance in accordance with the decision or dismissing the notice
to abate.
F.
Default. Failure of the person requesting the hearing to appear at
the hearing shall result in a default decision in favor of the City's
initial determination contained within the notice to abate.
G.
Appeal Rights. Any owner, occupant, or party having a legal interest
in the lot or land subject to the hearing may, within thirty (30)
days from the receipt of the decision and order of the City Administrator,
appeal such decision to the Circuit Court of the County where the
lot or land is located, pursuant to the procedure established in Chapter
536, RSMo.
[Ord. No. 03-02-23, 3-27-2023]
Any marijuana facility authorized by Article XIV of the Missouri Constitution which generates marijuana smoke or odor that is capable of being detected by a person of ordinary senses (including, but not limited to, any Police Officer) beyond the property line of the facility is hereby declared to be a nuisance. In addition to any other remedy provided for the abatement of nuisances, the City may revoke the business license of any such facility for violation of this Section after notice and the opportunity for a hearing. Violation of this Section shall also be punishable by a fine, not to exceed five hundred dollars ($500.00).
