Cross References — As to dangerous buildings, ch. 505; as to solid waste, ch. 230; as to abandoned vehicles, ch. 385.
State Law Reference — Board of aldermen shall regulate
sanitary conditions, §79.370, RSMo.
[R.O. 2011 §21-1; Ord. No. 2797 §2, 4-6-1992]
A.
The
following are hereby defined, deemed and declared to be nuisances:
1.
Carcasses of dead animals, fowl or reptiles;
2.
Ashes, slops, filth, excrement, soot, garbage, rubbish, manure, offal,
stagnant water, decaying animal matter, decaying fruit or vegetables
or other vegetable matter, broken kitchenware, wrecked or parts of
automobiles or other machines, scrap iron or other metals, discarded
wood products, tin cans, bottles, broken glass, discarded wearing
apparel or any other offensive or disagreeable substance; dilapidated
barns, sheds, houses or other buildings in such a condition as to
be offensive to the sight or smell or a menace to health, safety,
peace or comfort or of such a nature as to be or become harbors or
breeding places for mosquitoes, ants, flies, rats, mice or other insects,
animals or vermin; and 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 upon which
such vehicles, racing cars, rides or other motor-driven contrivances
are being driven or operated;
3.
Factories, slaughterhouses and all other places of business causing
an offensive odor;
4.
Green or unsalted hides kept in an exposed or open place;
5.
Hog pens;
6.
Shrubs, hedges and limbs of trees projecting over a City sidewalk
or City street at a height of less than ten (10) feet;
7.
Privies in an overflowing, leaking, filthy or otherwise unhealthy
condition;
8.
Ponds and pools of unclean water;
9.
The rendering, heating or steaming of any animal or vegetable product
or substance in such a manner as to cause disagreeable odors off the
premises;
10.
Stable, stall, shed, pen or yard in which any animal or fowl has
been kept or is kept and which is in an unclean condition;
11.
All substances or things which cause an odor disagreeable to the
surrounding neighborhood;
12.
Emission or discharge of dense smoke;
13.
Discarded tires;
14.
Discarded appliances, including, but not be limited to, refrigerators,
ice boxes, stoves, ovens, washers and dryers; discarded or unused
fuel tanks, containers and barrels;
15.
Loud noise, including music;
16.
Washing or cleaning any vehicle upon any street, avenue, sidewalk
or park or upon any other place so near to any such street, avenue,
alley, sidewalk or park that the water, dirt, mud or dust therefrom
runs, flows or is blown upon any such street, avenue, alley, sidewalk
or park;
17.
Barking dogs;
18.
Outdoor display of merchandise, junk or any other matter which is
offensive to the visual sensibilities;
19.
The maintaining, doing, keeping or permitting the maintaining, doing
or keeping of anything injurious to the public health, safety or welfare;
or
20.
Weeds, brush or other rank vegetation in excess of ten (10) inches
in height, excluding, however, all trees, shrubs, ornamental grasses,
flowers, berry vines and bushes, vines, crops, grains and garden plants
and vegetables.
21.
No person shall permit any junked or abandoned vehicle to be stored
or parked on any premises occupied by or owned by the person, except
inside an enclosed building or garage. A vehicle shall be considered
junked or abandoned if it is not in operable condition for a consecutive
period of thirty (30) days. Vehicles that are being restored by the
owner shall not fall within said definition, provided said restoration
is in progress on a continuous basis and the owner establishes a date
for completion of such work. After the completion date, if such vehicle
is not operable, it shall be deemed junked and subject the owner to
the requirements of this Section.
[Ord. No. 3412, 4-15-2019]
22.
It shall be unlawful for the owner or occupant of a structure or
property to utilize the exterior premises of such property for the
open storage of any junk vehicle parts, appliances, furniture (excluding
garden or patio furniture intended for outdoor use and barbeque grills),
building demolition rubbish, boxed or bagged household waste, or any
other similar items. For the purpose of this Section, "open storage"
shall be defined to include all storage on the premises which is not
inside an enclosed building. This includes storage on porches, storage
under open carports or breezeways, storage in open garages not equipped
with a door, storage inside yards or similar areas visible from the
public right-of-way.
[Ord. No. 3412, 4-15-2019]
[R.O. 2011 §21-2; Ord. No. 2797 §3, 4-6-1992]
No person, firm or corporation shall permit, cause, keep, maintain
or do any nuisance as defined by this Chapter or cause or permit to
be committed, caused, kept, maintained or done any such nuisance within
the City of Salem, Missouri.
A.
Abatement Of Nuisance — Abatement Officer. Whenever
the Abatement Officer for the City shall ascertain or have knowledge
that a nuisance exists on any premises in the City, he/she shall,
by written notice, notify the persons occupying or having possession
of said premises to abate or remove such nuisance within the time
to be specified in such notice, not less than fifteen (15) days. Failure
to abate such nuisance within the time specified within the notice
or failure to pursue the removal or abatement of such nuisance without
unnecessary delay, shall be deemed an ordinance violation.
B.
Notice. The Abatement Officer shall determine all individuals,
firms or corporations who, from the records in the Recorder of Deeds
office, appear to be the titled owners of the aforesaid property and
immediately cause a written notice to be served on each such individual,
firm or corporation by one (1) of the following methods:
1.
The delivery of a true copy of the notice to the person(s) intended
to be notified, or the leaving of a copy at his/her usual place of
abode with some member of his/her family over the age of fifteen (15)
years.
2.
Mailing a copy to such person at such place or address by United
States certified mail return receipt.
3.
If service of such written notice is unable to be perfected by any
of the methods described above, the Abatement Officer shall direct
the City Clerk to cause a copy of the aforesaid notice to be published
in a newspaper of general circulation in the County where the City
is located, once a week for two (2) consecutive weeks and shall further
cause a copy of the aforesaid notice to be left with the individual,
if any, in possession of such property on which it is alleged such
public nuisance exists, or if there is no individual in possession
thereof, the Abatement Officer shall cause a copy of the notice to
be posted at such structure, location or premises. The Abatement Officer
may also determine from the Recorder of Deeds' office who the lienholder
of the property, if any, as documented therein, is and cause a written
notice to be served on such lienholder by United States mail return
receipt.
C.
Summary Abatement. Whenever it becomes necessary to abate
a nuisance immediately in order to secure the general health, welfare
or safety 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
laborers especially employed for that purpose, or any other help or
assistance necessary therefor.
D.
Municipal Court May Order Abatement — Cost Of Abatement By
The City, How Paid. If, upon a trial for the failure to abate
such nuisance within the time specified within the notice or failure
to pursue the removal or abatement of such nuisance without unnecessary
delay, the judge of the Municipal Court shall find that a violation
exists and that the defendant has had proper notice as provided in
this Section and that the defendant has failed to abate the nuisance,
the judge of the Municipal Court shall, in addition to the penalty
for violating this Section, make an order directing the Abatement
Officer to abate such nuisance forthwith and immediately report the
expenses thereof 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 and 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 until paid.
E.
Right Of Entry. 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
engaged in the abatement of any nuisance pursuant to an order of the
Municipal Judge or any summary abatement as described above.
F.
Remand And Hearing. In case the Municipal Judge shall determine
that abatement of any alleged nuisance is not immediately necessary
for the protection of the health of the inhabitants of the City, he/she
may instead of entering a finding remand the matter to the Board of
Aldermen and the City shall hold a hearing before declaring the same
to be a nuisance and ordering its abatement. At least fifteen (15)
days' notice of such hearing shall be given to the owner or occupant
of the premises upon which such alleged nuisance exists or to his/her
agent or to the person causing or maintaining such alleged nuisance,
which notice shall state the time and place of such 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 Board of Aldermen finds that a nuisance exists, it shall
order the owner, occupant or agent of such property, or the person
causing or maintaining such nuisance, to abate the same and if the
same be not abated within the time prescribed by the City Board of
Aldermen in such order, the matter may again be presented for prosecution
before the Municipal Court for determination.
G.
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.
[R.O. 2011 §21-4; Ord. No. 2797 §5, 4-6-1992]
Everyday any violation of this Article shall continue shall
constitute a separate offense.
[R.O. 2011 §21-6; Ord. No. 2797 §7, 4-6-1992]
The residents of the City are entitled to a clean environment
and one in which their health, safety, welfare, peace and comfort
are protected, however, it is impossible to specifically define all
possible nuisances. Section 215.010(19) of this Article is included
to prohibit nuisances not specifically defined herein from damaging
or threatening the health, safety or welfare of the residents of the
City of Salem. As always, the Board of Aldermen intends a common sense,
level headed approach to enforcing this Article.
A.
Any
lot or land shall be a public nuisance if it has the presence of debris
of any kind including, but not limited to, weed cuttings, cut and
fallen trees and shrubs, overgrown vegetation and noxious weeds which
are ten (10) inches or more in height, rubbish and trash, lumber not
piled or stacked twelve (12) inches off the ground, rocks or bricks,
tin, steel, parts of derelict cars or trucks, broken furniture, any
flammable material which may endanger public safety or any material
which is unhealthy or unsafe and declared to be a public nuisance.
B.
When
a public nuisance as described above exists, the code enforcement
official] shall so declare and give written notice to the owner of
the property by personal service, certified mail, if otherwise unsuccessful,
by publication. Such notice shall, at a minimum:
1.
Declare that a public nuisance exists;
2.
Describe the condition which constitute such nuisance;
3.
Order the removal or abatement of such condition within seven (7)
days from the date of service of such notice;
4.
Inform the owner that he or she may file a written request for a
hearing before the code enforcement official on the question of whether
a nuisance exists upon such property; and
5.
State that if the owner fails to begin removing the nuisance within
time allowed, or upon failure to pursue the removal of such nuisance
without unnecessary delay, the code enforcement official shall cause
the condition which constitutes the nuisance to be removed or abated
and that the cost of such removal or abatement may be included in
a special tax bill or added to the annual real estate tax bill for
the property and collected in the same manner and procedure for collecting
real estate taxes.
C.
If the owner of such property fails to begin removing the nuisance within the time allowed, or upon failure to pursue the removal of such nuisance without unnecessary delay, the code enforcement official shall cause the condition which constitutes the nuisance to be removed. If the code enforcement official causes such condition to be removed or abated, the cost of such removal and a reasonable charge for administering the provisions of Section 215.060 not less than $100, shall be certified to the City Clerk and/or Finance Officer 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 and 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 until paid.
[Ord. No. 3412, 4-15-2019]
[Ord. No. 3412, 4-15-2019]
Whenever the City is required to abate a nuisance under the provisions of Chapter 215, there shall be a minimum charge of seventy-five dollars ($75.00) for the expenses incurred by the City for the abatement of the nuisance. In addition to the cost of abatement, the City will charge a fee of not less than one hundred dollars ($100.00) for the City's costs in administering the provisions of Chapter 215.
