[Ord. No. 05-1611 §1(13-42b
— d), 8-15-2005; Ord. No. 06-1675 §1, 6-5-2006; Ord. No. 16-2162 § 1, 11-21-2016[1]; Ord. No. 16-2163 § 1, 11-21-2016; Ord.
No. 20-2291, 3-16-2020]
A.
Nuisances Declared. The following are declared to be nuisances affecting
health:
1.
All decayed or unwholesome food offered for sale to the public
or offered to the public at no charge.
2.
All diseased animals running at large.
3.
All stagnant water in which mosquitoes, flies, or other insects
can multiply.
5.
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.
6.
Privy vaults or garbage cans which are not fly-tight, that is,
privy vaults or garbage cans which do not prevent the entry of flies,
insects, and rodents.
7.
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.
8.
Dense smoke, noxious fumes, gas and soot, or cinders in unreasonable
quantities, or the presence of any gas, vapor, fume, smoke, dust,
or any other toxic substance on, in, or emitted from the equipment
of any premises in quantities sufficient to be toxic, harmful, or
injurious to the health of any employee or to any premises, occupant
or to any other person.
9.
Any vehicle used for septic tank cleaning which does not meet
the requirements of this Chapter of the Code of Ordinances of the
City of Manchester.
10.
Any vehicle used for garbage or rubbish disposal which is not
equipped with a watertight metal body and provided with a tight metal
cover or covers and so constructed as to prevent any of the contents
from leaking, spilling, falling, or blowing out of such vehicle at
any time, except while being loaded, or not completely secured and
covered so as to prevent offensive odors from escaping therefrom or
exposing any part of the contents at any time.
11.
Any and all infestations of flies, fleas, roaches, lice, ticks,
rats, mice, fly maggots, mosquito larvae, and hookworm larvae.
12.
The keeping of animals and fowls in any area within the City
not zoned for agricultural uses except pet cats and dogs, animals
in public or licensed zoos, and farm animals in laboratories.
13.
Unlicensed dumps and licensed dumps not operated or maintained
in compliance with the ordinances of the City of Manchester and the
Statutes of the State of Missouri.
14.
No person shall discharge or cause to be discharged into a stormwater
system any waste materials, liquids, vapor, fat, gasoline, benzene,
naphtha, oil or petroleum product, mud, straw, lawn clippings, tree
limbs or branches, metal or plastic objects, rags, garbage, or any
other substance which is capable of causing an obstruction to the
flow of the storm system or interfere with the proper operation of
the system or which will pollute the natural creeks or waterways.
15.
Firewood that is not stacked a minimum of six (6) inches off
the ground
16.
No person shall store any lumber, wood, coal, rock, rubbish
or other material or substance on any lot or premises in such manner
as to endanger the public health or safety.
17.
Any tree on any property which, by reason of its dying, decay,
or other reason, is a menace to the safety of persons using any street,
alley, or sidewalk or persons occupying any premises or parcel of
ground.
18.
Discharge of piped potable or non-potable water, including groundwater,
stormwater, and pool water, release of liquids, chemicals, oils, or
substances upon any right-of-way, including streets, alleys, tree
lawns, sidewalks, bike trails, or in close proximity to natural streams
or neighboring premises that constitutes a hurt, injury, inconvenience,
or danger to the health, safety, or welfare of the public or residents
of the immediate vicinity. At a minimum, piped residential downspouts
or basement sump pumps shall be day-lighted to surface discharge at
least ten (10) feet away from a property line.
19.
No person shall store junked or discarded property, including,
but not limited to, automobiles, automobile parts, trucks, tractors,
appliances, construction materials, machinery or machinery parts,
bricks, cement blocks, wood, junk tires, furniture manufactured for
indoor use, or other unsightly debris which may tend to depreciate
property values in the area or create a hazard.
20.
Perforated, punctured, ruptured, broken, cracked, or leaking
sanitary sewer or water lateral lines.
21.
The removal or destruction of vegetation or the failure to establish
or maintain such vegetation on property so as to cause or be likely
to cause damage to, or otherwise adversely affect, adjoining private
or public streets, storm sewers, or properties due to soil erosion
or siltation.
22.
Any exterior lighting fixture that shines light directly into a window
of a dwelling unit located on an adjoining lot and interferes with
the reasonable use and enjoyment of neighboring property. Exterior
lighting should be arranged or designed using cut-off lenses to direct
light away from all adjoining properties or streets. Flood or spotlights
shall be shielded when necessary to prevent glare on adjoining property
or streets.
[Ord. No. 23-2393, 8-21-2023]
B.
Separate Offense. Each day that a nuisance shall be maintained is
a separate offense.
C.
Right Of Entry. Any person employed, or contracted with, for the
abatement of a nuisance as provided for in this Chapter and any agent
or employee of such person shall have the right of entry for that
purpose into and upon any premises. Any interference with such entry
or entry by any Police Officer, any officer, agent or employee of
the Division of Health, or by any representative of the Health Commissioner
for the purpose of sanitary inspection or the discovery or abatement
of any nuisance shall constitute a misdemeanor.
D.
Authority To Abate Emergency Cases. In cases where it reasonably appears that there is an immediate danger to the health, safety, or welfare of the public due to the existence of a nuisance, the City shall have authority to immediately abate the nuisance in an appropriate manner. Any aggrieved party under this Subsection (D) shall have the right to a hearing as set forth in Subsection (E)(3) after the City has abated the nuisance if requested in writing within ten (10) days of the City's abatement action.
E.
Abatement; Non-emergency — Procedure Generally. Whenever the
City receives notification that a nuisance may exist, it shall proceed
as follows, except as may be otherwise provided herein:
1.
It Shall Investigate The Same. Pursuant to permission granted by the owner/occupant or an administrative search warrant issued as set forth in Section 130.140, Code Enforcement, or any officer, agent, or employee of the City appointed by the Planning Director, is hereby authorized to enter and inspect all buildings and parts of buildings and other premises for the purpose of examining the sanitary condition thereof and for the discovery and abatement of nuisances therein. If any nuisance or unsanitary condition be found on such inspection, it shall be reported forthwith to the Director of Planning.
2.
Request To Abate. If the City has reason to believe that a nuisance
is being maintained, the City shall notify the person causing, maintaining,
or permitting the nuisance and request the person resolve the issue
within a reasonable time depending on the circumstances but in no
instance, other than an emergency, less than ten (10) days of receiving
such request (the "abatement period").
a.
This request to abate shall be given in writing either personally
by hand delivery or by first class United States mail to the owner
or owners at their last known address, or the owner's agents, and
to the occupant at the property address if not the same, and shall
include a statement of the condition constituting the apparent nuisance
and the actions necessary to remove, terminate, or abate the nuisance.
The request to abate shall also state that, upon noncompliance, the
City will conduct a hearing at a date and time if there is a failure
to abate before the expiration of the abatement period.
b.
Notice Of Hearing. If the request to abate did not set a hearing
date, and if necessary because of a failure to abate the nuisance,
a separate notice of hearing shall be sent to inform the addressee
of the date, time, and place of the scheduled hearing which shall
be no sooner than ten (10) days after such notice. At a minimum, the
notice of hearing should explain that at the hearing the City will
present its evidence, and the addressee shall be provided an opportunity
to be heard and present evidence as to why the condition should not
be deemed a nuisance.
c.
The City's failure to strictly comply with the request/notice
requirements in this Section shall not invalidate any actions taken
hereunder.
3.
Hearing. The hearing shall be conducted in accordance with the
administrative procedure requirements for a contested case under Section
536.070, RSMo., and shall be suitably recorded and preserved. All
parties shall have the opportunity to be heard and present evidence
and witnesses as to whether the condition maintained on the property
constituted a nuisance. The Director of Planning shall act as the
Hearing Officer. Should the Hearing Officer find a nuisance pursuant
to this Article, the person(s) found to have caused the nuisance shall
be ordered to abate the nuisance and given a reasonable period of
time to do so. The order to abate the nuisance shall be in writing
specifying the grounds for the order and the date by which the nuisance
must be abated. Such order shall either be provided at the hearing
or shall be served to the affected persons either personally or by
first class United States mail as soon thereafter as practicable.
4.
Failure To Abate. In the event that the nuisance is not removed
prior to the expiration of the time allotted in the order to abate
or in the case of an emergency situation posing an imminent danger
to or threatening the health, safety, and welfare of the public, the
City may cause the nuisance to be removed. If the City abates the
nuisance it shall certify the costs of the nuisance removal to the
City Clerk.
F.
Special Tax Bill. If the City causes such condition to be removed
or abated, the cost of such removal or abatement shall be certified
to the City Clerk or Finance Director 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 in the same manner and procedure
for collecting real estate taxes. The certified costs associated with
the removal, termination, or abatement of nuisance (whether an emergency
or non-emergency situation) shall include all expenses incurred by
the City in the removal of the nuisance, including, but not limited
to, the actual cost of inspecting the land or lot, the actual cost
of service of notice as provided herein, the actual cost of abatement,
and the actual cost for drafting, issuing, and recording the tax bill.
Such tax bills if not paid when due shall bear interest at the rate
of eight percent (8%) per annum or the statutory rate, whichever is
higher. 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.
G.
Preservation Of Rights And Remedies. Nothing in this Section shall
limit the right of the City to seek any other remedy or enforcement
process available in law or equity in addition to or in lieu of the
remedy specified herein, including prosecution in the City's municipal
court. If the City brings a civil cause of action for abatement of
nuisances in the Circuit Court, the City may, upon successful prosecution
of such cause of action, be awarded by the court reasonable attorneys'
fees incurred in such action pursuant to Section 79.383 RSMo., inter
alia.
[1]
Editor’s Note: Section 2 set out an effective date of
6-1-2017.
