[CC 1974 §220.010(C, E — I); Pg. 26 R.O. 1939]
A. 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 ponds or pools of stagnant water.
4. Carcasses of dead animals not buried or destroyed within twenty-four
(24) hours after death.
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. Garbage cans which are not fly-tight, that is, 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. Common drinking cups, roller towels, combs, brushes or eating utensils
in public or semi-public places where not properly sanitized after
use.
10. 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 Versailles.
11. 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.
12. Any and all infestations of flies, fleas, roaches, lice, ticks, rats,
mice, fly maggots, mosquito larvae and hookworm larvae.
13. 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.
14. Unlicensed dumps and licensed dumps not operated or maintained in
compliance with the ordinances of the City of Versailles and the Statutes
of the State of Missouri.
15. 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.
16. 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
Versailles.
17. All slaughterhouses permitted by the person owning or having charge
of the same to be in such a condition as to become offensive, annoying
or injurious to the public health.
18. All privies or privy vaults or cellars kept in such condition as
to emit an offensive, obnoxious or disagreeable odor and all substances
emitting a noxious, offensive or disagreeable effluvia in the neighborhood
where they exist.
19. All obstructions caused or permitted on any sidewalk or street to
the danger or annoyance of the public and all stones, dirt, filth,
slop, vegetable matter or other articles thrown or placed by any person
on or in any street, alley, sidewalk or other public place which in
any way may cause or is liable to cause any injury or annoyance to
the public.
20. All stables, cattle yards, hog, sheep or cow pens permitted by the
person owning or controlling the same to be in such a condition as
to become offensive, annoying or injurious to the public.
21. All houses or buildings used for any special storage of powder, dynamite
or other explosive substance.
22. All hog pens fronting or adjoining any public street or highway.
B. Unlawful To Cause, Maintain Within City Or One-Half Mile Thereof. It is unlawful for any owner, lessee or occupant or any agent, servant,
representative or employee of any such owner, lessee or occupant having
control of any occupied lot or land or any part thereof in the City
of Versailles or within one-half (½) mile of the corporate
limits of the City of Versailles, Missouri, to cause, permit or maintain
a nuisance on any such lot or land. Additionally, it is unlawful for
any person or his/her agent, servant, representative or employee to
cause or maintain a nuisance on the land or property of another with
or without permission.
Each day that a nuisance shall be maintained is a separate offense.
C. 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.
D. Abatement — Procedure Generally. Whenever the Board
of Aldermen 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. The Board may order
any person who has caused or is maintaining the nuisance to appear
before the Board at such time and place as the Board may direct to
show cause, if any, why that person should not abate the nuisance.
Every person required to appear before the Board shall have at least
ten (10) days' notice thereof.
2. Such notice shall be signed by the Health Officer or Chief of Police
and shall be served upon that person by delivering a copy thereof
to the person, or by leaving a copy at his/her residence with some
member of the family or household over fifteen (15) years of age,
or upon any corporation by delivering the copy thereof to the President
or to any other officer at any business office of the corporation
within the City. If the notice cannot be given for the reason that
the person named in the notice or his/her agent cannot be found in
the City, of which fact the return upon such notice of the officer
serving the same shall be conclusive evidence, such notice shall be
published in a daily newspaper for three (3) consecutive days, if
a daily, or once, if a weekly paper, giving at least ten (10) days'
notice from the final publication date of the time fixed for the parties
to appear before the Board.
3.
If after hearing all the evidence the Board of Aldermen may
determine that a nuisance exists, it may direct the Health Officer
or Chief of Police or other City Official to order the person to abate
the nuisance; once ordered, abatement work shall begin in no less
than seven (7) calendar days and be completed in no less than twenty
(20) calendar days or within such other time as the Board may deem
reasonable. Such order shall be served in the manner provided in this
Section for service of the order to show cause. The order may further
provide that the appropriate City Official be directed to abate the
nuisance if the order is not obeyed within the time period set by
the Board and that a special tax bill be issued for the costs of abating
the nuisance.
[Ord. No. 1847 §§1—2, 10-8-2013]
4. If the order has not been obeyed within the time period set by the
Board, the appropriate City Official shall proceed to abate the nuisance
in the manner provided by the order of the Board, and the cost of
same, if ordered by the Board, may be assessed as a special tax against
the property so improved or upon which such work was done; and, if
so ordered, the City Clerk shall cause a special tax bill therefor
against the owner thereof when known, and if not known then against
the unknown persons, and the certified bills of such assessment shall
describe therein the property upon which the work was done.
5. The bills for the above work shall be recorded and shall be collected
and paid as provided for the collection of other special tax bills
for the repairing of sidewalks or grading or paving of streets and
shall be a lien on the property.
6. The cost of abating nuisances on private property shall be levied
and assessed on each lot in proportion to the amount of work done
and material used in abating the nuisance located on each such lot.
[CC 1974 §220.040; Pg. 27 R.O. 1939]
No person within this City shall conduct, cast or throw or suffer
to escape into or upon any sidewalk, street, alley or other public
place or upon any private property belonging to or in possession of
another from any kitchen, house, tenement or other place any filth,
garbage, foul or unclean water or suffer any liquid substance to escape
into or upon any private property so as to become putrid, offensive
or unhealthy.
[CC 1974 §220.050; Pg. 27 R.O. 1939]
No distiller, tanner, butcher, pork or beef packer, tallow candler,
livery stable keeper, feed yard or hitching yard keeper, soap boiler
or other person whomsoever shall cause or permit any offal, blood,
filth, manure, rubbish, still slops or any refuse, animal or vegetable
or any unclean, foul or nauseous liquor to be discharged out of or
from any premises owned or occupied by him/her or to be thrown upon
any sidewalk, street, alley or other public place or vacant lot in
this City or into any private property belonging to or in possession
of another.
[CC 1974 §220.070; Pgs. 27 — 28 R.O. 1939]
A. It
shall be unlawful for any person, firm or corporation to keep any
hogs or swine within the corporate limits.
B. This
Section shall not be so construed as to prevent the driving or other
transportation of swine into or across said City or the holding the
same at stock pens for a period in excess of forty-eight (48) hours.
Provided that said stock pens shall at all times be kept in a sanitary
condition and as free as possible from disagreeable smell.