[R.O. 2012 §225.010; CC 1979 §19-1; Ord. No. A-1923 §1, 4-26-1962; Ord. No. 8682, 6-20-2019]
No person shall cause, maintain or permit, on premises owned
or controlled by him/her, a nuisance as defined by this Chapter. Further,
any owner, lessee or occupant, or any agent, servant, representative
or employee of any such owner, lessee or occupant, having control
of any lot of ground or any part of any lot, who shall allow or maintain
on any such lot any growth of weeds or grass to a height of eight
(8) inches or more, shall be deemed guilty of a misdemeanor. Whenever
private property abuts a public right-of-way or easement belonging
to the City of Monett, or any public entity, and there exists in such
right-of-way or easement a tree lawn or grassy area between the private
property line and midline of said right-of-way or easement, then such
tree lawn or grassy area shall be considered, for purposes of this
Section requiring cutting of grass and weeds, to be a part of the
private lot which abuts the right-of-way or easement, and it shall
be the duty of those responsible under this Section for the maintenance
of the private lot to equally maintain the tree lawn or grassy area
within the abutting right-of-way or easement, and all of the provisions
of this Section shall apply with equal force and effect to said tree
lawn or grassy area.
[R.O. 2012 §225.020; CC 1979 §19-2; Ord. No. A-1923 §2, 4-26-1962; Ord. No. A-4199 §1, 9-16-1980; Ord. No. A-4676 §1, 8-9-1985; Ord. No. A-6825 §1, 4-30-1999; Ord. No. A-7050A, 7-27-2001; Ord. No. 7949 §1, 12-21-2009; Ord. No. A-8085 §§1
— 2, 12-20-2011]
A. The
following things and conditions are hereby declared to be nuisances
but this list shall by no means be deemed exclusive:
1. Dangerous or unlawful amounts of combustible, explosive or otherwise
hazardous materials.
2. Hazardous conditions arising from defective or improperly installed
equipment for handling or using combustible, explosive or otherwise
hazardous materials.
3. Dangerous accumulations of rubbish, wastepaper, boxes, shavings or
other highly flammable materials.
4. Accumulations of dust or waste material in air-conditioning or ventilating
systems or of grease in kitchen or other exhaust ducts.
5. Obstructions to or on fire escapes, stairs, passageways, doors or
windows, liable to interfere with the operations of the Fire Department
or egress of occupants in case of fire.
6. Any building or other structure, which for want of repairs, lack
of sufficient fire escapes or other exit facilities, automatic or
other fire alarm apparatus or fire extinguishing equipment, or by
reason of age or dilapidated condition, or from any other cause, creates
a hazardous condition.
7. The presence of high weeds, brush and other rank vegetation, excluding
shade trees, ornamental shrubs, fruit trees, domesticated berry bushes
and vines, cover crops and domestic grains and plantings, on lots
and pieces of land within the City limits, constituting a nuisance
and a menace to the public safety, health or welfare by reason that
such condition may:
[Ord. No. 8659, 4-19-2019]
b. Furnish cover for prowlers.
c. Create a nuisance with potential danger of injury by means of rocks,
debris, holes, etc., covered by excess growth.
d. Obstruct visibility at street intersections.
e. Result in the aggravation of allergies.
f. Furnish a potential harborage or breeding place for disease carrying
insects, arthropods, animals and poisonous snakes.
The growth of weeds, brush or other rank vegetation in excess
of eight (8) inches in height is declared to be a public nuisance
per se, detrimental to the health, safety and welfare of the public,
and upon the discovery of such a nuisance upon any property in the
City. The City Administrator shall give a hearing after ten (10) days'
notice thereof, either personally or by United States mail to the
owner or owners, or his, her or their agents, or by posting such notice
on the premises; thereupon, the City Administrator may declare the
weeds to be a nuisance and order the same to be abated within five
(5) days; and in case the weeds are not cut down and removed within
the five (5) days, the City Administrator shall have the weeds cut
down and removed, and shall certify the costs of same to the City
Clerk, who shall cause a special tax bill therefor against the property
to be prepared and to be collected by the Collector, with other taxes
assessed against the property; and the tax bill from the date of its
issuance shall be a first lien on the property until paid and shall
be prima facie evidence of the recitals therein and of its validity,
and no mere clerical error or informality in the same, or in the proceedings
leading up to the issuance, shall be a defense thereto. Each special
tax bill shall be issued by the City Clerk and delivered to the Collector
on or before the first (1st) day of October of each year. Such tax
bills if not paid when due shall bear interest at the rate of eight
percent (8%) per annum.
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No proceeding in the Municipal Court of the prosecution of a
violation of this Section shall prohibit or be a bar to action by
the City for the abatement of such condition and nuisance by the City,
and no action by the City for the abatement of such condition and
nuisance shall prohibit or be any bar to a proceeding in the Municipal
Court for prosecution of a violation of this Section.
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8. Carcasses of animals remaining exposed more than six (6) hours after
death.
9. Ashes, slops, filth, excrement, stones, straw, soot, rubbish, manure,
offal, stagnant water, all sorts of decaying animal matter, decaying
fruit or vegetables or other vegetable matter, broken kitchenware,
wrecks or parts of worn out automobiles; or other machines, scrap
iron or other metals, tin cans, old bottles, broken glass, discarded
wearing apparel, dead animals or any other offensive or disagreeable
substance or thing, old dilapidated barns, sheds or other buildings
left or deposited or caused or permitted to remain left or deposited
in such quantity or in such 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, whether
left or deposited upon private premises owned, occupied or controlled
by persons causing or permitting the same or upon any public street,
sidewalk, alley, parkway, public enclosure or vacant lot; any water,
stream and condensation drained from, emitted from or thrown upon
any sidewalk, parkway, alley or street from any place occupied by
a residence, commercial or business structure or any appurtenances
thereto belonging; 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 whereon such
vehicles or contrivances may be operated.
10. Factories, slaughterhouses and all places of business causing an
offensive odor to a greater extent than is required for the necessary
prosecution or carrying on of such business.
11. Solid waste deposited otherwise than in a suitable container for
removal.
12. Green or unsalted hides kept in an exposed or open place.
14. Limbs of trees projecting over a sidewalk or a street at a height
of less than ten (10) feet.
15. Privies or septic tanks in an overflowing, leaking or filthy condition.
16. Ponds and pools of unclean water.
17. The rendering, heating or steaming of any animals or vegetable product
or substance, in such a manner as to cause disagreeable odors.
18. Stables, stalls, sheds, pens or yards in which any horses or cattle
have been kept, which are in an unclean condition.
19. All substances or things which cause an odor disagreeable to the
surrounding neighborhood.
20. The accumulation, storage, piling, stacking, placing, containing
or maintaining of paper, magazines, rags, sawdust, leaves, straw or
other similar substances on private or business property by the owner
or the person in charge of such property, whether through his/her
agents, servants, employees or otherwise, when such substances are
so accumulated, stored, piled, stacked, placed, contained or maintained
that they may, by natural causes, escape from the property onto the
property of others or onto the streets, sidewalks or alleyways of
the City.
21. Residential indoor furniture, appliances and/or plumbing fixtures
placed out of doors, placed on unenclosed porches, whenever exposed
to the weather or elements, or whenever exposed to the weather or
elements on pick-up trucks or other motor vehicle. It shall not be
deemed a violation of this Section if said furniture, appliances and/or
plumbing fixtures are rated by the manufacturer for outdoor use. It
shall not be deemed a violation of this Section if indoor furniture,
appliances and/or plumbing fixtures have been placed on a residential
porch which is totally enclosed with windows and doors.
22. Outdoor wood-burning furnaces, whenever located in the front or side
yard.
[R.O. 2012 §225.025; Ord. No. A-7075, 9-13-2001; Ord. No.
A-8086 §§1 — 2, 12-20-2011; Ord. No. 8659, 4-19-2019]
The City Administrator may have nuisances abated after ten (10)
days' written notice to property owners if the owners fail to abate
the nuisance. If written notice is impossible or impracticable, notice
shall be deemed effective upon posting notice on said property. Costs
of such abatement, including administrative costs and legal costs
not to exceed five hundred dollars ($500.00), shall be a lien upon
the property and a personal debt against the property owners until
paid. The costs of future violations of the same type on the same
property shall be levied at twice the actual costs. If the nuisance
involves unregistered and/or inoperable motor vehicles in violation
of Section 225.020(9), then the Chief of Police shall have the option,
after giving the above required ten (10) day written notice, to issue
a summons to Municipal Court to the owner of the premises for violation
of the nuisance provisions of the City Code and/or having the vehicle
towed by a towing company having a valid business license for the
City of Monett. Notice of the location of the vehicle shall be posted
on the front door of the residence from which the vehicle was removed.
Summons shall be served as required by law. The owner of said vehicle
shall have the right to reclaim the same at the designated towing
company upon payment of all reasonable towing and storage charges.
Violation of this Section shall be punishable by a fine of no greater
than five hundred dollars ($500.00) and any applicable court costs
and fees.
[R.O. 2012 §225.030; CC 1979 §§4-12 —
4-13, 19-3; Ord. No. A-1923 §4, 4-26-1962; Ord. No. A-2949 §1, 9-21-1970]
A. No
person shall keep, or cause, allow or permit to be kept, on any premises
in the City occupied by him/her or under his/her charge or control
any goats, cattle, sheep, poultry, dogs, cats or other animals or
fowl in a pen or other enclosure so that the same shall constitute
a nuisance to any inhabitant in the vicinity thereof by creating an
offensive or noxious smell or odor or offensive noise.
B. No
person shall permit or allow any goats, cattle, sheep, poultry, dogs,
cats or other animals or fowl owned, kept or fed by him/her or under
his/her control to create a nuisance to the inhabitants in the vicinity
of such person by creating an offensive or noxious smell or odor or
offensive noise or by repeatedly entering upon property in the vicinity
owned by or in the possession or control of others.
C. Offensive, Noisome, Etc., Barns, Stables Or Pens. No person
shall erect, operate or maintain any barn, stable, hen house, hutch
or pen, of any kind whatsoever, and permit the same to become offensive,
noisome, disagreeable or obnoxious to the neighborhood in which the
same may be located.
D. Cleanliness Of Pens, Etc. It shall be the duty of the owner
or person having control of any pen or other enclosure wherein any
animal or fowl shall be kept within the City to remove all solid waste
therefrom at least once each day, and as much oftener as may be necessary
to keep the same in a clean and sanitary condition and prevent odors.
[R.O. 2012 §225.040; CC 1979 §19-4; Ord. No. A-3836 §§1 — 6, 11, 7-19-1977]
A. It
is hereby determined that the presence of the fungus Histoplasma capsulatum
upon any property in the City is or may be injurious to the health
and welfare of the inhabitants of the City, and the presence of the
fungus Histoplasma capsulatum on any property in the City shall constitute
a nuisance.
B. No
person shall cause, maintain or permit on property owned or controlled
by him/her the presence of the fungus Histoplasma capsulatum.
C. Upon
discovery of the presence of the fungus Histoplasma capsulatum upon
any property in the City, the City Administrator shall give notice
thereof by posting a notice thereof upon such property and mailing
a copy of such notice to the last known address of the record owner
of such property or delivering a copy of such notice to the person
controlling such property or owning the same.
[Ord. No. 8659, 4-19-2019]
D. Upon
the posting and mailing or delivery of such notice, the person owning
or controlling such property shall cause the presence of the fungus
Histoplasma capsulatum and such nuisance to be abated in accordance
with procedures recommended by the Public Health Service of the U.S.
Department of Health, Education and Welfare within five (5) days after
such notice is posted and mailed or delivered and provide proof of
such abatement to the City Administrator.
[Ord. No. 8659, 4-19-2019]
E. If
the person owning or controlling such property where the fungus Histoplasma
capsulatum has been found to exist does not cause the same to be abated
within five (5) days after such notice is posted and mailed or delivered,
the City may cause the presence of such fungus Histoplasma capsulatum
and such nuisance to be abated, and the person owning or controlling
such property at such time shall be civilly liable to the City for
the cost of such abatement, and upon such abatement being completed
by the City, the City Administrator shall cause the cost thereof to
be certified to the City Collector and a copy thereof to be mailed
or delivered to the person owning or controlling such property. The
amount so certified shall constitute a lien upon the property upon
which such condition and nuisance was abated, which may be foreclosed
by appropriate proceeding in the Circuit Court of the County.
[Ord. No. 8659, 4-19-2019]
F. Duly
authorized representatives of the City shall be permitted to enter
upon and make appropriate tests to determine the presence of the fungus
Histoplasma capsulatum upon any property within the City upon which
the presence of such fungus is reasonably suspected, and for the purpose
of abating the presence of the fungus Histoplasma capsulatum and such
nuisance, and for the purpose of making appropriate tests to determine
if the same has been abated.
G. No
proceeding in the Municipal Court of the prosecution of a violation
of this Section shall prohibit or be any bar to action by the City
for the abatement of such condition and nuisance by the City, and
no action by the City for the abatement of such condition and nuisance
shall prohibit or be any bar to a proceeding in the Municipal Court
for prosecution of a violation of this Section.
[R.O. 2012 §225.041; Ord. No. 7877 §1, 8-20-2008]
A. Definitions. Whenever the following terms are used in this
Section, they shall have the following meanings:
GRAFFITI
The defacing, damaging or destroying by the spraying of paint
or marking of ink, chalk, dye or other similar substance in the form
of drawings, inscriptions, figures or marks on public and private
buildings, structures and places without the prior consent of the
owner of the premises or the agent of the owner of the premises.
GRAFFITI ABATEMENT PROCEDURE
A procedure which identifies graffiti, issues notice to the
landowner to abate the graffiti, provides remedies in the absence
of a response and provides for a penalty for lack of compliance.
B. It
shall be unlawful for any person to write, paint or draw any graffiti
upon any wall, rock, bridge, building, fence, gate, other structure,
tree or other real or personal property within the City limits, whether
publicly or privately owned.
C. When
appropriate and in addition to a fine and/or imprisonment, the courts
may require those who commit acts of defacement of public or private
property through the application of graffiti to restore the property
so defaced, damaged or destroyed. The public is encouraged to cooperate
in the elimination of graffiti by reporting to the Monett Police Department
all incidents of the application of graffiti that they observe.
D. Notice Of Removal And Hearing.
1. Whenever the Chief of Police, Building Inspector, Code Enforcement
Officer or his/her designees determine that graffiti exists on any
public or private buildings, structures or places which are visible
to any person using any public right-of-way in the City, be it road,
parkway, alley or otherwise, and the seasonal temperatures permit
the painting of exterior surfaces, the City may cause a notice to
be issued to abate such nuisance. The property owner shall have ten
(10) days after the date of issuance of the notice to remove or paint
over the graffiti or request in writing a hearing be held by the City
Administrator to determine if the graffiti constitutes a nuisance
or the graffiti will be subject to abatement by the City. If a hearing
is requested, it shall be held within thirty (30) days of the written
request. If the City Administrator determines, after hearing and issuance
of written findings and orders, that a nuisance does exist, the property
owner shall have ten (10) days from the date of the determination
to abate the public nuisance through the removal or painting over
of the graffiti.
2. The notice to abate graffiti issued pursuant to this Section will
be a written notice to be served upon the owner of the premises or
the agent of the owner of the affected premises, as such owner's name
or agent's name and address appears on the last property tax assessment
rolls of Barry and/or Lawrence County. If there is no known address
for the owner of the premises or the agent of the owner, the notice
shall be sent in care of the property address or posted as hereinafter
set forth. The notice required by this Section may be served in any
of the following manners:
a. By personal service on the owner, occupant or person in charge or
control of the property.
b. By registered or certified mail addressed to the owner at the owner's
last known address or the agent of the owner's last known address.
If both are unknown, the notice shall be sent to or posted on the
property address.
3. The notice shall be substantially in the following form:
NOTICE TO REMOVE GRAFFITI
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Date of notice: ________________
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NOTICE IS HEREBY GIVEN that you are required by law, at your
expense, to remove or paint over the graffiti located on the property
situated at ______________________, Monett, Missouri, which is visible
to public view, within ten (10) days after the date of this notice.
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You may request a hearing on this order before the City Administrator
within (10) days of the date of this notice. If the graffiti is not
removed or painted over or a hearing requested within ten (10) days
of the date of this notice or within ten (10) days of a determination
by the City Administrator subsequent to a hearing upon this notice,
the City will enter upon your property and abate the public nuisance
by removing or painting over the graffiti. The cost of the abatement
by the City will be assessed against this property and such costs,
if not paid by you within thirty (30) days of the abatement, will
constitute a lien upon the property until paid.
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4. Upon failure of the person(s) to comply with the notice by the designated
date or within ten (10) days after any hearing where a nuisance is
determined by the City Administrator, the City is authorized to cause
the graffiti to be abated by City employees or a private contractor
employed by the City. The City or its private contractor is expressly
authorized to enter upon the premises for such purposes. If the City
or its private contractor accomplish the removal of the graffiti,
they shall not authorize nor undertake to provide for the painting
or repair of any more extensive area than that where the graffiti
is located.
5. The City will provide the owner of the premises, or the agent of
the owner of the affected premises, notice in the manner set forth
above of the City's intent to assess the costs of abatement against
the property. Any and all costs incurred by the City in the abatement
of the graffiti under the provisions of this Section, which authorize
assessment of the cost, shall constitute a lien against the property
upon which such nuisance existed. Any such assessment shall be collected
in the same manner as is provided in the Code of Ordinances of the
City of Monett, Missouri, for all other taxes and/or assessments.
E. Penalty. Any person violating or failing to comply with any provision of this Section shall be deemed guilty of an ordinance violation and upon conviction thereof shall be punished as provided in Section
100.080 of this Code.
[R.O. 2012 §225.050; CC 1979 §19-5; Ord. No. A-1923 §5, 4-26-1962]
Any person violating or failing to comply with any provision of this Chapter shall be deemed guilty of an ordinance violation and, upon conviction thereof, shall be punished as provided in Section
100.080 of this Code.