[CC 1984 §12.110(d,f,g,i,j,k,m,n,o,q,r); Ord. No. 648 §1, 1-8-1996; Ord. No. 828B §1, 6-14-2005; Ord. No. 907 §1, 11-12-2007]
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 New Haven.
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 New Haven 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. The keeping of animals of any kind, domestic or wild, upon any public
or private place or premises in such a manner or condition that same
constitutes a hurt, injury, annoyance or danger to the public or the
residents in the vicinity.
17. The burning of garbage, refuse, waste, leaves, straw and other combustible
materials is hereby prohibited, except as may be authorized by law,
provided however, that the authorized burning of such materials in
any manner so as to produce smoke, gases or odors offensive or obnoxious
to any of the inhabitants of the City of New Haven on public or private
property is hereby declared a nuisance.
18. Ash pits or rubbish containers which are not emptied and contents
removed from the premises when level is full.
19. The maintenance, upon public or private property, of dead or dying
trees or tree limbs or branches, which by reason of their location,
size or state of deterioration constitute a danger to the public health,
safety or welfare or the maintenance upon public or private property
of trees which are infected with Dutch Elm or other contagious disease
or blight, dangerous to persons, animals or other trees or plant life.
20. Allowing trailers, junkers, wrecks or dilapidated or abandoned automobiles,
i.e., owner cannot be determined whether the same are operable or
not, to remain on any street, alley, roadway, public driveway or public
parking lot for a period of time in excess of twenty-four (24) hours.
21. The maintenance of slaughterhouses, soap factories and pig pens.
22. The maintenance of any building, residence, shed or other construction
in a condition of disrepair; or whenever any such building constructions
are permitted to remain partially constructed and not completed for
occupancy for a period of more than one (1) year, computed from date
such building construction was begun, so that such building, residence,
shed or other construction shall be unsafe and a menace and hazard
to the occupants of or to the inhabitants of the City of New Haven.
23. The maintenance or allowance of weeds and vegetables which exhale
unpleasant and obnoxious odors and high vegetable growth that may
conceal filthy deposits upon any lot or parcel of ground in the City
of New Haven,
24. The maintenance or allowance of any collection of standing or flowing
water in which mosquitos breed or are likely to breed, unless such
collection of water is treated so as effectively to prevent such breeding.
The natural presence of mosquito larvae in standing or running water
shall be evidence that mosquitos are breeding therein.
25. To operate a radio, phonograph, loudspeaker, sound amplifier or other
device at any time in a "R1-A", "R1-B", "R-2" or "R-3" zoned area
with volume louder than necessary for convenient hearing of persons
in the room, vehicle, chamber or outside of any enclosed structure
where used. Audibility at a distance of more than one hundred fifty
(150) feet from such device shall be prima facie evidence of a violation
of this Section.
26. 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
New Haven.
27. The accumulation upon any premises, lot or parcel of ground, or the
forced and directed discharge thereof, onto public or private property,
of stagnant or foul waste, water, stormwater or liquid of any kind.
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 New Haven or within one-half (½) mile of the corporate limits
of the City of New Haven, 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 within twenty (20) 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.
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.
7. An administration fee of no less than one hundred dollars ($100.00)
shall be charged to the property owner for each instance that the
City has to take action to abate nuisances. The fee is in addition
to any costs incurred.