[CC 1984 §§14.050, 14.130; Ord.
No. 267, 7-17-1984; Ord. No. 427A §§c, d, 10-5-1998; Ord. No. 1050, 12-2-2008; Ord. No. 1057, 1-6-2009]
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 Weatherby
Lake.
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 Weatherby Lake 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.
It
is hereby declared to be a nuisance for any person to corrupt or render
unwholesome or impure the water of any spring, river, stream, pond
or Weatherby Lake itself.
17.
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 Weatherby
Lake.
18.
Abandoned, wrecked, inoperable or unlicensed vehicles.
a.
All
abandoned, wrecked, inoperable or unlicensed motor vehicles as defined
by this Section are hereby declared to be a nuisance.
b.
For
the purposes of this Chapter, the following definitions shall apply:
- ABANDONED MOTOR VEHICLE
- Any motor vehicle or motorcycle which is left at a place for such time and under such circumstances as to cause such motor vehicle or motorcycle reasonably to appear to have been abandoned.
- INOPERABLE MOTOR VEHICLE
- Any motor vehicle or motorcycle which for a period of at least the last thirty (30) days, the engine, wheels or other parts have been altered, damaged or otherwise segregated and the vehicle is incapable of being driven under its own motor power, except that the term shall not apply to include a motor vehicle or motorcycle which has been rendered temporarily incapable of being driven under its own power in order to perform ordinary services or repair operations, nor any motor vehicles or motorcycles that are kept within a building when not in use and historic vehicles over twenty-five (25) years of age or any vehicle inside an enclosed building.
- MOTOR VEHICLE
- Any self-propelled vehicle not operated exclusively upon tracks, except farm tractors and motorized bicycles.
- MOTORCYCLE
- Every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three (3) wheels in contact with the ground, but excluding a tractor.
- MOTORIZED BICYCLE
- Any two-wheeled or three-wheeled device having an automatic transmission and a motor with a cylinder capacity of not more than fifty (50) cubic centimeters which produces less than three (3) gross brake horsepower and is capable of propelling the device at a maximum speed of not more than thirty (30) miles per hour on level ground.
- UNLICENSED MOTOR VEHICLE
- Any motor vehicle or motorcycle not displaying a current and validly issued license plate from the State of Missouri, provided that it shall not be a violation for individuals who are residents of States other than Missouri to park vehicles in the City of Weatherby Lake so long as said vehicles are validly licensed in the State where the owner resides.
- WRECKED MOTOR VEHICLE
- A motor vehicle or motorcycle that is so damaged that it is incapable of being operated.
19.
Exterior real estate lighting. Exterior lighting in the
City shall be arranaged, constructed and/or installed in such a manner
that the beam of light from each light source shall be directed away
from neighboring properties and confined to the area of the subject
property on which the exterior light source is located. It is declared
a nuisance to arrange, maintain or install one (1) or more light sources
on real estate in the City in such a manner that the beam of light
from the light source is directed onto neighboring properties.
B.
Storage Of Personalty. Unsheltered storage of old, unused,
stripped, junked machinery, implements and/or equipment and personal
property of any kind which is no longer safely usable for the purpose
for which it is manufactured for a period of thirty (30) days or more
(except in licensed junk yards) within the corporate limits of the
City is hereby declared to be a nuisance and dangerous to the public
safety and prohibited. This shall include, but is not limited to,
the keeping or the depositing on or the scattering over the premises
of any of the following:
1.
Lumber,
junk, trash or debris;
2.
Abandoned,
discarded or unused objects or equipment such as freezers, cans or
containers;
3.
The
outside storage of new and used waste tires;
4.
Allowing
a motor vehicle to be parked on any part of a residential lot except
that portion which is constructed and surfaced for parking or driveway
purposes unless it is screened from the street.
C.
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 Weatherby Lake or within one-half (½) mile of the corporate
limits of the City of Weatherby Lake, 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.
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.
E.
Abatement — Procedure Generally. Whenever the Board
of Alderpersons 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 Zoning Enforcement 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 Alderpersons may determine that
a nuisance exists, it may direct the Zoning Enforcement 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.
[CC 1984 §14.190; Ord. No. 267, 7-17-1984]
The assessment of any special effects for the abating of a nuisance
or the bringing of any suit for the cost of abating the nuisance shall
in no way excuse or render immune from prosecution or fine any person
found guilty of creating or maintaining a nuisance.
[CC 1984 §14.060; Ord. No. 267, 7-17-1984; Ord. No.
1049, 12-2-2008]
A.
Failure To Keep Weeds, High Grass And Other Vegetation Cut And Removed,
A Nuisance. All persons owning or occupying any lot or tract
of land in the City shall keep the weeds, high grass and other vegetation
growing on such property cut and removed. Whenever such weeds, high
grass or other vegetation shall attain the height of eight (8) inches,
it shall be deemed a public nuisance. The word "weeds", as used herein, shall be held to include all vegetable growths except
cultivated plants, trees and shrubs.
C.
Liability. Whenever weeds, high grass or other vegetation in violation of Subsection (A) of this Section are allowed to grow on any part of any lot or ground within the City, the owner of the ground or, in case of joint tenancy, tenancy by entireties or tenancy in common, each owner thereof shall be liable.
D.
Daily Violation. Each day that a nuisance shall be maintained
is a separate offense.
E.
Abatement Procedure. In addition to the ordinance violation punishable as set forth in Section 100.230 of this Code, the City may also abate the nuisance by the following procedure:
1.
Notice. The Chief of Police 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 Chief of Police may declare
the weeds, high grass or other vegetation to be a nuisance and order
the same to be abated within five (5) days.
2.
Disposition. In case the weeds, high grass or other vegetation
are not cut down and removed within the five (5) days, the Chief of
Police shall have the weeds, high grass or other vegetation cut down
and removed and shall certify the costs of same to the City Clerk.
3.
Tax Bill. The City Clerk 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 (1st)
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 June of each year. Such tax bills
if not paid when due shall bear interest at the rate of eight percent
(8%) per annum.
