[R.O. 1996 § 245.060; CC 1968 § 10-18; Ord. No. 512 § 1, 11-2-1970]
A.
Every act or thing done, made, permitted,
allowed, or continued on any property, public or private, by any person,
firm, or corporation, their agents and servants, to the damage or
injury of any of the inhabitants of this City, whether or not particularly
specified herein shall be deemed a nuisance.
B.
No person shall permit, cause, keep, maintain,
or do any nuisance as defined by this Article, any other ordinance
of the City, or the laws of the State of Missouri, or cause to be
committed, caused, kept, maintained, or done any such nuisance within
the City or within one-half (1/2) mile of the corporate limits thereof.
C.
No owner, occupant, or person in charge
of any house, building, lot, or premises shall cause or allow any
nuisance to be or remain in or upon any such building, house, lot,
or premises.
[R.O. 1996 § 245.070; CC 1968 § 10-19; Ord. No. 512 § 1, 11-2-1970]
It shall be the duty of the Codes
Administrator or their designee with the aid and assistance of the
Chief of Police, to enforce the provisions of this Article. It shall
be the duty of the Chief of Police to serve all notices issued by
the Codes Administrator or their designee as provided for herein and
to execute all orders of the Codes Administrator or their designee
directed to them under the provisions of this Article, and to perform
such other duties to aid the Codes Administrator or their designee
as may be required for the adequate enforcement of the provisions
of this Article.
[R.O. 1996 § 245.080; CC 1968 § 10-20; Ord. No. 512 § 1, 11-2-1970]
The Codes Administrator or their
designee and the Chief of Police, and any officer, agent, or employee
designated by either of them, are hereby authorized to enter and inspect
all buildings and parts of buildings and other premises, in the daytime,
for the purpose of examining the sanitary condition and for the discovery
and abatement of nuisances therein. If on such inspection any nuisance
or unsanitary condition be found, the same shall be forthwith reported
to the Codes Administrator or their designee, who shall direct and
order the owner or occupant of the premises forthwith to remove or
abate the same.
[R.O. 1996 § 245.090; CC 1968 § 10-21; Ord. No. 512 § 1, 11-2-1970]
It shall be the duty of the owner
or occupant of the premises, or their agent, or the person causing
or maintaining such nuisance, to abate the same after an order by
the Codes Administrator or their designee in accordance with the terms
prescribed in said order; and any failure to do so shall constitute
a violation of this Article and subject such persons to the penalties
herein prescribed. It shall be unlawful to interfere with a Police
Officer or any other officer, agent, or employee of the City, or with
any representative of the Codes Administrator or their designee, while
engaged in a sanitary inspection for the discovery of any nuisance
or in the abatement thereof.
[R.O. 1996 § 245.100; CC 1968 § 10-22; Ord. No. 512 § 1, 11-2-1970]
The owner of any premises, their
agent in charge thereof, and the tenant or occupant of such premises
is hereby charged with the duty of observing all of the requirements
and provisions of this Article with reference to nuisances; and any
or all of said persons and any person or persons causing or contributing
to causing or bringing about any nuisance may be charged with the
violation hereof, and shall be equally liable.
[R.O. 1996 § 245.110; CC 1968 § 10-23; Ord. No. 512 § 1, 11-2-1970; Ord. No. 4517 § 1, 11-3-2014]
In case the abatement of any nuisance
is not immediately necessary for the protection of the health or safety
of the inhabitants of the City, the Codes Administrator or their designee
shall hold a public hearing before declaring the same to be a nuisance
and ordering its abatement. Ten (10) days' notice of said hearing
shall be given to the owner or occupant of the premises upon which
said alleged nuisance exists, or to their agent, or to the person
causing or maintaining such alleged nuisance. Such notice shall state
the time and place of said hearing. In the event that the whereabouts
of the owner or occupant of the premises where such alleged nuisance
exists, or of their agent, or of the person causing or maintaining
such alleged nuisance is unknown and notice cannot be served upon
them, then such notice shall be posted on the premises where said
alleged nuisance exists for at least ten (10) days before said hearing.
All interested parties may appear at such hearing, either in person
or by attorney, and present evidence concerning the matters at issue.
If, upon such hearing, the Codes Administrator or their designee finds
that a nuisance exists, they shall order the owner or occupant of
said property, or their agent, or the person causing or maintaining
said nuisance to abate the same; and if the same be not abated within
the time prescribed by the Codes Administrator or their designee in
said order or any extension thereof, the Codes Administrator or their
designee shall abate the same or cause the same to be abated and shall
certify the cost of abating said nuisance to the City Council. Thereupon,
the City Council may, by ordinance, levy the cost of abatement as
a special tax against the property on which said nuisance was located
and may authorize the issuance of special tax bills therefor. Said
tax shall be collected like other taxes and shall be a lien on the
property until paid.
[R.O. 1996 § 245.120; CC 1968 § 10-24; Ord. No. 512 § 1, 11-2-1970]
Whenever the Codes Administrator
or their designee in their discretion deems it necessary to immediately
abate a nuisance as defined by ordinance, by common law, or by the
Statutes of the State of Missouri, in order to secure the general
health or safety of the City or of any of its inhabitants, the Codes
Administrator or their designee is authorized to abate such nuisance
without notice; and they may use any suitable means or assistance
for the purpose, whether regular personnel of the City or laborers
especially employed for that purpose, or any other help or assistance
necessary therefor. The Codes Administrator or their designee shall
certify the cost of abating said nuisance to the City Council, and
the City Council may by ordinance levy the cost thereof as a special
tax against the property on which said nuisance was located, and may
authorize the issuance of special tax bills therefor. Said tax shall
be collected like other taxes, and shall be a lien on the property
until paid.
[R.O. 1996 § 245.130; CC 1968 § 10-25; Ord. No. 512 § 1, 11-2-1970]
Nothing in the preceding Sections
shall be construed as abandoning or limiting the City's right by civil
action in the Municipal Court or in any court of competent jurisdiction
to secure the abatement of, and to recover the expense incurred in
abating, any nuisance.
[R.O. 1996 § 245.140; CC 1968 § 10-26; Ord. No. 512 § 1, 11-2-1970]
If any nuisance abated by the Codes
Administrator or their designee as hereinbefore provided extended
before the abatement over the property of more than one (1) owner,
the cost of abating the same shall be assessed in proportion to the
amount of work and expense for each proportionate part of the entire
work in the area, and the special tax bills hereinbefore provided
for shall be levied and collected accordingly; but, in determining
who is the owner of any particular lot, plot, or parcel of land as
for instance in joint tenancy or in common, shall be deemed a single
owner in order to preserve to the City its lien against the particular
lot, plot, or parcel of land under the special tax bill levied against
the same as, aforesaid.
[R.O. 1996 § 245.150; CC 1968 § 10-27; Ord. No. 512 § 1, 11-2-1970]
A.
Any officer or employee lawfully engaged
in the abatement of a nuisance, and any contractor employed or contracted
with for the abatement of a nuisance, and any agent or employee of
such contractor shall have the right of entry for that purpose into
and upon any premises.
B.
Any person who shall refuse, hinder, delay,
or interfere with the entry of any officer, agent, or employee of
the City, or any such contractor or contractor's employee, in their
duties of inspection, discovery, or abatement of any nuisance, shall
be deemed guilty of a separate offense hereunder, and shall be subject
to a fine of not less than one dollar ($1.00) nor more than one hundred
dollars ($100.00), or to imprisonment in the City Jail not exceeding
a period of three (3) months, or to both such fine and imprisonment.
[R.O. 1996 § 245.160; CC 1968 § 10-28; Ord. No. 512 § 1, 11-2-1970; Ord. No. 2186 § 1, 3-2-1992; Ord. No. 3020 § 1, 10-20-1997; Ord. No. 3858 §§ 1 — 2, 1-18-2005]
A.
The
following are hereby defined, deemed and declared to be "nuisances"
for the purpose of this Chapter, in addition to other nuisances specifically
defined herein or by the laws of the State of Missouri or other ordinances
of this City:
1.
All substances which emit or cause
any foul, noxious, unhealthful, or disagreeable odor or effluvia in
the neighborhood where they exist.
2.
All carcasses of animals remaining
exposed twelve (12) hours after death.
3.
All green or salted hides left or
deposited in any open place.
4.
All slaughter houses or animal pens
or enclosures inside of the City or within one-half (1/2) mile of
the City limits which are kept in such a condition as to be offensive,
annoying, or disagreeable to anyone.
5.
Establishments emitting or causing
an offensive, disagreeable, noxious, or toxic dust, vapor, fume, mist,
or odor.
6.
All slop, foul or dirty water or
other liquid, or beer washings, all filth, refuse, or offal discharged
through drains or spouts or otherwise thrown or deposited in or upon
any street, sidewalk, lot, park, public square, public enclosure,
pond, or pool of water.
7.
All vegetables or other articles
that emit or cause an offensive, noxious, or disagreeable smell or
odor.
8.
All articles or things whatsoever
caused, kept, maintained, or permitted by any person, to the injury,
inconvenience, or annoyance of the public.
9.
All pursuits followed or engaged
in, or acts done by, any person to the injury, annoyance, or inconvenience
of the public.
10.
All hanging signs, ropes, network,
or other advertising devices stretched over or across any street or
sidewalk.
11.
All ashes, cinders, slops, filth,
excrement, sawdust, stones, rocks, dirt, straw, dead grass, grass
clippings, dead limbs, leaves, brush, logs, weeds, foliage, shrub
cuttings, clippings, soot, sticks, shavings, egg shells, oyster shells,
cans, dust, brush, logs, paper, trash, rubbish, manure, refuse, offal,
waste water, chamber lye, fish, putrid meat, entrails, decayed fruits
or vegetables, broken wares, rags, iron or other metal, old wearing
apparel, animal or vegetable matter, all dead animals or any other
offensive or disagreeable substance or thing thrown, left, deposited
or caused to be left, thrown or deposited by anyone in or upon any
street, sidewalk, park, public place, public enclosure, lot, vacant
or occupied, ditch, pond, pool of water, vehicle, motor vehicle or
trailer, except that any grass, dead limbs, leaves, brush, logs, weeds,
foliage, shrub cuttings, clippings or any other kind of yard wastes
may be placed in and be made a part of a compost pile located on a
lot or tract used for single- or two-family residential purposes if
they do not emit or cause any foul, noxious, unhealthful or disagreeable
odor detectable across any property line.
12.
All partially dismantled, non-operating,
wrecked, junked or discarded vehicles, motor vehicles and trailers
allowed to remain on property other than City property within the
City for a continuous period of longer than thirty (30) days, except
that this Section shall not apply with regard to a vehicle in an enclosed
building, or a vehicle on the premises of a business enterprise operated
in a lawful place and manner, when necessary to the lawful operation
of such business enterprise, or a vehicle in an appropriate storage
place or depository maintained in a lawful place and manner by the
City.
13.
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
the above enumerated vehicles may be operated in such quantities as
to interfere with reasonable enjoyment of any property in the neighborhood.
14.
The outside storage of new, used and/or waste tires: except that this Subsection shall not prohibit the outside storage of fifty (50) or fewer new, used and/or waste tires that are screened by a permanent masonry or frame enclosure so that they are not visible from off the premises and they are covered to prevent the accumulation of water within the tires. New and used tires may be displayed outside for sales purposes during the regular hours of operation at a retail tire dealer, provided that they are stored in an enclosed building or screened as described above when the retail tire dealer is not open for business. Nothing in this Subsection shall preclude the operation, pursuant to Section 405.050(A)(17), of a solid waste collection/processing facility so long as it is located and operated in compliance with all applicable City ordinances.
15.
Collection Or Use Of Putrid Fat, Etc. No soap boiler, butcher,
tallow chandler, or meat packer shall keep, collect, or use, or cause
or allow to be kept, collected, or used, any stale, putrid, or unsound
fat meat, entrails, or other matter, or render or fry out the same,
unless done in such manner that no offensive, disagreeable, or noxious
smell or odor shall arise therefrom.
[R.O. 1996 § 245.180; CC 1968 § 10-30; Ord. No. 512 § 1, 11-2-1970]
16.
Decayed Meat And Vegetables, Refuse, Etc., On Private Premises.
No person shall suffer or allow any putrid or unwholesome meats or
fish, decayed fruits or vegetables, refuse, offal, excrement, chamber
lye, or other filthy or offensive substance or thing to be or remain
in or upon any house, building, lot, or premises owned or occupied
by them or under their charge or control.
[R.O. 1996 § 245.190; CC 1968 § 10-31; Ord. No. 512 § 1, 11-2-1970]
17.
Foul Liquids Or Substances From Distilleries, Tanneries, Stables,
Etc. No distiller, tanner, butcher, soap boiler, tallow chandler,
meat packer, dyer, or keeper of any livery, feed or sale stable, keeper
of any meat shop, or servant or employee of any such person, shall
discharge out of or from any still house, tannery, brewery, manufactory,
shop, packing house, barn, stable, meat shop, or other place of business
any foul, disagreeable, or nauseous liquids or substances of any kind
whatsoever, to any pond, pool, stream, or adjoining ground, or onto
or upon any street, sidewalk, park, public square, or other public
place.
[R.O. 1996 § 245.200; CC 1968 § 10-32; Ord. No. 512 § 1, 11-2-1970]
18.
Stables, Etc. No person shall keep any stable, stall, shed,
or compartment, or any yard or appurtenance thereof, in which any
horse, cattle, swine, or any other animal shall be kept, or any place
within the limits of the City in which manure or liquid discharges
of such animals shall collect or accumulate, and on which a stable,
stall, pen, shed, or compartment, or any yard or appurtenance thereof,
if kept in such a condition as to cause or generate the emission of
any foul, noxious, unhealthful, or disagreeable odor in the neighborhood
where it exists.
[R.O. 1996 § 245.210; CC 1968 § 10-33; Ord. No. 512 § 1, 11-2-1970]
19.
Stagnant And Offensive Water. No person shall cause or permit
any unwholesome, impure, stagnant, or offensive water to accumulate
and remain, continue, or stagnate upon, in, or about any lot, tract,
or piece of ground within the City, or to cause or permit any barrels,
buckets, kegs, tubs, cans, or vessels of any kind whatsoever to be
thrown, placed, or remain upon any lot, property or grounds in said
City that might, could, or would catch, hold, contain, or retain water
in which mosquitoes, insects, bugs, worms, or other living creatures
might be bred, hatched, raised, or allowed to remain or accumulate,
to the detriment of the health of the inhabitants of said City.
[R.O. 1996 § 245.220; CC 1968 § 10-34; Ord. No. 512 § 1, 11-2-1970]
20.
Wells And Cisterns — When Nuisances. No person shall permit
any open, uncovered, unprotected, or unsafe well or cistern or any
well or cistern containing water which a chemical analysis discloses
to be impure or unwholesome in nature, to exist or remain on any premises
within the City.
[R.O. 1996 § 245.230; CC 1968 § 10-35; Ord. No. 512 § 1, 11-2-1970]
21.
Outside Toilets — Connection With Sewer System. The maintenance
of any outside toilet, water closet, or privy within one hundred (100)
feet of the residence of another is hereby declared to be a nuisance.
Every toilet, water closet, or privy vault in any building or located
on any premises within the City shall be connected with the sanitary
sewer system of the City, provided there is a sanitary sewer adjoining
the premises whereon said toilet, water closet, or privy vault is
maintained or within a distance of fifty (50) feet of the boundary
line of said premises.
[R.O. 1996 § 245.240; CC 1968 § 10-36; Ord. No. 512 § 1, 11-2-1970]
22.
Street Gutters And Drainage Swales. It shall be unlawful for
any person, firm, or corporation in the City to suffer or permit a
gutter, gutters or drainage swales fronting or adjacent to any lot
or premises occupied or owned by them to become so clogged or stopped
up by an accumulation of filth, mud or any other material or obstruction
as to prevent the free passage of water along and through the gutter,
gutters or drainage swales. It shall be unlawful for any person, firm,
or corporation in the City to place asphalt or concrete in existing
street gutter or gutters.
[R.O. 1996 § 245.250; CC 1968 § 10-37; Ord. No. 512 § 1, 11-2-1970; Ord. No. 4457 § 1, 10-7-2013; Ord. No. 4559 § 1, 8-3-2015]
[R.O. 1996 § 245.170; CC 1968 § 10-29; Ord. No. 512 § 1, 11-2-1970]
A.
No business or enterprise the conduct of
which causes or produces any noise, vibrations, smoke, dirt, dust,
odors, or gases to such extent as to be detrimental or injurious to
the comfort, peace, or health of other persons shall hereafter be
located and conducted within one hundred fifty (150) feet of any building
used exclusively for residence purposes at the time of the location
of such business or enterprise; nor shall any building be erected
or constructed for the purpose of conducting any business or enterprise
therein at the place where the conduct of such business or enterprise
shall be unlawful under the terms of this Section.
B.
No permit shall be issued for the erection
of a building intended to be used for the purpose of conducting any
business or enterprise to be located at the place where the conduct
of such business or enterprise shall be unlawful under the terms of
this Section.
[R.O. 1996 § 245.260; CC 1968 § 10-37.2; Ord. No. 664 §§ 1 — 3, 3-5-1973]
A.
It is hereby deemed and declared to be
a nuisance to have or maintain off-street parking in any area in the
City of Blue Springs, Missouri, unless said area is permanently surfaced
with dust-free material.
[R.O. 1996 § 245.270; CC 1968 § 10-38; Ord. No. 512 § 1, 11-2-1970; Ord. No. 563 § 5, 10-4-1971; Ord. No. 4637 § 2, 12-19-2016]
Any person, firm, or corporation violating any of the provisions of this Article, upon conviction thereof, shall be subject to a fine of not less than twenty-five dollars ($25.00) nor more than the penalty set out in Section 100.080(C) of this Code, or to imprisonment not exceeding a period of ninety (90) days, or to both such fine and imprisonment, except that the court may not sentence a person to any confinement not exceeding a period of ninety (90) days unless it is a violation involving alcohol or controlled substances, or a violation endangering the health or welfare of others, or a violation involving eluding or giving false information to a law enforcement officer. For every day after conviction of any person for the violation of this Article, that such nuisance is continued, such person shall be deemed and taken to be guilty of a separate and distinct offense, for which they may be again arrested and tried, convicted, and punished as in the first instance.
