The following are declared to be nuisances affecting health:
All decayed or unwholesome food offered for sale to the public or offered to the public at no charge.
All diseased animals running at large.
All ponds or pools of stagnant water.
Carcasses of dead animals not buried or destroyed within twenty-four (24) hours after death.
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.
Garbage cans which are not fly-tight, that is, garbage cans which do not prevent the entry of flies, insects and rodents.
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.
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.
Common drinking cups, roller towels, combs, brushes or eating utensils in public or semi-public places where not properly sanitized after use.
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 Woodson Terrace.
Any vehicle used for garbage or rubbish disposal which is not equipped with a water-tight 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.
Any and all infestations of flies, fleas, roaches, lice, ticks, rats, mice, fly maggots, mosquito larvae and hookworm larvae.
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.
Unlicensed dumps and licensed dumps not operated or maintained in compliance with the ordinances of the City of Woodson Terrace and the Statutes of the State of Missouri.
The discharge or causing to be discharged into a storm water 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.
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 Woodson Terrace.
All buildings or structures which injure or annoy the public.
All pavements, sidewalks, curbstones, awnings or awning posts out of repair.
All goods, boxes, barrels or other articles, commodities or materials on any sidewalk or in any gutter.
All scales on any street.
All tree limbs which hang over any street or sidewalk interfering with the public or telephone, telegraph or electric wires.
All signs which interfere in any manner with the passage of pedestrians upon any sidewalk.
All structures of any kind, including wooden awnings or porches, on, across or upon any sidewalk, street or gutter.
Storage of any material or goods other than motorized or unmotorized vehicles and solid waste containers on any carport.
Decayed, dying or dead trees or tree limbs so located that they may fall or cause to fall on any adjoining property, including public property.
[Ord. No. 1909 § 1, 4-21-2016]
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 Woodson Terrace or within one-half (½) mile of the corporate limits of the City of Woodson Terrace, 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.
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.
Abatement Of Nuisance — Abatement Officer. Whenever the Abatement Officer for the City shall ascertain or have knowledge that a nuisance exists on any premises in the City, the Abatement Officer shall provide for service to the owner of the property, and, if the property is not owner-occupied, to any occupant of the property a written notice specifically describing each condition of the lot or land declared to be a public nuisance, and which notice shall identify what actions will remedy the public nuisance. Unless the condition presents an immediate, specifically identified risk to the public health or safety, the notice shall provide a reasonable time, not less than ten (10) days, in which to abate or commence removal of each condition identified in the notice. Written notice shall be given by personal service or by first-class mail to both the occupant of the property at the property address and the owner at the last known address of the owner, if not the same. Upon a failure of the owner to pursue the removal or abatement of such nuisance without unnecessary delay, the Abatement Officer may cause the condition which constitutes the nuisance to be removed or abated. If the Abatement Officer causes such condition to be removed or abated, the costs of such removal or abatement and a proof of notice to the owner of the property shall be certified to the City Clerk or Finance Officer who shall cause the certified costs to be included in a special tax bill or added at the annual real estate tax bill. Collection of unrecovered costs or fines relating to the real property shall be collected in accordance with Section 67.451, RSMo.
[Ord. No. 1925 § 1, 8-18-2016]
Municipal Court May Order Abatement. If, upon a trial for the violation of this Article, the judge of the Municipal Court shall find that a violation exists and that the defendant has had proper notice as provided in this Section and that the defendant has failed to abate the nuisance, the judge of the Municipal Court shall, in addition to the penalty for violating this Section, make an order directing the Abatement Officer to abate such nuisance forthwith and immediately report the expenses thereof to the judge of the Municipal Court who shall, as a part of the costs of such prosecution, render judgment against the defendant for the amount of such expense which shall be collected as other fines and costs.
Entry On Private Property For Abating Nuisance. Police Officers and other employees of the City authorized by the Board of Aldermen or the Abatement Officer are hereby authorized and required to go in the daytime in and upon any house, building, lot or premise, whether public or private, for the purpose of removing or abating any nuisance when abatement of a nuisance is ordered under the provisions of Subsection (E) of this Section.
Inspection. The Abatement Officer shall hereby be authorized to enter and inspect all buildings and parts of buildings and other premises for the purpose of examining the sanitary condition thereof and for the discovery and abatement of nuisances therein.
Immediate Abatement. Whenever it becomes necessary to abate a nuisance immediately in order to secure the general health of the City or any of its inhabitants, the City is authorized to abate such nuisance without notice and may use any suitable means or assistance for that purpose, whether by employees of the City or day laborers especially employed for that purpose, or any other help or assistance necessary therefor. The Abatement Officer shall certify the cost of abating such nuisance to the Board and the Board may, by ordinance, levy the cost thereof as a special tax bill against the property on which such nuisance was located, which tax shall be collected like other special tax bills and shall be a first (1st) lien on the property until paid.
Notice And Public Hearing. In case the Municipal Judge shall determine that abatement of any alleged nuisance is not immediately necessary for the protection of the health of the inhabitants of the City, he/she may instead of entering a finding remand the matter to the Board of Aldermen and the City shall hold a public hearing before declaring the same to be a nuisance and ordering its abatement. Ten (10) days' notice of such hearing shall be given to the owner or occupant of the premises upon which such alleged nuisance exists or to his/her agent or to the person causing or maintaining such alleged nuisance, which notice shall state the time and place of such 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 City Board of Aldermen finds that a nuisance exists, it shall order the owner, occupant or agent of such property, or the person causing or maintaining such nuisance, to abate the same and if the same be not abated within the time prescribed by the City Board of Aldermen in such order, the matter may again be presented for prosecution before the Municipal Court and subject to the provisions of Subsections (E) and (N) of this Section.
Proportion Costs Of Abatement. If any nuisance abated by the City as provided in this Section extended, before the abatement over the property or 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 and the area and the special tax bills provided for in this Section shall be levied and collected accordingly.
Right Of Entry. Any person or contractor employed by or under contract with the City 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 and it shall be unlawful to interfere with any Police Officer, Abatement Officer or any officer, agent or employee of the City or with any representative of the City for the purpose of sanitary inspection or the discover or abatement of any nuisance.
Joint Liability. The owner of any premises, or his/her agent in charge thereof, as well as the tenant or occupants of such premises are hereby charged with the duty of observing all of the requirements and provisions of this Section with reference to nuisances and any or all of such persons, together with the person causing or contributing to cause any nuisance, may be charged with the violation thereof and shall be equally liable.
Reimburse City. Whenever the City incurs any costs and expenses in removing or abating any nuisance on any property, public or private, within the City limits, the person so creating, maintaining or refusing to abate such nuisance, if caused by him/her, shall reimburse the City for such costs and expenses and such costs and expenses shall be assessed as a part of the judgment.
Court Suit Authorized. Nothing in this Section shall be construed as abandoning or limiting the City's right to bring suit for all expenses attending the abatement of a nuisance, when performed by the City, in any court of competent jurisdiction in the name of the City against the person maintaining, keeping, creating or refusing to abate the nuisance so abated.
[Ord. No. 1483 §7, 5-13-1999]
The cost of abatement, including any removal and impoundment, shall be certified to the City Clerk and City Collector who shall cause the certified cost, including reasonable administrative costs and legal fees, to be included in a special tax bill or added to the annual real estate tax bill for the real property at the option of the City Collector, which tax bill shall be collected in the same manner and procedure for collecting real estate taxes. If the certified cost is not paid, the tax bill shall be considered delinquent, and its collection shall be governed by the law relating to collecting of delinquent taxes. The tax bill from date of its issuance shall be deemed a personal debt against the owner(s) of the real property, and a lien on the real property until paid and it shall bear the same rate of interest as all other delinquent taxes.
[Ord. No. 1483 §8, 5-13-1999; Ord. No. 1672 §1(B), 4-13-2006]
Notwithstanding the foregoing provisions, the City may enter into agreement with the owner of any derelict vehicle for the timely repair and correction of defects constituting the nuisance or removal of the vehicle without the formal procedures called for by this Chapter, provided however, that the Mayor approves such arrangement in writing and if repairs are to be made, issues a permit to make repairs to the vehicle behind the building line of the property within the time specified in such permit not to exceed thirty (30) days from the date thereof.
[Ord. No. 1483 §9, 5-13-1999]
The City hereby declares that maintenance of a public nuisance is harmful and adverse to the health, safety, welfare and well-being of the City and its residents and of the enjoyment of their homes and the maintenance of property values and good order. Any person, firm or entity violating any provision of this Chapter or maintaining any public nuisance shall upon conviction thereof be subject to a fine in accordance with Section 100.220 and each day any such offense continues shall be deemed a separate offense.
[Ord. No. 1483 §§10 — 11, 5-13-1999; Ord. No. 1750 §1(B), 10-16-2008]
Where abatement of a nuisance requires removal and impoundment of a derelict vehicle, the following provisions shall apply:
As soon as practicable the Director of Public Works shall make a good faith effort to identify and give notice by personal delivery or certified mail to all interested parties known to have an interest in such vehicle including lien holders, lessees and lessors who do not have actual knowledge of the removal and impoundment of the vehicle and who claim an ownership or possessory right to such vehicle.
Such notice shall contain:
A description of the vehicle.
The address of the property from which removed.
The address at which the vehicle is stored.
The vehicle may be redeemed by the person(s) then entitled to possession thereof by payment of all expenses incurred by the City, including removal, storage, administrative and legal expenses.
Unless such vehicle is so redeemed within forty-five (45) days of such notice at a date, time and place specified in the notice, the vehicle will be sold at auction to the highest bidder, provided that if such vehicle has a value of three hundred dollars ($300.00) or less, it shall be junked or disposed of for salvage and, further provided, that the Director of Public Works shall enter a bid on behalf of the City in the amount of the charges due the City if no bid equals or exceeds such amount.
Ownership of any vehicle so sold shall be transferred by means of a bill of sale signed and attested by the City Clerk. The bill of sale shall contain the make, model, identification number of the vehicle if known and the odometer reading, if any. Such bill of sale shall be lawful proof of ownership of such vehicle in accordance with law and Missouri Department of Revenue regulations.
[Ord. No. 1483 §14, 5-13-1999]
The following acts or conditions shall not constitute a nuisance within the meaning of this Chapter:
Storage of a derelict vehicle in a completely enclosed garage.
Storage of derelict or abandoned vehicles by the City pursuant to this or any other ordinance of the City.
Storage of motor vehicles by authorized registered motor vehicle dealers.
The keeping of any damaged vehicle for purposes of repair by any licensed automobile repair shop or dealer, provided such repairs are completed within thirty (30) days.
[Ord. No. 1483 §15, 5-13-1999]
This Article is non-exclusive and all other ordinances such as the building, property maintenance and other codes of the City which define and provide for abatement of nuisances shall continue in full force and effect, other than as hereinabove provided. The remedies and penalties herein provided shall be in addition to any other remedies for abatement of nuisances provided pursuant to any other ordinances of this City, or Missouri Statutes, or the common law.