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 Woodson Terrace.
11.
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.
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 Woodson Terrace and
the Statutes of the State of Missouri.
15.
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.
16.
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.
17.
All buildings or structures which injure or annoy the public.
18.
All pavements, sidewalks, curbstones, awnings or awning posts out
of repair.
19.
All goods, boxes, barrels or other articles, commodities or materials
on any sidewalk or in any gutter.
20.
All scales on any street.
21.
All tree limbs which hang over any street or sidewalk interfering
with the public or telephone, telegraph or electric wires.
22.
All signs which interfere in any manner with the passage of pedestrians
upon any sidewalk.
23.
All structures of any kind, including wooden awnings or porches,
on, across or upon any sidewalk, street or gutter.
24.
Storage of any material or goods other than motorized or unmotorized
vehicles and solid waste containers on any carport.
25.
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]
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 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.
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 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]
E.
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.
F.
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.
G.
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.
H.
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.
I.
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.
J.
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.
K.
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.
L.
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.
M.
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.
N.
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]
A.
Where
abatement of a nuisance requires removal and impoundment of a derelict
vehicle, the following provisions shall apply:
1.
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.
2.
Such notice shall contain:
a.
A description of the vehicle.
b.
The address of the property from which removed.
c.
The address at which the vehicle is stored.
d.
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.
e.
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.
B.
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. 2012, 3-17-2022; Ord.
No. 2030, 2-16-2023]
A.
TARP
PROTECTIVE COVER
For
the purposes of this Section, the following terms shall have the following
meanings:
A general-purpose cover not specifically designed or fitted
to cover a motor vehicle, auto or motorcycle.
A specific purpose cover designed and fitted to cover a motor
vehicle, auto or motorcycle.
B.
No
person shall park a motor vehicle, auto or motorcycle with a protective
cover or tarp on any street within the City.
C.
No
person shall park a motor vehicle, auto or motorcycle in a driveway
or carport with a protective cover or tarp without displaying a current,
valid license plate.
D.
No
motor vehicle, auto or motorcycle, required to be licensed under the
Missouri Statutes, which cannot be operated for any reason, whether
because it cannot be driven under its own power or lacks valid current
license plates, and whether covered or not, may be parked on a street
or on private property other than in a completely enclosed garage.
E.
Any
person using a protective cover or tarp as authorized under this Section,
shall first complete a registration form with the City, providing
the make, model and license plate number for any vehicle, auto or
motorcycle that is to be covered by the protective cover or tarp.
Only a fitted tarp or protective cover that fits tightly over the
vehicle, auto or motorcycle shall be permitted under the provisions
of this Subsection. A tarp or protective cover that is considered
"fitted" within the meaning of this Subsection if it is sufficiently
secured over the vehicle, auto or motorcycle to ensure that natural
weather elements do not cause any portion of the vehicle, auto or
motorcycle to become exposed.
F.
Any
person violating the foregoing provisions shall, upon conviction thereof,
be subject to the penalties provided for violation of City ordinances.
[Ord. No. 1483 §14, 5-13-1999]
A.
The
following acts or conditions shall not constitute a nuisance within
the meaning of this Chapter:
1.
Storage of a derelict vehicle in a completely enclosed garage.
2.
Storage of derelict or abandoned vehicles by the City pursuant to
this or any other ordinance of the City.
3.
Storage of motor vehicles by authorized registered motor vehicle
dealers.
4.
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.
