City of Warson Woods, MO Nuisances

[R.O. 2012 §210.010; Ord. No. 1439 §1, 4-21-2009; Ord. No. 1474 §§1 — 2, 4-19-2011; Ord. No. 1494 §1, 4-18-2012]

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.

Privy vaults or garbage cans which are not fly-tight, that is, privy vaults or 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.

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 Warson Woods.

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 Warson Woods and the Statutes of the State of Missouri.

15.

Any and all discharges, either directly or indirectly, into a storm water system of 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.

Any loading and unloading of any commercial vehicle and associated activities ("loading Activity") within ninety-nine (99) feet of any residential structure or dwelling located within Warson Woods between the hours of 9:00 P.M. and 7:00 A.M. the following day, and more than one hundred (100) feet from any residential dwelling or structure located within Warson Woods between the hours of 9:00 P.M. and 6:30 A.M. the following day. For purposes of this Section, loading activity includes, but is not limited to: Leaving the vehicle's engine or refrigerator and heating unit(s) running during any loading activity; reversing a vehicle when such action causes a beeping or other audible alert indicating that the vehicle is reversing; moving, dragging, rolling, stacking, opening, destroying, crushing or breaking-down of bales, boxes, crates, pallets, containers, and similar objects; and parking or driving of such vehicle in a manner as to project its headlights towards or on any residence. Notwithstanding anything contained herein, failure to abide by the above restrictions prohibiting any commercial vehicle from leaving its engine or heating and refrigerator unit(s) running during such loading activity shall not be deemed a nuisance during extreme weather whereby turning off the vehicle's engine or refrigerator and heating unit(s) would cause damage either by making it difficult to re-start the vehicle or cause the goods being transported to perish.

17.

Failure to maintain a private stormwater management facility located on any lot or land resulting in conditions which impair its proper operation including, but not limited to, excessive sediment, extensive ponding of water, rubbish and trash, noxious weeds or invasive plants or nuisance plants exceeding twelve (12) inches in height, or any material which is unhealthy or impacts the proper operation of the private stormwater management facility. Except that native plants, turf grass, ornamental grasses or shrubs, including plants that are part of an approved, designed private stormwater facility or MSD approved guidance document will not constitute a nuisance defined herein.

For purposes of this Section:

(1)

"Stormwater" means rainfall runoff, snow melt runoff, and surface runoff and drainage.

(2)

"Stormwater management facility" means structure and constructed feature designed for the collection, conveyance, storage, treatment and disposal of stormwater runoff into and through the stormwater system. Stormwater management facilities include vegetative or structural measures, or both, to control the increased volume, rate, and quality of stormwater runoff caused by man-made changes to land.

18.

Perforated, punctured, ruptured, broken, cracked or leaking sanitary sewer lateral lines.

[Ord. No. 1578 § 1, 10-18-2016[1]]

[1]

Editor's Note: Pursuant to this ordinance, former Subsection (A)(18) was renumbered as Subsection (A)(20).

19.

Concrete, mud, mulch, dirt, sand, wood, brick, stones, rocks, debris, construction material or other loose material deposited in or upon the street or sidewalk for use on a lot and allowed to remain in or upon a City street or sidewalk after working hours or weekends.

[Ord. No. 1578 § 1, 10-18-2016]

20.

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 Warson Woods.

Unlawful To Cause, Maintain Within One-Half Mile Of City. 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 Warson Woods, or within one-half (½) mile of the corporate limits of the City of Warson Woods, 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 Mayor or his/her designate shall have the authority to order the Chief of Police or Health Officer or other City Official to immediately abate the nuisance in an appropriate manner.

Abatement — Procedure Generally.

[Ord. No. 1573 § 3, 8-23-2016]

Notice. If the City Clerk has reason to believe that a nuisance is being maintained within the City, the City Clerk or designee shall notify the person causing, maintaining or permitting the same to remove, terminate or abate such nuisance within a reasonable time not less than ten (10) days as determined by the City Clerk after consideration of the nature of the nuisance and the actions necessary to remedy the situation. Such notice shall also state that upon failure to abate the condition causing the nuisance within the prescribed time period, the City shall hold a hearing where all parties may be heard and present evidence as to whether the condition constitutes a nuisance and should be removed. Such notices shall be given by first class United States mail, in person or by posting a copy thereof on the property involved. Where the property is not owner-occupied, service of the notice shall be to the owner of the property and to any occupant of the property. The notice shall specifically describe each condition of the lot or land declared to be a public nuisance and identify what action will remedy the public nuisance. The notice shall include a date, time, and place of the scheduled hearing no sooner than ten (10) days after such notice and include a statement that the hearing shall be deemed automatically canceled if the property owner abates the conditions described in the notice within the time specified in such notice.

Hearing. Should the person or persons so notified fail to remove, terminate or abate such nuisance within the time specified, the scheduled hearing shall take place. The hearing shall be before the Mayor, be under oath, which shall be administered by the Mayor, recorded, and all such parties shall have an opportunity to be heard and present evidence as to whether the condition maintained on the property constitutes a nuisance and whether the procedures of this Article were substantially complied with. After hearing all evidence, if the Mayor finds a nuisance is being maintained in violation of this Article, he/she may order the nuisance abated within a reasonable time. The order shall be in writing specifying the grounds for the order and the time by which the nuisance must be abated and either provided at the hearing or shall be served to the affected persons in accordance with Section 210.010(D)(1). The notice shall also inform the recipients that the failure to comply with the order shall mean that the City will abate the nuisance with costs to the owner and/or occupant.

Abatement/Special Tax Bill. Upon failure of the person to comply with the Mayor's order, the City may cause the same to be promptly removed, terminated or abated and thereafter certify the cost of such corrective action, along with proof of notice to the owner of the property, to the City Clerk, who shall cause a special tax bill to be issued in that amount against the property from which the nuisance was removed, terminated or abated, the same to be collected with other taxes assessed against the property. No mere clerical error or informality in such lien or in the proceedings leading to its issuance shall be a defense thereto. The certified costs associated with the removal, termination or abatement of such nuisance shall include all expenses incurred by the City in the removal of the nuisance, including, but not limited to, the actual cost of inspecting the land or lot, the actual cost of service of notice as provided herein, the actual cost of abatement, reasonable attorneys' fees, and the actual cost of issuing and recording the tax bill. Such tax bill shall bear interest at the rate of six percent (6%) per annum if not paid within thirty (30) days after issuance. If the certified cost is not paid, the tax bill shall be considered delinquent, and the collection of the delinquent bill shall be governed by the laws governing delinquent and back taxes. The tax bill from the date of its issuance shall be deemed a personal debt against the owner and shall also be a first lien on the property from the date the tax bill is delinquent until paid and shall be prima facie evidence of the recitals thereof and of its validity.

Other Remedies. Nothing in this Section shall limit the right of the City or the Mayor to seek any other remedy allowed by law in addition to or in lieu of the remedy specified herein.

In addition to abatement, any person violating this Section may also be subject to the general penalty, Section 100.220 of this Code.

[R.O. 2012 §210.040; Ord. No. 1244 §§1 — 5, 6-19-2001; Ord. No. 1386 §1, 2-20-2007]

Failure To Remove Weeds, High Grass, Yard Waste And Rubbish. Any person owning or occupying any lot or tract of land in the City shall cut and remove promptly from such lot or tract of land any weeds, grass and brush exceeding twelve (12) inches in height. Any person owning or occupying any lot or tract of land in the City shall remove promptly any tree limbs, fallen trees, accumulation of fallen leaves, dead shrubbery and other kinds of yard waste, rubbish, refuse and trash from such lot or tract of land. In no circumstance shall any person owning or occupying any lot or tract of land in the City cause or allow such tree limbs, fallen trees, accumulation of fallen leaves, dead shrubbery and other kinds of yard waste, rubbish, refuse and trash from such lot or tract of land to be placed in or upon any abutting street or roadway.

Public Nuisance. Failure to comply with Subsection (A) of this Section 210.020 shall be deemed a public nuisance.

Liability. In case any lot or tract of land in the City is owned in joint tenancy, tenancy by the entirety or tenancy in common, or is rented or leased, each owner, tenant or landlord shall be liable for any public nuisance as defined in this Section 210.020.

Notice. The Chief of Police shall give a hearing after four (4) 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 conditions of the premises to be a public nuisance and order the same to be abated within five (5) days.

Disposition. In case the nuisance is not abated within the five (5) days, the Chief of Police shall have the nuisance abated and shall certify the costs of same to the City Clerk.

If weeds are allowed to grow, or if trash is allowed to accumulate, on the same property in violation of this Section more than once during the same growing season in the case of weeds, or more than once during a calendar year in the case of trash, the marshal or other designated official may, without further notification, have the weeds or trash removed and the cost of the same shall be billed in the manner described in this Section. This Subsection does not apply to lands owned by a public utility and lands, rights-of-way, and easements appurtenant or incidental to lands controlled by any railroad.

If the owner of such property fails to begin removing the nuisance within the time allowed, or upon failure to pursue the removal of such nuisance without unnecessary delay, the Code Enforcement Official shall cause the condition which constitutes the nuisance to be removed. If the Code Enforcement Official causes such condition to be removed or abated, the cost of such removal shall be certified to the City Clerk and/or Finance Officer who shall cause the certified cost to be included in a special tax bill or added to the annual real estate tax bill, at the collecting official's option, for the property and the certified cost shall be collected by the City Collector or other official collecting taxes 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 the collection of the delinquent bill shall be governed by the laws governing delinquent and back taxes. The tax bill from the date of its issuance shall be deemed a personal debt against the owner and shall also be a lien on the property until paid.