[Ord. No. 625 §700.135(b, c, e), 12-12-1995; Amd. Ord. No. 625 §§700.135.1, 700.135.3-700.135.5, 6-25-1996]
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.
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.
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 Granby.
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 Granby 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.
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 Granby.
17.
Certain offensive substances. Garbage, trash, ashes, cinders, filth, excrement, sawdust, tree limbs, brush, used lumber and other used building materials, stones, rock, dirt, straw, soot, sticks, shavings, cans, paper, rubbish, manure, refuse, offal, wastewater, chamber lye, fish, putrid meat, entrails, decayed fruit, vegetable or plant matter, all dead animals or any other offensive or disagreeable substance or condition which is thrown, left or deposited, or caused to be thrown, left or deposited, or allowed to exist or continue to exist, by any person, firm or entity in or upon any street, avenue, alley, sidewalk, parking or other public way, or in or upon public property, or public enclosure, or any lot, or any pool or pond of water.
18.
Tree limbs. Limbs of trees projecting over a sidewalk or street at a height of less than ten (10) feet.
19.
Causing disagreeable odors. Causing or allowing disagreeable or unpleasant odors which spread to the surrounding neighborhood.
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 Granby, or within one-half (½) mile of the corporate limits of the City of Granby, 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 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.
D.
Abatement — Procedure Generally. Whenever the Chief of Police or other City Official receives notification that a nuisance may exist, the Chief shall proceed as follows, except as may be otherwise provided herein:
[Ord. No. 790 §§1 — 2, 8-25-2015]
1.
It shall investigate the same. Upon investigation, the Chief of Police or other City Official shall give a hearing after ten (10) days' notice thereof either personally or by United States mail to any person who has caused or is maintaining the nuisance, or the owner of the property, or his/her or their agents, or by posting such notice on the premises.
2.
Notice. Such notice shall be signed by an 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 posted on the front door, or in a conspicuous place on the property.
3.
Hearing. After hearing all the evidence, the Chief may determine that a nuisance exists and may order the person to abate the nuisance within ten (10) days or within such other time as the Chief may deem reasonable. The order may further provide that the appropriate City Official be directed to abate the nuisance after the time allotted.
4.
Disposition. If the order has not been obeyed within the time period set by the Chief, the appropriate City Official shall proceed to abate the nuisance in the manner provided by the order and shall certify the costs of same to the City Clerk.
5.
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 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 day of June of each year. Such tax bills if not paid when due shall bear interest at the rate of nine percent (9%) per annum.
6.
Tax lien. The City may cause a notice of lien for non-payment of such charges to be filed in the Office of the Recorder of Deeds. Such notice of lien shall state charges due, and shall adequately describe the property against which such lien is asserted. A copy of such notice of lien shall be mailed to the owner of the property at the last address on file with the City, and the filing of such notice in the Office of the Recorder of Deeds may be deferred as a matter of grace for not more than thirty (30) days from the mailing date. All charges that remain unpaid shall bear interest at a rate not to exceed the lower of nine percent (9%) per annum or the maximum legal rate from the time a notice of lien is filed with the Recorder of Deeds as herein prescribed, until such time as the account is brought current.