Cross References — As to dangerous buildings as a nuisance, ch. 505; as to prostitution houses deemed a nuisance, §210.465.
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 Fair Grove.
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, mites,
ticks, rats, mice, fly maggots, mosquito larvae and hookworm larvae.
[Ord. No. 115 §3, 11-10-2015]
13.
The keeping of animals and fowls in any area within the City
not zoned for agricultural uses except pet cats, dogs, bees and chicken
hens.
[Ord. No. 115 §3, 11-10-2015]
14.
Unlicensed dumps and licensed dumps not operated or maintained in
compliance with the ordinances of the City of Fair Grove 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
Fair Grove.
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 Fair Grove or within one-half (½) mile of the corporate
limits of the City of Fair Grove, 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 — Procedure Generally. Whenever the Board
of Aldermen receives notification that a nuisance may exist, it shall
proceed as follows, except as may be otherwise provided herein:
1.
It shall investigate the same. The Board may order
any person who has caused or is maintaining the nuisance to appear
before the Board at such time and place as the Board may direct to
show cause, if any, why that person should not abate the nuisance.
Every person required to appear before the Board shall have at least
ten (10) days' notice thereof.
2.
Such notice shall be signed by the City Inspector 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
published in a daily newspaper for three (3) consecutive days, if
a daily, or once, if a weekly paper, giving at least ten (10) days'
notice from the final publication date of the time fixed for the parties
to appear before the Board.
3.
If after hearing all the evidence the Board of Aldermen may determine
that a nuisance exists, it may direct the City Inspector or Chief
of Police or other City Official to order the person to abate the
nuisance within twenty (20) days or within such other time as the
Board may deem reasonable. Such order shall be served in the manner
provided in this Section for service of the order to show cause. The
order may further provide that the appropriate City Official be directed
to abate the nuisance if the order is not obeyed within the time period
set by the Board, and that a special tax bill be issued for the costs
of abating the nuisance.
4.
If the order has not been obeyed within the time period set by the
Board, the appropriate City Official shall proceed to abate the nuisance
in the manner provided by the order of the Board, and the cost of
same, if ordered by the Board, may be assessed as a special tax against
the property so improved or upon which such work was done; and, if
so ordered, the City Clerk shall cause a special tax bill therefor
against the owner thereof when known, and if not known then against
the unknown persons, and the certified bills of such assessment shall
describe therein the property upon which the work was done.
5.
The bills for the above work shall be recorded and shall be collected
and paid as provided for the collection of other special tax bills
for the repairing of sidewalks or grading or paving of streets and
shall be a lien on the property.
6.
The cost of abating nuisances on private property shall be levied
and assessed on each lot in proportion to the amount of work done
and material used in abating the nuisance located on each such lot.
A.
Any
lot or land shall be a public nuisance if it has the presence of debris
of any kind including, but not limited to, weed cuttings, cut and
fallen or hazardous trees and shrubs, overgrown vegetation and noxious
weeds which are seven (7) inches or more in height, rubbish and trash,
lumber not piled or stacked twelve (12) inches off the ground, rocks
or bricks, tin, steel, parts of derelict cars or trucks, broken furniture,
any flammable material which may endanger public safety or any material
which is unhealthy or unsafe and declared to be a public nuisance.
B.
When
a public nuisance as described above exists, the City Inspector or
Chief of Police 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 action will remedy the public nuisance. Unless
a 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 may 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.
C.
Upon
a failure of the owner to pursue the removal or abatement of such
nuisance without unnecessary delay, the City Inspector or Chief of
Police may cause the condition which constitutes the nuisance to be
removed or abated. If the City Inspector or Chief of Police causes
such condition to be removed or abated, the cost of such removal or
abatement and the proof of notice to the owner of the property shall
be certified to the City Clerk or officer in charge of finance 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 from the date the tax bill is
delinquent until paid.
[Ord. No. 04-05-03 §1, 5-11-2004]
A.
An
exemption will be given for property owners with two (2) or more acres
on each parcel for a special hay and agricultural permit. A permit
for this exemption must be secured using a form to be completed prior
to May first (1st) of each year and filed with the City of Fair Grove,
Missouri.
1.
Land that has been granted this exemption must be cut for hay (cut,
racked and bailed then removed) once it reaches a maximum height of
twenty-four (24) inches.
2.
Land that has been granted this exemption but not put up for hay
as required will be notified by regular mail to comply within ten
(10) days.
3.
If after ten (10) days the property is in non-compliance the City
Police Chief shall have the grass cut down and shall certify the time
expended to the City Clerk.
4.
The City Clerk will issue a special tax bill to the property owner(s)
based on one hundred fifty dollars ($150.00) for the first (1st) hour
or less and fifty dollars ($50.00) for every one-fourth (¼)
hour thereafter.
