[CC 1990 §215.140; Ord. No. 74.141 §§1 — 4, 9-12-1983; Ord. No. 97.044 §1, 9-8-1997; Ord. No. 98.026 §§1
— 2, 6-24-1998; Ord. No. 2007.24 §1, 10-8-2007; Ord. No. 2009.22 §1, 12-14-2009; Ord. No. 2016.22 §1, 11-14-2016]
A.
Debris Defined. Any condition of any lot or land that has the presence
of debris of any kind is hereby declared to be a public nuisance,
subject to abatement. Debris includes weed cuttings, cut and fallen
trees and shrubs, overgrown vegetation and noxious weeds which are
twelve (12) inches or more in height, rubbish and trash, lumber not
stacked, rocks or bricks, tin, steel, parts of derelict cars or trucks,
broken furniture and/or any flammable material. The word "debris"
also includes any other material which is found on any lot or land
that is unhealthy or unsafe, provided that it is described in detail
in the notice that is required below.
B.
Maintenance Of Public Rights-Of-Way/Easements. Whenever private property
abuts a public right-of-way or easement belonging to the City of Desloge,
or any public entity, and there exists in such right-of-way or easement
a tree lawn or grassy area between the private property line and midline
or said right-of-way or easement, then such tree lawn or grassy area
shall be considered, for purposes of this Section requiring cutting
of grass and weeds, to be a part of the private lot which abuts the
right-of-way or easement, and it shall be the duty of those responsible
under this Section for the maintenance of the private lot to equally
maintain the tree lawn or grassy area within the abutting right-of-way
or easement, and all of the provisions of this Section shall apply
with equal force and effect to said tree lawn or grassy area.
C.
Notice. Enforcement of this Section shall be the responsibility of
the Chief of Police. Enforcement shall commence by providing notice
to the owner, occupant or person in control of any property of the
nuisance condition existing on his/her/its property. The notice may
be delivered by personal service, by certified mail or by ordinary
mail. (If sent by ordinary mail, there will be a rebuttable presumption
that the letter was delivered five (5) days after the date it was
sent.) Should such notice be returned as undeliverable, notice shall
be posted on said premises.
1.
The notice shall generally describe the nature of the nuisance,
the location of the property (using the mailing or popular address
rather than a legal description, when reasonably possible to do so)
and ordering the property owner, occupant or person in control of
any property or properties to, within a period of ten (10) days from
the receipt of the notice, abate the nuisance.
D.
Abatement Of Nuisance. If the nuisance is present on the property
ten (10) days after receipt of the notice by the property owner, occupant
or person in control of any property or properties, the enforcement
officer shall cause the same to be abated. (The costs of abatement
may include a fee for the City's costs in administering this
Section.) The enforcement official shall certify the costs of such
abatement to the City Clerk or other 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, and shall be collected in the same manner
and procedure as for collecting real estate taxes.
E.
Violation Is An Offense. An owner, occupant or person in control
of any property or properties who fails to remove a nuisance within
ten (10) days of being notified to do so by the notice/abatement order
described above shall be guilty of an offense and may (at the option
of the City) be charged in Municipal Court with the offense of "failure
to abate a nuisance."
F.
Subsequent Violations. If the nuisance is permitted to grow or accumulate on private property in violation of this Section more than one (1) time within one hundred eighty (180) days and notification was performed in the manner set forth in Subsection (C) of this Section, then the City may, without further notification, remove such nuisance in the manner set forth in Subsection (D) of this Section and may collect the total cost of such removal in the manner set forth in Subsection (D) of this Section. The City may hire and enter into contracts with independent contractors to destroy or remove such nuisances.
[Ord. No. 2018.05, 2-12-2018]
G.
Penalties. Any owner, occupant or person in control of any property or properties described in Subsection (A) of this Section who shall violate or fail to comply with any provisions of this Article, including failure to comply with the notice described in Subsection (C) of this Section, shall be guilty of an offense. The fine for the first conviction shall be in the discretion of the court and shall not be more than two hundred dollars ($200.00) and the fine for a second conviction within twelve (12) months of a previous conviction shall be not more than two hundred seventy-five dollars ($275.00) and the fine for a third conviction within twelve (12) months of a previous conviction shall be not more than three hundred dollars ($300.00) and the fine for a fourth conviction within twelve (12) months of a previous conviction shall be not more than four hundred dollars ($400.00).
[CC 1990 §235.030; CC §62.040]
A.
It
shall be unlawful for the owner of any lot or parcel of ground in
the City to maintain or allow to stand upon such lot or parcel of
ground any tree or tree limb which, due to a diseased, decayed or
broken condition or for any other reason, endangers or is likely to
injure any person or property in and upon a street or any adjacent
property in the City, or to cause damage to any tree of other land
owners by the spread of a contagious disease.
B.
It shall be the duty of the owner of any lot or parcel of ground in the City to properly cause such tree or tree limb as are described in Subsection (A) of this Section to be cut down, and no tree or tree limb in the City which has been cut down or which has fallen or been broken down, shall be permitted to remain in or upon any sidewalk, street or adjacent property in the City, or so near thereto as to endanger any person thereon, and it shall be the duty of the owner of such lot or parcel of ground to cause the same to be promptly removed, and it shall be unlawful for any such owner to fail to do so.
[CC 1990 §235.070; CC §62.090]
Any person who shall allow or permit any tree, hedge, bush or
shrubbery on his/her premises adjacent to any street or sidewalk to
encroach with or extend over and upon any street, or sidewalk so as
to interfere with or impede passage thereon, shall be deemed guilty
of a misdemeanor, and, upon conviction, shall be fined not less than
one dollar ($1.00) nor more than twenty-five dollars ($25.00) for
each offense; and every day such tree, hedge, bush, or shrub shall
continue to exist in violation of this Chapter shall constitute a
separate violation.
[Ord. No. 2003.07 §1, 5-12-2003]
A.
Property
owners and residents shall empty all outside containers that collect
stagnant water such as in an exposed or open barrel, bottle, box,
bucket, can, defective house roof gutter, privy vault, tank of a flush
closet, tank, automobile, tractor or truck tire, trough (except a
horse trough in frequent use), urn or other container that may collect
stagnant water.
B.
Property
owners and residents shall not create or construct areas or improvements
to land that may collect stagnant water such as a cistern, depression,
ditch, fountain, excavation, hole, open cesspool, pond, pool or other
areas or improvements to land that may collect stagnant water.
C.
It
shall be unlawful for any property owner, agent, employee or occupant
of any property within the City to store out-of-doors any automobile,
motorcycle, all-terrain vehicle, truck, tractor or farm tire except
as specifically set out below.
D.
It
shall be unlawful for any person to leave, dump, abandon or store
any automobile, motorcycle, all-terrain vehicle, truck, tractor or
farm tire upon any property within the City where such tire will be
exposed to the weather, except as specifically set out below.
E.
An
exception to the ban on outside storage of tires shall be made for
businesses, on land not zoned as residential, and which have valid
City business licenses for motor vehicle sales, repair and service,
tire sale or service, tire manufacture or tire recycling, provided
that the storage of tires at these locations shall be done in such
a manner that the tires are neat and not an eyesore, and that the
business is currently meeting all applicable environmental regulations
of the Missouri Department of Natural Resources and all similar Federal
regulations and has submitted an approved plan to the City, setting
out what efforts it shall take to abate the problem of mosquito breeding
upon its property.
F.
Any
business seeking exception from this Section shall submit a plan,
in writing, to the City, outlining what action it proposes to take
to abate the problem of mosquitoes breeding in stagnant water in tires
stored out of doors. These plans may consist of regular draining of
water from the tires, covering the tires in a manner to exclude water
collecting in tires, regular mosquito spraying by certified mosquito
vector control personnel or a person with the comparable training
or any combination of spraying, draining, covering or other methods
to prevent the breeding of mosquitoes. The plan proposed shall be
reviewed and approved by the City Chief of Police. The City retains
the right to require additional measures by businesses if the City
has declared a mosquito emergency.
G.
It
shall not be a violation for any person to leave with an exempted
business, tires that the business has agreed to take.
H.
The
City Police shall have the enforcement power of this Section and shall
be authorized to issue summons to Municipal Court for violations.
I.
Prior
to the issuance of a summons, the Police shall deliver a notice to
the owner or occupant of the property or their agents or employees,
if present upon the property, and if not by either posting upon the
property or mailing by United States mail, with proof of mailing to
the last known owner of the property, a notice of violation, giving
the owner or occupant four (4) days from the date of notice, if in
person, or four (4) days from the date of mailing of notice, to remove
the tires or otherwise remedy the violation. Failure to either remove
the tires or remedy the violation within the four (4) days shall be
prima facie proof of the intent of the owner to violate the Section.
K.
Failure
of a business, which has an exception, to follow the plan submitted
by it and approved by the City shall be a misdemeanor, punishable
by a fine of not less than fifty dollars ($50.00) nor more than five
hundred dollars ($500.00).
L.
Each
day after the notice period has expired is a separate offense and
no new notice is required for the issuance of continuing violations.
M.
Nothing
in this Section shall be construed as limiting the City from any other
legal recourse it has under its other ordinances.
