Cross Reference — As to dangerous buildings as a nuisance, ch. 505.
[R.O. 2012 §215.010; Ord. No. 815 §1, 2-6-2006]
The legislature of the State of Missouri has in Section 71.780,
RSMo., delegated to the legislative or Governing Bodies of Cities
the power and authority to suppress all nuisances which are or may
be injurious to the health and welfare of the inhabitants of the City
or prejudicial to the morals thereof, that such nuisances may be suppressed
by ordinances of said Cities and the expenses for abating these nuisances
may be assessed against the owner or occupant of the property and
against the property on which said nuisance is committed and a special
tax bill may be issued against said property for said expenses. Therefore,
the Board of Aldermen of the City of Ash Grove, Missouri, ordains
as follows.
[R.O. 2012 §215.020; Ord. No. 815 §1, 2-6-2006]
A.
The
Board of Aldermen for the City of Ash Grove, Missouri, does hereby
find and declare that it is necessary to provide for the abatement
of conditions which are detrimental to property values and community
appearance, an obstruction to or interference with the comfort and
enjoyment of adjacent property or premises or hazardous or injurious
to the health, safety or welfare of the general public in such ways
that constitute a public nuisance and to establish community standards
to safeguard health and public welfare in keeping with the character
of the City by allowing for the maintenance of exterior property for
each of the following purposes:
1.
To safeguard the health, safety and welfare of the citizens of Ash
Grove by maintaining exterior property in good and appropriate condition;
2.
To promote a sound and attractive community appearance; and
3.
To enhance the economic value of the community, and each area in
it, through the regulation of the maintenance and conditions of property.
B.
Accordingly,
the Board of Aldermen declares that the purposes of this Chapter are
to:
1.
Reduce the threat to health, safety, welfare, appearance and economic
value due to the decline in property condition(s) by lawfully delineating
the circumstances under which such condition(s) are considered unlawful
and/or abated; and further declares that
2.
Abatement of such condition(s) is in the best interest of the health,
safety and welfare of the residents of the City, as maximum use and
enjoyment of property or premises in proximity to one another depends
upon maintenance of those properties at or above the established minimum
standards as defined within this Chapter.
[R.O. 2012 §215.030; Ord. No. 815 §1, 2-6-2006; Ord.
No. 1011 §1, 1-4-2016]
A.
The Mayor and Board of Aldermen for the City of Ash Grove, Missouri,
hereby assign the duties of administering this Chapter as follows:
1.
The Code Compliance Official within as designated by the Mayor
with Board approval shall have the duty, responsibility and authority
to enforce this Chapter and Sections in any manner authorized by the
Municipal Code of Ordinances or by any other law, including, but not
limited to, issuance of citations, civil actions and abatement activity
regulation.
2.
The Ash Grove Police Department, records division, will provide
the identifying information, when available, of the location and identifying
descriptions of violators to assist the reporting, citation completion
and service process.
3.
For the purposes of inspections and/or enforcement of the provisions
of this Chapter, Code Compliance Officials or their designees shall
be authorized and permitted to enter upon the property of another
without being considered trespassers.
4.
All inspections and enforcement actions, unless expressly stated
to the contrary, shall be under the direction of the Code Compliance
Official who may appoint or designate other public officers or employees
to perform duties as may be necessary to enforce the provisions of
this Chapter, including, but not limited to, abatement activity, work
orders, vegetation removal, mowing, etc.
5.
When the Code Compliance Official determines an emergency exists
which creates a dangerous and imminent health or safety hazard to
persons, property or the general public which requires immediate action,
the Code Compliance Official may order all required action necessary
to immediately abate or remove the conditions causing the emergency.
Any orders issued pursuant to this Subsection shall be effective immediately
or in the time and manner prescribed in the order itself.
[R.O. 2012 §215.040; Ord. No. 815 §1, 2-6-2006; Ord.
No. 1011 §1, 1-4-2016]
For the purpose of this Chapter, the following words are defined
as follows:
In addition to those definitions contained in applicable
State Statutes, State codes, other ordinances adopted by the City
of Ash Grove or as contained in binding case law decisions, the term
"abandoned" refers to any item which has ceased to be used for its
designed and intended purpose. The following factors, among others,
will be considered in determining whether or not an item has been
abandoned:
To repair, replace, remove, destroy or otherwise remedy the
condition in question by such means and in such a manner and to such
an extent as the Code Compliance Official in his/her judgment shall
determine is necessary in the interest of the general health, safety
and welfare of the community.
Gravel, asphalt, concrete, or other material designated by
the Board of Aldermen.
City Official or employee as may be designated in writing
by the Mayor and Board of Aldermen to enforce property or premises
maintenance and other City Code violations as authorized herein.
That from which essential equipment, parts or contents have
been removed or stripped and the outward appearance verifies the removal.
Defacement, damage or destruction by the presence of paint
or ink, chalk, dye or other similar substances, or by carving, etching
or other engraving.
Any car, truck, van, recreational vehicle, snowmobile or
other vehicle typically powered by an engine, is apparently inoperable
or requires repairs in order to be operable, or is unable to move
under its own power. "Inoperable vehicle" may include vehicles that
do not meet the definition of "junk vehicle."
All old or scrap copper, brass, lead, or any other non-ferrous
metal; old or discarded rope, rags, batteries, paper, trash, rubber,
debris, waste or used lumber, or salvaged wood; dismantled vehicles,
machinery and appliances or parts of such vehicles, machinery or appliances;
iron, steel or other old or scrap ferrous materials; old or discarded
glass, tinware, plastic or old or discarded household goods or hardware.
Neatly stacked firewood located on a side yard or a rear yard is not
considered junk.
Any vehicle which does not display a valid license plate
or sticker indicating current registration or is inoperable or has
any of the following characteristics:
Has a missing windshield or missing windows.
Broken, loose, or missing part. Any vehicle
with a broken, loose, or missing fender, door, bumper, hood, steering
wheel, driver's seat, trunk lid or similar structural piece.
Habitat for nuisance animals or insects. Any
vehicle which has become the habitat for rats, mice, snakes, or any
other vermin or insects.
Has junk, garbage or refuse stored therein; or paper, cardboard,
wood or other combustible materials stored therein; or is used as
a storage facility for solid waste or other hazardous materials; or
is used for the storage of gasoline, propane or diesel fuel at any
location on or about the vehicle other than in the vehicle's gas or
fuel tank.
Inoperable. Any motor vehicle which lacks an
engine or two (2) or more wheels or other structural parts, rendering
said motor vehicle totally inoperable, or which cannot be moved under
its own power or has not been used as an operating vehicle for a period
of thirty (30) days or more.
Defective condition. Any other vehicle which,
because of its defective condition in any other way constitutes a
threat to the public health and safety.
|
Mere licensing of such vehicle shall not constitute a defense
to the finding that the vehicle is a junk vehicle.
|
Any person or entity who has a recorded interest in real
property, including mortgagee, beneficiary under a deed of trust or
holder of other recorded liens or claims of interest in real property.
In addition to the conditions described within this Chapter,
any unlawful act or the failure to perform a duty or permitting any
condition or thing to be or exist on property owned or occupied in
which such act, omission, condition or thing:
Any person or persons holding and exercising temporary or
terminable tenancy rights with respect to a residence, building or
property including renters, lessees and/or other persons residing
temporarily on the subject property.
The registered owner of a vehicle; the person(s) to whom
property tax is assessed on real or personal property as shown on
the last equalized assessment roll of the County.
Any mechanical, structural, body or decorative part of any
vehicle, machinery or trailer.
Any land, lot, parcel or portion of land whether improved
or unimproved, occupied or unoccupied, including any alley, sidewalk,
parkway or public easement abutting such land, lot, parcel or portion
of land.
The portion or portions of a lot which are on the opposite
side of the dwelling, garage, or other building located thereupon,
from the street, avenue, highway, or boulevard which is listed in
the official address of the property.
A vehicular, portable structure built on a chassis, designed
to be used as a temporary dwelling for travel;
A pickup camper, meaning a structure designed to be mounted
on a truck chassis, for use as a temporary dwelling for travel, recreation
and vacation;
A motor home, meaning a portable, temporary dwelling, to be
used for travel, recreation and vacation, constructed as an integral
part of a self-propelled vehicle;
A camping trailer, meaning a structure mounted on wheels and
designed for travel, recreation and vacation use; or
A boat or trailer of any type.
Every device in, upon, or by which a person or property is
or may be transported or drawn upon a highway or street, except devices
moved by human power or used exclusively upon stationary rails or
tracks, and includes without limitation a motor vehicle, automobile,
truck, motorcycle, tractor, buggy, wagon, farm machinery, or any combination
thereof.
[R.O. 2012 §215.050; Ord. No. 815 §1, 2-6-2006; Ord.
No. 1011 §1, 1-4-2016]
A.
The maintaining, using, placing, depositing, leaving or permitting
to be or remain on any public or private property of any of the following
items, conditions or actions are hereby declared to be and constitute
a public nuisance and a violation of this Chapter; provided, however,
this enumeration shall not be deemed or construed to be exclusive,
limiting or restrictive:
1.
Noxious weeds and other rank vegetation.
2.
Accumulation of rubbish, trash, refuse, junk and other abandoned
materials, metals, lumber or items offensive to the senses or a risk
to health, safety and/or welfare.
3.
Any condition which provides harborage for rats, mice, snakes
and other vermin.
4.
Allowing or permitting vegetation, grass or weeds to grow to
a height greater than ten (10) inches or extend beyond the boundaries
of any lot or property to a length greater than six (6) inches or
encroach upon any sidewalk more than four (4) inches.
5.
Conditions contributing to or causing rank or noxious odors
and stenches, as well as the conditions, substances or other causes
which give rise to the emission or generation of such odors and stenches.
6.
The pollution of any public well or cistern, stream, lake, canal
or body of water by sewage or industrial wastes.
7.
All furniture, machinery, discarded containers or any other
appliance, article, item or equipment designed for use inside a dwelling
unit if stored, placed or set upon the ground or on any open porch,
in any attached carport or freestanding carport or in any garage or
shed that is without doors to conceal such articles.
8.
To permit, cause, keep, maintain or allow a fence or partitioning
containing barbed wire, razor wire or razor ribbon fencing in any
residential or commercially zoned district.
9.
Lumber, bricks, shingles, building materials, salvage materials,
including, but not limited to, auto parts, scrap metal, tires and
any other trade materials stored, deposited, dumped discarded and/or
abandoned on any section of property.
10.
Buildings, structures or other surfaces upon which graffiti
exists.
[R.O. 2012 §215.060; Ord. No. 815 §1, 2-6-2006; Ord.
No. 1011 §1, 1-4-2016; Ord. No. 1156, 4-19-2021]
A.
Exemptions to Section 215.050 shall be made on a conditional basis as follows.
1.
The provisions of this Chapter do not regulate or place limitations
on any properly zoned junk yard, salvage yard/dealer or waste tire
facility holding valid licenses and/or other necessary municipal permits.
2.
The provisions of this Chapter do not prohibit the storage of
idle but operable recreational vehicles, boats or lawn-mowing equipment.
3.
The provisions of this Chapter do not prohibit the orderly storage
of firewood.
4.
The provisions of this Chapter are not intended to regulate
or place limitations on any residential or commercial building project
for which a valid building permit has been issued by the City of Ash
Grove. This exception shall be limited to the site for which any such
permit was issued.
6.
The provisions of this Chapter do not apply to an owner or possessor
of a tract of realty within the City which has two (2) or more acres
on each parcel, and upon which such owner or possessor desires to
grow and harvest hay, and a valid special hay and agricultural permit
has been granted.
a.
A permit for this exemption must be secured using a form to
be completed prior to April 1 of each year and filed with the City
Clerk, City of Ash Grove, Missouri. The annual cost of such permit
will be determined by the Ash Grove Board of Aldermen.
b.
Hay/grass upon realty for which a hay permit has been issued
must be cut for hay (cut, racked and bailed, then removed) a minimum
of two (2) times each calendar year.
c.
Realty for which this exemption has been issued, but on which the hay/grass has not been cut, racked and bailed, then removed, as required, will be declared a nuisance under Chapter 215 of the Municipal Code of Ash Grove and the International Property Maintenance Code (IPMC).
d.
All areas not cut for hay are required to be maintained below
ten (10) inches and meet all requirements of Ash Grove City ordinance
and International Property Maintenance Code (IPMC). This includes
but is not limited to ditches and fence rows.
e.
There shall be a fee of eight dollars ($8.00) charged for each
hay permit issued in accordance with this Chapter.
[R.O. 2012 §215.070; Ord. No. 815 §1, 2-6-2006; Ord.
No. 1011 §1, 1-4-2016]
A.
It is unlawful for any owner or occupant having control of any lot
or land or any part thereof in the City of Ash Grove to cause, permit
or maintain any nuisance on any such lot or land or contribute to
the creation or maintenance of any nuisance as defined within this
Chapter; and it is further unlawful for any person or his/her agent,
servant, representative or employee to cause or maintain a nuisance
on the property of another, with or without permission.
B.
Any person who shall cause, create or maintain a nuisance or contribute
to any nuisance as defined within this Chapter shall be guilty of
violating the provisions hereof and be liable for all costs and expenses
attendant upon the removal and/or correction of such a nuisance in
addition to any penalties provided. Each day that a nuisance is maintained
can be the basis of a separate offense.
[R.O. 2012 §215.080; Ord. No. 815 §1, 2-6-2006; Ord.
No. 1011 §1, 1-4-2016]
A.
Upon verification of a reported nuisance violation within the City,
the Code Compliance Official shall contact the owner or occupant of
the property upon which such nuisance exists and/or the person causing
or maintaining the nuisance and provide a written notice to abate.
The following methods of service of the written notice to abate shall
be deemed adequate:
1.
By personal service upon the owner or occupant of the property
upon which the nuisance exists or upon the person or persons or other
responsible party causing or maintaining the violation.
2.
If, after reasonable effort, personal service cannot be obtained,
then by sending the notice by certified mail to the last known address
of the owner, occupant or person causing or maintaining the nuisance.
3.
If there is no last known or forwarding address, by publishing
the notice once a week for two (2) consecutive weeks in a newspaper
of general circulation in the City of Ash Grove, Missouri, or by posting
the notice in a conspicuous place on the property or building whereat
the nuisance exists.
B.
The notice to abate a nuisance issued under the provisions of this
Chapter shall contain:
1.
A notice to abate the nuisance within a stated time;
2.
The location of the nuisance, if the same is stationary;
3.
A description of what constitutes the nuisance;
4.
A statement of action necessary to abate the nuisance;
5.
A statement that if the nuisance is not abated as directed,
the City will abate the nuisance and assess the cost thereof against
such person or against the property, or both.
[R.O. 2012 §215.090; Ord. No. 815 §1, 2-6-2006; Ord.
No. 1011 §1, 1-4-2016]
A.
In the event that any violation of any Section of this Chapter is
not abated by the responsible person or persons as notified within
the notice to abate or enjoin and within the time specified, the City
may abate such violation by any of the following means:
B.
Whenever the City is authorized to undertake the abatement of any
conditions constituting a nuisance as described within this Chapter,
the City may cause the abatement to be performed by City employees
or by private contract under the direction of the City.
C.
In addition to all other fees, fines and costs imposed hereunder,
the City is hereby empowered to charge and collect all costs of abatement,
including administrative expenses, which shall be determined by the
Code Compliance Official, Community Development Department Officials
or their designees and/or Municipal Court. Said costs shall be assessed
and billed to the owner, occupant or entity having control of the
property upon which the violation(s) exists. These costs are due and
payable within thirty (30) days of receipt.
D.
In the event the person or persons billed fails to pay within the 30-day period set forth in Subsection (C) of this Section, the Code Compliance Official shall render an itemized document titled "Intent to File Lien" showing the costs of abatement, administrative expenses and any outstanding penalties; provided that a copy of the same shall be posted for at least five (5) days upon or in front of such property. A copy of the document and notice shall be served upon the property owner or responsible person or persons of the property in accordance with the provisions of Section 215.080, Serving of Notice, at least five (5) calendar days prior to submitting the same to the City Clerk for filing with the County Collector.
E.
In the case of a special tax lien, the total cost of the abatement
including administrative fees in addition to any penalties assessed
against the property owner or responsible person or persons of the
property shall be assessed against the respective lot or parcel of
land to which it relates.
F.
The nuisance abatement lien shall have the same force, effect and
priority as a judgment lien and may be foreclosed in the same manner
as a money judgment.
G.
The City of Ash Grove shall record with the County Collector's office
a notice of discharge of the nuisance abatement lien in the event
it is released or satisfied through payment or foreclosure.
[R.O. 2012 §215.100; Ord. No. 815 §1, 2-6-2006; Ord.
No. 1011 §1, 1-4-2016]
A.
Upon receiving the entry of a guilty plea or upon a guilty conviction
of a violation of any Section of this Chapter, the court will order
against the person or persons guilty the following:
[R.O. 2012 §215.110; Ord. No. 815 §1, 2-6-2006; Ord.
No. 1011 §1, 1-4-2016]
Upon conviction for the violation of any provision of this Chapter,
an order to abate will be issued directing the person or persons so
convicted to abate or correct the underlying nuisance. Failure of
the person or persons to abate such underlying nuisance within the
time ordered shall be the basis of a separate and chargeable offense.
[R.O. 2012 §215.120; Ord. No. 815 §1, 2-6-2006; Ord.
No. 1011 §1, 1-4-2016]
Every Section, provision or part of this Chapter is declared
separable from every other Section, provision or part; and if any
Section, provision or part hereof shall be held invalid, it shall
not affect any other Section, provision or part.
