[Ord. of 5-5-1970, § 1]
No person shall cause or maintain any nuisance as defined by
the laws of this State, or the ordinances of the City or cause or
maintain any such nuisances within the City or within one (1) mile
of the corporate limits thereof.
[1]
State Law Reference — For similar provisions,
see RSMo. § 77.530.
[Ord. of 5-5-1970, § 2]
Any act done or committed or suffered to be done or committed
by any person, or any substance or thing kept, maintained, placed
or found in or upon any public or private place within the City which
is injurious or dangerous to the public health is hereby declared
a nuisance. All pursuits followed or acts done within the City by
any person to the injury, annoyance, inconvenience, or damage to the
public is hereby declared a nuisance.
[Ord. No. 84-19, §§ 1,2, 6-27-1984; Ord. No. 2005-19 § 1, 6-14-2005]
A.
It shall be unlawful for any person owning, possessing, or occupying
any premises within the City to allow for a period in excess of ten
(10) days refuse, junk and/or trash to accumulate or remain upon such
premises to an extent or in such manner as to be unsightly, dangerous
or detrimental to the life, health, property or safety of any person
in the City.
B.
JUNK
JUNK YARD
UNSIGHTLY
As used in this Section, these terms shall have the following meanings:
Old or scrap lead, iron, steel, aluminum, copper, brass,
rope, rags, batteries, glass, dismantled, or wrecked automobiles and/or
appliances, or parts thereof, or other old or scrap ferrous or nonferrous
material.
An establishment, area, location, place of business, or other
premises maintained, operated, used or permitted to be used, for the
storing, keeping, buying, selling, or collecting of junk as defined
herein; or for the operation of an automobile graveyard, garbage dump
or sanitary fill.
Presenting an appearance or scene in plain view of the public
which is dissimilar in nature and quality to the view presented by
adjoining premises in the immediate proximity and constituting a junk
yard as defined herein.
C.
Penalties. Any person violating a provision of this
Section shall be deemed guilty of a misdemeanor, and each day of violation
shall be considered a separate offense. Upon conviction, the offenses
herein prescribed are punishable by confinement for a term not exceeding
ninety (90) days and/or by fine in an amount not exceeding five hundred
dollars ($500.00).
D.
It shall be unlawful for any person who is the owner, agent, tenant
or occupant of any premises to allow or cause any of the following
items to remain on such premises for longer than forty-eight (48)
hours in any outside area which can be viewed from a ground location
off the premises: any appliance manufactured for indoor use only,
bedding, bottles, boxes, broken glass, cans, cardboard, cartons, furniture
manufactured for indoor use only, jars, machine parts, motor vehicle
parts, pallets, paper, plumbing fixtures, rags, scrap metal, abandoned/unusable
tires unless covered for reuse, abandoned/unusable tire rims unless
covered for reuse and water heaters.
[Ord. No. 2012-27 § I, 8-14-2012]
A.
INOPERABLE VEHICLE
UNIMPROVED AREAS
VEHICLE
Definitions. The following definitions shall apply
to this Section:
A licensed or unlicensed vehicle, powered or unpowered, or
component thereof, including truck/trailer beds/boxes, that is incapable
of operating if it meets one (1) or more of the following criteria:
it has flat or missing tire/s or wheel/s, is wrecked or junked; is
wholly or partially dismantled, a motorized vehicle incapable of moving
under its own power, watercraft not on a dedicated wheeled vehicle,
has vegetation or debris which has collected in or around or under
the vehicle, is used for storage of any kind, is being used for on-site
human, animal or fowl habitation.
Those areas not paved with a concrete, asphalt or other sealed
surface pavement material capable of supporting all vehicles used
thereon and in all weather conditions without emitting dust or mud
onto the adjacent street or adjoining property during use. Land or
gravel surface covered with vegetation, such as grass, weeds, or other
vegetation, is considered an unimproved area.
Any device, or component thereof, in, upon or by which any
person or property is or may be transported or pulled upon a highway,
street or waterway, including, but not limited to, travel trailer,
camper, motor home/coach, trailers of all kinds, trucks of all sizes,
cars, buses, boats, and off-road vehicles. Devices moved by human
power or used exclusively upon stationary rails or tracks are not
deemed to be a vehicle.
B.
The following are declared to be nuisances:
1.
The parking of any vehicle on grassy or unimproved areas. (Excluding gravel driveways and gravel parking areas existing before passage of this Section, and rear yard compacted gravel pads as permitted by Lexington City Code Section 29-30.)
2.
The open storage of an inoperable, licensed or unlicensed, vehicle
on any type surface for a period of thirty (30) days or more.
C.
Exceptions.
1.
Subsection (B) above shall not apply to any vehicle (except when
used for on-site human, animal or fowl habitation) parked or stored
in a completely enclosed building or fenced area, and not visible
from adjacent public or private property. Nor shall this Subsection
apply to any vehicle upon the property of a business licensed as a
salvage, swap, junk dealer, towing or storage facility so long as
the business is operated in compliance with its business license and
the property is in compliance with the Lexington City Code.
2.
Agricultural zones. Subsection (B) above shall not
apply to any vehicle (except when used for on-site human, animal or
fowl habitation) located on agriculturally zoned lots provided the
vehicles are set back from the property line a minimum of one hundred
(100) feet.
[Ord. of 5-5-1970, § 2]
All buildings, bridges, or other structures of whatever character
kept or maintained, or which are permitted by any person owning or
having control of the same to be kept or maintained in a condition
unsafe, dangerous, unhealthy, injurious or annoying to the public
is hereby declared a nuisance.
[Ord. of 5-5-1970, § 2]
All privies or privy vaults kept in such a condition as to emit
an offensive, noxious or disagreeable odor, and all substances emitting
an offensive, noxious, unhealthy or disagreeable odor in the neighborhood
where they exist within the City are hereby declared a nuisance.
[1]
Editor's Note-Ord. no. 2009-08 § 2, adopted February
24, 2009, repealed section 18-93 "Obstruction and Filth on Public
Ways" in its entirety. Former section 18-93 derived from ord. of 5-5-1970
§ 2; ord. no. 92-09 §§ 1 — 2,
6-8-1992.
[Ord. of 5-5-1970, §§ 3-5]
A.
Any animal, vegetable matter or other substance whatever which is
or may become putrid, offensive or unhealthy thrown into or upon any
public or private property within the City is hereby declared a nuisance.
B.
Any filth, garbage, foul or unclean water, from any kitchen, house,
tenement, or other place, within the City, conducted, cast, thrown
or allowed to escape into or upon any public or private property is
hereby declared a nuisance.
C.
Any offal, blood, filth, manure, rubbish, still slops, or any refuse,
animal, vegetable matter or any unclean, foul or nauseous liquor,
which shall be discharged out or from any premises in the City owned
or occupied by any tanner, dyer, livery stable keeper, pork or beef
packer, soap boiler, tallow chandler, butcher or any other person,
thrown into, deposited on or left in any stream of water within the
City, or on any sidewalk, street, alley, or other public place or
upon any vacant lot in the City is hereby declared a nuisance.
[Ord. of 5-5-1970, § 24]
It is hereby declared a nuisance for any person to allow any
putrid or unwholesome meats or fish, decayed fruits or vegetables,
refuse, offal, excrement, chamber lye or other filthy, offensive substance
or thing to be or remain in or upon any house, building, lot or premises
owned or occupied by him or under his charge and control.
[Ord. No. 2023-02, 3-14-2023]
Any medical marijuana facility or comprehensive marijuana facility
authorized by Article XIV of the Missouri Constitution which generates
marijuana smoke or odor that is capable of being detected by a person
of ordinary senses (including, but not limited to, any Police Officer)
beyond the property line of the facility is hereby declared to be
a nuisance. In addition to any other remedy provided for the abatement
of nuisances, the City may revoke the business license of any such
facility for violation of this Section after notice and the opportunity
for a hearing.
[1]
Editor's Note-Ord. no. 2009-08 § 2, adopted February
24, 2009, repealed section 18-96 "Unsafe Sidewalks, Gutters and Curbstones"
in its entirety. Former section 18-96 derived from ord. of 5-5-1970
§ 2.
[Ord. of 5-5-1970, § 14]
Every tenement, boardinghouse, lodging house or any building
used for such purpose, or any part thereof, within the City which
is leased, let or rented for lodging purposes and which is not sufficiently
lighted or ventilated and provided with water, and kept in a clean
and sanitary condition, or in which the strength, ventilation, light
or sewerage is in any manner insufficient or prejudicial to life or
health, or which does not have adequate or properly constructed privies
or water closets shall be deemed a nuisance.
[Ord. of 5-5-1970, § 15]
Any house, building or tank within the City used for the special
or exclusive storage of powder, dynamite, nitroglycerin, coal oil
or other explosive substances detrimental to the public health, or
where endangering quantities of such explosives are kept exposed or
insecure for the purpose of display or in any manner so as to endanger
human life is hereby declared a nuisance.
[Ord. of 5-5-1970, § 21; Ord.
No. 2008-07 § 1, 3-11-2008]
No person shall, without first obtaining special permission from the City Council, except as permitted in Chapter 29, Zoning, Article II, build or place or cause to be built or placed any fence composed in whole or in part of barbed wire on the line of or adjacent to any highway, street, alley or other public place, and any such fence which may be built without such permission, or which having been built by such permission shall not be removed at the expiration of ten (10) days after notice requiring the removal thereof has been served by order of the Council upon the owner, agent or tenant of the premises upon which such fence is situated is hereby declared to be a nuisance.
[Ord. of 5-5-1970, § 2]
Any pond or pool of stagnant water within the City and all foul
or dirty water or other liquid when discharged through any drainpipe
or spout, or thrown into or upon any street, alley, thoroughfare or
lot within the City to the injury and annoyance of the public is hereby
declared a nuisance.
[Ord. of 5-5-1970, § 6]
It is hereby declared a nuisance to throw into any branch, stream,
drain or watercourse within the City, any dead animal or fowl or any
filthy substance, or to place therein any obstruction whatever.
[Ord. of 5-5-1970, § 11]
Any cellar, vault, private drain, pool, privy, sewer or sink
which is nauseous, foul, offensive or injurious to the public health
is hereby declared a nuisance.
[Ord. of 5-5-1970, § 13]
Any well or cistern on any property within the City shall be
deemed a nuisance whenever a chemical analysis shows that the water
of such well or cistern is of an impure or unwholesome nature.
[Ord. of 5-5-1970, § 12]
Whenever any stable, shed or apartment, or any yard or appurtenance
thereof, in which any horse, mule, cattle, sheep, cow or swine or
any other animal or fowl shall be kept, or any place within the limits
of the City in which manure or liquid discharges of such animals shall
collect or accumulate, and which stable, stall, shed or apartment,
or any yard or appurtenance thereof, is not kept in a clean and wholesome
condition so that no offensive smell shall be allowed to escape therefrom
shall be deemed a nuisance; provided, that nothing in this Section
shall be so construed as to include manure deposits upon any private
property for the purpose of cultivating the same.
[Ord. of 5-5-1970, § 2]
All stables, cattle yards, hog, sheep or cow pens within the
City permitted by the persons owning or controlling the same to be
in such a condition as to become offensive, annoying or injurious
to the public are hereby declared a nuisance.
[Ord. of 5-5-1970, § 7]
It is hereby declared a nuisance for the owner or keeper of
any animal or fowl which may die to permit the same to remain within
the City for a longer period of time than twelve (12) hours after
such animal or fowl has died.
[Ord. of 5-5-1970, § 25]
It is hereby declared a nuisance for any person to bring or
cause to be brought into the City any diseased or injured animal of
any kind that is usually slaughtered for food.
[Ord. of 5-5-1970, § 26]
It is hereby declared a nuisance for any person to kill any
diseased or injured animal with a view to or for the purpose of having
the carcass dressed or prepared for food purposes, or to sell, give
away or in any manner dispose of, or offer to sell, give away or in
any manner dispose of for use as food all or any part thereof.
[Ord. of 5-5-1970, § 8]
All slaughterhouses situated within the City are hereby declared
to be public nuisances.
[Ord. of 5-5-1970, § 9]
The steaming, boiling or rendering of any offal, tainted or
damaged tallow or lard, or the steaming and rendering of any animal
substance, in such a manner as to occasion an offensive smell, or
which will by undergoing such process of steaming, boiling or rendering
it unwholesome or offensive to smell within the City is hereby declared
to be a nuisance.
[Ord. of 5-5-1970, § 10]
The placing or storing of any green or salted hides in any store,
warehouse or other place or building within the City, causing an offensive
odor to arise from said hides, to the injury or annoyance to the occupant
of any house, store, place or building, or those residing in the vicinity
thereof, or the general public is hereby declared a nuisance.
[Ord. of 5-5-1970, § 19; Ord. No. 2019-32, 7-23-2019]
A.
The Building
Inspector, Code Enforcement Officer, Chief of Police, Fire Chief,
or anyone delegated by any of the foregoing officers or the Mayor
to make inspections [“authorized official(s)”], are hereby
authorized to enter, at all reasonable times, upon any part of a premises
within the City, as follows:
1.
An area
that is visible in plain view to the public in order to ascertain
the existence or location of any nuisance, and to ascertain the name
of any person causing or maintaining the same or for the purpose of
abating the same; and
2.
An enclosed
area, provided that the authorized officials have first presented
proper credentials and have requested and received permission from
the owner, occupant, or other person having possession, management,
or control of the building, structure or enclosed premises to make
the inspection; reasonable effort shall be made to locate the owner,
occupant, or other person having possession, management, or control
of the building, structure, or premises. In the event that permission
to conduct the inspection is denied, the authorized officials shall
have recourse to pursue every remedy provided by law to secure entry,
including, but not limited to, requesting an appropriate order from
a judge of a court having competent jurisdiction; and
3.
At any
time to any part of the premises when there is reason to believe that
the perceived nuisance is immediately dangerous to life, health, or
welfare of the occupants or the general public.
[Ord. of 5-5-1970, § 20; Ord. No. 2019-32, 7-23-2019]
A.
Upon determination
by an authorized official that a City Code violation exists, then
it shall be the duty of the authorized official to provide to the
owner and occupant of the property a written notice specifically describing
each condition of the lot or land declared to be a public nuisance,
and the notice shall identify what action will remedy the public nuisance.
Unless a condition presents an immediate, specifically identified
risk to the public health, safety, or welfare of an occupant and/or
the general public, then 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.
B.
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, or,
if neither can be contacted, by posting such notice on the premises.
[Ord. of 5-5-1970, § 27; Ord. No. 2019-32, 7-23-2019]
A.
Upon a
failure of the owner to pursue the removal or abatement of such nuisance
without unnecessary delay, an authorized official may cause the condition
which constitutes the nuisance to be removed or abated.
[Ord. of 5-5-1970, § 28; Ord. No. 2019-32, 7-23-2019]
If an authorized official causes such nuisance 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, who shall cause the certified cost to be included in a special
tax bill or added to the annual real estate tax bill for the property,
and the certified cost shall be collected 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 applicable to 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.
[1]
Editor's Note: Former Section 18-120, Summary Abatement by
City; Special Tax Against Property; Lien; Suit to Collect Tax, adopted
or amended by Ord. of 5-5-1970, § 29, was repealed by Ord.
No. 2019-32, 7-23-2019.
[Ord. of 5-5-1970, § 31; Ord. No. 2019-32, 7-23-2019]
Should any nuisance exist in the City, the abatement or removal
of which is not prescribed or provided for in the City Code, the same
may be abated or removed by the City at the expense of the City.
[Ord. No. 2012-23 § I, 7-24-2012; Ord. No. 2019-32, 7-23-2019]
Abatement of code violations shall be the actual cost(s) for
contracted service(s) plus an administrative fee of one hundred dollars
($100.00) and filing fee of twenty-four dollars ($24.00).
