[Ord. No. 860 §1(215.010), 5-15-1996]
The Board of Aldermen of the City of Platte City, Missouri,
hereby declares it to be the purpose of this Chapter and the policy
of the City to protect the health, safety, welfare, prosperity and
peace of the citizens of Platte City and to prevent the depreciation
of property within the City of Platte City by prohibiting nuisances.
It is the intention of the Board to prohibit those conditions which
could provide a breeding ground for rodents, insects, reptiles or
other vermin, to prevent conditions which create attractive nuisances
or safety hazards to children or others, to prevent the growth of
weeds, to prevent unpleasant or noxious odors, to prevent conditions
conducive to the spread of disease and to protect property values
and quality of life by promoting the aesthetics of the City.
[Ord. No. 860 §1(215.020), 5-15-1996]
For the purposes of this Article, the following terms, phrases,
words and their derivations shall have the meaning given herein. When
not inconsistent with the context, all references to the singular
shall include the plural and vice versa. The word "shall" is always mandatory and not merely directory.
A hive or hive-like structure having removable frames specifically
designed, constructed and maintained for purpose of housing a bee
colony.
[Ord. No. 1939, 7-27-2021]
Any individual, person, firm association or corporation owning,
possessing or controlling one (1) or more colonies of bees for the
production of honey, beeswax, or by-products thereof, or for the pollination
of crops for either personal or commercial use.
[Ord. No. 1939, 7-27-2021]
Practices associated with the keeping, operation, harboring
and/or maintenance of a bee colony or colonies by a beekeeper.
[Ord. No. 1939, 7-27-2021]
Any stage of the common honey bee, Apis Mellifera species,
or other bees kept for the production of honey or wax.
[Ord. No. 1939, 7-27-2021]
The City of Platte City, Missouri.
A hive and its equipment and appurtenances, including, honey
bees, comb, honey pollen and brood.
[Ord. No. 1939, 7-27-2021]
A barrier at least six (6) feet in height consisting of a
solid wall, dense vegetation or combination thereof that is parallel
to the property line and extending ten (10) feet beyond the colony
in each direction so that bees are forced to fly at an elevation of
at least six (6) feet above ground level over the property lines in
the vicinity of the apiary.
[Ord. No. 1939, 7-27-2021]
A structure intended for the housing of a honey bee colony.
[Ord. No. 1939, 7-27-2021]
An act or circumstance, which causes annoyance or offense
to another person or to the community at large. "Nuisance" shall specifically include any acts or conditions identified in
this Chapter as a nuisance.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Storage or placement outside in any fashion other than wholly
within a building such as a garage, barn or accessory building and
so that the items being stored are concealed from view from the public
ways and adjacent properties.
[Ord. No. 860 §1(215.030), 5-15-1996]
A.
No
person shall permit, cause, keep, maintain or commit any nuisance
as defined by the laws of the State of Missouri or the ordinances
of the City within the City limits of the City of Platte City, Missouri.
B.
No
owner, occupant or person in charge of any house, building, lot or
premises within the City of Platte City shall cause or allow any nuisance
to be or remain in or upon any such house, building, lot or premise.
C.
The
creation or maintenance of any condition which is in fact a nuisance
is declared unlawful and subject to abatement and shall not be affected
by the fact that it is not specifically enumerated in this Chapter.
[Ord. No. 860 §1(215.040), 5-15-1996]
A.
Unsheltered Storage Of Personal Property. No person shall
permit the unsheltered storage of old, used, stripped or junked personal
property of any kind (except in licensed junk yards) including, but
not limited to, junk, trash or other debris, abandoned, discarded
or unused objects or equipment of any kind whatsoever, vehicle parts
or tires, scrap metal, toys, furniture, barrels (metal, plastic or
wood), buckets or cans, carpet or other flooring or inoperative lawn
mowers.
B.
Building Materials. No person shall permit the unsheltered
storage of building materials, including lumber, siding, roofing materials,
shingles, studs, cinder blocks, concrete blocks, bricks, stones, sheet
rock, sheet metal, corrugated metal, rebar, metal stays and any other
building material. Provided however, building materials may be stored
upon property in those instances where the owner or occupant or other
person on behalf of the owner or occupant of the property is constructing,
repairing or remodeling a structure upon the premises for a period
of time not to exceed the expiration date set forth in the building
permit issued by the City for such construction, repair or remodeling.
In the event the project does not require a building permit, then
the storage of building materials for the project shall not exceed
thirty (30) days. If the project requires a building permit, but no
permit is issued by the City, then no unsheltered storage of building
materials shall be permitted.
C.
Litter. No person shall permit the accumulation of plant
or animal waste, litter, garbage, damaged merchandise, paper, cardboard
or food.
D.
Odors And Dust. No person shall permit the emission or creation
of offensive, disagreeable, noxious or toxic dust, vapor, fume, mist
or odor.
E.
Weeds. No person shall permit weeds or grass to attain the
height of twelve (12) inches or more or permit the accumulation of
dead brush, branches or other plants. The word "weeds", as used herein, shall include all vegetable growths except cultivated
plants, trees and shrubs.
F.
Septic Tanks, Sewers And Cesspools. No person shall maintain
or permit any defective, broken or exposed septic tank, cesspool or
sewer to exist.
G.
Animal Carcass. No person shall permit any animal carcass
to remain exposed twenty-four (24) hours after death or permit any
part of the carcass of any animal, including the hide, to remain exposed
one (1) hour after death.
H.
Rats And Insects. No person shall permit to exist or maintain
any condition conducive to the harborage of rats, insects, reptiles
or other vermin.
I.
Burning Substances. No person shall burn any substance such
as leaves, yard waste, trash or animal carcasses.
[Ord. No. 860 §1(215.060), 5-15-1996; Ord. No. 1330 §1, 11-6-2003]
A.
A live
or dead tree which constitutes a hazard to the safety of persons or
of property, private or public, is hereby declared to be a nuisance
and prohibited. Authorized representatives of the City may enter at
all reasonable times upon any privately owned property for the purpose
of inspection and investigation of any tree which may be in a hazardous
condition.
B.
Dead Or Diseased Tree Removal On Private Property. The City
shall have the right to cause the removal of any dead or diseased
trees on private property within the City, when such trees constitute
a hazard to life and property, or harbor insects or disease which
constitute a potential threat to other trees within the City. The
Building Official will notify in writing the owners of such trees.
Removal shall be done by said owners at their own expense, within
sixty (60) days after the date of service of notice. In the event
of failure of owners to comply with such provisions, the City shall
have the authority to remove such trees and charge the cost of removal
and administrative fees on the owners property tax notice.
[Ord. No. 860 §1(215.070), 5-15-1996]
All malfunctioning private sewage disposal systems which allow
polluted, raw or partially treated wastewater or effluent to be deposited
or stand upon any premises shall be deemed a nuisance and are prohibited.
When any private sewage disposal system has been determined to be
malfunctioning, the owner of the premises will be ordered to make
connection to the public sewer if available.
[Ord. No. 860 §1(215.080), 5-15-1996; Ord. No. 1594 §1, 7-23-2008; Ord. No. 1614 §5, 2-24-2009; Ord. No. 1615 §5, 3-11-2009]
A.
No
person shall interfere with or obstruct any gutter, conduit, storm
sewer, sewer or other outlet for water or natural drainage upon any
private or public property except as permitted pursuant to a permit
issued as hereinafter permitted.
B.
Owners
of private driveways in existence as of the date of passage of this
Section may apply for a permit under this Section if the following
conditions apply:
1.
The slope of the driveway measured from the back of the curb to twelve
(12) feet from the back of the curb exceeds nine percent (9%) on an
upgrade, or
2.
The slope of the driveway measured from the back of the curb to twelve
(12) feet from the back of the curb exceeds nine percent (9%) on downgrades,
or
3.
The face of curb exceeds thirty percent (30%) (i.e. not a typical
lazy back curb design), or
4.
The rise from the low point in the gutter to the highest point in
curb exceeds four (4) inches (i.e. not a typical lazy back curb design).
C.
Any
curb helper installed pursuant to a permit must meet the design regulations
set forth below. All curb helper devices and designs:
1.
Shall not extend beyond the curb and gutter edge (i.e. not into the
traveled portion of the street), and
2.
May be installed in a permanent fashion, but may not be made of concrete.
3.
Shall be designed such that water is allowed to drain through the
gutter line (i.e. not allowing water to pond on the up stream side
of the curb helper).
D.
Applications
for curb helper permits are available at City Hall, and shall be made
prior to any installations of any curb helper device. Submitted applications
shall be reviewed by the Public Works Director. The Public Works Director
may deny issuance of a permit and the installation of a curb helper,
if the application does not meet any of the criteria above or if the
Public Works Director determines that a particular application may
present unusual safety or maintenance concerns as the Director shall
in his or her sole discretion determine.
E.
Applications
that do not meet minimum criteria as prescribed herein may be appealed
to the Board of Aldermen; however, applicant must provide proof of
extraordinary circumstances for the application to be considered and
must have exhausted all other efforts. Extraordinary circumstances
could be, but are not limited to, safety and/or property damage.
[1]
Editor’s Note: Former Section 215.080, Above Ground Motor Vehicle Fuel Storage, enacted 5-15-1996 by §1(215.090) of Ord. No. 860 was repealed 6-28-2016 by §1 of Ord. No. 1829. See now Section 405.755(C), Above Ground Storage of Flammable Liquids for Motor Vehicle Use.
[Ord. No. 860 §1(215.100), 5-15-1996]
No person shall corrupt or render unwholesome or impure the
water of any spring, river, stream, pond or lake.
[Ord. No. 860 §1(215.110), 5-15-1996]
It is hereby declared a nuisance for any person to advertise
wares or occupations by painting notices on or affixing notices to
fences or other private property or on rocks or other natural objects
without the consent of the owner of the property.
[Ord. No. 860 §1(215.120), 5-15-1996]
It shall be unlawful for any person, partnership or corporation
to maintain upon the public right-of-way or upon any land situated
within ten (10) feet of any public street or public highway any trash
cans, garbage cans, garbage bags or refuse disposal receptacles for
more than twenty-four (24) hours within the City of Platte City, Missouri.
[Ord. No. 860 §1(215.130), 5-15-1996]
No person shall make, continue, cause or permit to be made or
continued any noise disturbance. A noise disturbance shall include,
but not be limited to, use of sound-producing or reproducing equipment
between the hours of 10:00 P.M. and 7:00 A.M. that is plainly audible
within a dwelling unit that is not the source of the sound or use
of such equipment on public property or on a public right-of-way so
as to be plainly audible fifty (50) feet or more from the source of
the sound. The Board of Aldermen may grant an exemption from this
Subsection to allow a person reasonable use of public property or
the right-of-way to broadcast music or speech. Any such exemption
shall identify the period of time during which it is effective.
[Ord. No. 1939, 7-27-2021]
A.
Beekeeping
shall only be allowed on agricultural parcels or on single-family
lots.
B.
The
keeping of bees shall be allowed on single-family lots under the following
conditions:
C.
Beekeeping
activities that are not in compliance with these regulations shall
be deemed a nuisance.
[Ord. No. 860 §1(215.140), 5-15-1996]
Unless a different time is specified for a particular nuisance,
no condition shall be deemed a nuisance subject to prosecution unless
it exists unabated for a period of at least twenty-four (24) hours.
[Ord. No. 860 §1(215.150), 5-15-1996]
Any person who violates Sections 215.030, 215.040, 215.050, 215.060, 215.070, 215.080, 215.090, 215.100, 215.110, 215.120 or 215.130 of this Chapter shall, upon conviction, be punished in accordance with the penalties set forth in Section 100.100 of the Municipal Code of the City of Platte City. Each day a violation of this Chapter continues shall be deemed a separate violation for purposes of this Section.
[Ord. No. 860 §1(215.160), 5-15-1996]
Whenever the Codes Enforcement Officer shall ascertain or have
any knowledge that a nuisance exists in or upon any house, building,
lot or premises in the City, he/she shall serve written notice upon
the owner, occupant or lessee of the premises stating that a nuisance
exists on the premises and that the owner, lessee or occupant is required
to remove or otherwise abate the nuisance within a certain specified
time, not more than thirty (30) days; provided, that no such nuisance
may be required to be removed in less than twelve (12) hours unless
it poses an immediate hazard to the safety of any person. The notice
of the Codes Enforcement Officer shall not be deemed a condition precedent
to a prosecution for maintaining any condition prohibited by this
Chapter and the City shall not be required to prove compliance with
this notice requirement in any such prosecution.
[Ord. No. 860 §1(215.170), 5-15-1996]
The Codes Enforcement Officer or other duly authorized representative
of the City of Platte City is hereby authorized to enter and inspect
all buildings and parts of buildings and other premises in the daytime
for the purpose of examining the sanitary condition or other condition
detrimental to the health, safety or welfare of the residents of the
City, the existence of which constitutes a nuisance. Provided however,
such City Official shall first obtain an administrative search warrant
from the Municipal Judge or, in the alternative, shall obtain the
consent of the owner or occupant of the premises. If on such inspection
any nuisance or unsanitary condition be found, then the official may
follow the provisions set forth by this Chapter for the abatement
of the nuisance.
[Ord. No. 860 §1(215.180), 5-15-1996]
A.
The
Codes Enforcement Officer or other duly authorized representative
of the City is hereby empowered to abate or remove either by draining,
filling, removing, burning or discontinuing any nuisance from any
cause whatsoever.
B.
Before
proceeding to abate or remove any nuisance, the Codes Enforcement
Officer shall notify the owner, tenant, lessee or occupant or his/her
agent, employee or manager having charge of, doing business in or
occupying any house or building of any kind or any vacant lot, yard
or piece of ground in or on which any nuisance exists. In the event
the nuisance exists in a public street or alley, the Codes Enforcement
Officer shall notify the person responsible for the existence and
condition of the nuisance. The officer's notice shall be in writing
and shall state the facts constituting the nuisance and order the
person responsible for the premises to abate, remove or discontinue
the nuisance. The notice shall be served in the same manner as writs
of summons are served in civil cases. If the owner or tenant, lessee,
agent, employee, manager or other person named in the notice cannot
be found in the City, then the Codes Enforcement Officer shall cause
such notice to be mailed by certified or registered mail, return receipt
requested, and by regular mail, postage prepaid, to such owner, tenant,
lessee or occupant at that person's last known address. In the event
no address is known for such person, then the notice shall be posted
conspicuously upon the premises.
C.
No
sooner than ten (10) days after service of such notice, whether by
personal service, mailing or posting of such notice, the City Administrator
shall give a hearing to the owner or owners of his/her or their agents.
If the nuisance set forth in the notice shall not be abated, discontinued
or removed by the date of such hearing, the City Administrator or
other designated City Official may declare the condition to be a nuisance
and order the same to be abated within ten (10) days. If the nuisance
is not abated within ten (10) days, the City Administrator may direct
the Codes Enforcement Officer or other designated City Official to
proceed to abate and remove such nuisance.
Notice of the place and time of the hearing may be given to
the owner or owners or his/her or their agents as part of the notice
of nuisance or by separate notice. If notice of the place and time
of the hearing is given by separate notice, it may be served by personal
service, by regular mail, postage prepaid, to the owner or owners
or his/her or their agents at that person's last known address, by
publication for one (1) insertion of a paper published in the County
or by posting of such notice upon the property where the nuisance
is alleged to exist.
D.
The
Codes Enforcement Officer shall keep an accurate record of the cost
of abating, discontinuing or removing any nuisance herein defined.
The Codes Enforcement Officer shall report the cost thereof to the
Board of Aldermen. The Board of Aldermen shall then proceed to levy
and assess the costs as a special tax against each lot or parcel of
land from which the nuisance is abated, discontinued or removed and
shall direct the City Clerk to issue a special tax bill therefor against
such tract or parcel of real estate to be collected by the City Collector
or any duly authorized deputy. Such special tax bill shall be a special
lien against such property in the same manner and with the same effect
as special tax bills are for paying and shall be payable within thirty
(30) days after the date thereof and, if not so paid, shall bear interest
at the rate of eight percent (8%) per annum until paid. It shall be
the duty of the City Clerk to keep all records as certified to him/her
by the Codes Enforcement Officer, to prepare all books and accounts
showing in detail the expenditures of the abatement, removal or discontinuance
of any nuisance which may be property assessed against each such lot
or parcel of land.
E.
This
assessment of any special tax bill issued pursuant to this Chapter
or the filing of any suit to collect such special tax bill shall not
render any person immune from prosecution for creating or maintaining
a nuisance.
[Ord. No. 860 §1(215.190), 5-15-1996]
Any person affected by an order of the City Administrator issued pursuant to Section 215.170 (Abatement by City — Procedure) may seek review of the order before the Board of Aldermen. Request for review of the order must be filed with the City Clerk within ten (10) days of the date of the order of the City Administrator. Filing of the request for review will stay the abatement by the City until hearing by the Board of Aldermen or thirty (30) days, whichever occurs earlier. After hearing, the Board may affirm the order of the City Administrator, may vacate the order of the City Administrator or may amend the order of the City Administrator as appropriate.
[Ord. No. 860 §1(215.200), 5-15-1996]
A.
In
addition to the remedies set forth in this Chapter, the City may petition
the Circuit Court of Platte County to enjoin any nuisance or threat
to the public health, safety or welfare. The remedies set forth herein
are cumulative and not exclusive and the City may seek any legal or
equitable remedy at its disposal, regardless of whether it has exhausted
any other remedy available to it under this Chapter.
B.
In
the event the City petitions the Circuit Court of Platte County to
enjoin any nuisance or otherwise seeking abatement of a nuisance,
the City will seek recovery of the reasonable attorney fees incurred
by it to the extent permitted by Section 79.383, RSMo., 1994, or under
any other provision of law.
