[Ord. No. 2.302.8 §1, 3-13-1995]
The Board of Aldermen of the City of Weston, 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 Weston and to prevent the depreciation of property
within the City of Weston by prohibiting nuisances.
[Ord. No. 2.302.8 §2, 3-13-1995]
For the purposes of this Chapter, 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 precatory.
A litter storage and collection receptacle.
The City of Weston, Missouri.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
[Ord. No. 2.302.8 §3, 3-13-1995]
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 Weston, Missouri.
B.
No
owner, occupant or person in charge of any house, building, lot or
premises within the City of Weston shall cause or allow any nuisance
to be or remain in or upon any such house, building, lot or premises.
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.
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 Weston or within one-half (½) mile of the corporate
limits of the City of Weston, 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.
[Ord. No. 2.302.8 §4, 3-13-1995]
A.
The
following acts or conditions are hereby declared to be nuisances,
dangerous to the public safety and hereby prohibited:
1.
Litter. The accumulation of vegetable or animal
waste, litter, garbage, filth or refuse or any rags, damaged merchandise,
wet, broken or leaking barrels, casks or boxes or any materials which
are offensive or which tend to decay or become putrid or unwholesome.
2.
Odors and dust. The emission or creation of offensive,
disagreeable, noxious or toxic dust, vapor, fume, mist or odor.
3.
Foul water. The accumulation upon or discharge onto
any street, sidewalk, lot, park, public square, public enclosure or
any pond or pool of water of any liquid refuse, including slop, foul
or dirty water or other liquid.
4.
Junk vehicles. The unsheltered storage of old, used,
stripped or junked personal property of any kind (except in allowed
junk yards), including lumber, building materials, junk, trash or
other debris, abandoned, discarded or unused objects or equipment
of any kind whatsoever, including household appliances, vehicle parts
or tires, scrap metal, toys, furniture or barrels.
5.
Septic tank. Maintaining or permitting any unclean,
stinking, foul, defective or filthy drain, ditch, septic tank or gutter
or any leaking, broken, garbage box or receptacle of like character.
6.
Stagnant water. Maintaining or permitting the existence
of any pond or pool of unwholesome, impure or putrid water or any
pond or pool of stagnant rainwater which is or may become offensive.
7.
Animal carcass. Permitting any animal carcass to
remain exposed six (6) hours after death or permitting any part of
the carcass of any animal, including the hide, to remain exposed six
(6) hours after death.
8.
Rats and insects. Permitting or maintaining any
condition conducive to the harborage of insects, rats or other vermin.
[Ord. No. 2.302.8 §6, 3-13-1995]
No person shall throw or deposit or dump any litter on any property
within the City, whether owned by such person or not, except that
the person in possession or control of the premises may maintain authorized
private receptacles for collection of litter in such a manner that
the litter will be securely contained within the receptacle until
such time that it is collected.
[Ord. No. 2.302.8 §7, 3-13-1995]
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. Authorized representatives of the City may enter at
all reasonable times upon any privately owned property for purposes
of inspection and investigation of any tree which may be in a hazardous
condition.
[Ord. No. 2.302.8 §8, 3-13-1995]
All stables, sheds or compartments in which a horse, cow or
other animal shall be kept in such manner or in any place in which
the refuse of such animal shall collect or accumulate or that any
offensive smell shall be allowed to escape from is hereby declared
to be a nuisance and dangerous to the public safety and prohibited;
provided, nothing in this Section shall be so construed as to include
manure deposits on any private property for the purpose of enriching
the soil thereon if the manure deposit does not cause an offensive
smell.
[Ord. No. 2.302.8 §9, 3-13-1995]
All malfunctioning private sewage disposal systems which allow
polluted, raw or partially treated waste water or effluent to be deposited
or stand upon any premises shall be deemed a nuisance.
[Ord. No. 2.302.8 §10, 3-13-1995]
No person shall corrupt or render unwholesome or impure the
water of any spring, river, stream, pond or lake.
[Ord. No. 2.302.8 §11, 3-13-1995]
A.
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 or, if in the streets of the City of Weston,
without the permission of the Board of Aldermen.
B.
Garage
sale and election signs shall not be deemed to be a nuisance if they
are removed within twenty-four (24) hours after the completion of
the garage sale and within ten (10) days after election.
[Ord. No. 2.302.8 §12, 3-13-1995; Ord. No. 2.302.15 §§1
— 2, 4-13-2009]
A.
No
person shall make, continue, cause or permit to be made or continued
any noise disturbance. The following are declared to be noise disturbances
in violation of this Section, but these enumerations are not exclusive:
1.
Barking dogs or other noisy animals which disturb the comfort and
repose of any person in the vicinity.
2.
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.
3.
Vehicle traveling on roads with posted right-of-way signs that say "Noise Ordinance Enforced" that create additional noise
considered offensive by utilizing a compression release braking system
known as a "jake brake", are hereby prohibited from
use of such braking systems.
[Ord. No. 2.302.8 §13, 3-13-1995]
It shall be unlawful for any person, partnership or corporation
to maintain upon the public right-of-way or upon any land situated
within twenty (20) 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 Weston.
[Ord. No. 2.302.8 §14, 3-13-1995]
A Building Inspector is hereby authorized to enter and inspect
all buildings and parts of buildings and other premises 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 a search warrant, if required, 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.
A.
Abatement Of Nuisance — Abatement Officer. Whenever
the Abatement Officer for the City shall ascertain or have knowledge
that a nuisance exists on any premises in the City, he/she shall,
by written notice, notify the persons occupying or having possession
of said premises to abate or remove such nuisance within the time
to be specified in such notice, not less than fifteen (15) days. Failure
to abate such nuisance within the time specified within the notice
or failure to pursue the removal or abatement of such nuisance without
unnecessary delay, shall be deemed an ordinance violation.
B.
Notice. The Abatement Officer shall determine all individuals,
firms or corporations who, from the records in the Recorder of Deeds
office, appear to be the titled owners of the aforesaid property and
immediately cause a written notice to be served on each such individual,
firm or corporation by one (1) of the following methods:
1.
The delivery of a true copy of the notice to the person(s) intended
to be notified, or the leaving of a copy at his/her usual place of
abode with some member of his/her family over the age of fifteen years.
2.
Mailing a copy to such person at such place or address by United
States certified mail return receipt.
3.
If service of such written notice is unable to be perfected by any
of the methods described above, the Abatement Officer shall direct
the City Clerk to cause a copy of the aforesaid notice to be published
in a newspaper of general circulation in the County where the City
is located, once a week for two (2) consecutive weeks and shall further
cause a copy of the aforesaid notice to be left with the individual,
if any, in possession of such property on which it is alleged such
public nuisance exists, or if there is no individual in possession
thereof, the Abatement Officer shall cause a copy of the notice to
be posted at such structure, location or premises. The Abatement Officer
may also determine from the Recorder of Deeds' office who the lien
holder of the property, if any, as documented therein, is and cause
a written notice to be served on such lien holder by United States
mail return receipt.
C.
Summary Abatement. Whenever it becomes necessary to abate
a nuisance immediately in order to secure the general health, welfare
or safety of the City or any of its inhabitants, the City is authorized
to abate such nuisance without notice and may use any suitable means
or assistance for that purpose, whether by employees of the City or
laborers especially employed for that purpose, or any other help or
assistance necessary therefor.
D.
Municipal Court May Order Abatement — Cost Of Abatement By
The City, How Paid. If, upon a trial for the failure to abate
such nuisance within the time specified within the notice or failure
to pursue the removal or abatement of such nuisance without unnecessary
delay, the judge of the Municipal Court shall find that a violation
exists and that the defendant has had proper notice as provided in
this Section and that the defendant has failed to abate the nuisance,
the judge of the Municipal Court shall, in addition to the penalty
for violating this Section, make an order directing the Abatement
Officer to abate such nuisance forthwith and immediately report the
expenses thereof 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 until paid.
E.
Right Of Entry. Any person or contractor employed by or
under contract with the City for the abatement of a nuisance and any
agent or employee of such contractor shall have the right of entry
for that purpose into and upon any premises and it shall be unlawful
to interfere with any Police Officer, Abatement Officer or any officer,
agent or employee of the City or with any representative of the City
engaged in the abatement of any nuisance pursuant to an order of the
Municipal Judge or any summary abatement as described above.
F.
Remand And Hearing. In case the Municipal Judge shall determine
that abatement of any alleged nuisance is not immediately necessary
for the protection of the health of the inhabitants of the City, he/she
may instead of entering a finding remand the matter to the Board of
Aldermen and the City shall hold a hearing before declaring the same
to be a nuisance and ordering its abatement. At least Fifteen (15)
days' notice of such hearing shall be given to the owner or occupant
of the premises upon which such alleged nuisance exists or to his/her
agent or to the person causing or maintaining such alleged nuisance,
which notice shall state the time and place of such hearing. All interested
parties may appear at such hearing either in person or by attorney
and present evidence concerning the matters at issue. If, upon such
hearing, the Board of Aldermen finds that a nuisance exists, it shall
order the owner, occupant or agent of such property, or the person
causing or maintaining such nuisance, to abate the same and if the
same be not abated within the time prescribed by the City Board of
Aldermen in such order, the matter may again be presented for prosecution
before the Municipal Court for determination.
G.
Court Suit Authorized. Nothing in this Section shall be
construed as abandoning or limiting the City's right to bring suit
for all expenses attending the abatement of a nuisance, when performed
by the City, in any court of competent jurisdiction in the name of
the City against the person maintaining, keeping, creating or refusing
to abate the nuisance so abated.
[Ord. No. 2.302.8 §16, 3-13-1995]
Any person who violates any Section of this Chapter shall, upon
conviction, be punished by a fine of not more than five hundred dollars
($500.00) or by imprisonment not exceeding ninety (90) days, or by
both fine and imprisonment. Each day a violation of this Chapter continues
shall be deemed a separate violation for purposes of this Section.
[Ord. No. 2.302.8 §17, 3-13-1995]
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.
