Cross Reference — Permitting animal to become nuisance, §210.030.
[Code 1985, §61.130; CC 1990 §10-46]
The term "owner" as used in this Chapter shall include the real and actual owner of the fee title, the life tenant, occupant, tenant, lessee, tenant at will, tenant at sufferance, person in lawful possession, adverse possessor, and any other person, firm, partnership, corporation or association asserting or having any right, title or interest in any lot, tract or parcel of land in the City. The land records filed in the office of the Recorder of Deeds of the County within which any such lot, tract or parcel of land shall be located, and any other official record of such County or of the City may be used to determine the identity of such owners, as hereinbefore defined, as of any given date.
[Code 1985, §61.100; CC 1990 §10-47]
No person, owner or occupant of premises, or his/her agent, shall permit, cause, keep, maintain or do any nuisance, as defined by the laws of the State or ordinances of the City, or cause to be committed, caused, kept, maintained or done any such nuisance within the City.
No owner, occupant, or person in charge of any property, house, building, lot or premises shall cause or allow any nuisance to be or remain in or upon any such house, building, lot, property or premises.
[Code 1985, §61.090, 61.110(1)-(12); CC 1990 §10-48; Ord. No. 1816, 3-13-2006; Ord. No. 1955, 2-25-2008]
The following are hereby deemed and declared to be nuisances:
Substance emitting noxious odors. All substances which emit or cause any foul, noxious, unhealthy or disagreeable odor or effluvia in the neighborhood where they exist.
Carcasses of animals. All carcasses of animals remaining exposed twelve (12) hours after death.
Hides. All green or salted hides left or deposited in any open place.
Establishments emitting noxious odors, etc. Establishments emitting or causing an offensive, disagreeable, noxious or toxic dust, vapor, fume, mist or odor.
Liquid refuse. All slop, foul or dirty water, liquid or beer washings, all filth, refuse or offal, discharged through drains or spouts or otherwise thrown or deposited in or upon any street, sidewalk, lot, park, public square, public enclosure or any pond or pool of water, except wash water which may be deposited on one's private property.
Vegetables emitting noxious odor. All vegetables or other articles that emit or cause an offensive, noxious or disagreeable smell or odor.
Litter, trash, refuse on public or private property. All ashes, cinders, slops, filth, excrement, sawdust, stones, rocks, dirt, straw, soot, sticks, shavings, eggshells, oyster shells, or cans, dust, brush, logs, paper trash, rubbish, manure, refuse, offal, wastewater, chamber lye, fish, putrid meat, entrails, decayed fruit or vegetables, broken ware, rags, iron or other metal, old wearing apparel, all animals or vegetable matter, all dead animals or any other offensive or disagreeable substance or thing thrown or deposited by anyone in or upon any street, sidewalk, park, public square, public enclosure, lot, vacant or occupied, stream or waterway, or pond or pool of water.
Wrecked, damaged, demolished, disabled or unlicensed vehicle.
Any wrecked, damaged, demolished, disabled or unlicensed vehicle may be kept in accordance with Section 400.290(A)(10)(e).
"Vehicle", as used in this Subsection, shall mean any device designed to travel along and over the ground by use of wheels, treads, runners or slides and transport persons or property and shall include, without limitation, automobiles, trucks, motor vehicles, tractors, wagons, buggies, bicycles or any part or portion thereof.
Unkept property. Any property with an overgrowth of weeds, grass and other vegetation, or brush, or property where trash and aforesaid mentioned items have been piled that would be a potential harborage place or breeding place for mosquitoes, flies, rodents, rats, and other vermin shall be deemed a nuisance.
Uninhabitable property. Any housing, building, dwelling, or other structure which is, in the judgment of the Health Officer or his/her authorized agent, or has been declared by an official agency unsuitable for habitation, especially when such housing constitutes a potential hazard to public health or safety due to its physical condition and accessibility by persons or animals subject to harm upon approach or gaining entry to it.
Weeds/High Grass. Any growth of weeds, grasses or bushes to a greater height than ten (10) inches; provided that this shall not apply to planted and cultivated flowers, shrubbery or other landscaping.
[Code 1985, §61.120; CC 1990 §10-50; Ord. No. 510, 11-11-1985; Ord. No. 1011 §1, 4-8-1996; Ord. No. 1046 §1, 9-9-1996]
No person shall burn upon his/her premises or upon any street, sidewalk or any other place within the City, any trash, debris, refuse or waste.
Exceptions. The following are exceptions to Subsection (A) hereof:
Fireplaces, barbecues and wood stoves may be used for heating and cooking purposes; however, no person shall burn any substance or material which would create or generate any disagreeable or noxious smell or odor.
Permits may be obtained from the Central Jackson County Fire Protection District for the burning of trees and shrubs associated with land development when the following conditions are met:
Recreational open burn permits may be granted by the Central Jackson County Fire Protection District if:
Fire equipment/personnel are available for stand-by.
Recreational fires are restricted to four (4) feet (wide) by four (4) feet (length) by four (4) feet (height) in size. The site, location and operation of the open burn shall be in accordance with the guidelines of the International Fire Code Article 11, Division II. A site inspection is performed by fire district staff prior to commencing recreational burning operations.
Training fires approved by the Department of Natural Resources for the Central Jackson County Fire Protection District or their mutual-aid affiliates for the performance and development of job-related skills and testing.
Editor's Note — At the direction of the City, the word "uniform" was changed to "international" before fire code in this section.
[Ord. No. 1523, 10-28-2002; Ord. No. 1955, 2-25-2008; Ord. No. 1981, 7-28-2008]
Failure To Keep Weeds, High Grass And Brush Cut And Removed, A Nuisance. Any owner, lessee or occupant or agent, servant, representative or employee of any such owner, lessee or occupant having control of any lot of ground or any part of any lot who shall allow or maintain on any such lot any growth of weeds or grass to a height of ten (10) inches or higher shall be deemed guilty of a public nuisance. Whenever private property abuts a public right-of-way or easement belonging to the City of Grain Valley or any public entity and there exists in such right-of-way a tree, lawn or grassy area between the private property line and the midline of said right-of-way or easement, then such tree lawn or grassy area shall be considered, for the purposes of 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 provision of this Section shall apply with equal force and effect to said tree lawn or grassy area. Exception: In agricultural zoned properties and undeveloped properties, there shall be no weeds or grass over twelve (12) inches in height a distance of twenty (20) feet from any non-agriculturally zoned property line, street or alley. Floodplains, streams and other special circumstance areas may be exempt from weed ordinance based on City staff's judgment.
Unlawful To Maintain Such Nuisance. It shall be unlawful for any person to create or maintain a nuisance as defined in Subsection (A).
Liability. Whenever weeds, in violation of Subsection (A) of this Section, are allowed to grow on any part of any lot or ground within the City, the owner of the ground, or in case of joint tenancy, tenancy by entireties or tenancy in common, each owner thereof, shall be liable.
Notice. The Codes Enforcement Officer shall give such owner or occupant notice of violation via personal service or by U.S. mail or by posting such notice upon the subject property. Said notice shall notify the owner that the nuisance shall be corrected not later than ten (10) days from mailing or posting or delivery (whichever occurs). Said notice shall also state the City will enter upon said property to correct said nuisance if not corrected within said ten (10) day period. A two (2) day extension may be granted if requested by citizen before the ten (10) day period has expired. Said notice shall also state that all charges for such abatement will be levied against such property owner, and said charges will be a lien upon said property. In addition, said notice shall advise the property owner shall also be subject to prosecution in the municipal court of Grain Valley for such violation.
Disposition. In case the weeds are not cut down and removed within the ten (10) days, the Codes Enforcement Officer shall have the weeds cut down and removed and shall certify the costs of same to the City Clerk.
Tax Bill. The City Clerk shall cause a special tax bill therefor against the property to be prepared and to be collected by the Collector, with other taxes assessed against the property; and the tax bill from the date of its issuance shall be a first lien on the property until paid and shall be prima facie evidence of the recitals therein and of its validity, and no mere clerical error or informality in the same, or in the proceedings leading up to the issuance, shall be a defense thereto. Each special tax bill shall be issued by the City Clerk and delivered to the Collector on or before the first (1st) day of June of each year. Such tax bills if not paid when due shall bear interest at the rate of eight percent (8%) per annum.
[Code 1985, §61.150(5 — 6); CC 1990 §10-52]
It shall be unlawful for any person to permit any dead carcass, standing pool of water or any animal or vegetable substance, the decomposition of which would cause or have a tendency to cause an offensive or unhealthy smell, or influence, to remain upon or within his/her premises, lot, house, or building, within this City for more than twelve (12) hours after he/she shall have been notified of the fact by the City Health Officer.
It shall be unlawful for any person, after having received notice thereof from the Codes Enforcement Officer that anything upon his/her premises has been declared by the Codes Enforcement Officer to be a nuisance, within twelve (12) hours after receiving such notice, to fail to remove or commence and continue removing such nuisance until the same is completed.
[Code 1985, §61.140; CC 1990 §10-53]
It shall be unlawful for any owner, as defined in Section 225.010, of any lot, tract or parcel of land, or property, to cause or to permit any nuisance as defined in this Article, to be created or to remain upon such premises, and it shall be the duty of such owner to abate and remove any such nuisance from such premises.
The existence of any situation or the commission of any act described in this Chapter is hereby deemed to be a public nuisance.
It shall be unlawful for any person to interfere, hinder or refuse to allow the Board of Aldermen of the City or their duly authorized representatives to go upon any lot or premises whether public or private, for inspection of any violation of this Chapter.
When the Codes Enforcement Officer or his/her authorized agent finds any nuisance as defined and enumerated in Sections 225.030 through 225.040 of this Chapter to exist or to be caused to exist upon any premises or house, building, property, or dwelling within the City limits, especially when such nuisance has a blighting influence on properties in this area, however or by whomever caused, such Health Officer shall notify the owner of such premises, house, building, dwelling, or property in writing, by certified mail or registered letter or by personal service, stating the nature of the violation by ordinance or State law and setting forth the period of time allowed for abatement of such violation in days. The notice shall be served in any of the following ways:
By delivering the notice to the owner, agent, occupant or other person in control, either in the County or elsewhere;
By posting a copy of the notice upon the property in question. The notice is deemed served twenty-four (24) hours after the posting;
By sending by United States first class, certified or registered mail, the notice to the owner or other person in control of the property, either at his/her place of business or residence. The notice is deemed served twenty-four (24) hours after the mailing of the notice if the business or residence address of the owner or other person in control of the property, is in this County; if not, the notice is deemed served at the end of three (3) days. If after the expiration of the abatement period set forth in the violation notice, the condition has not been abated, the Health Officer or authorized agent shall inform the City Attorney in writing, of the abatement non-compliance and the owner shall be deemed in violation of this Chapter and guilty of a misdemeanor.
If the person so notified does not abate the nuisance within the time period specified, the City Attorney, or other duly appointed or responsible official of the City may proceed to abate such nuisance or have such nuisance abated, keeping an account of the expenses of such abatement and such expense shall be charged to and paid by such owner. Entry upon any premises or property made to abate any nuisance as described above shall be lawful and shall not constitute trespass.
Charges for such abatement shall be assessed against the owner or occupant of the property and shall be a lien upon the premises. Whenever a bill for such charges remains unpaid for sixty (60) days after it has been rendered, the City Clerk may file a statement of the lien claim with the County Recorder. Any such instrument shall include a legal description of the premises, the costs incurred, the date of abatement and the notice that the City claims a lien for this amount. Notice of such lien shall be mailed to such owner. Failure of the City Clerk to record any such lien claim or to mail any such notice, or the failure of the owner to receive such notice shall not affect the right to foreclose such lien for such charges as provided in Section 225.050.
Property subject to a lien for unpaid nuisance abatement charges shall be sold for nonpayment of the same and proceeds of such sale shall be applied to pay said charges after deducting costs. Such foreclosures shall be in equity in the name of the City. The City Attorney is hereby authorized and directed to institute such proceedings in any court having jurisdiction over the subject matter against any property for which such bill has remained unpaid for sixty (60) days after being rendered.
Violation of any Section of this Chapter shall be deemed a misdemeanor and any person convicted of violating any such Section may be punished as provided in Section 100.110 of this Code. Each day for which a violation exists beyond the abatement period provided herein shall constitute a separate offense.