[R.O. 2006 §220.010(1 — 8); CC 1992 §220.010(1
— 8); CC 1974 §§74.010, 74.030]
A.
The
following are declared to be nuisances affecting health:
1.
All decayed or unwholesome food offered for sale to the public or
offered to the public at no charge.
2.
All diseased animals running at large.
3.
All ponds or pools of stagnant water.
4.
Carcasses of dead animals not buried or destroyed within twenty-four
(24) hours after death.
5.
Accumulations, wheresoever they may occur, of manure, rubbish, garbage,
refuse and human and industrial, noxious or offensive waste, except
the normal storage on a farm of manure for agricultural purposes.
6.
Garbage cans which are not fly-tight, that is, garbage cans which
do not prevent the entry of flies, insects and rodents.
7.
The pollution of any well, cistern, spring, underground water, stream,
lake, canal or body of water by sewage or industrial wastes or other
substances harmful to human beings.
8.
Dense smoke, noxious fumes, gas and soot, or cinders in unreasonable
quantities, or the presence of any gas, vapor, fume, smoke, dust or
any other toxic substance on, in or emitted from the equipment of
any premises in quantities sufficient to be toxic, harmful or injurious
to the health of any employee or to any premises, occupant or to any
other person.
9.
Common drinking cups, roller towels, combs, brushes or eating utensils
in public or semi-public places where not properly sanitized after
use.
10.
Any vehicle used for septic tank cleaning which does not meet the
requirements of this Chapter of the Code of Ordinances of the City
of Ozark.
11.
Any vehicle used for garbage or rubbish disposal which is not equipped
with a watertight metal body and provided with a tight metal cover
or covers and so constructed as to prevent any of the contents from
leaking, spilling, falling or blowing out of such vehicle at any time,
except while being loaded, or not completely secured and covered so
as to prevent offensive odors from escaping therefrom or exposing
any part of the contents at any time.
12.
Any and all infestations of flies, fleas, roaches, lice, ticks, rats,
mice, fly maggots, mosquito larvae and hookworm larvae.
13.
The keeping of animals or fowl in any area within the City not zoned for agricultural uses except for pet cats, dogs, fowl or animals allowed pursuant to Sections 210.160 through 210.210 of this Code, animals or fowl in public or licensed zoos, animals or fowl temporarily housed in a veterinary facility and farm animals in laboratories are prohibited.
[Ord. No. 16-014 §2, 4-18-2016]
14.
Unlicensed dumps and licensed dumps not operated or maintained in
compliance with the ordinances of the City of Ozark and the Statutes
of the State of Missouri.
15.
No person shall discharge or cause to be discharged into a stormwater
system any waste materials, liquids, vapor, fat, gasoline, benzene,
naphtha, oil or petroleum product, mud, straw, lawn clippings, tree
limbs or branches, metal or plastic objects, rags, garbage or any
other substance which is capable of causing an obstruction to the
flow of the storm system or interfere with the proper operation of
the system or which will pollute the natural creeks or waterways.
16.
Ashes, slops, filth, excrement, stones, straw, soot, rubbish, manure,
offal, stagnant water, all sorts of decaying animal matter, decaying
fruit or vegetables or vegetable matter, broken kitchenware, wrecks
or parts of worn out automobiles, or other machines, scrap iron or
other metals, tin cans, old bottles, broken glass, discarded wearing
apparel, dead animals, or any other offensive or disagreeable substance
or thing left, deposited or caused or permitted to remain, left or
to be deposited in such quantity or in such condition as to be offensive
to the sight or smell or a menace to health, safety, peace or comfort
of another person or persons; or of such a nature as to be or become
harbors or breeding places for mosquitoes, ants, flies, rats, mice
or other insects, animals or vermin, whether left or deposited upon
private premises owned, occupied or controlled by persons causing
or permitting the same or upon private premises owned, occupied or
controlled by persons causing or permitting the same or upon any public
street, sidewalk, alley, parkway, public enclosure or vacant lot;
all water, steam and condensation drained from any liquid emitted
from or thrown upon any sidewalk, parkway, alley or street from any
place occupied by a commercial or business structure or any appurtenances
thereto belonging.
17.
Factories and all places of business causing an offensive odor to
a greater extent than is required for the necessary prosecution or
carrying on of such business.
18.
Hog pens or hog pastures.
19.
Limbs of trees projecting over the sidewalk or street at a height
of less than ten (10) feet.
20.
Stables, stalls, sheds, barns, pens, yards or enclosures in which
any horses or cattle have been kept which are in an unclean condition.
21.
All substances or things which cause an odor disagreeable to the
surrounding neighborhood.
22.
All other acts, practices, conduct, business, occupation callings,
trades, uses of property and all other things detrimental or certain
to be detrimental to the health of the inhabitants of the City of
Ozark.
B.
Unlawful To Cause, Maintain Within City Or One-Half Mile Thereof. 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 Ozark or within one-half (½) mile of the corporate limits
of the City of Ozark, 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.
C.
Authority To Abate Emergency Cases. In cases where it reasonably
appears that there is an immediate danger to the health, safety or
welfare of the public due to the existence of a nuisance, the City
shall have authority to immediately abate the nuisance in an appropriate
manner.
D.
Abatement — Procedure Generally. Whenever the Board
of Aldermen receives notification that a nuisance may exist, it shall
proceed as follows, except as may be otherwise provided herein:
1.
It shall investigate the same. The Board may order
any person who has caused or is maintaining the nuisance to appear
before the Board at such time and place as the Board may direct to
show cause, if any, why that person should not abate the nuisance.
Every person required to appear before the Board shall have at least
ten (10) days' notice thereof.
2.
Such notice shall be signed by the Health Officer or Chief of Police
and shall be served upon that person by delivering a copy thereof
to the person, or by leaving a copy at his/her residence with some
member of the family or household over fifteen (15) years of age,
or upon any corporation by delivering the copy thereof to the President
or to any other officer at any business office of the corporation
within the City. If the notice cannot be given for the reason that
the person named in the notice or his/her agent cannot be found in
the City, of which fact the return upon such notice of the officer
serving the same shall be conclusive evidence, such notice shall be
published in a daily newspaper for three (3) consecutive days, if
a daily, or once, if a weekly paper, giving at least ten (10) days'
notice from the final publication date of the time fixed for the parties
to appear before the Board.
3.
If after hearing all the evidence the Board of Aldermen may determine
that a nuisance exists, it may direct the Health Officer or Chief
of Police or other City Official to order the person to abate the
nuisance within twenty (20) days or within such other time as the
Board may deem reasonable. Such order shall be served in the manner
provided in this Section for service of the order to show cause. The
order may further provide that the appropriate City Official be directed
to abate the nuisance if the order is not obeyed within the time period
set by the Board, and that a special tax bill be issued for the costs
of abating the nuisance.
4.
If the order has not been obeyed within the time period set by the
Board, the appropriate City Official shall proceed to abate the nuisance
in the manner provided by the order of the Board, and the cost of
same, if ordered by the Board, may be assessed as a special tax against
the property so improved or upon which such work was done; and, if
so ordered, the City Clerk shall cause a special tax bill therefor
against the owner thereof when known, and if not known then against
the unknown persons, and the certified bills of such assessment shall
describe therein the property upon which the work was done.
5.
The bills for the above work shall be recorded and shall be collected
and paid as provided for the collection of other special tax bills
for the repairing of sidewalks or grading or paving of streets and
shall be a lien on the property.
6.
The cost of abating nuisances on private property shall be levied
and assessed on each lot in proportion to the amount of work done
and material used in abating the nuisance located on each such lot.
7.
Authority of police to enter premises, etc., for purpose
of removing or abating nuisances. Police Officers and other
employees of the City authorized by the Chief of Police are hereby
authorized and required to go, in the daytime, in and upon any house,
building, lot or premise, whether public or private, for the purpose
of removing or abating any nuisance, when abatement of a nuisance
is ordered under the provisions of this Chapter.
[Ord. No. 19-070, 8-19-2019]
A.
If
there are proceeds of any insurance policy based upon a covered claim
payment made for damage or loss to a building or other structure caused
by or arising out of any fire, explosion, or other casualty loss,
and said covered claim payment exceeds fifty percent (50%) of the
face value of the policy covering said building or other structure,
then the insurer shall pay to the City a sum equal to twenty-five
(25%) of the covered claim within thirty (30) days of the determination
of coverage, to be held by the City in an interest-bearing account.
Said proceeds shall be used to reimburse the City for its costs in
the removal of said building or other structure, if necessary.
B.
The City shall release the proceeds paid to it pursuant to subsection (A) of this Section to the insured or in accordance with the provisions of the insurance policy and endorsements thereto as directed by the insurer unless within thirty (30) days after receipt of the insurance proceeds the designated official of the City has commenced an action under Section 500.010, et seq., for the building or other structure to be repaired, secured, or demolished.
C.
The
City shall apply the insurance proceeds first to the cost of the removal
of any building or other structure found to be a nuisance under the
Municipal Code of the City of Ozark, Missouri, less any salvage value,
prior to the expenditure of any City funds. Should any balance of
insurance proceeds remain in the interest-bearing account after the
expense of removal of such building or structure has been paid, the
balance shall be paid over to the insured.
D.
Nothing
in this Section shall be construed to affect the priority of a named
mortgagee on the insurance policy to the proceeds of the policy.
E.
It
shall be unlawful for an insurance carrier to fail to pay insurance
proceeds to the City after being notified pursuant to this Section.
