[1]
Editor's Note — Ord. no. 2730 §1, adopted August 3, 2010, repealed sections 225.210 — 225.330 of article II "nuisances" and enacted new provisions set out herein. Former sections 225.210 — 225.330 derived from CC 1976 §§17-32 — 17-41; ord. no; 1503 §§23 — 33, 12-1-87; ord. no. 2013 §§1 — 2, 11-4-97; ord. no. 2272 §§1 — 2, 2-5-02.
[Ord. No. 2730 §1, 8-3-2010]
No person shall cause, permit, keep or maintain any nuisance,
as defined by the laws of this State or provisions of the City's ordinances,
nor shall any person contribute to the causing, committing, keeping
or maintaining of any such nuisance within the City of Pacific or
within one-half (½) mile thereof as prescribed by Section 71.780,
RSMo. No person shall fail or refuse to abate or remove a nuisance
within the time required by the City as specified in this Article.
Each day that a nuisance shall be maintained constitutes a separate
offense.
[Ord. No. 2730 §1, 8-3-2010]
A.
In
addition to any other act declared by State Statute or ordinance to
be a nuisance, the following are declared to be, but shall not be
limited to, 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 twelve (12)
hours after death.
5.
Accumulations, wheresoever they may occur, of debris of any kind
including, but not limited to, weed cuttings, cut, fallen, or hazardous
trees and shrubs, lumber not piled or stacked twelve (12) inches off
the ground, rocks or bricks, tin, steel, parts of derelict cars or
trucks, broken furniture, appliances, manure, rubbish, garbage, refuse,
any flammable material which may endanger public safety or any material
or condition which is unhealthy or unsafe.
6.
Privy vaults or garbage cans which are not fly-tight, that is, privy
vaults or 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
qualities, 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 garbage or rubbish disposal which is not equipped
with a water-tight 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.
11.
Any and all infestations of flies, fleas, roaches, lice, ticks, rats,
mice, fly maggots, mosquito larvae and hookworm larvae.
12.
The keeping of animals, other than cats and dogs, and fowls in any
area within the City except for Non-Urban "NU" zones, animals in public
or licensed zoos, and farm animals in laboratories.
13.
Unlicensed dumps, and licensed dumps not operated or maintained in
compliance with the ordinances of the City of Pacific and the laws
and regulations of the applicable County or of the State of Missouri.
14.
The discharge into a storm water system of 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.
15.
All other acts, practices, conduct, businesses, occupations, 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
Pacific and surrounding areas.
16.
Aboveground storage tanks or other containers for gasoline or other
volatile fluid.
17.
The burning of garbage, refuse, waste, leaves, straw or other
combustible materials in any ash pit, stove or incinerator or in any
street, alley or any private property except:
[Ord. No. 2964 §1, 8-2-2016]
a.
When the burning of garbage, refuse, waste, leaves, straw or other combustible materials is allowed by the Director of the Solid Waste Management Program of the City under Section 240.030, consistent with State and local laws and fire district regulations; or
b.
When the burning of wood is contained in an outdoor fire pit
or fireplace located on private property and where the wood being
burned has a total fuel area of three (3) feet (914 mm) or less in
diameter and two (2) feet (610 mm) or less in height for pleasure,
religious, ceremonial, cooking, warmth or similar purposes, consistent
with State and local laws and fire district regulations.
18.
All privies or private vaults not connected with a sanitary sewer
where available, or with an efficient septic tank in areas where sanitary
sewers are not available.
19.
Any dirt gathered in the cleaning of yards, waste from industrial
or business establishments, or any rags, damaged merchandise, wet,
broken or leaking barrels, casks or boxes, or any materials which
are offensive, or tend by decay to become putrid or to render the
atmosphere impure or unwholesome.
20.
Perforated, punctured, ruptured, broken, cracked or leaking sanitary
sewer lateral lines.
21.
The removal or destruction of vegetation or the failure to establish
or maintain such vegetation on property within the City of Pacific
so as to cause or be very likely to cause damage to, or otherwise
adversely affect, adjoining private or public streets, storm sewers
or properties due to soil erosion or siltation.
22.
The keeping or allowing to remain on any premises any trees, shrubs,
or other vegetation infected with fungus or any other disease that
will or might spread to other non-infected trees, shrubs or other
vegetation.
23.
All substances which emit or cause foul, obnoxious, unhealthy or
disagreeable odors or effluvia in the neighborhood where they exist.
24.
Abandoned, discarded, or unused objects or equipment including, but
not limited to, automobiles, furniture, and household appliances.
[Ord. No. 2730 §1, 8-3-2010]
The City is authorized to provide for the abatement of a condition
of any lot or land that has the presence of a nuisance as provided
in this Article, including, but not limited to, any nuisance which
may endanger public safety or which is unhealthy or unsafe and declared
to be a public nuisance.
[Ord. No. 2730 §1, 8-3-2010]
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 Mayor or his/her designee shall have the authority
to order the immediate abatement of the nuisance in an appropriate
manner or the immediate vacation of the vicinity.
[Ord. No. 2730 §1, 8-3-2010]
A.
If
the Mayor or his/her designee has reason to believe that a nuisance
is being maintained within the City, the City shall notify the person
causing, maintaining or permitting the same to forthwith remove, terminate
or abate such nuisance within seven (7) days of receiving such notice.
Such notices shall be given either personally or by first class United
States mail to the owner or owners, or the owner's agents, or by posting
such notice on the premises and shall include a statement of the condition
constituting such nuisance and those actions necessary to remove,
terminate or abate same.
B.
Should
the person so notified fail to remove, terminate or abate such nuisance
within seven (7) days of receiving notice, the City may cause the
same to be promptly removed, terminated or abated pursuant to Section
67.398, RSMo., and thereafter certify the cost of such corrective
action to the City Clerk who shall cause a special tax bill to be
issued in that amount against the property from which the nuisance
was removed, terminated or abated, the same to be collected with other
taxes assessed against the property. If the City causes such condition
to be removed or abated, the cost of such removal 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,
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 first (1st) lien on the property until paid.
C.
The
certified costs associated with the removal, termination or abatement
of such nuisance shall include all expenses incurred by the City in
the removal of the nuisance including, but not limited to, the actual
cost of inspecting the land or lot, the actual cost of service of
notice as provided herein, the actual cost of abatement, reasonable
attorneys' fees, and, if a tax bill is recorded, the actual cost for
issuing and recording the tax bill. Such tax bills if not paid when
due shall bear interest at the rate of eight percent (8%) per annum
or the statutory rate, whichever is higher.
D.
Nothing
in this Section shall limit the right of the City or the Mayor to
seek any other remedy available allowed by law in addition to or in
lieu of the remedy specified herein.
[Ord. No. 2730 §1, 8-3-2010]
The City may issue a complaint for any person who fails to remove
or abate a nuisance after such notice to abate and such failure shall
be a separate offense in violation of this Code. Jurisdiction of the
case shall proceed in all respects as in other cases of ordinance
violations.
[Ord. No. 2730 §1, 8-3-2010]
In addition to any other remedies or penalties established by
law, the Mayor may, on behalf of the City and after approval by the
Board of Aldermen, apply to a court of competent jurisdiction for
such legal or equitable relief as may be necessary to require the
abatement of any nuisance defined by this Article. In such action
the court may grant such legal or equitable relief, including, but
not limited to, mandatory or prohibitory injunctive relief, as the
facts may warrant. Upon the successful prosecution of any such action,
the City may be awarded by the court reasonable attorneys' fees in
accordance with Section 79.383, RSMo.
[Ord. No. 2730 §1, 8-3-2010]
The Board of Aldermen is hereinafter authorized and empowered
to make and adopt or revise or revoke such rules and regulations as
they deem proper and necessary for the implementation of these provisions
for the better protection of the health, welfare and safety of the
City. In doing so, applicable Federal, State, and local standards
regarding fire prevention, pollution control, public safety, nuisance
and health regulations shall be given due consideration. Such adoption,
revision or revocation shall become effective thirty (30) days after
enactment by said Board of Aldermen. Any pre-existing rules or regulations
enacted or otherwise adopted pursuant to the former Section 225.280
of the City's Code are hereby repealed in their entirety.
[Ord. No. 2730 §1, 8-3-2010]
Any person, firm or corporation violating any provisions of
this Article shall, upon conviction, be punished by a fine not exceeding
five hundred dollars ($500.00), or by imprisonment not exceeding three
(3) months, or by both such fine and imprisonment for each offense.
A separate offense shall be deemed committed on each day during or
which a violation occurs or continues.
[Ord. No. 3069, 6-19-2018]
A.
ACCESS
ACCESS WARRANT or WARRANT
OWNER
PROBABLE CAUSE
Definitions. For the purposes of this Section, the following terms
shall have the following meanings:
The physical presence of the City on property for the purpose
of inspecting, repairing, removing, abating or demolishing a public
nuisance or physical conditions located or existing on private property.
Access for inspection purposes may include the photographing, copying
or recording of property to determine or prove the existence of a
public nuisance and violations of the housing and property maintenance
requirements of the City or as necessary for abatement purposes.
A written order executed by the Municipal Judge authorizing
access to property as provided in this Section.
A person having an ownership interest in the property to
be accessed and the term shall include any lessor or renter of the
property and any occupant of any structure located on the property.
The reasonable cause to believe that an ordinance or Code
Section of the City relating to the use or condition of property is
being violated because of the existence of a public nuisance or other
physical conditions on such property.
B.
The Municipal Judge having original and exclusive jurisdiction to
determine violations against the ordinances of the City may issue
an access warrant authorizing access to property upon a finding of
probable cause as provided herein when:
C.
Any such warrant shall be directed to the Chief of Police or any
other Police Officer of the City and shall be executed by the Chief
of Police or said Police Officer only upon the property identified
in the warrant and not elsewhere.
D.
Who May Apply For Warrant — Contents Of Application.
1.
Any Police Officer or an attorney of the City may make application
to the Municipal Judge for the issuance of an access warrant.
2.
The application shall:
a.
Be in writing;
b.
State the time and date of the making of the application;
c.
Identify the property to be accessed in sufficient detail and
particularity that the officer executing the warrant can readily ascertain
it;
d.
State that the owner of the property to be accessed has been
requested by the City to allow such access and has refused to allow
same;
e.
State facts sufficient to show:
(1)
That probable cause exists for the issuance of
the warrant;
(2)
The purpose of the access requested, including
the applicable ordinance or Code Section suspected or alleged to have
been violated; and
(3)
That any due process required by law has been afforded
the owner prior to the access requested;
f.
Be verified by the oath or affirmation of the applicant; and
g.
Be signed by the applicant and filed with the Municipal Judge.
3.
The application may be supplemented by a written affidavit verified
by oath or affirmation. Oral testimony shall not be considered.
E.
Hearing Procedure — Issuance.
1.
The Municipal Judge shall hold a non-adversary hearing to determine
whether probable cause exists to authorize access to the property.
2.
If it appears that the application and any supporting affidavit
that probable cause exists and that the access authority requested
by the City is reasonable in light of the suspected or alleged ordinance
or Code violation, the Municipal Judge may issue an access warrant.
3.
In determining whether probable cause exists and whether the
access authority requested by the City is reasonable, the Municipal
Judge shall consider the goals of the ordinance or Code Section sought
to be enforced, the privacy interests of the owner, if any, and such
other factors as may be appropriate, including, but not limited to,
the physical condition of the property, the age and nature of the
property, the condition of the area in which the property is located,
and the known violation of any relevant City ordinance or Code Section.
4.
The warrant shall issue in the form of an original and two (2)
copies, and the application, any supporting affidavit and one (1)
copy of the warrant as issued shall be retained in the records of
the Municipal Judge.
F.
Contents Of Access Warrant. The access warrant shall:
1.
Be in writing and in the name of the City;
2.
Be directed to any Police Officer in the City;
3.
State the time and date the warrant was issued;
4.
Identify the property to be accessed in sufficient detail and
particularity that the officer executing the warrant can readily ascertain
it;
5.
Identify the City ordinance or Code Section suspected or alleged
to have been violated;
6.
Command that the property be accessed for the purpose specified
in the warrant and no other;
7.
Command that any property or evidence repaired, removed, abated,
demolished, photographed, copied or recorded as a result of such access,
or a description of such property or evidence, be returned within
ten (10) days (or such time as may be allowed by the Municipal Judge
as provided in the ordinances of Pacific after filing of the application)
to the Municipal Judge who issued the warrant, to be dealt with according
to law;
8.
Be signed by the Judge, with his/her title of office indicated.
G.
Execution.
1.
An access warrant shall be executed only by a City Police Officer,
provided, however, that one (1) or more City Officials responsible
for the enforcement of the ordinance or Code Section at issue may
accompany the officer. The warrant shall be executed by conducting
access commanded and shall be executed as soon as practicable and
in a reasonable manner. The officer shall give the owner of the property
accessed a copy of the warrant.
2.
An access warrant shall expire if it is not executed and the
required access made within ten (10) days after the date of the making
of the application, but the Municipal Judge may extend the time of
return in his/her discretion as circumstances might require.
3.
If any property is removed incident to the access, the officer
shall give the person from whose possession it was taken, if the person
is present, an itemized receipt for the property taken. If no such
person is present, the officer shall leave the receipt at the site
of the search in a conspicuous place. A copy of the itemized receipt
of any such property shall be delivered to an attorney for the City
within two (2) working days of the access. The disposition of such
property shall be in accordance with the applicable City ordinance
or Code Section, but in the absence of same, then disposition shall
be controlled by Section 542.301, RSMo., as amended.
H.
Return.
1.
After execution of the access warrant, the warrant, with a return
thereon signed by the officer making the search, shall be delivered
to the Municipal Judge.
2.
The return shall show the date and manner of execution and the
name of the possessor and of the owner, when not the same person,
if known, of the property accessed or removed.
3.
The return shall be accompanied by any photographs, copies,
or recordings made, and by any property removed, along with a copy
of the itemized receipt of such property required by Pacific ordinances
hereof; provided, however, that property may be disposed of as required
or allowed by law, and property which cannot be returned to the Municipal
Judge because of its size or other physical condition may be stored
by the City in accordance with law, and in either such case a description
of the property shall accompany the return.
4.
The Municipal Court Clerk, upon request, shall deliver a copy
of the return to the possessor and the owner, when not the same person.
I.
Warrant Invalid When. An access warrant shall be deemed invalid:
1.
If it was not issued by the Municipal Judge;
2.
If it was issued without a written application having been filed
and verified;
3.
If it was issued without sufficient probable cause;
4.
If it was not issued with respect to property located in the
City;
5.
If it does not describe the property to be accessed with sufficient
certainty;
6.
If it is not signed by the Municipal Judge who issued it; or
7.
If it was not executed and the required return made within ten
(10) days, or such other time as allowed by the Municipal Judge, after
the date of the making of the application.
J.
Effect Of Warrant. Nothing in this Section shall be construed to
deprive any owner of any right to notice or hearing or such other
due process as may be provided by local, State or Federal law, and
in such event the issuance, execution, return and disposition of property
by the City shall conform to the applicable due process requirement.
