City of Belle, MO Article I Generally

Section 215.010 Nuisances Affecting Health.

[CC 1990 §12-15; CC 1978 §703; Ord. No. 327 §1, 3-10-1998]

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 Belle.

11. 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.

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 and fowls in any area within the City not zoned for agricultural uses except pet cats and dogs, animals in public or licensed zoos, and farm animals in laboratories.

14. Unlicensed dumps and licensed dumps not operated or maintained in compliance with the ordinances of the City of Belle and the Statutes of the State of Missouri.

15. No person shall discharge or cause to be discharged into a storm water 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. Any stable, stall, shed, or compartment, or any yard or appurtenance thereof in which any horse, cattle, cows, swine, dogs, rabbits, or any other animal, chickens, or any other fowl shall be kept, or any place in which manure or liquid discharges of such animal shall collect or accumulate, and which stable, stall, shed, or compartment, or any yard or appurtenance thereof is not kept in a cleanly and wholesome condition, so that no offensive animal smell shall be allowed to escape therefrom, provided that nothing in this Article shall be so construed as to include manure deposits upon any private property for the purpose of cultivating the same.

17. The accumulation upon any premises, lot or parcel of ground, or the discharge thereof upon any public street, alley, sidewalk, or other public places or private property, any urine, liquid waste from stables, swill, water from privy vaults, wastewater, filthy wash water, or any foul or nauseous liquid waste of any kind whatever.

18. The accumulation or existence upon any premises, lot or parcel of ground of any putrid or unsound meat, pork, fish, hides, decayed vegetables or food, manure, filthy ash heaps, garbage, offal, rubbish, dirt or filth of any kind which, by its decay or putrefaction, could or would become offensive to human beings, or detrimental to health, or which by its existence might harbor rats or other rodents.

19. Throwing or depositing or causing to be deposited in any street, alley, or public or private property or other public place any garbage, refuse, filth, debris, offal, the carcass of any animal or part thereof, any filthy water or manure, or other offensive matter, or causing or permitting such or any offensive matter to collect or remain in any place to the prejudice or annoyance of others.

20. Any unclean, stinking, foul, odorous, or filthy drain, tank, or gutter, or any leaking, broken slop, garbage or manure boxes, receptacle, or dumpster of like character.

21. All vegetable waste, litter, garbage, filth or refuse of any nature, kind, or description whatsoever found in or upon any private or public property.

22. Any dirt gathered in cleaning yards, waste of mills or factories, 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 found upon any lot or piece of ground.

23. The throwing or depositing or causing to be deposited into any sewer inlet or fixture which has a sewer connection any article whatever that may cause the sewer to choke up or otherwise create a nuisance.

24. Any water, leakage, seepage, or moisture in any cellar, basement or part thereof of any house or building occasioned by leakage from defective hydrants, water pipes, sewer pipes, cisterns, or wells, gutters, drains, rainspouts or seepage from the surrounding earth.

25. Any open, uncovered or unprotected well or cistern on any premises, or any well or cistern containing water which an analysis disclosed to be impure or unwholesome in nature.

26. Any water accumulating and remaining, continuing or stagnating upon, in or about any lot, tract or piece of ground, or any barrels, buckets, kegs, tubs, cans or vessels of any kind whatsoever caused or permitted to be thrown, placed or remain upon any lot, property or grounds in said City that might, could or would catch, hold, contain or retain water in which mosquitoes or insects, bugs, worms or living creatures might be bred, hatched, raised or allowed to remain or accumulate.

27. Every privy, privy vault, cesspool, or water closet, or any other receptacle whatever, of human excrement, which is in an overflowing, leaking, full, insecure or defective condition, or kept in such condition as to emit an offensive, noxious or disagreeable odor.

28. Any animal squeal, bawl, bellow, whine, bray or bark which is annoying to the public.

29. The erection, continuance or use of any building, room or other place in said City for the exercise of any trade, employment or manufacture which by occasioning noxious exhalations, offensive odors or other annoyances is discomforting or offensive or detrimental to the health of individuals or of the public.

30. 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 Belle.

31. The maintaining, doing, keeping or permitting the maintaining, doing or keeping of anything injurious and/or offensive to the public health, safety, welfare, and/or peace and comfort to the residents or community.

[Ord. No. 564, 4-13-2015]

32. No person shall permit any junked or abandoned vehicle(s), or vehicle(s) which do not contain a windshield and windows on the sides and back of the vehicle(s), to be stored or parked on any premises occupied by or owned by the person, except inside an enclosed building or garage. A vehicle shall be considered junked or abandoned if it is not in operable condition for a consecutive period of thirty (30) days. Vehicles that are being restored by the owner shall not fall within said definition, provided said restoration is in progress on a continuous basis and the owner establishes a date for completion of such work. The established date of completion must be filed with the Belle Police Department. After the completion date, if such vehicle is not operable it shall be deemed junked and subject the owner to the requirements of this Section.

[Ord. No. 564, 4-13-2015]

33. It shall be unlawful for the owner or occupant of a structure or property to utilize the exterior premises of such property for the open storage of any junk vehicles/vehicle parts, other junk motorized implements, farming implements, appliances, furniture (excluding garden or patio furniture intended for outdoor use and barbeque grills), building demolition/remodeling rubbish, boxed or bagged household waste or any other similar items. For the purpose of this Section, "open storage" shall be defined to include all storage on the premises which is not inside an enclosed building. This includes storage on porches, storage under open carports or breezeways, storage in open garages not equipped with a door, storage inside yards or similar areas visible from the public right-of-way or neighboring occupants.

[Ord. No. 564, 4-13-2015]

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 Belle or within one-half (½) mile of the corporate limits of the City of Belle, 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. Abatement Generally.

[Ord. No. 603, 12-8-2020]

1. 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.

2. 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:

a. 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 (15) years.

b. Mailing a copy to such person at such place or address by United States certified mail return receipt.

c. 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 lienholder of the property, if any, as documented therein, is and cause a written notice to be served on such lienholder by United States mail return receipt.

3. 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 order that restitution in the amount of the abatement be deemed against the defendant.

4. 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.

5. 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.

6. 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.