Cross Reference — As to dangerous buildings, ch. 505.
[R.O. 2011 §225.010; Ord. No. 010-2008, 6-16-2008; Ord. No. 002-2009 §§1
— 2, 5-18-2009]
It shall be unlawful for any person to cause, permit, maintain
or allow the creation or maintenance on premises owned or controlled
by such person a nuisance, as defined by the laws of the State of
Missouri, this Chapter, or any other ordinance of the City.
[R.O. 2011 §225.020; Ord. No. 010-2008, 6-16-2008; Ord. No. 002-2009 §§1
— 2, 5-18-2009]
A.
For
the purposes of this Chapter, the word "nuisance" is hereby defined as any person doing an unlawful act, or omitting
to perform a duty, or suffering or permitting any condition or thing
to be or exist, which act, omission, condition or thing either:
1.
Injures or endangers the comfort, repose, health, or safety of others;
or
2.
Offends decency; or
3.
Is offensive to the senses; or
4.
Unlawfully interferes with, obstructs or tends to obstruct or renders
dangerous for passage any public or private street, highway, sidewalk,
stream, ditch, or drainage; or
5.
In any way renders other persons insecure in life or the use of property;
or
6.
Essentially interferes with the comfortable enjoyment of life and
property, or tends to depreciate the value of the property of others.
[R.O. 2011 §225.030; Ord. No. 010-2008, 6-16-2008; Ord. No. 002-2009 §§1
— 2, 5-18-2009]
A.
The
maintaining, using, placing, depositing, leaving, or permitting to
be or remain on any public or private property any of the following
items, conditions or actions are hereby declared to be and constitute
a nuisance; provided however, that such listing shall not be deemed
or construed to be conclusive, limiting, or restrictive:
1.
Animal hides. Green or unsalted hides kept in an
exposed or open place.
2.
Animal pens, stables, etc. Stables, stalls, sheds,
pens or yards in which any hogs, horses, cattle, chickens, poultry,
ducks, sheep, goats or other agricultural animals have been kept which
are in an unclean condition.
3.
Carcasses of animals and fowl. Carcasses of animals
or fowl remaining exposed for more than six (6) hours after death.
4.
Garbage, trash, filth, etc. Garbage, trash, refuse,
junk, filth, ashes, slops, excrement, stones, straw, soot, manure,
waste or discarded materials, all sorts of decaying animal matter,
decaying fruit or vegetables or other vegetable matter, broken wares,
part of automobiles or other machines, scrap iron or other metals,
broken glass, discarded clothing, scrap or salvage material, old tires,
buckets or unused containers, paper, dead animals or any other offensive
or disagreeable substances or thing deposited in such a quantity or
in such a condition as to be offensive to sight or smell or a menace
to health, safety, peace or comfort whether left or deposited upon
private premises owned, occupied, or controlled by persons or corporations,
causing or permitting the same; or upon any public street, sidewalk,
alley, parkway, public enclosure or vacant lot. Garbage deposited
otherwise than in approved containers for removal shall be deemed
a nuisance.
5.
Odors. All disagreeable or obnoxious odors and stenches,
as well as the conditions, substances or other causes which give rise
to the emission of generation of such odors and stenches.
6.
Dead trees and dead limbs. Dead trees and dead limbs
of trees so located that the falling thereof would endanger the safety
of persons using any public sidewalks in said City, or endanger the
safety of any pedestrian or occupant of any motor vehicle traveling
upon any public street.
7.
Tree limbs and branches. Tree limbs and branches
which overhang any public sidewalk or public street of such height
above the sidewalk or street as shall impede and interfere with the
use of said sidewalk by any person, or impede or interfere with the
use of said street by a pedestrian or the operator of any motor vehicle,
or shall endanger the safety of any person using any public sidewalk,
or endanger the safety of any pedestrian or occupant of any motor
vehicle traveling upon any public street.
8.
Weeds. Any lawn or improved lot, tract, or parcel
having grass or weed growth in excess of twelve (12) inches high,
except that said lot, tract or parcel be zoned as agricultural property
and located not less than one hundred fifty (150) feet from any populated
residential neighborhood.
9.
Vermin and pests. Any condition which provides harborage
or breeding for rats, mice, snakes, mosquitoes, ants, flies, cockroaches
and other animals or vermin.
10.
Dilapidated buildings. Any building, barn, shed
or other structure which is in such a dilapidated condition that it
is unfit for human habitation, or kept in such an unsanitary condition
that it is a menace to the health of people residing in the vicinity
thereof, or presents a more than ordinarily dangerous fire hazard
in the vicinity where it is located.
11.
Noises. All unnecessary or unauthorized noises and
annoying vibrations, including animal noises.
12.
Water pollution. The pollution of any well or cistern,
stream, lake, canal, pond, pool or body of water by sewage, dead animals,
creamery, industrial wastes or other substances.
13.
Violation of law. Any building, structure or other
place or location where an activity which is in violation of local,
State or Federal law is conducted, performed or maintained.
14.
Stagnant water. Any accumulation of stagnant water
permitted or maintained on any lot or piece of ground.
15.
Debris. Debris shall be defined as any rubbish and trash, lumber not piled or stacked twelve (12) inches off the ground, rocks or bricks, tin, steel, parts of derelict cars or trucks, broken furniture, discarded material and other personal property or other material which is found on any lot or land that is unhealthy or unsafe, provided that it is described in detail in the notice that is required in Section 225.050.
[Ord. No. 001-2018, 3-26-2018]
[R.O. 2011 §225.040; Ord. No. 010-2008, 6-16-2008; Ord. No. 002-2009 §§1
— 2, 5-18-2009]
The City Administrator or his/her duly authorized representative
shall inspect or cause to be inspected any lawn, tract, parcel, unimproved
lot, street, alley, avenue, highway, or private property at the complaint
of another or at his/her own instance for the purpose of determining
if there exists a condition in violation of this Chapter.
[R.O. 2011 §225.050; Ord. No. 010-2008, 6-16-2008; Ord. No. 002-2009 §§1
— 2, 5-18-2009; Ord. No. 013-2014 §§1
— 2, 1-20-2014]
A.
When a public nuisance as described in this Chapter is found to exist
on any public or private property, the City Administrator shall so
declare and give written notice which shall at a minimum:
1.
Declare that a public nuisance exists;
2.
Describe the condition which constitutes such nuisance;
3.
Order the removal or abatement of such condition within seven
(7) days from the date of receipt of such notice;
4.
Describe the location of the property (using the mailing or
popular address rather than a legal description when reasonably possible
to do so);
5.
State that if the owner, occupant, lessee, person in possession, mortgagee, agent, and/or any other persons having an interest in the property fail to begin removing the nuisance within the time allowed, or upon failure to pursue the removal of such nuisance without unnecessary delay or good cause, such owner, occupant, lessee, person in possession, mortgagee, agent, and/or any other persons having an interest in the property may be cited in Municipal Court for violating this Chapter and shall, upon conviction in Municipal Court, be subject to punishment as specified in Section 225.070 of Chapter 225 hereinafter.
[R.O. 2011 §225.060; Ord. No. 010-2008, 6-16-2008; Ord. No. 002-2009 §§1
— 2, 5-18-2009; Ord. No. 013-2014 §§1,
3, 1-20-2014]
Whenever under this Chapter a notice is required to be served
upon the persons interested in the public or private land, the notice
shall be served on one (1) or more of the following persons: owner,
occupant, lessee, person in possession, mortgagee, agent, and/or any
other persons having an interest in the property. The notice shall
be served, if the party or parties to be served reside in the City,
by handing the notice to the person to be served by anyone competent
to be a witness, or by certified mail. If otherwise unsuccessful,
notice can be made by publication or posting on the premises of ten
(10) days' notice of the City's intent to cite any person
having an interest in the property to Municipal Court.
[R.O. 2011 §225.070; Ord. No. 010-2008, 6-16-2008; Ord. No. 002-2009 §§1
— 2, 5-18-2009; Ord. No. 013-2014 §§1,
4, 1-20-2014]
A.
If the owner, occupant, lessee, person in possession, mortgagee,
agent, and/or any other person having an interest in the property
fails to begin removing the nuisance within seven (7) days, or upon
failure to pursue the removal of such nuisance without unnecessary
delay or good cause, such owner, occupant, lessee, person in possession,
mortgagee, agent, and/or any other person having an interest in the
property may be cited in Municipal Court for violating this Chapter
and shall, upon conviction in Municipal Court, be subject to the following
punishment:
B.
An owner, occupant, lessee, person in possession, mortgagee, agent and/or any other person having an interest in the property and cited in Municipal Court must have first received, by personal service or certified mail, the written notice described in Section 225.050 or received a citation as specified in Section 225.080. Each day that a violation continues shall constitute a separate and distinct offense.
[R.O. 2011 §225.080; Ord. No. 010-2008, 6-16-2008; Ord. No. 002-2009 §§1
— 2, 5-18-2009; Ord. No. 013-2014 §5, 1-20-2014]
In addition to the nuisance procedures outlined in Sections 225.050 and 225.060 of Chapter 225, the City Marshal and his deputies are authorized to issue citations to any person having an interest in property in which an officer has probable cause to believe that a nuisance or nuisances, as defined in Chapter 225, exists. Said citation shall specify the nature of the alleged violation, the applicable section of Chapter 225, the possible fine which may be assessed upon a finding of guilt and the time, date and place the person or persons cited are to appear in Municipal Court. No notice other than the citation shall be given.
[1]
Editor's Note: Former Section 225.080, Abatement by City,
as adopted and amended by R.O. 2011 §225.080; Ord. No. 010-2008,
6-16-2008; Ord. No. 002-2009 §§1 — 2, 5-18-2009, was
repealed 1-20-2014 by Ord. No. 013-2014 §1.
[Ord. No. 001-2018, 3-26-2018]
Enforcement of this Chapter may, in the alternative, be abated by the City of Cabool upon direction of the City Administrator in accordance with the procedures set forth in Chapter 225 of the Code. In the event that the nuisance, as described in this Chapter is found, the City may use its resources to abate the nuisance or it may use the alternative nuisance abatement procedures set forth in Section 225.050 of this Chapter. The costs incurred by the City of Cabool, Missouri, to abate any nuisance, shall be certified to the City Clerk, who shall cause a special tax bill against the property to be prepared and collected by the City Collector. The special tax bill from the date of its issuance shall be deemed a personal debt against the property owner, and shall in addition be a lien on the lot, tract, or parcel or land until paid and shall be registered in the office of the City Collector in a book to be kept by him/her for such purposes. The tax bill shall be collected by the City Collector.
[1]
Editor’s Note: Former Section 225.090, Enforcement,
as adopted and amended by R.O. 2011 §225.090; Ord. No. 010-2008,
6-16-2008; Ord. No. 002-2009 §§1— 2, 5-18-2009, was
repealed 1-20-2014 by Ord. No. 013-2014.
[R.O. 2011 §225.100; Ord. No. 010-2008, 6-16-2008; Ord. No. 002-2009 §§1
— 2, 5-18-2009]
Any suit brought against any officer, agent, or employee of
the City as a result of any acts required or permitted under this
Chapter shall be defended by the City Attorney until the final determination
of the proceedings, and if judgment shall be obtained, it shall be
paid by the City's insurance carrier. It is hereby further declared
that no officer, agent or employee of the City owes any duty under
the provisions of this Chapter to any citizen or other individual
but that the duties prescribed herein are imposed upon officers, agents
or employees of the City are duties to be performed for the government
of the City.
[R.O. 2011 §225.110; Ord. No. 010-2010, 10-10-2010]
A.
"Junked or wrecked vehicle" shall mean any vehicle which
has been wrecked or demolished to such a degree that it can no longer
be operated without repair, or which has broken down and no longer
can be operated without repair.
B.
"Inoperable motor vehicle" shall mean any vehicle of which
the engine, wheels or other parts have been altered, damaged or otherwise
segregated and the vehicle is incapable of being driven under its
own motor power, or is in such a non-operating condition that it will
not pass Missouri State inspection as required by Section 307.350,
RSMo., as amended, without repair, or is not registered or is improperly
registered with the State, or has been inoperable for more than ninety-six
(96) hours.
C.
"Vehicle", as used in this Chapter, shall mean any machine
propelled by power other than by man power designed to travel along
or over the ground by use of wheels, treads, runners, slides and including,
but not limited to, automobiles, trucks, motor vehicles, tractors,
and motorcycles or any part of portion thereof.
[R.O. 2011 §225.120; Ord. No. 010-2010, 10-10-2010]
Any and all junked, wrecked, or inoperable motor vehicles, or
parts thereof, as defined by this Chapter, located, stored, or maintained
in any area of the City, whether the same be upon residential lots,
streets, alleys, avenues, highways, or upon private property, are
hereby by this Chapter declared to be public nuisances.
