State Law Reference — Expense of suppression of nuisances
paid, §71.780, RSMo.
[R.O. 2007 §15-13; Ord. No. 6914 §1, 9-18-2006]
Section 67.398, RSMo., provides the Governing Body of a City
may declare the presence of certain debris and conditions upon any
property to be a public nuisance and that the costs incurred by the
City in removing or abating such nuisance conditions may be recovered
from the owner of the offending property either by including such
costs in a special tax bill or by having such costs added to the annual
real estate tax bill for the property. It is the desire and intent
of the City Council to enhance and protect the public health and safety
by providing a process for declaration of such public nuisances and
recovery of the costs of removal or abatement of same.
[R.O. 2007 §15-14; Ord. No. 6914 §1, 9-18-2006]
Notwithstanding any provision in this Code to the contrary,
the City may declare the presence of certain debris and conditions
upon any property to be a nuisance and proceed with seeking its abatement,
all in accordance with this Chapter.
[R.O. 2007 §15-15; Ord. No. 6914 §1, 9-18-2006]
No person shall cause, maintain or permit on premises owned
or controlled by him/her, a nuisance as defined by the laws of this
State or by the ordinances of this City.
[R.O. 2007 §15-16; Ord. No. 6914 §1, 9-18-2006]
Any condition on any lot or land that has the presence of a
nuisance including, but not limited to, debris of any kind, weed cuttings,
cut, fallen or hazardous trees and shrubs, overgrown vegetation and
noxious weeds which are twelve (12) inches or more in height, 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,
discarded household furniture or appliances, broken furniture, any
flammable material which may endanger public safety or any material
or condition which is unhealthy or unsafe is hereby declared to be
a public nuisance.
[R.O. 2007 §15-17; Ord. No. 6914 §1, 9-18-2006]
A.
The
following are hereby declared, defined and deemed to be nuisances
for the purposes of this Chapter; provided however, that the following
shall not be deemed to be exclusive:
1.
Carcasses of animals remaining exposed for more than six (6) hours
after death.
2.
Ashes, slops, filth, excrement, stones, straw, soot, rubbish, manure,
offal, stagnant water, all sorts of decaying animal matter, decaying
fruit or vegetables or other 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, old dilapidated barns, sheds or other buildings, scrap or
used lumber left or deposited or caused or permitted to remain, be
left or deposited in such quantity or such condition as to be offensive
to the sight or smell or a menace to health, safety, peace or comfort
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 person causing or permitting the same or
upon any public street, sidewalk, alley, parkway, public enclosure
or vacant lot; any and all water, steam and condensation drained from,
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.
3.
Factories, slaughterhouses and all places of business causing an
offensive odor to a greater extent than is require for the necessary
protection or carrying on of such business.
4.
Garbage deposited otherwise than in suitable containers for removal.
5.
Green or unsalted hides kept in an exposed or open place.
6.
Hog pens.
7.
Limbs of trees projecting over a sidewalk or street at a height of
less than ten (10) feet.
8.
Privies in an overflowing, leaking or filthy condition.
9.
Ponds and pools of unclean water.
10.
The rendering, heating or steaming of any animal or vegetable product
or substance in such a manner as to cause disagreeable odors.
11.
Stables, stalls, sheds, pens or yards in which any horses or cattle
have been kept, which are in an unclean condition.
12.
All substances or things which cause an odor disagreeable to the
surrounding neighborhood.
13.
All vegetation, plants, vines and brush of every kind and species
whatsoever that is growing profusely in a wild and uncultivated condition
which is over twelve (12) inches in length when measured from the
ground laterally, diagonally or vertically.
[R.O. 2007 §15-18; Ord. No. 6914 §1, 9-18-2006; Ord. No. 7171 §1(15-18), 4-5-2010]
A.
When
a public nuisance as described above exists, the City Manager or his/her
designee shall so declare and give written notice to the owner or
any lessees/persons in possession of the property by personal service
or via U.S. Mail service; if otherwise unsuccessful, by publication
and posting notification on property(s) in violation. Such notice
shall, at a minimum:
[Ord. No. 7694 §§1 —
2, 4-4-2016]
1.
Declare that a public nuisance exists;
2.
Describe the condition which constitutes such nuisance;
3.
Order the removal or abatement of such condition not less than ten
(10) 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 the owner or lessee/person in possession of such property
may request, within the time allowed to begin removing or abating
the nuisance, a hearing on the matter with the City Manager and the
City Manager may modify or stay any provision of the notice based
upon the evidence presented to support or negate the declaration of
public nuisance;
6.
State that if the owner fails to begin removing or abating the nuisance
within the time allowed, or upon failure to pursue the removal or
abatement of such nuisance without unnecessary delay, the City Manager
or his/her designee may cause the condition which constitutes the
nuisance to be removed or abated and that the cost of such removal
or abatement may be included in a special tax bill or added to the
annual real estate tax bill for the property and collected in the
same manner and procedure for collecting real estate taxes;
7.
State that if the owner or lessee/person in possession of such property
fails to begin removing or abating the nuisance within the time allowed,
or upon failure to pursue the removal or abatement of such nuisance
without unnecessary delay, such owner or lessee/person in possession
may be cited in Municipal Court for violating this Chapter and shall,
upon conviction in Municipal Court, be subject to punishment by a
fine of not more than five hundred dollars ($500.00), or by imprisonment
not exceeding ninety (90) days, or both such fine and imprisonment.
[R.O. 2007 §15-19; Ord. No. 6914 §1, 9-18-2006; Ord. No. 7694 §§1 — 2, 4-4-2016]]
If the owner of such property fails to begin removing or abating
the nuisance within the time allowed or upon failure to pursue the
removal or abatement of such nuisance without unnecessary delay, the
Code Enforcement Officer or his/her designee may cause the condition
which constitutes the nuisance to be removed or abated. If the Code
Enforcement Officer or his/her designee causes such condition to be
removed or abated, the cost of such removal or abatement (which may
include fees for the City's costs in administering this Chapter) shall
be certified to the City Collector who may 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 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 lien on the property until paid.
[R.O. 2007 §15-19.1; Ord. No. 6914 1, 9-18-2006]
If the owner or lessee/person in possession of such property fails to begin removing or abating the nuisance within the time allowed or upon failure to pursue the removal or abatement of such nuisance without unnecessary delay, such owner or lessee/person in possession may be cited in Municipal Court for violating this Chapter and shall, upon conviction in Municipal Court, be subject to punishment as stated in Section 100.150 of this Code. All penalties are in addition to assessed costs of removal and nothing contained herein shall be taken to mean that the payment of a fine or execution of a sentence shall relieve any person from responsibility for abating the nuisance involved or upon which said fine, punishment or sentence was based.
