[Ord. No. 4-42 §1, 9-22-2014]
A.
Nuisances Affecting Health. The following are declared
to be nuisances affecting health:
1.
All debris of any kind, weed cuttings, cut, fallen or hazardous
trees and shrubs, overgrown vegetation and noxious weeds which are
seven (7) 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, broken furniture, and/or
any flammable material.
a.
Poison ivy, poison oak and poison sumac at any height or stage of
maturity shall be considered a nuisance affecting health.
[Ord. No. 4-54, 7-13-2023]
2.
All decayed or unwholesome food offered for sale to the public,
or offered to the public at no charge.
3.
All diseased animals running at large.
4.
All ponds or pools of stagnant water.
5.
Carcasses of dead animals not buried or destroyed within twenty-four
(24) hours after death.
6.
Accumulations 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.
7.
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.
8.
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.
9.
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.
10.
Common drinking cups, roller towels, combs, brushes or eating
utensils in public or semi-public places where not properly sanitized
after use.
11.
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 Farmington.
12.
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.
13.
Any and all infestations of flies, fleas, roaches, lice, ticks,
rats, mice, fly maggots, mosquito larvae and hookworm larvae.
14.
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.
15.
Unlicensed dumps and licensed dumps not operated or maintained
in compliance with the ordinances of the City of Farmington and the
Statutes of the State of Missouri.
16.
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.
17.
All other materials, conditions, 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 Farmington.
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 Farmington, or within one-half (1/2)
mile of the corporate limits of the City of Farmington, 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 ordinance
violation.
[Code 1974 §215.030; CC 1984 §17-4; Ord. No. 4-42 §1, 9-22-2014]
B.
Notice And Order To Abate. Enforcement of this Article
shall be the responsibility of the Chief of Police with the consent
and approval of the City Administrator. Enforcement shall commence
by providing notice to all owners of the real estate upon which the
nuisance exists. The notice may be delivered by personal service,
by certified mail, or by ordinary mail. If sent by ordinary mail,
there will be a refutable presumption that the letter was delivered
five (5) days after the date it was sent. The notice shall generally
describe the nature of the nuisance, the location of the real estate,
and order the real estate owner to, within a period of seven (7) days
from the receipt of the notice, to begin removing or abating the nuisance
and to thereafter continue to pursue the removal or abatement without
unnecessary delay.
C.
Request For Hearing. Any owner who wishes to challenge
the order of abatement may do so, provided that within the seven-day
period he/she/it requests a hearing on the validity of the order pursuant
to the Missouri Administrative Procedure Act, Chapter 536 RSMo. If
no such request is made within the seven-day time period, the order
becomes final and is not subject to challenge elsewhere. If such request
is made, the hearing shall be conducted by the Municipal Court Judge
for the City of Farmington, Missouri. The request for a hearing must
be in writing, but otherwise no particular formality is required.
Notice to the real estate owner of his/her right to request such hearing
shall be given by including a copy of this Article with any notice
sent under authority of this Section. Once a request for a hearing
is received, the hearing shall be conducted in accordance with the
"contested case" provisions of the State Administrative Procedure
Act.
D.
Abatement Of Nuisance. If the owner has not begun
removing or abating the nuisance within seven (7) days after receiving
the notice, or if the owner fails to pursue the removal of such nuisance
without unnecessary delay, the City Administrator shall cause the
same to be abated and shall certify the costs of same to the City
Clerk.
E.
Ordinance Violation. An owner who fails to begin removing or abating the nuisance within seven (7) days after receiving the notice, or if the owner fails to pursue the removal of such nuisance without unnecessary delay shall be deemed guilty of separate offense of failing to abate nuisance and, upon conviction, shall be punished as provided in Section 100.110. Every day such nuisance is maintained after such notice shall constitute a separate and distinct offense.
F.
Tax Bill. The City Clerk and/or Finance Officer
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 real estate 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 special 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 special tax bill from
the date of its issuance shall be deemed a personal debt against all
owners of the real estate and shall also be a first lien on the real
estate until paid. The special tax bill shall be prima facie evidence
of the recitals therein and of its validity, and no clerical error
or informality in the same, or in the proceeding leading up to the
issuance, shall be a defense thereto. Such special tax bill, if not
paid within thirty (30) days after issuance, shall bear interest at
the rate of eight percent (8%) per annum.
[1]
Editor's Note: Former Section 215.030, Complaint Upon Neglect of Notice, Section 215.040, Abatement Upon Neglect of Notice, and Section 215.050, Penalty, derived from Code 1974 §§215.030 – 215.050; CC 1984 §§17-4 – 17-7, were repealed 9-22-2014 by §1 of Ord. No. 4-42. See now Sections 215.010 – 215.020.
