City of Charlack, MO Generally

[CC 1992 §§215.010 — 215.020, 215.050, 215.080 — 215.090, 215.110 — 215.140, 215.170 — 215.180, 215.200; Ord. No. 205 §§1 — 2, 4 — 5, 7 — 9, 11 — 14, 17, 19, 5-22-1967; Ord. No. 396 §1, 5-11-1980]

The following are declared to be nuisances affecting health:

All decayed or unwholesome food offered for sale to the public or offered to the public at no charge.

All diseased animals running at large.

All ponds or pools of stagnant water.

Carcasses of dead animals not buried or destroyed within twenty-four (24) hours after death.

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.

All privies or private vaults not connected with a sanitary sewer are hereby declared to be a nuisance.

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.

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.

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 Charlack.

11.

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.

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 Charlack and the Statutes of the State of Missouri.

15.

No person shall discharge or cause to be discharged into a stormwater 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.

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 Charlack.

17.

The placing or throwing of garbage, rubbish, trash or other articles or materials which are obnoxious, dangerous or detrimental to the public health, safety or welfare upon any street, sidewalk, alley or public place, upon any private lot or premises, unless such articles or materials are contained in a tightly closed container or approved receptacle of a weight which will permit two (2) men to handle when filled and which is emptied and the contents removed from the City at least once each week, is hereby declared to be a nuisance.

18.

Ash pits or containers which are not emptied and the contents removed from the premises when level full or ash piles on public or private premises not contained in suitable pits or containers are hereby declared a nuisance.

19.

All slaughterhouses, soap factories and pig pens are hereby declared to be a nuisance.

20.

No person shall deposit any dead animal, filth, decayed or decomposed matter or other substance or thing obnoxious to the public upon a street, alley, or public or private lot or premises and the doing of this act is hereby declared to be a nuisance.

21.

Any unclean, stinking, foul, defective or filthy drain, ditch, tank or gutter or any leaking, broken stop, garbage or manure boxes, cans or containers are hereby declared to be a nuisance.

22.

Whenever there shall be found in or upon any lot or premises 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, the same shall be deemed to be a nuisance.

23.

Every person having charge or control of any stable, shed or apartment or any yard or appurtenance thereof in which any horse, cow or any other animal shall be kept or any place in which manure or liquid discharged from such animals shall collect or accumulate shall keep the same in a cleanly and wholesome conditions so that no offensive smell shall be allowed to escape therefrom, and any such place which is not so kept is hereby declared to be a nuisance; provided, that any pigpen, however kept or maintained, shall be deemed a nuisance and, provided further, that nothing in this Section shall be construed as to include manure deposits upon any private property for the cultivation of the soil on such property.

24.

No person, firm or corporation shall cause the sidewalk display of any meat or meat products at any place within the City of Charlack or cause any meat or meat products to be displayed on, over and above any sidewalk, street, alley or other public place. No person or corporation shall cause or permit the sidewalk display of any article or substance of human food or drink whatsoever for sale or delivery to the consumer at a height less than eighteen (18) inches above the surface of the sidewalk. Provided however, that nothing in this Section or the next preceding Section shall apply to any of the merchandise, articles or things named in said Sections while the same are being received, kept or delivered by those who do not sell the same directly to the consumer, and the doing of any of these acts is declared to be a nuisance.

25.

It shall be unlawful for any person, firm or corporation residing, being or doing business within the City of Charlack to store any coal, lumber, rock, stone, wood or other material or substance upon any lot or premises within the City of Charlack in such a manner as to endanger public health or safety, and each day that the same are so stored in violation of this Section shall constitute a separate offense and the doing of any of these acts shall be deemed a nuisance.

26.

No person, firm or corporation shall at any time between the first (1st) day of April and the last day of November of each year place, keep, expose, offer or prepare for sale to the consumer nor shall sell or store, pending delivery of the same to the consumer, any article or substance of human food or drink in any place or premises within the City of Charlack which is or are not screened or enclosed so as to prevent flying insects, mice and rats from having access to such articles or substance; and no person, firm or corporation shall at any time within such period in any year carry, hand or convey for sale or delivery to the consumer or place or keep or cause to be placed or kept in or upon any vehicle within, upon, along or over any street, drive, alley or other public place or way in the City of Charlack for sale to the consumer any article or substance of human food or drink unless the said article or substance at such time and place be covered, screened or otherwise protected in such manner as not to be accessible to flying insects, mice or rats and the failure to comply with the provisions of this Section shall be deemed a nuisance; provided however, that no such person, firm or corporation offering foodstuffs for sale shall maintain or suffer to be maintained upon the premises or lot or grounds where foodstuffs are offered for sale any harbor or hiding place for mice or rats or a breeding place or place of attraction for flying insects; provided further, that no provision of this Section shall apply to or affect any article or substance of human food or drink which at the time and place shall be in the possession of the owner thereof and intended exclusively for his/her own individual consumption; and, provided further, that no provision hereof shall apply to or affect any article or substance of human food or drink which shall be in an unbroken container tightly closed.

27.

The storage of old, unused, stripped or junked motor vehicles in any unclosed premises in the City limits of Charlack shall be deemed a nuisance. Any such motor vehicle which does not have a current vehicle license issued by the State of Missouri shall be presumed to be derelict and dangerous to the public safety.

28.

Whenever any owner or agent shall rent, lease or hire out to be occupied any buildings or part thereof as a home or residence or more than two (2) families living independent of each other, or any building to different persons for stores or offices in said building giving to each family or person the common right to halls, basements, yards, toilets, urinals, or any of them, then such owner or agent shall be liable for the condition of such halls, basements, yards, toilets or urinals and said owner or agent, the same as the occupant of premises, may be charged with the violation of any provisions of this Chapter.

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

Authority To Abate Emergency Cases. 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 designate shall have the authority to order the Chief of Police or Health Officer or other City Official to immediately abate the nuisance in an appropriate manner.

Abatement — Procedure Generally. Whenever the Board of Aldermen receives notification that a nuisance may exist, it shall proceed as follows, except as may be otherwise provided herein:

It shall investigate the same. The Board may order any person who has caused or is maintaining the nuisance to appear before the Board at such time and place as the Board may direct to show cause, if any, why that person should not abate the nuisance. Every person required to appear before the Board shall have at least ten (10) days' notice thereof.

Such notice shall be signed by the Health Officer or Chief of Police and shall be served upon that person by delivering a copy thereof to the person, or by leaving a copy at his/her residence with some member of the family or household over fifteen (15) years of age, or upon any corporation by delivering the copy thereof to the President or to any other officer at any business office of the corporation within the City. If the notice cannot be given for the reason that the person named in the notice or his/her agent cannot be found in the City, of which fact the return upon such notice of the officer serving the same shall be conclusive evidence, such notice shall be published in a daily newspaper for three (3) consecutive days, if a daily, or once, if a weekly paper, giving at least ten (10) days' notice from the final publication date of the time fixed for the parties to appear before the Board.

If after hearing all the evidence the Board of Aldermen may determine that a nuisance exists, it may direct the Health Officer or Chief of Police or other City Official to order the person to abate the nuisance within twenty (20) days or within such other time as the Board may deem reasonable. Such order shall be served in the manner provided in this Section for service of the order to show cause. The order may further provide that the appropriate City Official be directed to abate the nuisance if the order is not obeyed within the time period set by the Board and that a special tax bill be issued for the costs of abating the nuisance.

If the order has not been obeyed within the time period set by the Board, the appropriate City Official shall proceed to abate the nuisance in the manner provided by the order of the Board, and the cost of same, if ordered by the Board, may be assessed as a special tax against the property so improved or upon which such work was done; and, if so ordered, the City Clerk shall cause a special tax bill therefor against the owner thereof when known and, if not known, then against the unknown persons, and the certified bills of such assessment shall describe therein the property upon which the work was done.

The bills for the above work shall be recorded and shall be collected and paid as provided for the collection of other special tax bills for the repairing of sidewalks or grading or paving of streets and shall be a lien on the property.

The cost of abating nuisances on private property shall be levied and assessed on each lot in proportion to the amount of work done and material used in abating the nuisance located on each such lot.