City of Riverside, MO Nuisances

[1]

Editor's Note: At the City's request, with Supplement No. 1, former Sections 215.010 — 215.040 were removed and combined into Sections 215.010 — 215.020. Prior to this supplement, these Sections were adopted and amended as follows: Section 215.010 by R.O. 2011 §215.010; Ord. No. 2002-55 §2, 5-7-2002; Section 215.020 by R.O. 2011 §§215.020, 225.100; Ord. No. 2002-55 §2, 5-7-2002; Ord. No. 2002-56 §2, 5-7-2002; Section 215.030 by R.O. 2011 §§215.040, 229.060(A, D); Ord. No. 2002-55 §2, 5-7-2002; and Section 215.040 by R.O. 2011 §215.030; Ord. No. 2002-55 §2, 5-7-2002.

Definitions. For the purpose of this Chapter, certain terms and words are hereby defined as follows. Any word not defined herein or in the Code shall have its usual meaning.

ABATEMENT

The act of eliminating or terminating a condition.

AGENT

A person entrusted with another's business. A business representative, whose function is to bring about, modify, effect, accept performance of, or terminate contractual obligations between principal and third persons.

DEBRIS

The remains of anything broken down, destroyed, or in ruins.

DIRECTOR

The person appointed as the Director of Community Development, and shall also mean his or her designee.

DISMANTLED VEHICLE

Any vehicle missing significant body parts, including, but not limited to, hood, fender, cab, door, window glass, or trunk lid.

GRAFFITI

The defacing, damaging or destroying by the spraying of paint or marking of ink, chalk, dye or other similar substances on buildings, structures, properties, and places without the consent of the owner.

INOPERABLE VEHICLE

Any vehicle, including, but not limited to, any vehicle that is unlicensed, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power.

JUNKED VEHICLE

Any vehicle that is considered an inoperable vehicle and has no resale value or use except as a source of parts or scrap.

MOTOR VEHICLE

Any self-propelled vehicle not operated exclusively upon tracks, except farm tractors and motorized bicycles.

NOXIOUS OR TOXIC ODOR, DUST VAPOR, FUME, AND/OR MIST

Any airborne substance, whether visible or invisible and whether particulate or not, which causes nausea, vomiting, dizziness, headaches, eye or skin irritation, or other physical injury to a person.

NOXIOUS WEEDS

Plants, such as poison ivy, poison oak, ragweed, or other poisonous plants or plants detrimental to health, kudzu, and those weeds prohibited as per the current Missouri Department of Agriculture listing.

PERSON

Any corporation, firm, partnership, association, organization, or other group acting as a unit, as well as individuals. It shall include an executor, administrator, trustee, receiver or other representative appointed according to applicable law. Whenever the word "person" is used in any Section of this Chapter prescribing a penalty or fine, as to partnerships or associations, the word shall include the partners or members thereof, and as to corporations, shall include the officers, agents or members thereof who are responsible for any violation of this Section.

PREMISES

A lot, plot, or parcel of land, including any structures thereon.

PRIVATE PROPERTY

Any property within the corporate limits of the City that is not owned or controlled by a public governmental body.

REAR YARD

That portion of the yard, on the same lot with a building, between the rear building line and the rear lot line, for the full width of the lot (in those locations where an alley is platted in the rear of the lots, half the width of the platted alley may be included in the rear yard) not including steps, unenclosed balconies, and unenclosed porches.

REFUSE

In the context of this Chapter, collectively, that which is garbage, trash, rubbish or debris.

RIGHT-OF-WAY

Any property owned by a public governmental body for the purposes of streets and associated public improvements, alleys, sidewalks, pedestrian walkways, and the like.

RUBBISH

With the exception of garbage, combustible and noncombustible materials, paper, rags, cardboard, wood and wood shavings, rubber, leather, plastics, tree branches, yard trimmings, dead plant material, furniture, appliances, bedding, used construction materials, metal cans, metals, mineral matter, glass, crockery, and other similar materials, and includes the residue from the burning of wood, fossil fuels, and other combustible materials.

TRAILER

Any vehicle without motor power designed to carry property or passengers on its own structure and for being drawn by a self-propelled vehicle, including a semi-trailer or vehicle of the trailer type so designed and used in conjunction with a self-propelled vehicle that a considerable part of its own weight rests upon and is carried by the towing vehicle.

TRASH

Any and all materials defined as rubbish.

UNLICENSED VEHICLE

Any vehicle that does not display a valid license and current inspection sticker, as required by the state in which the vehicle is legally registered in order to operate said vehicle upon public roads. This excludes vehicles provided for sale by an appropriately licensed seller of new or used vehicles that are stored and displayed on property so permitted for such sale.

VEGETATION

Any plant or plant species, taken as a whole.

VEHICLE

Any mechanical device on wheels, excluding motorized bicycles, vehicles propelled or drawn by horses or human power, vehicles used exclusively on fixed rails or tracks, and motorized wheelchairs operated by handicapped persons. The term "vehicle" includes, but is not limited to, commercial and non-commercial motor vehicles, dismantled vehicles, inoperable vehicles, junked vehicles, motor vehicles, recreational vehicles, trailers, and unlicensed vehicles.

WEEDS

In the context of this Chapter and unless otherwise stated, vegetation generally recognized as wild or undesirable, whether found upon residentially or commercially zoned properties.

YARD

An open space on the same lot or property as a structure.

Nuisances — General.

It shall be a violation of this Chapter for any person who is the owner, agent, tenant, occupant, or other person in control of property to create, allow, and/or maintain a public nuisance (as described herein) on such property.

Nuisances generally. The following conditions shall constitute public nuisances:

Any condition or substance on private property that is injurious or dangerous to public health or safety.

Any condition defined as a nuisance in this Chapter or any code adopted by the City or by the Revised Statutes and decisions of the State of Missouri.

Any substance that generates, emits, or causes noxious or toxic odor, dust, vapor, fume, and/or mist.

Any establishment or structure that generates, emits, or causes any noxious or toxic odor, dust, vapor, fume, and/or mist, or condition.

Any barn or other place where animal or fowl waste collects in any manner that is not clean and sanitary, or which creates odors (offensive to a person of ordinary sensibilities) that are allowed to escape the premises.

Any accumulation or deposit of foul, dirty, or polluted water or liquid, including stagnant water that does or could afford harborage for the breeding of mosquitoes.

Any accumulation of material that does or could afford harborage of rats, mice, snakes, or other vermin.

Any condition or substance that may generate, transmit, or promote disease, or that may present a safety hazard to the general public.

Weeds and vegetation. The following conditions shall constitute public nuisances:

Grass, weeds, and/or overgrown vegetation, that exceeds ten (10) inches in height, or which otherwise obstructs a traffic intersection's clear sight triangle.

[Ord. No. 1556, 9-5-2017]

(1)

Property may be exempt from the height limitation if the Community Development Director, or his/her designee, finds that a waiver is warranted due to safety concerns, environmental concerns, and/or aesthetic benefits which do not unreasonably jeopardize the public's health, safety, and welfare. Conditions or situations in which such waiver may be warranted include but are not limited to property that:

(a)

Cannot be safely mowed, such as due to steepness of grade, or rocky terrain;

(b)

Is highly erodible;

(c)

Is undevelopable;

(d)

Is in an undisturbed natural area;

(e)

Is densely wooded;

(f)

Is too wet to mow such as a marsh, wetland, storm water drainage pond, or creek bank;

(g)

Any lot or parcel of portion thereof upon which construction is occurring.

(2)

The Community Development Director, or his/her designee, may condition any waiver on a requirement that:

(a)

The height limitation nonetheless be satisfied for a certain number of feet beyond the edge of a street, road surface, curb line, or sidewalk; and/or

(b)

For a stated duration.

(3)

Notwithstanding any provision in this Code to the contrary, whenever private property abuts a right-of-way or easement belonging to the City of Riverside, or any public entity, and there exists in such right-of-way or easement a grassy area between the private property line and the midline of said right-of-way or easement, then such grassy area shall be considered for purposes of Section 215.020(B)(3)(a) to be a part of the private property which abuts the public right-of-way or easement, and it shall be the duty of the person responsible under Section 215.020(B)(3)(a) for the maintenance of the private property to equally maintain the grassy area within the abutting right-of-way or easement, and all of the provisions of this Section 215.020(B)(3)(a) shall apply with equal force and effect.

[Ord. No. 1599, 6-19-2018]

Any noxious weeds.

Any dead or dying tree, limb, bush or brush that constitutes a hazard to the safety of persons or of property, private or public, including a safety hazard that obstructs the line of sight of a motor vehicle driver, bicyclist, or pedestrian at a street intersection, a hazard that could interfere with the passage of motor vehicles, bicycles, or pedestrians, on any public right-of-way, or a tree that harbors insects or disease that constitutes a potential threat to other trees.

Any accumulation of grass clippings, leaves, chipped brush, weeds, chipped foliage or shrub cuttings or clippings, or vegetable waste, unless contained within a composting bin located within the rear yard and at least ten (10) feet from any property line. However, in order to not be considered a nuisance herein, such composting bins shall be constructed and maintained in such a manner as to prevent the emission of a noxious odor, and such that they do not provide bedding or shelter for rats, mice, or other pests, nor be in violation of any other provisions of the Code.

Vehicles. The following conditions shall constitute public nuisances:

Any vehicle or trailer used primarily for the storage of materials, goods, or equipment, other than those items considered to be a part of the vehicle or trailer or to be transported by the vehicle or trailer in the normal course of use of the vehicle or trailer.

Any vehicle that is displayed for the principal purpose of sale that is either:

(1)

Not located on a private residential driveway; or

(2)

Not located on property that is legally licensed and permitted by the City for the sale of vehicles.

Any vehicle that is parked on a surface other than a public street, or driveway that is surfaced with concrete, asphalt, or paver brick over an approved base.

[Ord. No. 1556, 9-5-2017]

Any vehicle that is dismantled, inoperable, junked, or unlicensed, unless the vehicle is stored within an enclosed building or in a location that cannot be viewed from a ground location off the premises, or unless such vehicle is present in the course of normal and lawful business operation, except that it shall not be considered a nuisance, for purposes of this Chapter, if one such vehicle is being dismantled, repaired, stripped, or serviced on the property, provided that the work is completed within seven (7) days by the owner of the property and that the vehicle is licensed to that owner.

Graffiti. Graffiti, as defined herein, is declared a public nuisance.

Debris and rubbish. The accumulation of debris and rubbish, as they are defined herein, is declared a public nuisance.

Stables, sheds, and buildings. All stables, sheds or compartments in which a horse, cow or other animal shall be kept in such manner or in any place in which the refuse of such animal shall collect or accumulate or that any offensive smell shall be allowed to escape from is hereby declared to be a nuisance and dangerous to the public safety and prohibited; provided, nothing in this Section shall be so construed as to include manure deposits on any private property for the purpose of enriching the soil thereon.

Hazardous tree. A live or dead tree which constitutes a hazard to the safety of persons or of property, private or public, is hereby declared to be a nuisance.

Malfunctioning private sewage disposal systems. All malfunctioning private sewage disposal systems which allow polluted, raw or partially treated wastewater or effluent to be deposited or stand upon any premises shall be deemed a public nuisance.

10.

Open storage. The following conditions shall constitute public nuisances:

The open storage on residential property of items or materials other than yard furniture, neatly stacked firewood, garden or yard tools, toys, or usable building materials. However, the open storage of usable building materials is permitted if the open storage is for less than thirty (30) days, the building materials are for use on such premises, the building materials are not stored against any structure, and the building materials are neatly stacked and stacked to a height not to exceed four (4) feet from ground level.

Any of the following items that remain on such residential property for longer than forty-eight (48) hours, in any outside area that can be viewed from a ground location off the premises: any appliance manufactured for primarily indoor use, bedding, bottles, boxes, broken glass, cans, cardboard, cartons, furniture manufactured for primarily indoor use, jars, machine parts, motor vehicle parts, pallets, paper, plumbing fixtures, rags, scrap metal, tires, tire rims, water heaters, or any other debris, which, in the case of a business, are not used in the normal and lawful course of such business's operations.

11.

Animal carcass. The presence of any animal carcass, or part thereof, that has remained exposed six (6) hours or more after death, is declared a public nuisance.

12.

Compost piles. Nothing in this Section shall be applied so as to prohibit the maintenance of a compost pile on residential property.

13.

Interference with drainage ways and gutters. The following conditions shall constitute public nuisances: the interference with or obstruction of, without legal authority, any gutter, conduit, sewer or other outlet for water or natural drainage upon any public or private property.

Enforcement And Abatement.

Enforcement. The Director shall be responsible for enforcement of this Chapter.

Notice and order. When a nuisance as described in this Chapter exists, the Director may declare a public nuisance exists and give written notice to the owner and, if the property is not owner-occupied, also to any occupant of the property.

[Ord. No. 1481 §3, 9-6-2016]

All notices and orders given pursuant to this Section shall be given by one of the following means:

(1)

Personal service;

(2)

First class mail to both the occupant of the property at the property address and the owner at the last known address of the owner, if not the same.

	When notice cannot be given by one of the means outlined above, then such notice may be posted on or about the premises described in the notice.
	There shall be a rebuttable presumption that any notice sent via regular mail pursuant to this Chapter is received within two (2) business days of its mailing. There shall also be a rebuttable presumption that any notice posted on the premises is received at the end of twenty-four (24) hours after the posting thereof.

Such notice and removal order shall, at a minimum:

(1)

Declare that a public nuisance exists;

(2)

Specifically describe each condition that constitutes such nuisance;

(3)

Identify what action will remedy the nuisance;

(4)

Order the removal or abatement of such condition not less than ten (10) days from the date of receipt of such notice, unless a condition presents an immediate, specifically identified risk to the public health or safety;

(5)

Describe the location of the property where the nuisance exists (using the street address rather than a legal description when reasonably possible to do so);

(6)

State that if the owner or occupant fails to begin removing or abating the nuisance within the time allowed or pursue the removal or abatement of such nuisance without unnecessary delay then the Director may cause the condition that 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, and that such cost shall be a personal debt of the property owner;

(7)

State that if the owner or occupant of such property fails to begin removing or abating the nuisance within the time allowed, or upon failure to pursue the removal of such nuisance without unnecessary delay, such owner or occupant may be cited in Municipal Court for violating this Chapter and fined pursuant to Section 100.240(E)(2) of the Municipal Code of the City of Riverside, Missouri.

(8)

State that if the addressee wishes to contest the finding of a public nuisance and order of abatement, he/she must file a written request for appeal with the Director, which must be received within ten (10) days from the date the addressee received the notice and order.

Appeal and hearing.

An appeal must state the applicant's name, mailing address, and a brief description of the applicant's basis for appeal. If the applicant is represented by an attorney, such fact shall also be noted.

The Director shall give the requesting party reasonable notice of the date, time, and location of such hearing. Any party may be represented by counsel, and all parties shall have an opportunity for a full and adequate hearing. The proceeding shall be recorded, and all persons giving testimony shall do so by oath or affirmation.

The Director of Community Development shall preside over such hearing, and make written findings of fact from the evidence offered at said hearing as to whether or not a public nuisance (as defined by this Chapter) exists on the subject property. If the evidence supports a finding based upon competent and substantial evidence that the conditions described in the notice and order constitute a public nuisance on the subject property, the Director of Community Development shall issue a final order of abatement. The final order of abatement shall be delivered, by person or mail, to each party of the hearing, or his or her attorney of record.

Appeals from the final order of abatement shall be made pursuant to and within the time period prescribed by law.

Abatement.

If the owner or, if the property is not owner-occupied, the occupant of the property fails to begin removal or abatement of the nuisance in accordance with the notice and order of abatement within the time allowed, or upon failure to pursue the removal and abatement of such nuisance without unnecessary delay, the Director may cause the condition that constitutes the nuisance to be removed or abated.

[Ord. No. 1481 §3, 9-6-2016]

If the Director causes a nuisance to be removed or abated in accordance with this Chapter and has sent notice and a removal order to the owner in accordance herewith, he shall certify the cost of such removal and abatement (which may include reasonable fees for the City's costs in administering this Chapter) and the proof of the notice to the owner of the property to the City Clerk who 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 property, and the certified cost shall be collected by the official collecting taxes in the same manner and procedure for collecting real estate 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 from the date the tax bill is delinquent until paid.

[Ord. No. 1481 §3, 9-6-2016]

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 from the date the tax bill is delinquent until paid. In the event a lawsuit is required to enforce the tax bill, the City may charge the property owner costs of collecting the tax bill, including attorneys' fees.

[Ord. No. 1481 §3, 9-6-2016]

The Director may enter upon private property for inspection or for the purpose of inspecting or removing any nuisance in accordance with this Chapter. If any person refuses to allow entry onto his/her private property, the Director may obtain an administrative warrant and proceed in accordance therewith.

When the Director determines that it reasonably appears there is an immediate danger to the health, safety, or welfare of any person, he may take emergency measures as is necessary to correct or abate the emergency to abate the nuisance notwithstanding the requirements of this Chapter.

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Editor’s Note: At the City’s direction, former Section 215.110, Water Pollution, as adopted and amended by R.O. 2011 §215.110; Ord. No. 2002-55 §2, 5-7-2002, was amended, moved and renumbered as Section 210.555.

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Editor’s Note: Former Art. II, Litter, which comprised Sections 215.130 — 215.170, as adopted and amended by R.O. 2011 §§225.090, 225.110, 225.120, 225.150, 225.170; Ord. No. 2002-56 §2, 5-7-2002, was removed at the City’s direction.