[Ord. No. 932 §13.105, 11-3-1980]
A "nuisance" shall be defined generally as
the unreasonable invasion or impairment of another's use and enjoyment
of property belonging to the other person or to the public, thereby
impairing, injuring or potentially impairing or injuring the health,
welfare, safety or peace of the public.
[Ord. No. 932 §§13.110-13.115, 11-3-1980]
A.
No
person shall permit, cause, keep, maintain or do any nuisance as defined
by the laws of this State or by this Chapter, or cause to be committed,
caused, kept, maintained or done any such nuisance within the City
or within one-half (½) mile thereof.
B.
No
owner, occupant or person in charge of any house, building, lot or
premises within the City or within one-half (½) mile thereof
shall cause or allow any nuisance to be or remain in or upon any such
house, building, lot or premises.
[Ord. No. 932 §13.120, 11-3-1980]
A.
The
following are hereby deemed and declared to be nuisances; provided
however, that such listing shall not be deemed exclusive:
1.
Any act done or committed or suffered to be done or committed by
any person, or any substance or thing kept, maintained, placed or
found in or upon any public or private place within this City which
is injurious, dangerous, annoying, unsafe, or offensive to the public.
2.
Any pursuit followed or act done or omission failed to be done by
any person which is injurious, dangerous, annoying, unsafe, or offensive
to the public.
3.
Any building, bridge or other structure which is unsafe, dangerous,
injurious, unhealthy, offensive, or annoying to the public.
4.
Any slaughterhouse, stockyard, or stable, cattle yard, hog, sheep
or cow pen, which is offensive, injurious, unsafe or annoying to the
public.
5.
Any pond or pool of stagnant water or any foul or dirty water or
liquid discharged through any drainpipe or spout or thrown into or
upon the street, alley, thoroughfare, or lot which is injurious, dangerous,
offensive, unhealthy or unsafe to the public.
6.
Any obstruction caused or permitted on any street, sidewalk, public
or private alley, which is injurious, dangerous, offensive, inconvenient,
unsafe or unhealthy to the public.
7.
Any stone, dirt, filth, slops, vegetable matter, animal matter, or
other articles thrown or placed in or upon any street, alley, sidewalk,
or other public place which is injurious, dangerous, obnoxious, unsafe
or offensive to the public.
8.
The placing or storage of any green or salted hides which cause an
odor, which is injurious, dangerous, obnoxious, offensive, unhealthy
or unsafe and offensive to the public.
9.
Any animal or vegetable matter, or other substances liable to become
putrid, offensive or unhealthy, which is injurious, dangerous, unhealthy,
unsafe and offensive to the public.
10.
Any cellar, vault, private drain, pool, privy, sewer or sink, or
container which may be sufficiently tightly enclosed to cause suffocation,
which is injurious, dangerous, unsafe, or offensive to the public
health.
11.
Any tenement, boardinghouse or lodging house in the City leased,
rented, or occupied by any person for dwelling, which is not sufficiently
lighted, ventilated, heated, or provided with water, or kept in clean
and sanitary condition, which is dangerous, injurious, obnoxious,
offensive or unsafe to the public.
12.
Any house or building or tank within the City used for the special
or exclusive storage of powders or dynamite, with a glycerine, coal
oil or other explosive substance, detrimental to the public health,
or endangering human life, or any house, building or store, wherein
small quantities of such explosives are kept, exposed or insecure,
or kept in any manner so as to endanger the public.
13.
Any radio, television set or musical instrument or device operated
in such manner or at such hours which are injurious, inconvenient,
obnoxious, offensive or annoying to the public or persons living or
doing business nearby.
14.
Any growth of weeds, grass, or poisonous or harmful vegetation to
a greater height than twelve (12) inches the average within two hundred
(200) feet of any building or one hundred (100) feet of any improved
street, or any accumulation of dead weeds, grass or brush, within
two hundred (200) feet of any building or one hundred (100) feet of
any improved street.
15.
Any trees or shrubbery adjacent to any public street or alley, the
foliage of which may obstruct, hinder or endanger the safe passage
of traffic upon such street or alley.
16.
Any damaged or disabled vehicle, part thereof, or junk, located on
any property, street, or highway which presents a hazard to children,
or harbors tall grass, weeds, or other vegetation, or creates a fire
hazard, or affords a breeding place or nesting place for mosquitos,
flies, rodents, rats, or other vermin; or any vehicle, part thereof,
or junk, allowed to remain unmoved on any street or highway for forty-eight
(48) hours.
[Ord. No. 932 §13.125, 11-3-1980]
It shall be 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 lot or land or property or any
part thereof, within the corporate limits of the City, to permit or
maintain a nuisance on any such lot or land or by virtue of any property.
A.
A person
commits the offense of abandonment of airtight icebox if he abandons,
discards, or knowingly permits to remain on premises under his control,
in a place accessible to children, any abandoned or discarded icebox,
refrigerator, or other airtight or semi-airtight container which has
a capacity of one and one-half (1½) cubic feet or more and
an opening of fifty (50) square inches or more and which has a door
or lid equipped with hinge, latch or other fastening device capable
of securing such door or lid, without rendering such equipment harmless
to human life by removing such hinges, latches or other hardware which
may cause a person to be confined therein.
[Ord. No. 932 §13.135, 11-3-1980; Ord. No. 98-13 §1, 4-7-1998]
Whenever it shall be brought to the attention of the Chief of
Police or any Police Officer of this City that any nuisances, as hereinbefore
in this Chapter defined has been committed or is existing, it shall
be the duty of the Chief of Police or such Police Officer to forthwith
notify the person or persons who have committed or suffer the continuance
of such nuisance, or the occupant of the property in which the nuisance
exists, to have such nuisance forthwith removed and abated within
ten (10) days from service of notice. Such notice shall be in writing
and shall be served upon the person or persons who have committed
the nuisance or has permitted the continuance of such nuisance.
Whenever weeds, in violation of an ordinance, are allowed to
grow on any part of any lot or ground within this City, the owner
of the ground, or in case of joint tenancy, tenancy by entireties
or tenancy in common, each owner thereof, shall be liable. The Chief
of Police or other City Official as designated shall give a hearing
after ten (10) days' notice thereof, either personally or by United
States mail to the owner or owners, or his or their agents, or by
posting such notice on the premises; thereupon, the Chief of Police
or other designated City Official may declare the weeds to be a nuisance
and order the same to be abated within five (5) days; and in case
the weeds are not cut down and removed within the five (5) days, the
Chief of Police or other designated City Official shall have the weeds
cut down and removed, and shall certify the costs of same to the City
Clerk, who shall cause a special tax bill therefor against the property
to be prepared and to be collected by the Collector, with other taxes
assessed against the property; and the tax bill from the date of its
issuance shall be a first (1st) lien on the property until paid and
shall be prima facie evidence of the recitals therein and of its validity,
and no mere clerical error or informality in the same, or in the proceedings
leading up to the issuance, shall be a defense thereto. Each special
tax bill shall be issued by the City Clerk and delivered to the Collector
on or before the first (1st) day of June of each year. Such tax bills
if not paid when due shall bear interest at the rate of eight percent
(8%) per annum.
If the owner or occupant of the premises whereon a nuisance
has been committed or permitted to continue fails to cease or remove
said nuisance same may be suppressed by the Chief of Police or Police
officer of the City, or may be suppressed under their direction and
the expense of abating the same may be assessed to the owner or occupant
of the property, and against the property on which said nuisance is
committed, and a special tax bill may be issued against said property
for the expense of abating said nuisance.
The City Attorney, pursuant to Section 79.383 of the Revised
Statutes of Missouri, is hereby authorized to file civil causes of
action for abatement of nuisances created by the accumulation of unsightly,
dangerous or noxious personal properties that exist within the corporate
limits of the City of Albany, but only when the City has received
such valid complaints and the City Attorney feels that a suit is the
necessary and proper manner in which to proceed. Further, in all actions
filed under this Section, the City Attorney shall seek reasonable
attorney's fees incurred.
[Ord. No. 98-13 §2, 4-7-1998]
Any person who shall cause, commit, keep or suffer, or maintain,
permit or do any nuisance as specified and prohibited in this Chapter,
and who shall not abate or remove such nuisance within the time specified
in the notice given him/her as herein provided, shall be deemed guilty
of a misdemeanor and upon conviction shall be punished by a fine of
not less than one dollar ($1.00) nor more than five hundred dollars
($500.00) or by imprisonment in the County Jail for not more than
ninety (90) days or by both such fine and imprisonment.
