City of Rogersville, MO Generally

[Ord. No. 319 §3, 5-21-1998; Ord. No. 609 §1, 7-7-2008; Ord. No. 695, 8-2-2010]

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 six (6) 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.

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.

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 Rogersville.

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.

(Reserved)

14.

Unlicensed dumps and licensed dumps not operated or maintained in compliance with the ordinances of the City of Rogersville 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 Rogersville.

17.

Any stable, stall, shed or compartment, or any yard appurtenance thereof, in which any horse, cattle, cows, swine, dogs, rabbits or any other animal, chickens or any other fowl shall be kept, or any place in which manure or liquid discharge of such animals shall collect or accumulate, and which stable, stall, shed or compartment or any yard or appurtenance thereof, not kept in clean and wholesome condition, so that no offensive smell shall be allowed to escape therefrom. Nothing in this Article shall be so construed as to include manure deposits upon private property for the purposes of cultivating the same.

18.

The accumulation upon any premises, lot or parcel of ground, or the discharge thereof upon any public street, alley, sidewalk or other public place or upon any private property of urine, liquid waste from stables, swill, water from privy vaults, waste water, filthy wash water, or any foul or nauseous liquid waste of any kind whatsoever.

19.

The accumulation or existence upon any premises, lot or parcel of ground of any putrid or unsound meat, pork, fish, hides, decayed vegetables or food, manure, filthy ash heaps, garbage, offal, rubbish, dirt or filth of any kind which, by its decay or putrefaction, could or would become offensive to human beings or detrimental to health to which, by its existence, might harbor rats or other rodents.

20.

Any unclean, stinking, foul, odorous or filthy drain, ditch, tank or gutter or any leaking, broken slop, garbage or manure boxes or receptacles of like character.

21.

The erection, continuance or use of any building, room or other place in the City for the exercise of any trade, employment or manufacture which occasions noxious exhalations or offensive odors which are discomforting, offensive or detrimental to the health of individuals or of the public.

22.

Ashes, cinder, slops, filth, excrements, sawdust, stones, rock, dirt, straw, soot, sticks, shavings, oyster shells, cans, dust, paper, trash, rubbish, manure, refuse, offal, waste water, walnut hulls, chamber lye, fish, putrid meat, entrails, decayed fruit or vegetables, broken ware, rags, old china, old iron or other metal, old wearing apparel, old furniture, all animal and vegetable matter, all dead animals, or any other offensive or disagreeable substance or thing which is thrown, left or deposited, or caused to be left, thrown or deposited, by any person in or upon any street, avenue, alley, sidewalk, parking or other public way, or in or upon any public enclosure, or any private lot and property (vacant or occupied), or any pool or pond of water.

23.

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 fire hazard, or affords a breeding place or nesting place for mosquitoes, 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 is a public nuisance.

24.

Gasoline, diesel, fuel oil or kerosene cans, containers or storage tanks over twenty-five (25) gallons in residential areas, excepting any and all tanks used for household heating purposes and in use and operation for the purpose.

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

If a nuisance as defined in Section 215.010(A) is allowed to accumulate on the same property in violation of an ordinance more than once during a calendar year, a fine of three hundred dollars ($300.00) shall be imposed on the ground, or in case of joint tenancy, tenancy by entireties or tenancy in common, each owner thereof.