[Ord. No. 1025 §1, 10-9-2013]
A.
The following are declared to be nuisances affecting health:
1.
All decayed or unwholesome food offered for sale to the public,
or offered to the public at no charge.
2.
All diseased animals running at large.
3.
All ponds or pools of stagnant water.
4.
Carcasses of dead animals not buried or destroyed within twenty-four
(24) hours after death.
5.
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.
6.
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.
7.
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.
8.
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.
9.
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 Winchester.
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 which is 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 such as cattle, hogs, horses, mules,
sheep, goats and geese, ducks, chickens, turkeys, and all other domestic
fowl in any area within the City not zoned for agricultural uses,
except pet cats and dogs.
14.
Unlicensed dumps and licensed dumps not operated or maintained
in compliance with the ordinances of the City of Winchester 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
Winchester.
B.
Unlawful To Cause, Maintain Within City Or One-Half (1/2)
Mile Thereof.
1.
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 Winchester, or within one-half (1/2) mile of the corporate
limits of the City of Winchester, 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.
2.
Each day that a nuisance shall be maintained is a separate offense.
C.
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
Police Department, Code Enforcement Officer or other City official
to immediately abate the nuisance in an appropriate manner.
D.
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:
1.
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.
2.
Such notice shall be signed by the Code Enforcement Officer
or other City official 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.
3.
If, after hearing all the evidence, the Board of Aldermen determines
that a nuisance exists, it may direct the Code Enforcement Officer
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.
4.
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.
5.
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.
6.
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.
[CC 1981 §220.070; Ord. No. 210 §§1 — 3, 10-13-1965; Ord. No. 328 §2, 7-26-1972]
A.
No
person owning or occupying property fronting on or along any public
street, sidewalk or alley shall permit any limbs or branches of any
tree on its property or on the street abutting its property to remain
at a height of less than ten (10) feet above the sidewalk or other
part of the street nor shall he/she permit any hedge or shrubbery
to grow so as to interfere with persons or vehicles using such street
or sidewalk, and it shall be the duty of such owner or occupant to
have such tree, hedge or shrubbery trimmed so as to comply with the
provisions of this Section.
B.
No
person owning or occupying any property in the City of Winchester
shall permit any tree, shrubbery, hedge or any growing thing to remain
on such property if such tree, shrubbery, hedge or any growing thing
constitutes a danger to persons or property in the City of Winchester;
and it shall be the duty of such owner or occupant to have such tree,
hedge, shrubbery or other growing thing removed or trimmed in such
manner as to remove such danger.
[Ord. No. 692 §1(200.085), 2-10-1993]
A.
The
accumulation of garbage or refuse of any type for a period in excess
of ten (10) days is hereby declared a public nuisance and clear danger
to public health. No owner, lessee or occupant, nor any agent, servant,
representative or employee thereof of any lot, ground or premises,
or any part thereof, shall allow or maintain any such accumulation
of garbage or refuse upon any lot, ground or premises in the City
or upon streets or upon the right-of-way adjoining such premises or
upon any adjoining sidewalk.
B.
This
Section shall not prohibit the accumulation or storage of refuse produced
as an incident to the lawful use of the same premises where stored;
provided such stored refuse is pending removal or disposal and does
not remain on the premises for a period in excess of fifteen (15)
consecutive days and, provided further, that the refuse is placed
or stored in a container or is otherwise screened from the view of
persons upon adjacent property or rights-of-way, except as otherwise
provided by ordinance.
[CC 1981 §200.100; Ord. No. 167 §8, 11-13-1963]
No owner, occupant or managing agent of any property in the
City of Winchester shall store firewood, cord wood or wood for the
burning in fireplaces, space heaters, furnaces or like appliances
except in a rack designed for the purposes of said storage that is
of sufficient construction to support the weight of the wood so stored
and is fixed above ground level no less than twelve (12) inches.
[Ord. No. 675 §§1 —
2, 5-27-1992]
The Commissioner of Health shall make or cause to be made such
surveys, investigations, inspections and visits as may be deemed necessary
to ascertain the existence of a nuisance within the City or to prevent
the occurrence of a nuisance within the City by securing compliance
with this Chapter. The Commissioner of Health shall collect or cause
to be collected and shall analyze or cause to have analyzed all samples,
specimens, materials or substances from any premises whatsoever wherein
or whereon a nuisance is suspected to exist for the purpose of determining
the existence of a nuisance or non-compliance with this Chapter. Every
owner, occupant, permit holder, tenant or employee of a premises and
every other person affected by a nuisance, and every person having
information concerning the facts about the creation or the existence
or the maintenance of a nuisance shall furnish to the Commissioner
of Health or his/her agent such facts, information or records as he/she
may have or obtain when requested to so do.
