[R.O. 1996 § 215.010]
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 flytight, 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 semipublic 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 Gerald.
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 Gerald and the Statutes of the State of Missouri.
15.
No person shall discharge or cause
to be discharged into a storm water 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 Gerald.
B.
Unlawful To Cause, Maintain Within One-Half
Mile Of City. 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 Gerald, or within one-half (1/2) mile
of the corporate limits of the City of Gerald, 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.
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 designee shall have the authority
to order the Chief of Police 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.
Notice.
[Ord. No. 825 § 3, 11-10-2016]
a.
If the City Clerk or his/her designee
has reason to believe that a nuisance is being maintained within the
City, the City Clerk shall send written notice to the person causing,
maintaining or permitting the same to forthwith remove, terminate
or abate such nuisance within a reasonable time, not less than ten
(10) days when required by law, as determined by the City Clerk after
consideration of the nature of the nuisance and the actions necessary
to remedy the situation. Such notice shall also state that upon failure
to abate the condition causing the nuisance within said time period,
the City shall have a hearing where all parties may be heard and present
evidence as to whether the condition constitutes a nuisance.
b.
All notices hereunder shall be given
by first class United States mail or by posting a copy thereof on
the property involved and shall include a statement of the condition
constituting such nuisance and those actions necessary to remove,
terminate or abate the same. Where the property is not owner-occupied,
service of the notice shall be to the owner of the property and to
any occupant of the property. The notice shall specifically describe
each condition of the lot or land declared to be a public nuisance
and identify what action will remedy the public nuisance.
c.
The notice shall include a date,
time, and place of the scheduled hearing no sooner than ten (10) days
after such notice and include a statement that the hearing shall be
deemed automatically canceled if the property owner abates the conditions
described in the notice within the time specified in such notice and
notifies the City Clerk of such abatement prior to the hearing date.
2.
Such notice shall be signed by the
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.
3.
If after hearing all the evidence
the Board of Aldermen may determine that a nuisance exists, it may
direct the 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.
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 and shall be a lien on the property.
[Ord. No. 825 § 3, 11-10-2016]
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.[1]
[1]
Editor's Note: R.O. 1996 § 215.020, Animal Waste Prohibited On Public And Private Property, was moved to Ch. 205, R.O. 1996 § 215.030, Open Storage Of Disabled And/Or Unlicensed Vehicles, was removed and R.O. 1996 § 215.031, Parking Prohibited For Certain Vehicles, was moved to Ch. 355 by the City during the 2020 recodification project. For similar regulations regarding abandoned property and vehicles, see now Ch. 217 and Ch. 395.
[R.O. 1996 § 215.040; Ord. No. 605 § 1, 5-24-2007]
A.
Failure To Keep Weeds, High Grass And Other Vegetation
Cut And Removed, A Nuisance. All persons owning or occupying any lot
or tract of land in the City shall keep the weeds, high grass and
other vegetation growing on such property cut and removed. Whenever
such weeds, high grass or other vegetation shall attain the height
of twelve (12) inches, it shall be deemed a public nuisance.
B.
Unlawful To Maintain Such Nuisance. It shall be unlawful for any person to create or maintain a nuisance as defined in Subsection (A).
C.
Liability. Whenever weeds, high grass or other vegetation in violation of Subsection (A) of this Section are allowed to grow on any part of any lot or ground within the 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.
D.
Notice. The Hearing Officer shall give a hearing after
four (4) days' notice thereof either personally or by United States
mail to the owner or owners, or the owner's agents, or by posting
such notice on the premises; thereupon, the Hearing Officer may declare
the weeds, high grass or other vegetation to be a nuisance and order
the same to be abated within five (5) days.
E.
Disposition. In case the weeds, high grass or other vegetation
are not cut down and removed within the five (5) days, the City shall
have the weeds, high grass or other vegetation cut down and removed
and shall certify the costs of same to the City Clerk.
F.
Tax Bill. The City Clerk 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 City Collector or other
official collecting taxes in the same manner and procedure for collecting
real estate taxes. If the certified cost is not paid, the tax bill
shall be considered delinquent, and 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 until
paid.
[R.O. 1996 § 215.050; Ord. No. 628 § 1, 4-10-2008; Ord.
No. 733 § 1, 8-27-2013]
A.
Any lot or land shall be a public nuisance if it has the
presence of debris of any kind, including, but not limited to, weed
cuttings, cut and fallen or hazardous trees and shrubs, overgrown
vegetation and noxious weeds which are seven (7) inches or more in
height, rubbish and trash, lumber not piled or stacked twelve (12)
inches off the ground, rocks or bricks, tin, steel, parts of derelict
cars or trucks, broken furniture, any flammable material which may
endanger public safety or any material which is unhealthy or unsafe
and declared to be a public nuisance.
B.
When a public nuisance as described above exists, the Administrative
Officer shall provide for service to the owner of the property and,
if the property is not owner-occupied, to any occupant of the property
a written notice specifically describing each condition of the lot
or land declared to be a public nuisance, and which notice shall identify
what action will remedy the public nuisance. Unless a condition presents
an immediate, specifically identified risk to the public health or
safety, the notice shall provide a reasonable time, not less than
ten (10) days, in which to abate or commence removal of each condition
identified in the notice. Written notice may be given by personal
service or by 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.
C.
Upon a failure of the owner to pursue the removal or abatement
of such nuisance without unnecessary delay, the Administrative Officer
may cause the condition which constitutes the nuisance to be removed
or abated. If the Administrative Officer causes such condition to
be removed or abated, the cost of such removal or abatement and the
proof of notice to the owner of the property shall be certified to
the City Clerk or officer in charge of finance 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
City Collector or other official collecting taxes in the same manner
and procedure for collecting real estate taxes. If the certified cost
is not paid, the tax bill shall be considered delinquent, and 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.
[R.O. 1996 § 215.055; Ord. No. 724 § 1, 6-25-2013]
A.
It shall be unlawful for any person to
occupy any residence or any dwelling, or for any owner, manager, lessor
or sublessor to allow any occupation of such property without water
service.
