[Ord. No. 689, 4-11-2022]
A.
Nuisances Affecting Health. The following are declared to be nuisances
affecting health:
1.
All debris of any kind, weed cuttings, cut, fallen or hazardous
trees and shrubs, overgrown vegetation and noxious weeds which are
twelve (12) 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, and/or
any flammable material;
2.
All decayed or unwholesome food offered for sale to the public,
or offered to the public at no charge;
3.
All diseased animals running at large;
4.
All ponds or pools of stagnant water;
5.
Carcasses of dead animals not buried or destroyed within twenty-four
(24) hours after death;
6.
Accumulations 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;
7.
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;
8.
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;
9.
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;
10.
Common drinking cups, roller towels, combs, brushes or eating
utensils in public or semi-public places where not properly sanitized
after use;
11.
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 Ironton;
12.
Any vehicle used for garbage or rubbish disposal which is not
equipped with a water-tight 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;
13.
Any and all infestations of flies, fleas, roaches, lice, ticks,
rats, mice, fly maggots, mosquito larvae and hookworm larvae;
14.
Unlicensed dumps and licensed dumps not operated or maintained
in compliance with the ordinances of the City of Ironton 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;
and
16.
All other materials, conditions, 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 Ironton.
B.
Unlawful To Cause, Maintain Within City Or One-Half (1/2) 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 Ironton, or within one-half (1/2) mile of the corporate
limits of the City of Ironton, 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 ordinance
violation.
[Ord. No. 689, 4-11-2022]
B.
Notice And Order To Abate. Enforcement of this Article shall be the
responsibility of the Chief of Police. Enforcement shall commence
by providing notice to all owners, occupants and/or tenants of the
real estate upon which the nuisance exists. The notice may be delivered
by personal service, by certified mail, or by ordinary mail. If sent
by ordinary mail, there will be a refutable presumption that the letter
was delivered five (5) days after the date it was sent. The notice
shall generally describe the nature of the nuisance, the location
of the real estate, and order the real estate owner, occupant and/or
tenant to, within a period of seven (7) days from the receipt of the
notice, begin removing or abating the nuisance and to thereafter continue
to pursue the removal or abatement without unnecessary delay.
C.
Request For Hearing. Any owner, occupant and/or tenant who wishes
to challenge the order of abatement may do so, provided that within
the seven-day period he/she/it requests a hearing on the validity
of the order pursuant to the Missouri Administrative Procedure Act,
Chapter 536, RSMo. If no such request is made within the seven-day
time period, the order becomes final and is not subject to challenge
elsewhere. If such request is made, the hearing shall be conducted
by the Municipal Court Judge for the City of Ironton, Missouri. The
request for a hearing must be in writing, but otherwise no particular
formality is required. Notice to the real estate owner, occupant and/or
tenant of his/her right to request such hearing shall be given by
including a copy of this Article with any notice sent under authority
of this Section. Once a request for a hearing is received, the hearing
shall be conducted in accordance with the "contested case" provisions
of the State Administrative Procedure Act.
D.
Ordinance Violation. An owner, occupant and/or tenant who fails to begin removing or abating the nuisance within seven (7) days after receiving the notice, or if the owner, occupant and/or tenant fails to pursue the removal of such nuisance without unnecessary delay shall be deemed guilty of separate offense of failing to abate nuisance and, upon conviction, shall be punished as provided in Section 215.016 of this Article. Every day such nuisance is maintained after such notice shall constitute a separate and distinct offense.
[Ord. No. 689, 4-11-2022]
A.
Violation of this Article or the codes adopted herein shall be punishable
by a fine or by imprisonment in the County Jail in accordance with
the provisions of Chapters 479 and 79, RSMo. Each day any violation
of this Code or any such ordinance, rule, regulation or order shall
continue shall constitute, except where otherwise provided, a separate
ordinance violation.
B.
Any person sentenced to imprisonment for violation of any provisions
of this Code or of any other ordinance of this City or of any rule,
regulation or order promulgated pursuant thereto and any person who
fails to pay a fine imposed for any such violation or the costs of
prosecution may be put to work and perform labor on the public streets
or other public works or buildings of the City for such purposes as
the City may deem necessary. For every ten dollars ($10.00) of an
assessed or unpaid fine, a prisoner shall work one (1) hour.
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 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 Chief of Police
of his/her designee shall so declare and give written notice to the
owner of the property by personal service, certified mail, if otherwise
unsuccessful, by publication. Such notice shall, at a minimum:
1.
Declare that a public nuisance exists;
2.
Describe the condition which constitute such nuisance;
3.
Order the removal or abatement of such condition within seven
(7) days from the date of service of such notice;
4.
Inform the owner that he or she may file a written request for
a hearing before the Chief of Police of his/her designee on the question
of whether a nuisance exists upon such property; and
5.
State that if the owner fails to begin removing the nuisance
within time allowed, or upon failure to pursue the removal of such
nuisance without unnecessary delay, the Chief of Police of his/her
designee shall cause the condition which 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.
C.
If the owner of such property fails to begin removing the nuisance
within the time allowed, or upon failure to pursue the removal of
such nuisance without unnecessary delay, the Chief of Police of his/her
designee shall cause the condition which constitutes the nuisance
to be removed. If the Chief of Police of his/her designee causes such
condition to be removed or abated, the cost of such removal shall
be certified to the City Clerk and/or Chief of Police of his/her designee
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 until paid.
