[CC 1964 §§640.020 (d — j); 640.100; Ord. No. 284 §640.020, 7-6-1993]
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 Northmoor.
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 Northmoor 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 Northmoor.
17.
Liquid refuse. All slop, foul or dirty water, liquid or beer washing, all filth, refuse or offal, discharge through drains or spouts or otherwise thrown or deposited in or upon any street, sidewalk, lot, park, public square, public enclosure or any pond or pool of water.
18.
Vegetable emitting noxious odor. All vegetables or other articles that emit or cause an offensive, noxious or disagreeable smell or odor.
19.
Matters causing injury, inconvenience or annoyance to public. All articles or things whatsoever caused, kept, maintained or permitted by any person to the injury, inconvenience or annoyance of the public.
20.
Acts injuring, annoying or inconveniencing public. All pursuits followed or engaged in, or acts done by any person to the injury, annoyance or inconvenience of the public.
21.
Advertising devices over streets. All hanging signs, ropes, net work or other advertising device stretched over or across any street or sidewalk.
22.
Trash, etc., on streets, lots, etc. All ashes, cinders, slops, filth, excrement, sawdust, rocks, dirt, straw, soot, sticks, shavings, egg shells, oyster shells or cans, dust, brush, logs, paper, trash, rubbish, manure, refuse, offal, waste fruit or vegetables, broken ware, rags, iron or other metal, old wearing apparel, all animal or vegetable matter, all dead animals or other offensive or disagreeable substance or thing thrown, left, deposited or caused to be left, thrown or deposited by anyone in or upon any street, sidewalk, park, public square, public enclosure, lot, vacant or occupied, or pond or pool of water.
23.
Trash, rocks, etc., washed onto streets, lots, etc., injurious to the public. All ashes, cinders, slops, filth, excrement, sawdust, rocks, gravel, dirt, straw, soot, sticks, shavings, dust, brush, logs, paper, trash, rubbish, manure, refuse, offal, waste fruit or vegetables, broken ware, rags, iron or other metal, old wearing apparel, all animal or vegetable matter, all dead animals or other offensive or disagreeable substance or thing thrown, left, deposited, caused or allowed to be left, thrown or deposited by anyone in or upon any lot, vacant or occupied, which are moved or washed by rain, wind, weather, operation of any motor vehicle or other device, or otherwise, onto a street. All such acts or omissions allowed or engaged in, or acts done by any person are deemed to be an injury, annoyance or inconvenience of the public.
[Ord. No. 2023-013, 12-12-2023]
24.
Junk. The unsheltered storage of old, used, stripped or junked personal property of any kind (except in licensed junk yard), including lumber, building materials, junk or other debris, abandoned, discarded or unused objects or equipment of any kind whatsoever, including household appliances, vehicle parts or tires, scrap metal, toys, furniture barrels.
[Ord. No. 2023-013, 12-12-2023]
25.
Abandoned, wrecked, inoperable or unlicensed vehicles.
[Ord. No. 2024-010, 7-2-2024]
a.
All abandoned, wrecked, inoperable or unlicensed motor vehicles as defined by this Section are hereby declared to be a nuisance.
b. ABANDONED MOTOR VEHICLE INOPERABLE MOTOR VEHICLE MOTOR VEHICLE MOTORCYCLE MOTORIZED BICYCLE UNLICENSED MOTOR VEHICLE WRECKED MOTOR VEHICLE
For the purposes of this Section, the following definitions shall apply:
Any motor vehicle or motorcycle which is left at a place for such time and under such circumstances as to cause such motor vehicle or motorcycle reasonably to appear to have been abandoned.
Any motor vehicle or motorcycle which for a period of at least the last thirty (30) days, the engine, wheels or other parts have been altered, damaged or otherwise segregated and the vehicle is incapable of being driven under its own motor power, except that the term shall not apply to include a motor vehicle or motorcycle which has been rendered temporarily incapable of being driven under its own power in order to perform ordinary services or repair operations, nor any motor vehicles or motorcycles that are kept within a building when not in use and historic vehicles over twenty-five (25) years of age or any vehicle inside an enclosed building.
Any self-propelled vehicle not operated exclusively upon tracks, except farm tractors and motorized bicycles.
Every motor vehicle having a seat or saddle for the use of the rider and designed to
Any two-wheeled or three-wheeled device having an automatic transmission and a motor with a cylinder capacity of not more than fifty (50) cubic centimeters which produces less than three (3) gross brake horsepower and is capable of propelling the device at a maximum speed of not more than thirty (30) miles per hour on level ground.
Any motor vehicle or motorcycle not displaying a current and validly issued license plate from the State of Missouri, provided that it shall not be a violation for individuals who are residents of States other than Missouri to park vehicles in the City of Northmoor so long as said vehicles are validly licensed in the State where the owner resides
A motor vehicle or motorcycle that is so damaged that it is incapable of being operated
B.
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 Northmoor, or within one-half (½) mile of the corporate limits of the City of Northmoor, 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 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.
D.
Abatement — Procedure Generally. In addition to the ordinance violation described in Subsection (A) above, whenever the Mayor receives notification that a nuisance may exist, the Mayor shall proceed as follows, except as may be otherwise provided herein:
[Ord. No. 2023-013, 12-12-2023]
1.
The Mayor shall investigate the same. The Mayor may order any person who has caused or is maintaining the nuisance to appear before the Mayor at such time and place as the Mayor may direct to show cause, if any, why that person should not abate the nuisance. Every person required to appear for a hearing before the Mayor shall have at least ten (10) days' notice thereof.
2.
Such notice shall be signed by the Mayor and shall be served upon that person either personally or by First Class United States Mail to the person creating or maintaining the nuisance, the owner or owners, or the owner’s agents, or by posting such notice on the premises, or upon any corporation, limited liability company or other similar entity by delivering the copy thereof to the president, registered agent or to any other officer at any business office of the corporation within or without the City.
3.
If after hearing all the evidence the Mayor may determine that a nuisance exists, the Mayor may order the person to abate the nuisance within five (5) days or within such other time as the Mayor 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 Mayor, 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 Mayor, the appropriate City Official may proceed to abate the nuisance in the manner provided by the order of the Mayor, and the cost of same, if ordered by the Mayor, 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 (by address or by legal description) therein the property upon which the work was done. The City Clerk shall cause such 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.
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.
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.
7.
As used herein the term Mayor shall include such person’s designee.
8.
If the Mayor determines that a nuisance exists, and orders the person to abate the nuisance as set forth in Subsection (D)(3) above, such person may appeal the decision to the City to the Board of Alderpersons so long as the appeal is filed, in writing, with the City Clerk prior to the end of the abatement period as set forth in the Mayor’s order. The Board of Alderpersons shall hear the appeal and uphold or overturn the decisions of the Mayor or make such modifications as deemed appropriate.
If the Mayor’s Decision is upheld and/or abatement otherwise ordered by the Board of Alderpersons, such person may, within ten (10) days from the mailing of the order of the Board of Alderpersons, appeal such decision to the Circuit Court of Platte County. |
E.
Continuation Of Violation After Conviction. For every day after the conviction of any person for the violation, failure, neglect or refusal to comply with any provision, regulation or requirement of this Section that such nuisance is continued, such person shall be deemed and taken to be guilty of a separate and distinct offense, for which he/she may be again arrested, tried, convicted and punished as in the first instance.