City of Pleasant Valley, MO
Clay County
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Table of Contents
Table of Contents
Cross References — As to dangerous buildings as a nuisance, see ch. 505; as to prostitution houses deemed a nuisance, see §210.480.
Editor's Note — Ord. no. 2806 §1, adopted December 3, 2007, repealed ch. 215 "nuisances" in its entirety. Former ch. 215 derived from ord. no. 148 §§1 — 9, 6-2-61; ord. no. 2514 §§1 — 2, 12-2-02; ord no. 2668 §§1 — 2, 8-12-04; ord. no. 2706 §1, 8-1-05. Subsequently, ord. no. 2807 §1, adopted December 3, 2007, enacted the new provisions set out herein.
[Ord. No. 2807 §1, 12-3-2007]
The Board of Aldermen of the City of Pleasant Valley, Missouri, hereby declares it to be the purpose of this Chapter and the policy of the City to protect the health, safety, welfare, prosperity and peace of the citizens of Pleasant Valley and to prevent the depreciation of property within the City of Pleasant Valley by prohibiting nuisances. This Chapter and its provisions, specifically violations thereof, shall be enforced and addressed pursuant to Chapter 227 of this Code.
[Ord. No. 2807 §1, 12-3-2007]
For the purposes of this Chapter, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, all references to the singular shall include the plural and vice versa. The word "shall" is always mandatory and not merely precatory.
CITY
The City of Pleasant Valley, Missouri.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
[Ord. No. 2807 §1, 12-3-2007]
A. 
No person shall permit, cause, keep, maintain or commit any nuisance as defined by the laws of the State of Missouri or the ordinances of the City within the City limits of the City of Pleasant Valley, Missouri.
B. 
No owner, occupant or person in charge of any house, building, lot or premises within the City of Pleasant Valley shall cause or allow any nuisance to be or remain in or upon any such house, building, lot or premise.
C. 
The creation or maintenance of any condition which is in fact a nuisance is declared unlawful and subject to abatement and shall not be affected by the fact that it is not specifically enumerated in this Chapter.
D. 
The prohibitions provided in this Section 215.030 and violations of the same shall be enforced and addressed pursuant to Chapter 227 of this Code.
[Ord. No. 2807 §1, 12-3-2007]
The following acts or conditions are hereby declared to be nuisances, dangerous to the public safety and are hereby prohibited.
ANIMAL CARCASS
Permitting any animal carcass to remain exposed six (6) hours after death or permitting any part of the carcass of any animal, including the hide, to remain exposed six (6) hours after death.
FOUL WATER
The accumulation upon or discharge onto any street, sidewalk, lot, park, public square, public enclosure or any pond or pool of water or any liquid refuse, including slop, foul or dirty water or other liquid.
JUNK
The unsheltered storage of old, used, stripped or junked personal property of any kind (except in licensed junk yards) including lumber, building materials, junk, trash 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 or barrels.
LITTER
The accumulation of vegetable or animal waste, litter, garbage, yard wastes, filth or refuse or any rags, damaged merchandise, wet, broken or leaking barrels, casks or boxes or any materials which are offensive or which tend to decay or become putrid or unwholesome.
ODORS AND DUST
The emission or creation of offensive, disagreeable, noxious or toxic dust, vapor, fume, mist or odor.
RATS AND INSECTS
Permitting or maintaining any condition conducive to the harborage of rats, insects and other vermin.
SEPTIC TANK
Maintaining or permitting any unclean, stinking, foul, defective or filthy drain, ditch, septic tank or gutter or any leaking, broken garbage box or receptacle of like character.
STAGNANT WATER
Maintaining or permitting the existence of any pond or pool of unwholesome, impure or putrid water or any pond or pool of stagnant rainwater which is or may become offensive.
WEEDS
Permitting weeds or grass to attain the height of twelve (12) inches or more and permitting the accumulation of dead brush, branches or other plants. The word "weeds", as used herein, shall include all vegetable growths except cultivated plants, trees and shrubs.
[Ord. No. 2807 §1, 12-3-2007]
A. 
No above ground motor fuel storage tanks shall be permitted except:
1. 
Above ground tanks where the owner can demonstrate to the satisfaction of the Chief of Police that it is solely for agricultural uses.
2. 
The storage of ten (10) gallons or less of flammable or combustible liquids so long as such liquids are stored in a container sealed by means of a lid or other device so that neither liquid nor vapor will escape from it at ordinary temperatures.
3. 
The storage of combustible class 3b liquids only in the industrial zone.
4. 
Propane tanks.
"Motor fuel" includes, but is not limited to, gasoline and diesel fuel.
B. 
Any other above ground storage tanks of motor fuel now existing shall be considered a non-conforming use and the maintenance of the existing storage facilities shall not be deemed a violation of this Section.
C. 
No existing above ground storage of motor fuel shall be added to or replaced except as provided by the Zoning Code.
D. 
The prohibitions provided in this Section 215.050 and violations of the same shall be enforced and addressed pursuant to Chapter 227 of this Code.
[Ord. No. 2807 §1, 12-3-2007; Ord. No. 2987, 6-21-2010]
A. 
Definitions. As used in this Section, the following words shall have the meanings set out below:
DAMAGED OR DISABLED VEHICLE
Any vehicle which is not registered or is improperly registered with the State of Missouri, has been inoperable on public or private property for more than forty-eight (48) hours or is in such a state of repair as to be inoperable, except those on the premises of a duly licensed automobile repair or sales business or in a duly licensed automobile junking yard.
JUNK
Any metal, glass, paper, rags, wood, machinery, parts, cloth or other waste or discarded material of any nature or substance whatsoever or scrap or salvage materials.
JUNK VEHICLE
A vehicle which:
[Ord. No. 3190 § 1, 1-19-2016]
1. 
Is incapable of operation or use upon the highways and has no resale value except as a source of parts or scrap; or
2. 
Has been designated as junk or a substantially equivalent designation by this State or any other State.
PERSON
Any person, firm, partnership, co-partnership, corporation or other organization of any kind.
PROPERTY
Any land owned by the City or located within the City limits, not including streets and highways.
STREET OR HIGHWAY
The entire area between the boundary lines of every publicly maintained way when any part thereof is open to the use of the public for purposes of vehicular travel.
VEHICLES
Any machine propelled by power other than human power designed to travel along the ground by use of wheels, treads, runners or slides including, but not limited to, automobiles, trucks, trailers, motorcycles, tractors, buggies and wagons or any part thereof.
B. 
Violations Which Are Misdemeanors. No person shall be allowed to cause, keep or maintain any damaged or disabled vehicle, part thereof or junk to be located on any property, street or highway which presents a hazard to children or harbors tall grass, weeds or other vegetation or creates a 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 shall be deemed guilty of a misdemeanor. Each day of violation shall be deemed a separate offense.
C. 
Declaration And Abatement Of Nuisance.
1. 
Damaged and disabled vehicles and junk to be considered a nuisance. All persons owning or occupying any lot or tract of land in the City shall keep their property free from damaged or disabled vehicles or other junk. The presence of damaged or disabled vehicles or other junk on the property (public or private) for more than forty-eight (48) hours shall be deemed a public nuisance.
2. 
Notice. The Chief of Police or his or her properly authorized designees shall notify the offending property owner or the owner's agent in writing, either by personal service or by posting on the premises, that the damaged or disabled vehicles or other junk constitute a nuisance and ordering that said nuisance must be abated within seven (7) days.
3. 
Tax bill. If the Chief of Police causes a nuisance to be abated in accordance with this Section and certifies the cost of such abatement to the City Clerk, the City Clerk shall cause the certified costs to be included in a special tax bill or added to the annual real estate tax bill, at the Collector's option, against the property 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 each year. Such tax bills if not paid when due shall bear interest at the rate of eight percent (8%) per annum.
D. 
Code Enforcement Remedies. In addition to the remedies set forth in Subsections (B) and (C) of this Section, any violation of Section 215.060(B) shall also be considered a Code violation, which Code violation shall be addressed and remedied pursuant to the provisions and procedures provided in Chapter 227 of this Code.
[Ord. No. 2807 §1, 12-3-2007]
A live or dead tree which constitutes a hazard to the safety of person or of property, private or public, is hereby declared to be a nuisance. No person shall be allowed to cause, keep, maintain or commit such a nuisance; this prohibition shall be enforced and violation of the same shall be addressed pursuant to Chapter 227 of this Code.
[Ord. No. 2807 §1, 12-3-2007]
All stables, sheds or compartments in which a horse, cow or other animal shall be kept in such manner or in any place in which the refuse of such animal shall collect or accumulate or that any offensive smell shall be allowed to escape from is hereby declared to be a nuisance and dangerous to the public safety and prohibited; provided nothing in this Section shall be so construed as to include manure deposits on any private property for the purpose of enriching the soil thereon. No person shall be allowed to cause, keep, maintain or commit that which is hereby declared a nuisance; this prohibition shall be enforced and violation of the same shall be addressed pursuant to Chapter 227 of this Code.
[Ord. No. 2807 §1, 12-3-2007]
All malfunctioning private sewage disposal systems which allow polluted, raw or partially treated wastewater or effluent to be deposited or stand upon any premises shall be deemed a nuisance. When any private sewage disposal system has been determined to be malfunctioning, the owner of the said premises will be ordered to make connection to the public sewer if available. In addition, no person shall be allowed to cause, keep, maintain or commit that which is hereby declared a nuisance; this prohibition shall be enforced and violation of the same shall be addressed pursuant to Chapter 227 of this Code.
[Ord. No. 2807 §1, 12-3-2007; Ord. No. 3017, 9-7-2010]
A. 
Nuisance. No person shall interfere with or obstruct, without legal authority, any gutter, conduit, sewer, ditch, culvert, tube or other outlet for water or natural drainage upon any public or private property. Any property owner upon whose property a gutter, conduit, sewer, ditch, culvert, tube or other outlet runs shall keep the weeds, grass and brush growing in or around the same cut to a height of not more than seven (7) inches and shall keep said outlet free of trash and debris. Any obstruction or any failure of maintenance in accordance with these rules shall constitute 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. All owners, including owners by joint tenancy, tenancy by entirety or tenancy in common, shall be jointly liable for any nuisance as defined in Subsection (A).
D. 
Notice. Either the Building Inspector or the Chief of Police or their properly authorized designees shall notify the offending property owner(s) or the owner(s) agent in writing, either by personal service or by posting on the premises, that the owner(s) has either interfered with, obstructed, failed to maintain, or failed to keep free from debris the gutter, conduit, sewer, ditch, culvert, tube or other outlet for water or natural drainage in accordance with Subsection (A) and that said violation constitutes a nuisance. The notice shall order the owner to abate the nuisance within seven (7) days.
E. 
Disposition. In case the offending interference, obstruction, debris, weeds, grass or brush are not abated within the seven (7) days, either the Building Inspector or the Department of Public Works, or their properly authorized designees, may have the offending condition cut down and/or removed and shall certify the cost of same, together with a twenty-five dollar ($25.00) filing fee, to the City Collector, or in the City Collector's absence, to the City Clerk.
F. 
Fines. In addition to any other penalty herein described, any person owning or occupying any lot or tract of land in the City who shall fail to abide by the conditions set forth in Subsection (A) shall, upon conviction, be deemed guilty of a misdemeanor and shall be fined in any sum not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00). Each day that a violation of the standards established under this Section exists, occurs or continues constitutes a separate offense as to each separate lot or tract of ground owned or controlled by such owner.
G. 
Tax Bill. If either the Building Inspector or the Department of Public Works, or their properly authorized designees, causes a nuisance to be abated in accordance with this Section and certifies the cost of such abatement to the City Collector or the City Clerk, the City Collector or in the City Collector's absence, the City Clerk shall, with consent and approval of the Board of Aldermen, cause the certified costs to be included in a special tax bill or added to the annual real estate tax bill, at the Collector's option, against the property 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 Collector on or before the first (1st) day of June each year. Such tax bills if not paid when due shall bear interest at the rate of eight percent (8%) per annum.
[Ord. No. 2807 §1, 12-3-2007]
No person shall corrupt or render unwholesome or impure the water of any spring, river, stream, pond or lake. Any such corruption or rendering shall be deemed a nuisance; this prohibition shall be enforced and violation of the same shall be addressed pursuant to Chapter 227 of this Code.
[Ord. No. 2807 §1, 12-3-2007]
A. 
It is hereby declared a nuisance for any person to advertise wares or occupations by painting notices on or affixing notices to fences or other private property or on rocks or other natural objects without the consent of the owner or, if in the streets of the City of Pleasant Valley, Missouri, without the permission of the Board of Aldermen. No person shall be allowed to cause, keep, maintain or commit such a nuisance; this prohibition shall be enforced and violation of the same shall be addressed pursuant to Chapter 227 of this Code.
B. 
Garage sale and election signs shall not be deemed to be a nuisance if they are removed within twenty-four (24) hours after the completion of the garage sale and within ten (10) days after election.
[Ord. No. 2807 §1, 12-3-2007]
Any person who violates any Section of this Chapter shall, upon conviction, be punished by a fine of not less than one dollar ($1.00) nor more than five hundred dollars ($500.00) or by imprisonment in the appropriate jail for a term not exceeding ninety (90) days, or by both fine and imprisonment. Each day a violation of this Chapter continues shall be deemed a separate violation for purposes of the Section.
[Ord. No. 2807 §1, 12-3-2007]
In addition to the remedies set forth in this Chapter and Chapter 227 of this Code, the City may petition the Circuit Court of Clay County to enjoin any nuisance or threat to the public health, safety or welfare. The remedies set forth herein and in Chapter 227 are cumulative and not exclusive and the City may seek any legal or equitable remedy at its disposal, regardless of whether it has exhausted any other remedy available to it under this Chapter or Chapter 227.
[Ord. No. 2816 §§1 — 8, 1-7-2008; Ord. No. 2990, 6-21-2010; Ord. No. 3018, 9-7-2010]
A. 
Failure To Keep Weeds, High Grass And Brush 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 brush growing on such property cut and removed. Whenever such weeds, high grass or brush shall attain the height of seven (7) 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, grass or brush 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. Either the Building Inspector or the Chief of Police or their properly authorized designees shall notify the offending property owner or the owner's agent in writing, either by personal service or by posting on the premises, that the weeds, grass and/or brush constitute a nuisance and ordering that said nuisance must be abated within seven (7) days.
E. 
Disposition. In case the weeds, grass or brush are not cut down and removed within the seven (7) days, either the Building Inspector or the Department of Public Works, or their properly authorized designees, may have the weeds, grass and/or brush cut down and/or removed and shall certify the cost of same, together with a twenty-five dollar ($25.00) filing fee, to the City Collector, or in the City Collector's absence, to the City Clerk.
F. 
Fines. In addition to any other penalty herein described, any person owning or occupying any lot or tract of land in the City who shall fail to keep weeds, high grass and brush below a height of seven (7) inches shall, upon conviction, be deemed guilty of a misdemeanor and shall be fined in any sum not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00). Each day that a violation of the standards established under this Section exists, occurs or continues constitutes a separate offense as to each separate lot or tract of ground owned or controlled by such owner.
G. 
Exemptions. Exempted from the provisions of this Section are portions of lands that exceed three (3) acres which are lawfully used for agriculture. "Used for agriculture" means the use of land for tilling of the soil, the raising of field or tree crops or animal husbandry as a source of income.
H. 
Tax Bill. If either the Building Inspector or the Department of Public Works, or their properly authorized designees, causes a nuisance to be abated in accordance with this Section and certifies the cost of such abatement to the City Collector or the City Clerk, the City Collector or in the City Collector's absence, the City Clerk shall, with consent and approval of the Board of Aldermen, cause the certified costs to be included in a special tax bill or added to the annual real estate tax bill, at the Collector's option, against the property 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 Collector on or before the first (1st) day of June each year. Such tax bills if not paid when due shall bear interest at the rate of eight percent (8%) per annum.