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3, 2007, repealed ch. 215 "nuisances" in its entirety.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.
The City of Pleasant Valley, Missouri.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
[Ord. No. 2807 §1, 12-3-2007; Ord.
No. 3374, 5-18-2020]
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.
The
Chief of Police or their properly authorized designees shall notify
the offending property owner, or owner’s agent, either by personal
service or by mail, of anything that constitutes a nuisance and ordering
that said nuisance shall be abated within seven (7) days.
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.
[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.
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.
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.
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.
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.
The emission or creation of offensive, disagreeable, noxious
or toxic dust, vapor, fume, mist or odor.
Permitting or maintaining any condition conducive to the
harborage of rats, insects and other vermin.
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.
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.
Permitting weeds or grass to attain the height of seven (7)
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. 3499, 3-6-2023]
[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.
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"Motor fuel" includes, but is not limited to,
gasoline and diesel fuel.
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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.
[Ord. No. 2807 §1, 12-3-2007; Ord. No. 2987, 6-21-2010]
A.
DAMAGED OR DISABLED VEHICLE
JUNK
JUNK VEHICLE
PERSON
PROPERTY
STREET OR HIGHWAY
VEHICLES
Definitions. As used in this Section, the following words
shall have the meanings set out below:
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.
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.
A vehicle which:
[Ord. No. 3190 § 1, 1-19-2016]
Any person, firm, partnership, co-partnership, corporation
or other organization of any kind.
Any land owned by the City or located within the City limits,
not including streets and highways.
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.
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. If the property owner does not occupy the property,
then the notice shall also be given to any occupant.
[Ord. No. 3437, 2-21-2022]
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. If the property owner does not occupy the property, then the notice shall also be given to any occupant.
[Ord. No. 3437, 2-21-2022]
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; Ord.
No. 3374, 5-18-2020]
Any person who violates any Section of this Chapter shall, upon
conviction, be punished by a fine of not more than five hundred dollars
($500.00). Each day a violation of this Chapter continues shall be
deemed a separate violation for purposes of this 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; Ord. No. 3374, 5-18-2020]
A.
Failure
To Keep Weeds, High Grass And Brush Cut And Removed, A Nuisance. All
persons owning, or owner’s agent of, 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.
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 mail, that the weeds, grass and/or
brush constitute a nuisance and ordering that said nuisance must be
abated within seven (7) days. If the property owner does not occupy
the property, then the notice shall also be given to any occupant.
[Ord. No. 3437, 2-21-2022]
E.
Disposition.
In case the weeds, grass or brush are not cut down and removed within
the seven (7) days, the Public Works Director, or their properly authorized
designees, may have the weeds, grass and/or brush cut down and/or
removed.
F.
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 fields or crops.
G.
Tax
Bill. If the Public Works Director, 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 Clerk, 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 against the property;
in addition to costs and fees, the special tax bill bears interest
at the rate of ten percent (10%) per annum from the date of the bill
and is a special tax lien against the aforementioned land as described
in the bill, and its issuance is prima facia evidence of the liability
of the property charged. The lien shall continue for a period of six
(6) years from the date of the special tax bill unless sooner paid.
