Cross References — As to dangerous buildings as a nuisance, see ch. 505; as to prostitution houses deemed a nuisance, see §210.460.
[Ord. No. 300 §§1 — 2, 3-10-1997]
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. 
Any structure, well, pond, equipment, property or hazard, whether man-made or natural, which by its nature attracts children and places them in danger.
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 accumulation or collection of junk, rubbish, used automotive parts, appliances, tires, oil drums, scrap metal, scrap iron or other equipment which is not properly stored or discarded according to ordinances or governmental regulations and which is not stored in a covered, four (4) sided building.
9. 
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.
10. 
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.
11. 
Common drinking cups, roller towels, combs, brushes or eating utensils in public or semi-public places where not properly sanitized after use.
12. 
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 New London.
13. 
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.
14. 
Any and all infestations of flies, fleas, roaches, lice, ticks, rats, mice, fly maggots, mosquito larvae and hookworm larvae.
15. 
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.
16. 
Unlicensed dumps, unlicensed junk yards and licensed dumps not operated or maintained in compliance with the ordinances of the City of New London and the Statutes of the State of Missouri.
17. 
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.
18. 
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 New London.
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 New London, or within one-half (½) mile of the corporate limits of the City of New London, 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. 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. 
It shall investigate the same. The Board may order any person who has caused or is maintaining the nuisance to appear before the Board at such time and place as the Board may direct to show cause, if any, why that person should not abate the nuisance. Every person required to appear before the Board shall have at least ten (10) days notice thereof.
2. 
Such notice shall be signed by the Health Officer or 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 Health Officer or 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 for the repairing of sidewalks or grading or paving of streets 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.
Any person in physical possession and control of any animal shall remove excreta or other solid waste deposited by the animal in any public or private area not designated to receive such wastes, including but not limited to streets, sidewalks, parking lots, public parks or recreation areas and private property. The provisions of this Section shall not apply to a guide dog accompanying any blind person.
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 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.
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. 
Damaged Or Disabled Vehicle. Any person who allows 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. 
Complaints, How Made. Any complaint by any person, including Police Officers, shall be made to the Board of Aldermen or their appointed representative. The Board of Aldermen or their appointed representative shall then review the complaint and any evidence produced in support thereof. If the Board of Aldermen or their appointed representative determines that there is a nuisance within the meaning of this Section, they or their appointed representative shall begin proceedings against the person or persons creating or maintaining such nuisance as provided in this Section.
D. 
Notice. Whenever the Board of Aldermen determines that any vehicle or junk is a nuisance as defined herein, the Chief of Police shall cause written notice to be served upon the owner of the vehicle or junk, by registered mail or by personal service. The notice shall state that the vehicle or junk is deemed to be a nuisance within the provisions of Subsection (B) hereof, and shall briefly state facts deemed to constitute such vehicle or junk a nuisance within the terms of this Section, and state that the nuisance shall be abated within seven (7) days from receipt of such notice.
E. 
Hearing. Whenever the owner or custodian of any nuisance as defined in Subsection (B) has been served with written notice as provided in Subsection (D) of this Section, the owner or custodian of said nuisance shall be given an opportunity to appear before the Board of Aldermen to be allowed a hearing on the existence of said nuisance. The right to a hearing shall be contained in the notice as provided in Subsection (D) of this Section. As stated in Subsection (D) the violator shall have seven (7) days to abate the nuisance or to appear before the Chief of Police or other designated official. Should the violator fail to comply, the Chief of Police or designated official shall service the case to the Municipal Judge for prosecution at which time a summons will be served to the violator.
F. 
Proceedings When Owner Or Custodian Cannot Be Located. When the owner or custodian of any nuisance as defined in Subsection (B) cannot be located by a reasonable search, the notice shall be attached to the property, briefly stating facts deemed to constitute the property a nuisance and stating that the nuisance shall be abated within seven (7) days of the date notice was posted, or if the vehicle is on public property, within two (2) days of the date notice was posted.
G. 
Duty Of The Owner Or Custodian. Any person receiving the notice provided for above shall comply with the provisions of the notice requiring abatement. Failure to comply with this provision is unlawful.
H. 
Disposition. If not removed within the times specified in the notice, the vehicle or junk shall be transported to a storage area by or at the direction of the Chief of Police or his/her duly authorized representative at the expense of the owner or person in custody thereof. It shall then be stored for a period of at least ninety (90) days, and the person entitled to possession thereof may redeem the property by payment to the City of the actual cost of its removal and a reasonable storage fee. If the vehicle or junk is unredeemed after the expiration of the ninety (90) day period, the Chief of Police may sell it to the highest bidder or, if it has no sale value, may otherwise dispose of it. Any money received from disposal of any vehicle or junk shall be applied to the expenses charged to the owner or person in charge thereof.
I. 
Notice Of Sale. Prior to the sale of any such property, Chief of Police shall cause to be posted in City Hall, place of storage and at least one (1) other public place in the City, a notice of sale stating
1. 
That the City is selling abandoned property;
2. 
The color, make, year, motor number and serial number, if available, and any other information necessary for an accurate identification of the property;
3. 
The terms of the sale; and
4. 
The date, time and place of the sale. This notice shall be published not less than ten (10) or more than thirty (30) days prior to the date of the sale.
J. 
Entry Onto Private Property. The Chief of Police or his/her duly authorized representative may enter upon private property for inspection or for the purpose of removing any vehicle or junk in accordance with this Section. If any person refuses to allow entry onto his/her private property, the Chief of Police may obtain a warrant from the proper official and proceed in accordance therewith.
[Ord. No. 315 §1, 8-13-2001]
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 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, 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 other designated City official shall give a hearing after ten (10) days' notice thereof, either personally or by United States mail to the owner or owners, or his/her or their agents, or by posting such notice on the premises; thereupon, the Chief of Police or other designated City official may declare the weeds to be a nuisance and order the same to be abated within five (5) days.
E. 
Disposition. In case the weeds are not cut down and removed within the five (5) days, the Chief of Police or other designated City official shall have the weeds cut down and removed, and shall certify the costs of same to the City Clerk.
F. 
Tax Bill. The City Clerk shall cause a 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.
G. 
Violations. In addition to the foregoing Subsections, any persons owning or occupying any lot or tract of land in the City in violation of Section 215.040 shall be guilty of the offense of weed violation which shall be punishable by a fine not to exceed one hundred fifty dollars ($150.00).
[Ord. No. 392, 9-14-2015; Ord. No. 401, 7-11-2016]