[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.
[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]