[Ord. No. 43 §1, 6-8-1995; Ord.
No. 61 §1, 8-3-1995; Ord. No. 201 §1, 9-21-1998; Ord.
No. 294 §1, 10-16-2000; Ord. No. 351 §1, 2-19-2002; Ord.
No. 511 §1, 10-16-2006]
A. In
addition to any other act declared by ordinance to be a nuisance,
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 debris including, but
not limited to, weed cuttings; cut and fallen trees, tree limbs, or
shrubs; lumber not piled or stacked twelve (12) inches off the ground;
rocks; bricks; tin; steel; parts of derelict vehicles; furniture;
appliances; manure; rubbish; garbage; refuse; any flammable or toxic
material which may endanger public safety; and human and industrial,
noxious or offensive waste.
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
qualities, 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 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.
11. Any and all infestations of flies, fleas, roaches, lice, ticks, rats,
mice, fly maggots, mosquito larvae and hookworm larvae.
12. 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.
13. Unlicensed dumps, and licensed dumps not operated or maintained in
compliance with the ordinances of the City of Green Park and the Statutes
of the State of Missouri.
14. The discharge into a stormwater system of 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.
15. All other acts, practices, conduct, businesses, occupations, 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
Green Park.
16. Above ground storage tanks or other containers for gasoline or other
volatile fluid.
17. The burning of garbage, refuse, waste, leaves, straw or other combustible
materials in any ash pit, stove or incinerator on or in any street,
alley or on any private property.
18. All privies or private vaults not connected with a sanitary sewer
where available, or with an efficient septic tank in areas where sanitary
sewers are not available.
19. Any dirt gathered in the cleaning of yards, waste from industrial
or business establishments, or any rags, damaged merchandise, wet,
broken or leaking barrels, casks or boxes, or any materials which
are offensive, or tend by decay to become putrid or to render the
atmosphere impure or unwholesome.
20. Perforated, punctured, ruptured, broken, cracked or leaking sanitary
sewer lateral lines.
21. The removal or destruction of vegetation or the failure to establish
or maintain such vegetation on property within the City of Green Park
so as to cause or be very likely to cause damage to, or otherwise
adversely affect, adjoining private or public streets, storm sewers
or properties due to soil erosion or siltation.
22. Graffiti. For purposes of this Chapter, "graffiti" shall mean any writing, painting, drawing, etching,
scratching or marking of an inscription, word, mark, figure or design
of any type on any privately owned building, structure or other fixture
or improvement upon real property, which is applied without the prior
consent or authority of the owner or person in lawful possession of
such property.
23.
Discharge of water from a swimming pool, spa or hot tub onto
adjoining property.
[Ord. No. 692 §2, 9-15-2014]
24.
Discharge of water from a swimming pool into the storm sewer
system (drainage channel, storm drain inlet, or along the curbline
gutter of a paved street) with elevated chlorine levels, with pH levels
not within a range of 5.5 to 11.5, that causes erosion of the drainage
channel, or otherwise violates MSD standards.
[Ord. No. 692 §2, 9-15-2014]
[Ord. No. 43 §2, 6-8-1995]
No person shall cause, permit or maintain a nuisance, as defined by Missouri Statutes or City ordinances, within the City of Green Park or within one-half (½) mile thereof as prescribed by Section 71.780, RSMo. No person shall fail or refuse to abate or remove a nuisance within the time required by the Mayor as specified in Section
215.040 of this Article. Each day that a nuisance shall be maintained constitutes a separate offense.
[Ord. No. 43 §3, 6-8-1995]
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 designee shall have the authority
to order the immediate abatement of the nuisance in an appropriate
manner or the immediate vacation of the vicinity.
[Ord. No. 43 §4, 6-8-1995; Ord.
No. 294 §2, 10-16-2000; Ord. No. 668 §3, 3-18-2013]
A. Notice. If the Building Commissioner has reason to believe
that a nuisance is being maintained within the City, the City Administrator
or designee shall notify the person causing, maintaining or permitting
the same to forthwith remove, terminate or abate such nuisance within
a reasonable time as determined by the Building Commissioner after
consideration of the nature of the nuisance and the actions necessary
to remedy the situation. Such notice shall also state that upon failure
to abate the condition causing the nuisance within said time period,
the City shall have a hearing where all parties may be heard and present
evidence as to whether the condition constitutes a nuisance. Such
notices shall be given by first class United States mail or by posting
a copy thereof on the property involved and shall include a statement
of the condition constituting such nuisance and those actions necessary
to remove, terminate or abate the same. The notice shall include a
date, time, and place of the scheduled hearing no sooner than ten
(10) days after such notice and include a statement that the hearing
shall be deemed automatically canceled if the property owner abates
the conditions described in the notice within the time specified in
such notice.
B. Hearing. Should the person so notified fail to remove, terminate or abate such nuisance within the time specified, the scheduled hearing shall take place. Such hearing shall be before the Mayor, be under oath, which shall be administered by the Mayor, recorded, and all such parties shall have an opportunity to be heard and present evidence as to whether the condition maintained on the property constitutes a nuisance and whether the procedures of this Article were substantially complied with. After hearing all evidence, if the Mayor finds a nuisance is being maintained in violation of this Article, he/she may order the nuisance abated within a reasonable time. The order shall be in writing specifying the grounds for the order and the time that the nuisance must be abated and either provided at the hearing or shall be served to the affected persons in accordance with Section
215.040(A).
C. Abatement. Upon failure of the person to comply with the
Mayor's order, the City may cause the same to be promptly removed,
terminated or abated and thereafter certify the cost of such corrective
action to the City Administrator, who shall cause a special tax bill
to be issued in that amount against the property from which the nuisance
was removed, terminated or abated, the same to be collected with other
taxes assessed against the property. The special tax bill from the
date of its issuance shall be deemed a personal debt against the owner
and shall be a first (1st) lien against the property until paid and
shall be prima facie evidence of the recitals thereof and of its validity.
No mere clerical error or informality in such lien or in the proceedings
leading to its issuance shall be a defense thereto. The certified
costs associated with the removal, termination or abatement of such
nuisance shall include all expenses incurred by the City in the removal
of the nuisance including, but not limited to, the actual cost of
inspecting the land or lot, the actual cost of service of notice as
provided herein, the actual cost of abatement, reasonable attorneys'
fees, and the actual cost of issuing and recording the tax bill. Such
tax bill shall bear interest at the rate of six percent (6%) per annum
if not paid within thirty (30) days after issuance.
D. Other Remedies. Nothing in this Section shall limit the
right of the City or the Mayor to seek any other remedy allowed by
law in addition to or in lieu of the remedy specified herein.
[Ord. No. 43 §5, 6-8-1995; Ord.
No. 668 §4, 3-18-2013]
A. The
City may make a complaint before the Municipal Judge against any person
who fails to remove or abate a nuisance. Any person interested in
the removal or abatement of any nuisance may make a complaint before
the Municipal Judge.
B. Following
such a complaint the Municipal Judge shall summon the owner or occupant
of the property to answer the complaint. The Municipal Judge shall
have jurisdiction of the case and proceed in all respects as in other
cases of ordinance violations.
[Ord. No. 43 §6, 6-8-1995]
In addition to any other remedies or penalties established by
law, the Mayor may, on behalf of the City and after approval by the
Board of Aldermen, apply to a court of competent jurisdiction for
such legal or equitable relief as may be necessary to require the
abatement of any nuisance defined by this Article. In such action
the court may grant such legal or equitable relief, including, but
not limited to, mandatory or prohibitory injunctive relief, as the
facts may warrant. Upon the successful prosecution of any such action,
the City may be awarded by the court reasonable attorney's fees in
accordance with Section 79.383, RSMo.