[R.O. 2009 §10-16; Ord. No. 487 §2, 10-12-1982]
The following words, terms and phrases, when used in this Article,
shall have the meanings ascribed to them in this Section, except where
the context clearly indicates a different meaning:
The legal owner or owners of any lot or ground located in
the City of Cool Valley including joint tenants, tenants by the entireties,
tenants in common, tenants in partnership or any other method of combined
ownership of property.
Any person who is in actual or legal possession of the premises.
A "person in possession" may be an owner, agent of the owner, lessee,
sublessee or tenant, whether said possession is evidenced by a writing
or not. A "person in possession" may have actual physical possession
or have a legal right to possession. Any person over eighteen (18)
years of age residing in said premises shall be a "person in possession"
and any person shown to be the last holder of an occupancy permit
issued by the City shall be a "person in possession". There may be
more than one (1) "person in possession" at any one (1) time.
[R.O. 2009 §10-17; Ord. No. 1009 §1, 2-27-2001; Ord. No. 1079 §2, 4-26-2005; Ord. No. 1106 §1, 9-27-2006]
A.
Any
act or thing done or made, permitted, maintained, allowed or continued
on any property, public or private, person or entity or any owner
or person in possession of property, to the annoyance, inconvenience,
detriment, damage, danger or injury to any inhabitant of the City,
is defined and declared to be a public nuisance.
B.
The
following are declared to be public nuisances:
1.
All decayed or unwholesome food offered for sale to the public or
offered to the public at no charge.
2.
All diseased, unlicensed or illegal animals running at large.
3.
All ponds or pools of stagnant water and all foul or dirty water
or liquid when discharged through any drain pipe, spout or otherwise
upon any public or private property.
4.
Carcasses of dead animals not buried or destroyed within twenty-four
(24) hours after death.
5.
Debris of any kind, weed cuttings, cut, fallen or hazardous trees
and shrubs, overgrown vegetation and noxious weeds, rubbish and trash,
lumber not piled or stacked twelve (12) inches off the ground, rocks
or bricks, tin, steel, parts of derelict cars or trucks, broken furniture,
any flammable material which may endanger public safety or any material
or condition which is unhealthy or unsafe and declared to be a public
nuisance.
6.
The pollution of any well, cistern, spring, underground water, stream,
lake, canal or body of water by sewage, waste or other substances
harmful to human beings.
7.
Unreasonable quantities of dense smoke, noxious fumes, gas, soot
or cinders or the presence of any gas, vapor, fume, smoke, dust or
any other toxic substance on any property or emitted from equipment
located on any property in quantities sufficient to be toxic, harmful
or injurious to any person or property.
8.
Common drinking cups, roller towels, combs, brushes or eating utensils
in public or semi-public places where not properly sanitized after
use.
9.
Any vehicle or receptacle used for garbage or rubbish disposal that
is not water-tight and so constructed as to prevent:
10.
Any and all infestations of flies, fleas, roaches, lice, ticks, rats,
mice, fly maggots, mosquito larvae and hookworm larvae.
11.
The keeping of animals and fowls in any area within the City except
domesticated animals kept as pets and as otherwise allowed by this
Code.
12.
Unlicensed dumps and licensed dumps not operated or maintained in
compliance with the ordinances of the City and the Statutes of the
State.
13.
The discharge 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.
14.
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.
15.
Any dog, cat, puppy, kitten or other animal soiling, waste or defecation
on urban property other than property of a person responsible for
the animal, unless such waste is immediately removed by a person responsible
for the animal and deposited in a waste container or buried on ground
where the person responsible for the animal has permission or the
right to bury it.
16.
Handbills on public or private property. No person shall tack, stick,
paste or fasten in any manner any handbill or flier containing commercial
advertising of a written, printed or pictorial nature upon any public
property within the limits of the City or on any motor vehicle, dwelling
or other structure within the City without the consent of the owner
or occupant thereof.
17.
Trees or other vegetation, or parts thereof, which are allowed to
overhang sidewalks or streets in such a way as to reasonably pose
an impediment to safe and easy passage or use by pedestrians or vehicles
or to interfere with the ability of motorists to readily observe official
signs along roadways or the conditions at an upcoming intersection
from a safe distance.
[R.O. 2009 §10-18; Ord. No. 1009 §1, 2-27-2001]
A.
No person shall cause, permit or maintain a public nuisance, as defined by the laws of the City or the State, within the City limits. No person shall fail or refuse to abate or remove a public nuisance within the time required by the City as provided in Section 215.050 hereof. Each day that a nuisance shall be maintained may be considered a separate offense. A person in violation of this Section shall, upon conviction, be punished as provided in Section 100.220 of this Code.
[R.O. 2009 §10-19; Ord. No. 1009 §1, 2-27-2001]
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 public nuisance, the Mayor or other designee of the City shall have the authority to order and effect the immediate vacation of the vicinity and the immediate abatement of the nuisance in an appropriate manner. Any cost incurred by the City for such nuisance abatement may be recovered from an owner of property as provided in Section 215.060 hereof.
[R.O. 2009 §10-20; Ord. No. 1009 §1, 2-27-2001]
A.
Upon
reasonable cause to believe that a public nuisance exists in violation
of this Article, the Chief of Police shall hold a hearing affording
the owner or person in possession a reasonable opportunity to be heard.
The Chief of Police shall cause to be given at least ten (10) days'
written notice of the hearing to the owner or person in possession.
The notice shall be served personally or by United States mail or
by posting the notice on the property or by a combination of such
methods. The person serving such notice shall certify the manner and
date of serving same.
B.
The
written notice to the owner or owners shall be in substantially the
following form:
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NOTICE OF HEARING FOR PUBLIC NUISANCE
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TO:
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NAME(S)
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ADDRESS(ES) OF OWNER OR OWNERS
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You are hereby notified that there exists certain conditions of, on or emanating from ____________________ (address of property) in violation of Section 215.030 of the Cool Valley City Code, to wit ____________________ (description of nuisance conditions). A hearing will be held before the Chief of Police at the hour of __________.m. on the ______ day of _______________, 20___, at the Cool Valley City Hall, 100 Signal Hill Drive, Cool Valley, Missouri, at which time and place you may appear and show cause, if any you have, why the property conditions described herein should not be declared a public nuisance and an order issued abating same.
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You are further notified that if said property condition(s)
are declared to be a public nuisance, an order will be entered to
abate same within five (5) days and if said condition(s) are not abated
within said five (5) days, the City of Cool Valley may take action
to abate same and the cost thereof may be assessed against said property
in the form of a special tax bill which shall be a first (1st) lien
on said property until paid and shall be collected with other taxes
assessed against said property according to law.
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C.
At such hearing the owner or person in possession shall be allowed to submit evidence as to why the property conditions described in the notice should not be declared a public nuisance. The owner or person in possession may be represented by counsel. After such hearing the Chief of Police may declare the identified property conditions to be a public nuisance and order that said conditions be abated within five (5) days. If the nuisance is not abated within five (5) days, the Chief of Police may order and effect the immediate abatement of same in an appropriate manner. Any cost incurred by the City for such nuisance abatement may be recovered from an owner of property as provided in Section 215.060 hereof.
[R.O. 2009 §10-21; Ord. No. 1009 §1, 2-27-2001]
In the event that the Chief of Police effects the abatement of the nuisance as allowed by Sections 215.040 or 215.050, the Chief of Police shall certify the abatement cost incurred to the City Clerk who shall cause a special tax bill against the property to be prepared and to be collected by the Collector with other taxes assessed against the property. The tax bill from the date of its issuance shall be a first (1st) lien on the property until paid and shall be a prima facie evidence of the recitals therein and of its validity. No mere clerical error or informality in the lien, or in the proceedings leading up to the issuance, shall be a defense. Such tax bills if not paid when due shall bear interest at the rate of eight percent (8%) per annum.
[R.O. 2009 §10-22; Ord. No. 1009 §1, 2-27-2001]
Any person authorized by the Chief of Police shall have the
right and authority to enter upon private property for the purpose
of abating a nuisance as declared in this Article and may use all
necessary, reasonable means for the purpose of abating the nuisance
and shall not be liable to the owner or the person in possession of
such property for damage to same caused by the abatement of such nuisance.
[R.O. 2009 §10-41; Ord. No. 1065 §1, 5-25-2004]
For the purpose of this Division, a "nuisance" shall consist of any activity which, when occurring in relation
to the use or occupancy of residential or commercial property, hurts,
annoys, inconveniences or causes damage to the inhabitants of the
City or a substantial part thereof with respect to welfare, health,
convenience or safety or with respect to the free use and comfortable
enjoyment of property.
[R.O. 2009 §10-42; Ord. No. 1065 §1, 5-25-2004]
A.
The
Cool Valley Police shall notify the Chief of Police or his/her designee
that there has been an arrest or a summons issued for violations of
City ordinance or State Statute relating to any of the following activities:
1.
Peace disturbance as prohibited by the Cool Valley Municipal Code.
2.
Lewd and/or lascivious behavior as prohibited by the Cool Valley
Municipal Code.
3.
Maintaining a house of prostitution as prohibited by the Cool Valley
Municipal Code.
4.
Noise as prohibited by the Cool Valley Municipal Code.
5.
The use of firearms as prohibited by the Cool Valley Municipal Code.
B.
The
Chief of Police or his/her designee shall then notify the owner of
the property through the issuance of a warning notice of the violations.
Said notice shall advise the owner that if an additional violation,
as listed in this Division, occurs within sixty (60) days from the
date of said warning notice, the Chief of Police or his/her designee
shall issue to the owner a final notice to abate. If an additional
violation, as listed in this Division, occurs subsequent to the final
notice to abate, the Chief of Police or his/her designee shall issue
an order to the owner declaring that there is reasonable cause to
believe that a public nuisance exists at the property in question.
Notice shall be by personal service, certified mail or by posting
on said property.
C.
Upon
the declaration by the Chief of Police or his/her designee that he/she
has reasonable cause to believe that a nuisance exists at a specific
property under the provisions of this Division, the Chief of Police
or his/her designee shall give notice of a hearing for the purpose
of determining whether the nuisance has been abated and, if not, then
to determine appropriate remedies for abatement and enforcement.
D.
Within
ten (10) working days of the mailing of the notice and the posting
of the notice of hearing, the Chief of Police or his/her designee
shall commence a hearing for the purpose of determining whether a
public nuisance continues to exist under the provisions of this Division.
All interested parties, including owners, lessees, mortgagors, tenants,
neighbors and Police Officers, may attend the hearing and present
testimony. The notice of hearing shall include the purpose of the
hearing, the date and time of the hearing and the location of the
hearing. The hearing officer shall take testimony under oath pertaining
to all relevant matters. The hearing may be continued, if necessary,
to conclude the investigation or for good cause shown.
E.
At
the conclusion of the hearing, the officer shall issue an order finding
that the activity occurring at the subject property is not a public
nuisance and no further action is required; or that the activity occurring
at the subject property does constitute a public nuisance, in which
case the hearing officer shall order appropriate means to abate the
activity. If deemed appropriate and necessary to abate the nuisance
activity, the hearing officer may prohibit the occupancy of the property
to the extent necessary to abate the nuisance but for a time period
of not less than thirty (30) days nor more than one (1) year. A copy
of said order shall be published in a newspaper of general circulation
in the City of Cool Valley and sent by certified mail to: the owner
of the involved property, the occupant(s) of the involved property,
if different from the owner, and the designated representative of
the petitioner. Any person adversely affected by said order shall
have a right of judicial review as provided by Section 536.100, RSMo.,
as amended.
F.
In
the event the hearing officer prohibits the occupancy of any property,
the owner of said property shall immediately secure the property from
use during the period of closure. In the event the owner fails to
secure the property as ordered, the Chief of Police or his/her designee
shall take all appropriate steps to undertake and complete the work
necessary to secure the property. Any cost incurred by the City in
securing a property under this Division shall be assessed against
the owner of the property.
G.
The
Chief of Police or his/her designee may promulgate rules and regulations
to carry out and give full effect to the provisions of this Section.
[R.O. 2009 §10-43; Ord. No. 1065 §1, 5-25-2004]
A.
As a complete alternative to the procedure set forth in Section 215.090 and notwithstanding any and all other methods provided by law, the Chief of Police or his/her designee shall have the authority to abate any activity which is deemed to be a nuisance as determined by the procedure set forth in Subsections (B) through (G) herein.
B.
The
Chief of Police or his/her designee, upon receipt of a petition signed
by a majority of the persons owning real property or a majority of
the registered voters occupying property, within a prescribed petition
circle drawn with a radius of three hundred (300) feet plus one-half
(½) of the width of the property alleged to be a public nuisance
from the center of the front of said property projected to the street,
alleging that the activity permitted by the occupants and/or owners
of said property, as factually set out in said petition, is of an
ongoing and continuous nature and constitutes a substantial detriment
to the health, welfare, safety and convenience of the subscribers
to the petition, shall hold a public hearing based on said petition.
C.
The
format for the petition shall be approved by the Chief of Police or
his/her designee and shall specifically state the type and nature
of the activity which is alleged to be of an ongoing and continuous
nature and constituting a substantial detriment to the health, welfare,
safety and convenience to the petition's subscribers.
D.
The
Chief of Police or his/her designee shall set a reasonable time for
the hearing on said petition. Not later than ten (10) working days
prior to said hearing, the Chief of Police or his/her designee shall
cause to be served a notice of said hearing and a copy of the petition
on the legal owner or owners of said property as determined by the
records of ownership maintained by the office of the Recorder of Deeds;
the occupants of said premise, if they are different from the legal
owner; and the person or persons designated to receive said notice
on behalf of the petitions. Service of said notice by certified mail
shall be deemed sufficient for the purposes of this Subsection.
E.
The City Clerk is hereby designated to review the petition filed in each proceeding and to verify the signatures appearing thereon with the property owners or the registered voters whose names appear on the Board of Election Commissioners' records, as the case may be, and whether such persons constitute a majority of property owners or registered voters in said petition circle. A report thereof shall be made to the Chief of Police or his/her designee prior to the setting of a hearing date on said petition. A hearing date shall not be set unless the signatures of a majority of the property owners or a majority of the registered voters in the petition circle are verified. Failure of a petition to contain sufficient signatures under the requirements of Subsection (B) herein shall not prohibit the refiling of a new petition regarding the same premises.
F.
The
hearing shall be conducted at the time and place set forth in the
notice. The Chief of Police or his/her designee shall commence a hearing
for the purpose of determining whether a public nuisance exists under
the provisions of this Division. All interested parties, including
owners, lessees, mortgagors, tenants and neighbors and Police Officers,
may attend the hearing and present testimony. The notice of the hearing
shall include the purpose of the hearing, the date and time of the
hearing and the location of the hearing. The hearing officer shall
take testimony under oath pertaining to all relevant matters. The
hearing may be continued, if necessary, to conclude the investigation
or for good cause shown.
G.
At
the conclusion of the hearing, the hearing officer shall issue an
order finding that the activity occurring at the subject property
is not a public nuisance and no further action is required; or that
the activity occurring at the subject property does constitute a public
nuisance, in which case the hearing officer shall order appropriate
means to abate the activity. If deemed appropriate and necessary to
abate the nuisance activity, the hearing officer may prohibit the
occupancy of the property to the extent necessary to abate the nuisance
but for a time period of not less than thirty (30) days nor more than
one (1) year. A copy of said order shall be published in a newspaper
of general circulation in the City and sent by certified mail to the
owner of the involved property; the occupant(s) of the involved property,
if different from the owner; and the designated representative of
the petitioners. Any person adversely affected by said order shall
have a right of judicial review as provided by Section 536.100, RSMo.,
as amended.
[R.O. 2009 §10-44; Ord. No. 1065 §1, 5-25-2004]
A.
In
determining whether the operation of a property is detrimental to
the neighborhood in which the property is located and therefore constitutes
a public nuisance, the hearing officer shall consider the following
factors, giving such weight thereto as he/she deems appropriate:
1.
The physical characteristics of the neighborhood in which the alleged
nuisance property is located, with particular consideration being
given to the proximity of the property to parks, churches, schools
and playgrounds;
2.
Loitering in the immediate vicinity of the alleged nuisance property
by persons frequenting the property;
3.
Littering committed by owner, occupant or persons frequenting the
alleged nuisance property;
4.
Drinking of alcoholic beverages in public by the owner, occupant
or persons frequenting the alleged nuisance property;
5.
Lewd and indecent conduct, including, but not limited to, public
urination, exhibited by the owner, occupant or persons frequenting
the alleged nuisance property, whether such behavior occurs on the
property or in the immediate vicinity thereof;
6.
Commission of crimes, ordinance violations or acts done, permitted,
allowed or continued to the damage or injury of any of the inhabitants
of the City upon or in the immediate vicinity of the property by the
owner, occupant or persons frequenting the alleged nuisance property;
7.
Possession, sale or use of controlled substances or illegal drugs
upon or in the immediate vicinity of the alleged nuisance property
by the owner, occupant or persons frequenting the property;
8.
Harassing or intimidating behavior exhibited by the owner, occupant
or persons frequenting or congregating about the alleged nuisance
property toward persons living in the neighborhood in which the property
is located or toward persons passing by the property;
9.
Noise associated with or caused by the owner, occupant or persons
frequenting the alleged nuisance property;
10.
Street or sidewalk congestion associated with or caused by the owner,
occupant or persons frequenting the alleged nuisance property;
11.
Discharging of any firearm upon said property;
12.
Any other activity deemed relevant by the Chief of Police or his/her
designee to the determination of whether said activity is detrimental
to the neighborhood in which the alleged nuisance property is located.
[R.O. 2009 §10-45; Ord. No. 1065 §1, 5-25-2004]
The lack of knowledge of, acquiescence or participation in or
responsibility for any alleged detrimental activity on the part of
the owner or occupant of the property shall not be a defense for such
owner or occupant in determining whether said activity is in fact
detrimental to the neighborhood in which the property is located.
For purposes of this Section, a person shall be considered to frequent
a property if he/she lives or works at or visits the property or if
he/she loiters about the immediate vicinity of the property but would
not do so except for the existence of the property.
[R.O. 2009 §10-46; Ord. No. 1065 §1, 5-25-2004]
Any person employed, or contracted with, for the abatement of
a nuisance as ordered under the provisions of this Division and any
agent or employee of such person shall have the right of entry for
that purpose into and upon any property.
[R.O. 2009 §10-47; Ord. No. 1065 §1, 5-25-2004]
It shall be the duty of the Police Department of the City of
Cool Valley to assist the Chief of Police or his/her designee and
his/her officers and employees in the discharge of their duties, as
may be required under this Division, whenever called upon to do so.
[R.O. 2009 §10-48; Ord. No. 1065 §1, 5-25-2004]
A.
It
shall be a violation of this Division for the owner, his/her agent
or the occupant of any residential or commercial property to fail
to obey an order to abate a nuisance under the provisions of this
Division.
B.
It shall be a violation of this Division to interfere with any entry permitted under Section 215.130 herein or any entry by any Police Officer, any officer or agent or employee of the City of Cool Valley for the purpose of abatement of any nuisance as ordered under the provisions of this Division.
C.
It
shall be a violation of this Division for any person to use or occupy
or to permit any other person to use or occupy any property ordered
closed pursuant to this Division.
D.
It
shall be a violation of this Division for any person to mutilate or
remove any order posted under the provisions of this Division.
[R.O. 2009 §10-49; Ord. No. 1065 §1, 5-25-2004]
Nothing in this Division shall be interpreted to supersede or
limit in any manner the authority of the Building Commissioner to
condemn property under the authority of any provision of the Cool
Valley Municipal Code.
[R.O. 2009 §10-50; Ord. No. 1065 §1, 5-25-2004]
All notices required under this Division shall be sent to the
owner of the property, the occupants of the property, the mortgagor,
if shown on the Recorder of Deeds records, and posted on the subject
property in a conspicuous place.
[R.O. 2009 §10-51; Ord. No. 1065 §1, 5-25-2004]
Closure of any property pursuant to this Division shall not
constitute an act of possession, ownership or control by the City
of Cool Valley of the closed property.
[R.O. 2009 §10-52; Ord. No. 1065 §1, 5-25-2004]
Nothing contained in this Division shall relieve the owner of
any property from complying with all other ordinances that relate
to property, fire or health codes or any other ordinance that regulates
the condition or use of the property.
[R.O. 2009 §10-53; Ord. No. 1065 §1, 5-25-2004]
