Cross References: As to dangerous buildings as a nuisance, Ch. 505.
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.
Garbage cans which are not flytight, that is, 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
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.
9.
Common drinking cups, roller towels, combs, brushes or eating
utensils in public or semipublic places where not properly sanitized
after use.
10.
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 Kennett.
11.
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.
12.
Any and all infestations of flies, fleas, roaches, lice, ticks,
rats, mice, fly maggots, mosquito larvae and hookworm larvae.
13.
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.
14.
Unlicensed dumps and licensed dumps not operated or maintained
in compliance with the ordinances of the City of Kennett and the Statutes
of the State of Missouri.
15.
No person shall discharge or cause to be discharged into a stormwater
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 interfering with the proper operation
of the system or which will pollute the natural creeks or waterways.
16.
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
Kennett.
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 Kennett or within one-half (1/2) mile of the corporate limits of
the City of Kennett, 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 as a separate
offense.
C.
Abatement Generally.
1.
Abatement Of Nuisance — Abatement Officer. Whenever the
Abatement Officer for the City shall ascertain or have knowledge that
a nuisance exists on any premises in the City, he/she shall, by written
notice, notify the persons occupying or having possession of said
premises to abate or remove such nuisance within the time to be specified
in such notice, not less than fifteen (15) days. Failure to abate
such nuisance within the time specified within the notice, or failure
to pursue the removal or abatement of such nuisance without unnecessary
delay, shall be deemed an ordinance violation.
2.
Notice. The Abatement Officer shall determine all individuals,
firms or corporations who, from the records in the Recorder of Deeds'
office, appear to be the titled owners of the aforesaid property and
immediately cause a written notice to be served on each such individual,
firm or corporation by one (1) of the following methods:
a.
The delivery of a true copy of the notice to the person(s) intended
to be notified, or the leaving of a copy at his/her usual place of
abode with some member of his/her family over the age of fifteen (15)
years.
b.
Mailing a copy to such person at such place or address by United
States certified mail return receipt.
c.
If service of such written notice is unable to be perfected
by any of the methods described above, the Abatement Officer shall
direct the City Clerk to cause a copy of the aforesaid notice to be
published in a newspaper of general circulation in the County where
the City is located, once a week for two (2) consecutive weeks and
shall further cause a copy of the aforesaid notice to be left with
the individual, if any, in possession of such property on which it
is alleged such public nuisance exists, or if there is no individual
in possession thereof, the Abatement Officer shall cause a copy of
the notice to be posted at such structure, location or premises. The
Abatement Officer may also determine from the Recorder of Deeds' office
who the lienholder of the property, if any, as documented therein,
is and cause a written notice to be served on such lienholder by United
States mail return receipt.
3.
Summary Abatement. Whenever it becomes necessary to abate a
nuisance immediately in order to secure the general health, welfare
or safety of the City or any of its inhabitants, the City is authorized
to abate such nuisance without notice and may use any suitable means
or assistance for that purpose, whether by employees of the City or
laborers especially employed for that purpose, or any other help or
assistance necessary therefor.
4.
Municipal Court May Order Abatement — Cost Of Abatement
By The City, How Paid. If, upon a trial for the failure to abate such
nuisance within the time specified within the notice or failure to
pursue the removal or abatement of such nuisance without unnecessary
delay, the Judge of the Municipal Court shall find that a violation
exists and that the defendant has had proper notice as provided in
this Section and that the defendant has failed to abate the nuisance,
the Judge of the Municipal Court shall, in addition to the penalty
for violating this Section, make an order directing the Abatement
Officer to abate such nuisance forthwith and immediately report the
expenses thereof to the City Clerk or officer in charge of finance
who shall cause the certified cost to be included in a special tax
bill or added to the annual real estate tax bill, at the collecting
official's option, for the property and the certified cost shall be
collected by the City Collector or other official collecting taxes
in the same manner and procedure for collecting real estate taxes.
If the certified cost is not paid, the tax bill shall be considered
delinquent, and the collection of the delinquent bill shall be governed
by the laws governing delinquent and back taxes. The tax bill from
the date of its issuance shall be deemed a personal debt against the
owner and shall also be a lien on the property until paid.
5.
Right Of Entry. Any person or contractor employed by or under
contract with the City for the abatement of a nuisance and any agent
or employee of such contractor shall have the right of entry for that
purpose into and upon any premises and it shall be unlawful to interfere
with any Police Officer, Abatement Officer or any officer, agent or
employee of the City or with any representative of the City engaged
in the abatement of any nuisance pursuant to an order of the Municipal
Judge or any summary abatement as described above.
6.
Remand And Hearing. In case the Municipal Judge shall determine
that abatement of any alleged nuisance is not immediately necessary
for the protection of the health of the inhabitants of the City, he/she
may, instead of entering a finding, remand the matter to the City
Council and the City shall hold a hearing before declaring the same
to be a nuisance and ordering its abatement. At least fifteen (15)
days' notice of such hearing shall be given to the owner or occupant
of the premises upon which such alleged nuisance exists or to his/her
agent or to the person causing or maintaining such alleged nuisance,
which notice shall state the time and place of such hearing. All interested
parties may appear at such hearing either in person or by attorney
and present evidence concerning the matters at issue. If, upon such
hearing, the City Council finds that a nuisance exists, it shall order
the owner, occupant or agent of such property, or the person causing
or maintaining such nuisance, to abate the same and if the same be
not abated within the time prescribed by the City Council in such
order, the matter may again be presented for prosecution before the
Municipal Court for determination.
7.
Court Suit Authorized. Nothing in this Section shall be construed
as abandoning or limiting the City's right to bring suit for all expenses
attending the abatement of a nuisance, when performed by the City,
in any court of competent jurisdiction in the name of the City against
the person maintaining, keeping, creating or refusing to abate the
nuisance so abated.
[R.O. 1997 § 220.040; Ord. No.
2594 § 1, 8-1-2000]
A.
Any condition on any lot or land that has the presence of debris
of any kind is hereby declared to be a public nuisance, subject to
abatement. "Debris" includes weed cuttings, cut and fallen trees and
shrubs, overgrown vegetation and noxious weeds which are seven (7)
inches or more in height, 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, and/or any flammable
material.
B.
"Weeds" are defined as all grasses, annual plants and vegetation,
other than trees or decorative shrubs, cultivated flowers, ornamentals,
and garden plants. Vegetation harmful or irritating to the human touch
shall be removed, including, but not limited to, poison ivy, poison
oak and poison sumac. The word "debris" also includes any other material
found on any lot or land that is unhealthy or unsafe, provided:
[R.O. 1997 § 220.045; Ord. No.
2880 § 1, 10-18-2011]
No owner, lessee or occupant, or any agent, servant, representative
or employee of any such owner, lessee or occupant, having control
of any lot of ground or any part of any lot, shall allow or maintain
on any such lot any growth of weeds or grass to a height of seven
(7) inches or more, or debris, as defined in this Chapter. Whenever
private property abuts a public right-of-way or easement belonging
to the City of Kennett, or any public entity, and there exists in
such right-of-way or easement a tree, lawn or grassy area between
the private property line and the midline of said right-of-way or
easement, then such tree, lawn or grassy area shall be considered,
for purposes of this Section and Chapter requiring cutting of grass
and weeds, to be a part of the private lot which abuts the right-of-way
or easement, and it shall be the duty of those responsible under this
Section for the maintenance of the private lot to equally maintain
the tree lawn or grassy area within the abutting right-of-way or easement,
and all of the provisions of this Section and Chapter shall apply
with equal force and effect to said tree lawn or grassy area.
[R.O. 1997 § 220.050; Ord. No.
2594 § 1, 8-1-2000]
A.
Enforcement of this Article shall be the responsibility of the Property
Maintenance Officer or other officer designated by the Fire Chief.
Enforcement shall commence by providing notice to the owner of the
property of the nuisance condition existing on his/her/its property.
The notice may be delivered by personal service, by certified mail,
or by ordinary mail. [If sent by ordinary mail, there will be a rebuttal
presumption that the letter was delivered five (5) days after the
date it was sent.]
B.
The notice shall generally describe the nature of the nuisance, the
location of the property (using the mailing or popular address rather
than a legal description when reasonably possible to do so), and ordering
the property owner to, within a period of seven (7) days from the
receipt of the notice, abate the nuisance.
[R.O. 1997 § 220.060; Ord. No.
2594 § 1, 8-1-2000]
A.
Any property owner or lien holder who wishes to challenge the order
of abatement may do so, provided that within the seven-day period
following receipt of the notice provided in this Article, he/she/it
requests a hearing on the validity of the order, in writing, to the
Property Maintenance Officer or other officer sending said notice.
If no such request is made within that time period, the order becomes
final and is not subject to challenge elsewhere. If such a request
is made, the hearing shall be conducted by the Fire Chief or other
officer designated by the Fire Committee of the City Council under
the following procedures:
1.
The Fire Chief shall conduct a full and adequate hearing upon
the question of whether the nuisance as described in fact exists.
The Fire Chief may amend or modify the notice, or extend the times
for compliance with the notice by the owner by such date as the Fire
Chief in the course of the hearing may determine. The property owner
or lienholder or their representative or agents of the subject property
shall be given the opportunity to present evidence to the Fire Chief
in the course of the hearing.
2.
Should the evidence support a finding that the weeds or debris
described in the notice constitute a nuisance, the Fire Chief shall
issue an order making specific findings of fact, based upon competent
and substantial evidence, which shows the existence of the nuisance
and ordering the nuisance removed or otherwise abated by the City.
3.
The Fire Chief, upon written application by the owner at any
time within the period after the notice has been served, may grant
additional time for the owner to effect the abatement of the nuisance,
provided that such extension is limited to a specific time period.
4.
If the decision of the Fire Chief is not appealed to the Circuit
Court within thirty (30) days of the date of the mailing of the decision,
the decision shall be declared final in accordance with Chapter 536,
RSMo.
B.
Definition. The term "Fire Chief" as used in this Article shall mean
the Fire Chief of the City of Kennett or any other official named
by the City Council to conduct hearing under this Article.
[R.O. 1997 § 220.070; Ord. No.
2594 § 1, 8-1-2000; Ord. No. 2876 § 1, 8-2-2011]
If the nuisance is present on the property seven (7) days after
receipt of the notice by the property owner, the enforcement officer
shall cause the same to be abated. The costs of abatement may include
a fee for the City's costs in administering this Article, which
fee shall not exceed one hundred fifty dollars ($150.00). The enforcement
official shall certify the cost of such abatement to the City Clerk
or other officer in charge of finance who shall cause the certified
cost to be included in a special tax bill or added to the annual real
estate tax bill, at the collecting official's option, and shall
be collected in the same manner and procedure as for collecting real
estate taxes.
[R.O. 1997 § 220.075; Ord. No.
2594 § 1, 8-1-2000]
An owner who fails to remove a nuisance within seven (7) days of being notified to do so by the notice/abatement order described in Section 215.060 above shall be guilty of an offense and may, at the option of the City, be charged in Municipal Court with the offense of failure to abate a nuisance and fined as set out in Chapter 100, Article III.
[R.O. 1997 § 220.080; Ord. No.
2016 § 5, 5-19-1987]
The word "person" as used in this Article shall mean and include
one (1) or more persons of either sex, natural persons, corporations,
partnerships, associations, joint stock companies, societies and all
other entities of any kind, capable of being sued.
[R.O. 1997 § 220.090; Ord. No.
2488 § 1, 9-24-1996]
It shall be unlawful for the owner of any property who has received
a compliance order or upon whom a notice of violation of this Article
has been served to sell, transfer, mortgage, lease, or otherwise dispose
of said property to another until the provisions of the compliance
order or notice of violation have been complied with, or until such
owner shall first furnish the grantee, transferee, mortgagee or lessee
a true copy of any compliance order or notice of violation issued
by the Property Maintenance Officer and shall furnish to the Property
Maintenance Officer a signed and notarized statement from the grantee,
transferee, mortgagee or lessee, acknowledging the receipt of such
compliance order or notice of violation and fully accepting the responsibility
without condition for making the corrections or repairs required by
such compliance order or notice of violation.
