Cross References — As to dangerous buildings as a nuisance, ch. 505; as to prostitution houses deemed a nuisance, §210.465.
[Ord. No. 2009-03 §2, 3-9-2009]
The following are declared to be nuisances affecting health:
All decayed or unwholesome food offered for sale to the public or offered to the public at no charge.
All diseased animals running at large.
All ponds or pools of stagnant water.
Carcasses of dead animals not buried or destroyed within twenty-four (24) hours after death.
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.
Garbage cans which are not fly-tight, that is, garbage cans which do not prevent the entry of flies, insects and rodents.
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.
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.
Common drinking cups, roller towels, combs, brushes or eating utensils in public or semi-public places where not properly sanitized after use.
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 Bonne Terre.
Any vehicle used for garbage or rubbish disposal which is not equipped with a water-tight 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.
Any and all infestations of flies, fleas, roaches, lice, ticks, rats, mice, fly maggots, mosquito larvae and hookworm larvae.
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.
Unlicensed dumps and licensed dumps not operated or maintained in compliance with the ordinances of the City of Bonne Terre and the Statutes of the State of Missouri.
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 interfere with the proper operation of the system or which will pollute the natural creeks or waterways.
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 Bonne Terre.
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 Bonne Terre or within one-half (½) mile of the corporate limits of the City of Bonne Terre, 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.
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.
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:
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 or her family over the age of fifteen (15) years.
Mailing a copy to such person at such place or address by United States certified mail return receipt.
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 lien holder of the property, if any, as documented therein, is and cause a written notice to be served on such lien holder by United States mail return receipt.
Notice to abate and/or notice for criminal citation. Whenever a nuisance is found to exist within the City or within the City's extraterritorial jurisdiction, the Chief of Police or other duly designated officer of the City may issue a criminal citation to appear in Municipal Court for maintaining a nuisance and/or give five (5) days' written notice to the owner or occupant of the property upon which such nuisance exists, or upon the person causing or maintaining the nuisance, to abate said nuisance as provided hereafter.
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.
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.
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.
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.
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.
[CC 2001 §8.08.100; Ord. No. 6.24 §10, 4-20-1995; Ord. No. 201203, 5-14-2012]
Failure To Keep Weeds, High Grass And Other Vegetation 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 other vegetation growing on such property cut and removed. Whenever such weeds, high grass or other vegetation shall attain the height of twelve (12) inches, it shall be deemed a public nuisance.
Unlawful To Maintain Such Nuisance. It shall be unlawful for any person to create or maintain a nuisance as defined in Subsection (A).
Liability. Whenever weeds, high grass or other vegetation 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.
Notice. The Chief of Police shall give a hearing after ten (10) days' notice thereof either personally or by United States mail to the owner or owners, or the owner's agents, or by posting such notice on the premises; thereupon, the Chief of Police may declare the weeds, high grass or other vegetation to be a nuisance and order the same to be abated within five (5) days.
Disposition. In case the weeds, high grass or other vegetation are not cut down and removed within the five (5) days, the Chief of Police shall have the weeds, high grass or other vegetation cut down and removed and shall certify the costs of same to the City Clerk.
Tax Bill. The City Clerk and/or finance officer 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.
Abatement Of Nuisance. 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 Section, which fee shall not exceed one hundred dollars ($100.00). The Enforcement Official shall certify the costs 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.
Maintenance Of Public Rights-Of-Way/Easements. Whenever private property abuts a public right-of-way or easement belonging to the City of Bonne Terre, or any other entity, and there exists in such right-of-way or easement a tree lawn or grassy area between the private property line and midline of said right-of-way or easement, then such tree lawn or grassy area shall be considered, for purposes of this Section 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 by 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 shall apply with equal force and effect to said tree lawn or grassy area.
[CC 2001 §8.08.110; Ord. No. 6.24 §11, 4-20-1995; Ord. No. 6.24A §1, 10-24-2000; Ord. No. 201203, 5-14-2012]
Subsequent Violations. If the nuisance is permitted to grow or accumulate on private property in violation of this Section more than one (1) time within ninety (90) days and a prior violation of this Section was prosecuted during the same ninety (90) day period in the manner set forth in Section 215.020, the City may, without further notification, remove such nuisance in the manner set forth in Subsection (G) of Section 215.020.
Penalties. Any owner, occupant or person in control of any property or properties described in Subsection (A) of Section 215.020 who shall violate or fail to comply with any provisions of this Article, including failure to comply with the notice described in Subsection (D) of this Section, shall be guilty of an offense. The fine for the first (1st) conviction shall be in the discretion of the court and shall not be more than seventy-five dollars ($75.00). The second (2nd) conviction within a three (3) year period shall be a minimum of seventy-five dollars ($75.00) and no more than one hundred fifty dollars ($150.00). The third (3rd) conviction within three (3) years of a previous conviction shall be a minimum of one hundred fifty dollars ($150.00) and no more than two hundred fifty dollars ($250.00) and a maximum of five hundred dollars ($500.00).