Cross References — As to dangerous buildings as a nuisance, ch. 505; as to prostitution houses deemed a nuisance, §210.465.
Editor's Note — Ord. no. 1453 §I, adopted March 21,
2011, amended ch. 215 "nuisances" sections 215.010 — 215.100
and enacted new provisions set out herein. Former sections 215.010
— 215.100 derived from R.O. 2006 §§220.030(3 —
15) — 220.050, 220.090, 220.110, 220.150; CC 1986 §§74.030
— 74.050, 62.040, 65.050; ord. no. 1188 §§1 —
2, 6-10-1996; ord. no. 1426 §I, 2-5-2009; RSMo. §71.780,
71.285, 2004.
[Ord. No. 1453 §I, 3-21-2011]
A.
Pursuant
to the provisions of Section 67.398, RSMo., and all other applicable
provisions of the Revised Statutes of Missouri, the following conditions
are hereby declared to be public nuisances, subject to abatement as
provided in the following Sections. The conditions listed in this
Section are not intended to be an exhaustive list of conditions that
may constitute a nuisance. Nuisances may also be determined by reference
to other provisions of this Code, or by reference to the statutory
or common laws of the State.
B.
No
person shall cause, maintain or permit on public property or on premises
owned or controlled by such person a nuisance as defined by the laws
of this State or this Chapter. For purposes of this Section, a "person" shall include individuals, private corporations,
firms, partnerships, associations, executors, administrators trustees,
receivers, or other representative appointed according to law.
[Ord. No. 1453 §I, 3-21-2011]
A.
Pursuant
to the provision of Section 67.398, RSMo., and all other applicable
provisions of the Revised Statutes of Missouri, the following conditions
are hereby declared to be public nuisances, subject to abatement as
provided in the following Sections. The conditions listed in this
Section are not intended to be an exhaustive list of conditions that
may constitute a nuisance. Nuisances may also be determined by reference
to other provisions of this Code, or by reference to the statutory
or common laws of the State.
B.
General Definition. The following things and conditions
are hereby declared to be nuisances but this list shall by no means
be deemed exhaustive or exclusive:
1.
Weed cuttings;
2.
Cut and fallen trees and shrubs;
3.
Overgrown vegetation and noxious weeds which are ten (10) inches
or more in height (Exceptions. This Subsection shall not apply to
cultivated garden plants and flowers, shrubbery, ornamental trees,
shade trees or fruit trees, nor shall this apply to any property being
zoned agricultural.);
4.
Rubbish and trash of every type, whether located on or under the
ground (except that located in an approved and licensed landfill),
except that which is stored in hard plastic or metal, water-tight
and fly-tight containers awaiting pickup for disposal by licensed
trash disposal companies which are placed at curbside no more than
twenty-four (24) hours before the expected time for pickup;
5.
Lumber not piled or stacked twelve (12) inches or more off of the
ground;
6.
Rocks, fill dirt, bricks, or other building materials except those
delivered and neatly stacked or stockpiled for use in connection with
ongoing new construction and/or repairs or improvements and which
are actually used for that purpose within ninety (90) days of the
date of delivery;
a.
Construction sites. Each contractor, owner and/or
the person in whose name a building permit is issued, shall be jointly
and severally responsible for the job site in such a manner that litter
will be prevented from being carried or deposited by the elements
upon any public place or private premises. Litter or any other debris,
including dirt, mud, paper, cardboard or other scrap materials, deposited
as a result of the normal construction process upon any public place
or private premises shall be removed by the said contractor, owner
or permittee.
7.
Tin, steel or parts of derelict cars or trucks;
a.
No person shall permit any junked or abandoned vehicle to be stored
or parked on any premise occupied by or owned by the person, except
inside an enclosed building or garage. A vehicle shall be considered
junked or abandoned if it is not in operable condition for a consecutive
period of thirty (30) days. Vehicles that are being restored by the
owner shall not fall within said definition provided said restoration
is in progress on a continuous basis and the owner establishes a date
for completion of such work which he shall provide to the Chief of
Police, his designee, or other City Official upon request. After the
completion date, if such vehicle is not operable, it shall be deemed
junked and subject the owner to the requirements of this Section.
8.
Inoperable, unlicensed, or other motorized or non-motorized vehicles;
a.
Wrecked, discarded or inoperable vehicles.
(1)
"Inoperable vehicle" defined. For purposes
of this Section, an inoperable, non-operable or non-operating motor
vehicle is one which is a vehicle normally operated by a motor which
is incapable of traveling under its own power upon the public streets
because of mechanical, structural or other similar failures or defects,
or does not display a valid license and current inspection certificate,
if such are required by the State in which the vehicle is registered
in order to operate the vehicle upon public streets. If the vehicle
is designed for travel upon public streets, the license and inspection
certificate requirements apply for purposes of this Section whether
or not the vehicle is actually being used solely on private property.
(2)
Leaving on streets or other public property. No person shall leave any partially dismantled, non-operable, wrecked
or junked vehicle upon any public property of the City unless such
property is devoted to the parking or storage of motor vehicles; and
no person shall leave any partially dismantled, non-operable, wrecked
or junked vehicle upon any street within the City or upon any property
of the City devoted to the parking or storing of automobiles, except
in an emergency and then for no longer than one (1) hour; except that
this Subsection shall not apply to property held by the City and utilized
for the purpose of storage of such vehicles. Any vehicle left upon
the streets or upon the public property of the City in violation of
this Section is hereby declared to constitute a nuisance.
(3)
Removal required — exceptions. No person
in charge or control of any property within the City, whether as owner,
tenant, occupant, lessee or otherwise, shall allow any partially dismantled,
non-operating, wrecked, junked or discarded vehicle to remain on such
property longer than thirty (30) days; and no person shall leave any
such vehicle on any property within the City for a longer time than
seven (7) days; and any vehicle which remains on such property, either
public or private, in violation of this provision is hereby declared
to constitute a nuisance, except that this Subsection shall not apply
with regard to a vehicle in an enclosed building which meets the permit,
zoning and building requirements of the City ordinances, a vehicle
on the premises of a business enterprise operated in a lawful place
and manner, when necessary to the operation of such business enterprise,
or a vehicle in an appropriate storage place or depository maintained
in a lawful place and manner by the City.
(4)
Penalty — impoundment of vehicle. Upon conviction by the Municipal Court of a violation of this Section, in addition to the penalties provided for in Section 215.070, the court shall order the vehicle removed to a lawful place within ten (10) days. If such order is not complied with, such vehicle may be impounded and disposed of in accordance with the Missouri Revised Statutes, governing surplus property after thirty (30) days' written notice to the owner and/or person from whom said vehicle was seized or removed.
b.
Storage of vehicles designed for racing. No person
shall store a stock car, dune buggy, drag car or any other type of
motor vehicle designed for racing purposes which does not have a valid
license and inspection certificate in an area that is zoned residential
for more than seven (7) days, except that such a vehicle may be stored
in a garage or an enclosed building or in the rear yard on property
where the owner of the vehicle resides; however, if such vehicle is
stored in the rear yard, not more than one (1) such vehicle shall
be stored at a time.
9.
Broken furniture, inoperable or unused appliances, salvage building
material or junk such as any metal, glass, paper, rags, wood, machinery
parts, cloth or other waste or discarded material of any nature or
substance whatsoever, or scrap or salvage materials;
10.
Flammable material except that which is maintained for ordinary household,
commercial (but only if in an area zoned for commercial activities)
or industrial uses (but only if in an area zoned for industrial activities)
if stored in containers designed for the specific material and the
container is not maintained unreasonably near a source of heat, flame
or combustion;
11.
Any condition that is or is likely to be a breeding ground or home
for insects or rodents including, but not limited to, ponds or pools
of stagnant water or other liquids;
12.
Stables, sheds, pens or yards in which any type of animal has been
or is being kept in which animal waste shall collect or continue to
exist;
13.
All decayed or unwholesome food offered for sale to the public or
offered to the public at no charge;
14.
All diseased animals running at large;
15.
Carcasses of dead animals not buried or destroyed within twenty-four
(24) hours after death;
16.
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 (but
only if in an area zoned for agricultural activities);
17.
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;
18.
Common drinking cups, roller towels, combs, brushes or eating utensils
in public or semi-public places where not properly sanitized after
use;
19.
Any vehicle used for septic tank cleaning where the tank is not made
of non-porous materials and is air-tight except when loading or unloading
septic waste;
20.
Any and all infestations of flies, fleas, roaches, lice, ticks, rats,
mice, fly maggots, mosquito larvae and hookworm larvae;
21.
Unlicensed dumps and licensed dumps not operated or maintained in
compliance with the ordinances of the City of Willow Springs and the
Statutes of the State of Missouri or the regulations of any agency
of the State;
22.
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
Willow Springs;
23.
All trees, plants or shrubs, any part of which hang over or encroach
into any right-of-way for streets or utilities which interfere to
any extent with the normal public use of such rights-of-way, or present
a significant risk of interference with or damage to utility facilities
of every type;
24.
All signs which interfere in any manner with the passage of pedestrians
upon any sidewalk;
25.
All structures of any kind that encroach into a public right-of-way
for streets, sidewalks or utilities; provided that this shall not
apply to awnings made of substantial materials and attached firmly
to the adjoining buildings located in the downtown business district;
26.
The emission or discharge into the open air of dense smoke within
the City limits of Willow Springs is hereby declared to be a public
nuisance. "Dense smoke", as used herein, means smoke
from any source that materially interferes with the vision of motor
vehicles traveling in public rights-of-way, and all smoke created
by the burning of non-natural substances, such as, but not limited
to, tires, roofing materials, any petroleum based product and vinyl;
27.
Outside storage of rubber tires. It shall be unlawful
for any person to store or keep a rubber tire outside of a building
unless the tire is stored in a way or is in a condition that it will
not collect water, or unless the person owning or using the property
regularly sprays the tire for mosquitoes as set forth in the regulations
adopted by the Howell County Health Department, a copy of which is
on file with the City Clerk. Such regulations may be amended from
time to time by the County Health Director and the filing of any such
new regulations with the City Clerk provided said regulations shall
be on file for ten (10) days with the City Clerk before they are effective.
Any person who stores a rubber tire outside of a building that does
not store the tire in a way or in a condition which prevents the tire
from accumulating water shall spray such tire with insecticide to
prevent a breeding area for mosquitoes and maintain records in accordance
with the regulations. Notwithstanding compliance with the regulations,
it shall be unlawful for any person to have or maintain on property
they own or use a rubber tire which is outside a building and that
is a breeding area for mosquitoes;
28.
Graffiti including the defacing, damaging or destroying by the spraying
of paint or marking of ink, chalk, dye or other similar substance
in the form of drawings, inscriptions, figures or marks on public
and private buildings, structures and places without the prior consent
of the owner of the premises or the agent of the owner of the premises;
29.
Places for illegal use.
a.
Definitions.
Controlled Substances: As used in Section 215.020(B)(29), the following are defined as "controlled substances". Controlled substances are drugs, substances, or immediate precursors as set forth in Schedules I through V listed in Sections 195.005 to 195.425, RSMo. For purposes of this definition, controlled substances shall include anhydrous ammonia possessed in violations of Section 578.154, RSMo.
Hearing Officer: Such person as designated
by the City Administrator to hear administrative matters.
Inhabitable Structure: A house, boat, ship,
trailer, sleeping car, airplane, or other vehicle or structure:
1.
Where any person lives or carries on business or other calling; or
2.
Where people assemble for purposes of business, government, education,
religion, entertainment or public transportation; or
3.
Which is used for overnight accommodation of persons. Any such vehicle
or structure is "inhabitable" regardless of whether a person is actually
present.
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Place: Any building, dwelling unit, lot, plot
or parcel of land, premises, room or structure.
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b.
Places used for illegal sale, manufacture and use of controlled
substances.
(1)
Any room, building, structure or inhabitable structure in which
occurs the illegal use, manufacture, keeping or selling of controlled
substances is a public nuisance. No person shall keep or maintain
such a public nuisance.
(2)
The Chief of Police or his designee shall notify the owner and
occupant in writing of any place used for the illegal use, manufacture,
keeping or selling of controlled substances that the place is in violation
of this Section, including the reason why, and that if the place continues
to be used in such a manner, a hearing shall be held to determine
whether a public nuisance exists and, if so, to determine the appropriate
abatement remedies. Notice shall be by personal service, certified
mail, private delivery service, publication or by posting on the premises.
(3)
Upon receiving information that the illegal use, manufacture,
keeping or selling of controlled substances continues to occur after
the notice required in this Section has been issued, the Chief of
Police or his designee may file a petition with the office of the
City Clerk which shall state what relief is sought or proposed and
the reason for requesting same. The petition shall be filed within
six (6) months of the last occurrence of keeping or maintaining the
public nuisance unless a delay in filing is required by an ongoing
investigation or other extraordinary circumstance but not to exceed
one (1) year from the date of the last occurrence.
(4)
The petition shall be forwarded to the hearing officer who shall
set the time and location for a hearing, and shall cause notice thereof
and a copy of the petition to be served on the owner and occupant,
if any, of the inhabitable structure or place at least ten (10) days
prior to the hearing. Service may be made by personal service, by
certified mail, by private delivery service, by publication or by
posting on the premises and the hearing shall be conducted in the
manner set forth in Section 536.070, RSMo.
(5)
If the hearing officer finds that the owner of the room, building,
structure or inhabitable structure knew that the place was being used
for the illegal use, manufacture, keeping or selling of controlled
substances, the hearing officer may enter an order directing that
the place be vacated and not be occupied or used for such period as
the hearing officer may determine, not to exceed one (1) year. The
hearing officer may also suspend utilities for up to one (1) year.
If the "inhabitable structure" is a vehicle, the hearing officer may
issue an order that will prevent the vehicle from continuing to be
a public nuisance. Upon finding that an inhabitable structure or place
is a public nuisance, the hearing officer may include in his decision
an order directed to occupants to vacate the property.
c.
Places used for the commission of crimes or ordinance violations,
or acts done, permitted, allowed or continued to the damage or injury
of any inhabitants of the City.
(1)
Any place that is used for the 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 after notice as set
forth hereafter is given and the place continues to be used for the
commission of crimes, ordinance violations, or acts done, permitted,
allowed or continued to the damage or injury of any inhabitants of
the City is a public nuisance.
(2)
The Chief of Police or Director of Health or other head of a
department charged with ordinance or code enforcement or their respective
designees shall notify the owner and occupant of any place used for
the commission of crimes, ordinance violations, or acts done, permitted,
allowed or continued to the damage or injury of any inhabitants of
the City, that the place is in violation of this Section, including
the reason why, and that if the place continues to be used in such
a manner, a hearing shall be held to determine whether a public nuisance
exists and, if so, to determine the appropriate abatement remedies.
Notice shall be by personal service, certified mail, private delivery
service, publication, or by posting on the premises.
(3)
If the place continues to be used for the commission of crimes,
ordinance violations, or acts done, permitted, allowed or continued
to the damage or injury of any inhabitants of the City, after such
notice, the Chief of Police or Director of Health or other head of
a department charged with ordinance or Code enforcement or their respective
designees shall file a petition with the City Clerk which shall state
what relief is sought or proposed and the reason for granting it.
The petition should be filed within six (6) months of the last occurrence
of an act constituting a public nuisance pursuant to this Section
unless a delay in filing is required by an ongoing investigation or
other extraordinary circumstance but not to exceed one (1) year from
the date of the last occurrence.
(4)
The petition shall be forwarded to the hearing officer who shall
set the time and location for a hearing and shall cause notice thereof
and a copy of the petition to be served on the owner and occupant
of the place at least ten (10) days prior to the hearing. Service
may be by personal service, by certified mail, by private delivery
service, by publication, or by posting on the premises and the hearing
shall be conducted in the manner set forth in Section 536.070, RSMo.
(5)
At the hearing the hearing officer shall determine whether the
place is a public nuisance, giving such weight to the following factors
as he or she deems appropriate:
(a)
The physical characteristics of the neighborhood in which the
place is located, with particular consideration given to the proximity
of the place to residential property, parks, churches, schools and
playgrounds;
(b)
Whether there is littering, as prohibited by law, by the owner,
occupant or persons frequenting the place;
(c)
Whether there is drinking of alcoholic beverages in public,
as prohibited by law, by the owner, occupant or persons frequenting
the place;
(d)
Whether there is lewd and indecent conduct, as prohibited by
law, including public urination or defecation, by the owner, occupant
or persons frequenting the place;
(e)
Whether there is the possession, sale or use of controlled substances,
as prohibited by law, by the owner, occupant or persons frequenting
the place;
(f)
Whether there is harassing or intimidating conduct, as prohibited
by law, by the owner, occupant or persons frequenting the place toward
persons living in the neighborhood or passing by the place;
(g)
Whether there is noise prohibited by law caused by the owner,
occupant or persons frequenting the place;
(h)
Whether there is the commission of other crimes, ordinance violations,
or acts done, permitted, allowed or continued to the damage or injury
of any inhabitants of the City by the owner, occupant or persons frequenting
the place;
(i)
Whether there is street or sidewalk congestion caused by the
owner, occupant or persons frequenting the place;
(j)
Any other activity deemed relevant by the hearing officer including
prior similar conduct.
d.
For purposes of this Section, a person shall be considered to frequent
a place if he or she lives or works at, or visits the place, or if
the person loiters about the place.
e.
If the hearing officer finds that the place is a public nuisance
in violation of this Section, he or she shall order the owner or occupant
to abate the nuisance, and may further order any appropriate action
to abate the same, including suspending utility service for up to
one (1) year and including ordering that the place shall be vacated
and shall not be occupied or used for a period not exceeding one (1)
year.
[Ord. No. 1453 §I, 3-21-2011]
Police Officers and other employees of the City authorized by
the City Administrator or the Chief of Police are hereby authorized
and required to go, in the daytime, in and upon any house, building,
lot or premises, whether public or private, for the purpose of inspecting,
removing, or abating any nuisance, when abatement of a nuisance is
alleged and/or ordered under the provisions of this Article.
[Ord. No. 1453 §I, 3-21-2011]
A.
Right Of Entry. Any officer or employee of the City, and
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 for the purpose of sanitary
inspection or the discover or abatement of any nuisance.
B.
Right Of Entry For Purposes Of Inspection And Enforcement. The Chief of Police or his designee shall be deemed the code enforcement
official for purposes of this Section.
1.
All complaints alleging the existence of a public nuisance shall be filed with the code enforcement official who shall promptly inspect the premises and with the consent of the owner, occupant or person in possession thereof. In the event consent cannot be obtained, the code enforcement official shall have the right to seek the appropriate warrant as outline in Section 215.030.
2.
The code enforcement official of the City is hereby authorized and
required to go in and upon any house, building, lot or premises, whether
public or private, for the purpose of removing or abating any nuisance,
when abatement of a nuisance is ordered under the provisions of this
Chapter.
3.
The term "code enforcement official" shall include any Police Officer
of the City of Willow Springs or any other person designated by the
Board of Aldermen to assume the duties and responsibilities of this
Chapter.
[Ord. No. 1453 §I, 3-21-2011]
A.
Notice To Owner To Abate Or Remove Nuisances. Whenever
the Board of Aldermen, or the Chief of Police or his designee, shall
ascertain or have knowledge that a nuisance exists in or upon any
house or premises in the City, such Board of Aldermen or its designated
officer shall, by written notice, notify the person occupying or having
possession or the right to possession of such house or premises to
abate or remove such nuisance within the time to be specified in such
notice, provided that if such house or premises is not occupied and
the owners having the right of possession are non-residents, the Board
of Aldermen, or its designated officer, shall notify the non-resident
owners by posting a notice of such request to abate or remove such
nuisance within a time to be specified in such notice upon such house
or premises and by sending a copy of such notice by mail to the last
known address of the non-resident owners. Receipt or acknowledgment
of notification is not required. No person notified as provided in
this Section shall fail, neglect or refuse to comply with the same
within the time specified in such notice. For every day thereafter
that such person shall fail, neglect or refuse to comply with the
same and for every day thereafter that such person shall fail, neglect
or refuse to abate or remove such nuisance, he shall be deemed guilty
of a separate offense and shall be proceeded against as in the first
(1st) instance.
B.
Duty Of Owner, Etc., To Abate Weeds, Etc. It shall be unlawful
for any owner, lessee or agent in control of a lot or piece of land
to permit such a growth of weeds, brush or rank vegetation as would
constitute a nuisance under the terms of this Article. It shall be
such owner's, lessee's, or agent's duty to abate such nuisance, if
it exists. A failure to abate shall be unlawful. The requirement to
abate the nuisance shall be satisfied when such lot or piece of land
determined by the Board of Aldermen or the Chief of Police or his
designee to be in violation of this Article shall have been cut to
a distance of a minimum of fifteen (15) feet from the front curb or
street edge and a minimum of ten (10) feet from all other boundaries
of the lot or piece of land.
The growth of weeds, brush or other rank vegetation in excess
of ten (10) inches in height is declared to be a public nuisance per
se, detrimental to the health, safety and welfare of the public, and
upon the discovery of such a nuisance upon any property in the City,
the Police shall issue a citation after ten (10) days' notice thereof,
either personally or by United States mail, to the owner or owners,
or his or their agents, or by posting such notice on the premises;
if after trial the owner shall fail to abate said nuisance, the Chief
of Police shall have the weeds cut down and removed, and shall certify
the costs of same to the City Clerk who shall cause a special tax
bill therefore 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 October of each year. Such tax bills
if not paid when due shall bear interest at the rate of eight percent
(8%) per annum. No proceeding in the Municipal Court of the prosecution
of a violation of this Section shall prohibit or be a bar to action
by the City for the abatement of such condition and nuisance by the
City, and no action by the City for the abatement of such condition
and nuisance shall prohibit or be any bar to a proceeding in the Municipal
Court for prosecution of a violation of the Section.
C.
Duty Of The Owner To Abate Graffiti. The presence of graffiti
upon public or private property as defined in this Section within
the City is hereby declared to constitute a public nuisance. No person
shall affix graffiti to private or public property within the City,
and any person who is found guilty of affixing graffiti to private
or public property shall be punished by a fine of not less than two
hundred fifty dollars ($250.00), or by imprisonment for not more than
ten (10) days, or by both such fine and imprisonment. Nothing contained
in this Section shall prevent the City from pursuing any other remedy
available for redress of any damage or injury caused by the actions
of any such person.
[Ord. No. 1453 §I, 3-21-2011]
A.
The
City may abate nuisances when the owner or possessor fails to do so.
If the person notified as provided in this Section shall fail, neglect
or refuse to comply with the same within the time specified in such
notice, the Chief of Police, Code Official or designated officer shall
abate such nuisance provided the cost of such not exceed one thousand
dollars ($1,000.00). If the estimated cost of abatement of the nuisance
is in excess of the amount thus established, the Code Official/Chief
of Police or designated officer shall report the same to the Board
of Aldermen of the City. Thereupon, the Board of Aldermen shall call
and have a full and adequate hearing upon the matter, giving the affected
parties at least fourteen (14) days' written notice of the hearing.
At such hearing, any party may be represented by counsel, and all
parties shall have an opportunity to be heard. After the hearing,
if the evidence supports a finding based upon competent and substantial
evidence that a nuisance exists, that the person having an interest
was notified, and that the person failed to abate the nuisance, the
Board of Aldermen shall issue an order based upon its findings of
fact to the Code Official/Chief of Police or its designated officer
to proceed to abate the nuisance.
B.
Immediate Abatement. Whenever it becomes necessary to abate
a nuisance immediately in order to secure the general health 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 day laborers
especially employed for that purpose, or any other help or assistance
necessary therefore. The Abatement Officer shall certify the cost
of abating such nuisance to the Board of Aldermen and the Board may,
by ordinance, levy the cost thereof as a special tax bill against
the property on which such nuisance was located, which tax shall be
collected like other special tax bills and shall be a first (1st)
lien on the property until paid.
[Ord. No. 1453 §I, 3-21-2011]
A.
Penalties For Violation Of Section 215.010. Notwithstanding any other provision of the Willow Springs City Code to the contrary, any person who has been found guilty of violating Section 215.010 shall be required to pay a minimum fine of one hundred dollars ($100.00) and may be imprisoned for a period not to exceed ninety (90) days for the first (1st) offense. Any person who has been found guilty of violating Section 215.010 a second (2nd) time during a twelve (12) month period shall be required to pay a minimum fine of two hundred dollars ($200.00) and may be imprisoned for a period not to exceed ninety (90) days. Any person who is found guilty of violating Section 215.010 of the Willow Springs City Code a third (3rd) time within a twelve (12) month period shall be fined a minimum of three hundred dollars ($300.00) and may be imprisoned for a period not to exceed ninety (90) days. Any person who is found guilty of violating Section 215.010 of the Willow Springs City Code four (4) times or more within a twelve (12) month period shall be fined a minimum of five hundred dollars ($500.00) for the fourth (4th) offense and each subsequent offense within a twelve (12) month period or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment. No individual fine for any offense is to exceed five hundred dollars ($500.00). If a person is charged and found guilty of more than one (1) offense on the same day, then all such offenses on that day for purposes of this Section shall be counted as one (1) violation.
B.
Cost To Be Lien Against Property. If the Code Official/Chief of Police or its designated official as provided in Section 215.030 shall have or cause the nuisance to be abated by the City, the costs of the abatement, any punishment fees for causing and maintaining any such nuisance as deemed appropriate by the Board of Aldermen, and a reasonable charge for administering the provisions of Sections 215.010 to 215.060 of not less than one hundred dollars ($100.00) shall be certified to the City Clerk who shall cause a special tax bill therefore against the property to be prepared and collected by the Collector. At the request of the taxpayer, the tax bill may be paid in installments over a period of not more than ten (10) years. The tax bill from the date of its issuance shall be a lien upon the property until paid. Such assessment shall bear interest at a rate of eight percent (8%) per annum until paid.
C.
Proportional Costs Of Abatement. If any nuisance abated
by the City as provided in this Section extended, before the abatement
of the nuisance upon more than one (1) property or more than one (1)
owner, the cost of abating the same shall be assessed in proportion
to the amount of work and experience for each proportionate part of
the entire work and the special tax bills provided for in this Section
shall be levied and collected accordingly.
[Ord. No. 1453 §I, 3-21-2011]
The City of Willow Springs is hereby authorized to file and otherwise prosecute a civil cause of action for the abatement of nuisances created by the accumulation of unsightly, dangerous or noxious personal property within the borders of the City of Willow Springs, Missouri, and as provided and allowed under Section 79.383, RSMo., and may recover attorneys' fees therefore. This remedy shall be in addition to and not in lieu of any other rights of the City under the provisions of Section 215.060 of this Code.
