City of Billings, MO Generally

[CC 1975 §12-2(c — i)]

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.

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 Billings.

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 fowl in any area within the city not zoned for agricultural uses, except for pet cats and dogs, animals in public or licensed zoos, farm animals in laboratories, and except as provided in Sections 205.350 and 400.630 of this Code of Ordinances.

[Ord. No. 16-15(215.010) §§ 1 — 2, 11-10-2016; Ord. No. 16-25(215.010) §§ 1 — 2, 12-29-2016]

14.

Unlicensed dumps and licensed dumps not operated or maintained in compliance with the ordinances of the City of Billings 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 interfere 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 Billings.

17.

All buildings or structures which injure or annoy the public.

18.

All pavements, sidewalks, curbstones, awnings or awning posts out of repair.

19.

All goods, boxes, barrels or other articles, commodities or materials on any sidewalk or in any gutter.

20.

All scales on any street.

21.

All tree limbs which hang over any street or sidewalk interfering with the public or telephone, telegraph or electric wires.

22.

All signs which interfere in any manner with the passage of pedestrians upon any sidewalk.

23.

All structures of any kind, including wooden awnings or porches, on, across or upon any sidewalk, street or gutter.

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 Billings or within one-half (½) mile of the corporate limits of the City of Billings, 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.

Authority To Abate Emergency Cases. In cases where it reasonably appears that there is an immediate danger to the health, safety or welfare of the public due to the existence of a nuisance, the City shall have authority to immediately abate the nuisance in an appropriate manner.

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; provided, that if such house or premise is not occupied and the owners having the right of possession are non-residents, the Abatement Officer shall notify the non-resident owners by posting a notice of his/her 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 registered or certified mail to the last known address of the non-resident owners.

Municipal Court May Order Abatement. If, upon a trial for the violation of this Article, 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 judge of the Municipal Court who shall, as a part of the costs of such prosecution, render judgment against the defendant for the amount of such expense which shall be collected as other fines and costs.

Entry On Private Property For Abating Nuisance. Police Officers and other employees of the City authorized by the Board of Aldermen or the Abatement Officer are hereby authorized and required to go in the daytime in and upon any house, building, lot or premise, whether public or private, for the purpose of removing or abating any nuisance when abatement of a nuisance is ordered under the provisions of Subsection (E) of this Section.

Inspection. The Abatement Officer shall hereby be authorized to enter and inspect all buildings and parts of buildings and other premises for the purpose of examining the sanitary condition thereof and for the discovery and abatement of nuisances therein.

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 therefor. The Abatement Officer shall certify the cost of abating such nuisance to the Board 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.

Notice And Public 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 Board of Aldermen and the City shall hold a public hearing before declaring the same to be a nuisance and ordering its abatement. Ten (10) 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 Board of Aldermen 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 Board of Aldermen in such order, the matter may again be presented for prosecution before the Municipal Court and subject to the provisions of Subsections (E) and (N) of this Section.

Proportion Costs Of Abatement. If any nuisance abated by the City as provided in this Section extended, before the abatement over the property or more than one (1) owner, the cost of abating the same shall be assessed in proportion to the amount of work and expense for each proportionate part of the entire work and the area and the special tax bills provided for in this Section shall be levied and collected accordingly.

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 for the purpose of sanitary inspection or the discover or abatement of any nuisance.

Joint Liability. The owner of any premises, or his/her agent in charge thereof, as well as the tenant or occupants of such premises are hereby charged with the duty of observing all of the requirements and provisions of this Section with reference to nuisances and any or all of such persons, together with the person causing or contributing to cause any nuisance, may be charged with the violation thereof and shall be equally liable.

Reimburse City. Whenever the City incurs any costs and expenses in removing or abating any nuisance on any property, public or private, within the City limits, the person so creating, maintaining or refusing to abate such nuisance, if caused by him/her, shall reimburse the City for such costs and expenses and such costs and expenses shall be assessed as a part of the judgment.

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.