City of Cassville, MO
Barry County
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Table of Contents
Table of Contents
[R.O. 1997 §220.010; CC 1989 §11-66; Ord. No. 810 §1, 5-9-1967]
Whatever is dangerous to human life or health, and whatever renders the soil, air, water or food impure or unwholesome, is hereby declared to be a nuisance.
[R.O. 1997 §220.020; CC 1989 §11-67; Ord. No. 810 §5, 5-9-1967]
In addition to the penalty provided for a violation of this Code, the Municipal Judge, or other judge of a court of competent jurisdiction trying a case under this Article, upon conviction as a part of the judgment, may order the Chief of Police to abate a nuisance, and the costs of abating such nuisance shall be made a part of the costs of the case.
In case the Chief of Police abates the nuisance and such costs are not paid, he/she shall file a report of the same in the office of the City Clerk in writing, and the filing of the same shall be notice to all persons.
Such report shall be submitted to the Board of Aldermen at its first regular meeting thereof, after it has been on file for five (5) days.
The person against whom such costs have been adjudged shall have the right to be heard, and if the report is approved by the Board, it may direct the City Clerk to issue a special tax bill for such amount as is approved by the Board against the property on which such nuisance was abated. Such tax bill shall be a lien against such property in like manner as for street improvements.
[R.O. 1997 §220.030; CC 1989 §11-68; Ord. No. 810 §2, 5-9-1967]
It shall be unlawful for any person to carry on, permit or maintain any of the acts, things or conditions declared and defined in this Article or by the laws of the State, to be a nuisance.
[R.O. 1997 §220.040; CC 1989 §11-69; Ord. No. 810 §3, 5-9-1967]
The following are hereby deemed, declared and defined to be nuisances:
All substances which emit or cause any foul, noxious, unhealthy or disagreeable odor in the neighborhood where they exist.
Every soap factory, cellar, shop, meat shop, stable, house, barn, or other building or structure which emits or causes any offensive odor or disagreeable or noxious smell.
All slop, foul or dirty water, all filth, refuse, or offal discharged through drains, spouts, or otherwise, swept or thrown upon any sidewalk, street, alley, lot, park, public or private enclosure, or any stagnant pond or pool of water.
All articles or things kept, caused, maintained or permitted by any person to the injury, inconvenience, or annoyance of the public or any neighborhood.
All ashes, cinders, filth, excrement, sawdust, stones, rock, dirt, straw, soot, stocks, shavings, cans, dust, paper, trash, rubbish, manure, refuse, waste matter, decayed fruit or vegetables, old iron or other metals, old wearing apparel, and any other offensive or disagreeable matter, substance or thing thrown, left or deposited or caused to be thrown, left or deposited upon any street, avenue, alley, sidewalk, public or private enclosure, lot, vacant or occupied, or pond or pool of water that is stagnant.
All boxes, barrels, kegs, crates, boards, broken ware, metal from any source, parts of wrecked automobiles, used motor vehicles in disrepair, parts of used automobiles left or thrown upon any sidewalk, curbstone or gutter or in front, alongside or in the rear of any building, or upon any lot or vacant lot.
The burning within the City limits of any animal, vegetable, or other substance, the burning of which creates or generates any disagreeable, noxious or unwholesome smell or odor.
Any toilet in such condition as to be offensive, annoying or disagreeable.
The accumulation on any lot or piece of ground in the City of any refuse matter in such manner as to be offensive, annoying or disagreeable.
The placing or maintenance of any obstruction of any kind in any natural watercourse in the City so as to impede the natural flow of water therein.
All oil, used motor oil, drainage from crankcases of any motor vehicle left or deposited, or permitted to drain or run from private property in or upon any sidewalk, street, alley, highway, or drainage ditch upon any street, alley, avenue, highway or private enclosure, lot, or vacant or occupied property of another.
Any building, structure, or enclosure which is permitted to be kept in such condition as to be offensive, annoying or disagreeable to any person.
[R.O. 1997 §220.050; CC 1989 §11-70; Ord. No. 810 §4, 5-9-1967]
In all cases wherein no provisions are made in this Article defining what are nuisances and how the same may be removed, abated or prevented, in addition to what may be declared herein as such, those offenses which are known to the common law and the Statutes of the State as nuisances may, in case the same exist within the City limits, be treated as such and proceeded against as in this Article provided, or in accordance with the provisions of law.
[R.O. 1997 §220.055; Ord. No. 1551 §1, 6-2-2008]
Prior Ordinances. The City has enacted previous ordinances concerning nuisances, including defining, enumerating and enacting certain remedies. Nothing in this Section is to alter or change those ordinances. This Section provides remedies in addition to those previously enacted ordinances.
Cause Of Action. The City shall have the authority to initiate and maintain a civil cause of action for the abatement of nuisances existing within the boundaries of the City and within one-half (1/2) mile of the boundaries thereof.
Attorney's Fees. Upon the successful prosecution of such a cause of action, the City may be awarded by the court reasonable attorney's fees incurred in such action. This Section shall not be construed to allow any award of attorney's fees in any Municipal Court hearing on criminal charges of traffic violations.
[R.O. 1997 §220.060; CC 1989 §11-86; Ord. No. 799 §1, 7-7-1966]
Weeds allowed to stand or grow upon any lot or tract of land in the City are hereby deemed and declared to be a menace to the health and a nuisance.
[R.O. 1997 §220.070; CC 1989 §11-87; Ord. No. 799 §2, 7-7-1966; Ord. No. 1775, 8-14-2017]
Any owner or occupant of a lot or tract of land in the City failing to keep the weeds thereon cut to a height of less than twelve (12) inches, shall be guilty of an ordinance violation.
[R.O. 1997 §220.080; CC 1989 §11-88; Ord. No. 799 §§3 — 6, 7-7-1966]
Whenever weeds, in violation of this Article, 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. 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 his/her or their agents, or by posting such notice on the premises; thereupon the Chief of Police may declare the weeds to be a nuisance and order the same to be abated within five (5) days; and in case the weeds are not cut down and removed within the five (5) days, 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 therefor against the property to be prepared and to be collected by the City Collector or other official collecting taxes, with other taxes assessed against the property. The tax bill from the date of its issuance shall be a first 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 City Collector or other official collecting taxes on or before the first day of June of each year. Such tax bills if not paid when due shall bear interest at the rate of eight percent (8%) per annum.