[R.O. 1994 §§215.010 and 215.240; Ord. No. 43 §1, 7-5-1971; Ord. No. 140 §1, 4-19-1993]
As used in this Article, the following terms shall have the
meanings indicated:
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.
The doing of an unlawful act, or the omitting to perform
a duty, or the suffering or permitting of any condition or thing to
be or exist, which act, omission, condition or thing either:
Injures or endangers the comfort, repose, health or safety of
others; or
Is offensive to the senses; or
Unlawfully interferes with, obstructs or tends to obstruct or
renders dangerous for passage any public or private street, highway,
sidewalk, stream, ditch or drainage; or
In any way renders other persons insecure in life or the use
of property; or
Essentially interferes with the comfortable enjoyment of life
and property, or tends to depreciate the value of the property of
others; or
Is declared by ordinance to be a nuisance.
[R.O. 1994 §215.020; Ord. No. 140 §2, 4-19-1993]
A.
The maintaining, using, placing, depositing, leaving or permitting
to be or remain on any public or private property of any of the following
items, conditions or actions are hereby declared to be and constitute
a public nuisance; provided this enumeration shall not be construed
as a designation of all public nuisances:
1.
Accumulation of trash, litter, debris, garbage, bottles, paper,
cans, rags, dead or decayed fish, fowl, meat or other animal matter;
fruit vegetables, offal, bricks, concrete, scrap lumber or other building
debris or other refuse of any nature;
2.
Any condition which provides harborage for rats, mice, snakes,
and other vermin;
3.
All unnecessary or unauthorized noises and annoying vibrations,
including animal noises;
4.
All disagreeable or obnoxious odors and stenches, as well as
the conditions, substances or other causes which give rise to the
emission or generation of such odors and stenches;
5.
Carcasses of dead animals not buried or destroyed within twenty-four
(24) hours after death;
6.
The pollution of any public well or cistern, stream, lake, canal
or body of water by sewage, dead animals, industrial wastes or other
substances;
7.
Any accumulation of stagnant water permitted or maintained on
any lot or piece of ground;
8.
Any unsafe or unsanitary privy or privy vault;
9.
Any slaughterhouse;
10.
The emission of dense dust, so as to cause annoyance or discomfort
to the residents of City or any persons upon or about public ways
and places. Dust shall be dense when it is visible to the naked eye
from a distance of fifty (50) feet or more at a height of less than
ten (10) feet from the ground for more than five (5) minutes in any
one (1) hour, whether such period of time is consecutive or not.
11.
Damaged or disabled vehicles.
[R.O. 1994 §215.030; Ord. No. 140 §3, 4-19-1993]
Any person who fails to abate or remove any public nuisances
located on any premises under his/her control within the time limits
stated in the notice served upon him/her pursuant to this Article
shall be guilty of an ordinance violation.
[R.O. 1994 §215.040; Ord. No. 140 §4, 4-19-1993]
A.
The Chief of Police shall serve a written notice to abate a public
nuisance upon both the owner, or his/her agent and the occupant of
the property upon which such nuisance exists. The notice shall be
served by delivering a copy thereof to the person upon whom it is
to be served or by leaving a copy with some member of such person's
family who is over the age of fifteen (15) years. In the case of a
corporation or joint stock company, the notice shall be served upon
an agent of such corporation or company. The Chief shall execute a
return of service and shall sign the return and file the same with
the City Prosecutor.
B.
The notice shall describe the public nuisance, the location thereof,
the action to be taken to abate the nuisance, and state the time within
which such nuisance must be abated. Such time must be reasonable under
the circumstances.
[R.O. 1994 §215.050; Ord. No. 140 §5, 4-19-1993]
If a public nuisance is not abated within the time limits specified
in the notice served pursuant to this Article, the City Clerk shall
cause such nuisance to be abated by the City. He/she shall charge
the owners and occupants of the property upon which the nuisance is
located with the costs incurred by the City in abating the nuisance.
If such costs are not paid by the owner or occupant after a demand
for payment is made by the City Clerk, the City Clerk shall so inform
the City Attorney. If the City Attorney believes that the expenses
can be collected from the owner or occupant of the property, he/she
shall institute a civil action to collect same.
[R.O. 1994 §215.060; Ord. No. 140 §6, 4-19-1993]
The City Clerk and persons designated by him/her may lawfully
enter onto private property in order to ascertain whether a public
nuisance exists and to otherwise enforce the provisions of this Article.
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 Jonesburg.
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 Jonesburg 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.
Any damaged or disabled vehicle, part thereof, or junk, located
on any property, street, or highway which presents a hazard to children,
or harbors tall grass, weeds, or other vegetation, or creates a fire
hazard, or affords a breeding place or nesting place for mosquitoes,
flies, rodents, rats, or other vermin, is a public nuisance. The term
"junk" is defined 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.
[R.O. 1994 §§215.240 and 215.250; Ord. No. 43 §§1–2, 7-5-1971]
17.
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
Jonesburg.
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 Jonesburg or within one-half (1/2) mile of the corporate limits
of the City of Jonesburg, 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.
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.
D.
Abatement — Procedure Generally. Whenever the Board of Aldermen
receives notification that a nuisance may exist, it shall proceed
as follows, except as may be otherwise provided herein:
1.
It Shall Investigate The Same. The Board of Aldermen may order
any person who has caused or is maintaining the nuisance to appear
before the Board of Aldermen at such time and place as the Board of
Aldermen may direct to show cause, if any, why that person should
not abate the nuisance. Every person required to appear before the
Board of Aldermen shall have at least ten (10) days' notice thereof.
2.
Such notice shall be signed by the Health Officer or Chief of
Police and shall be served upon that person by delivering a copy thereof
to the person, or by leaving a copy at his/her residence with some
member of the family or household over fifteen (15) years of age,
or upon any corporation by delivering the copy thereof to the President
or to any other officer at any business office of the corporation
within the City. If the notice cannot be given for the reason that
the person named in the notice or his/her agent cannot be found in
the City, of which fact the return upon such notice of the officer
serving the same shall be conclusive evidence, such notice shall be
published in a daily newspaper for three (3) consecutive days, if
a daily, or once, if a weekly paper, giving at least ten (10) days'
notice from the final publication date of the time fixed for the parties
to appear before the Board of Aldermen.
3.
If after hearing all the evidence the Board of Aldermen may
determine that a nuisance exists, it may direct the Health Officer
or Chief of Police or other City Official to order the person to abate
the nuisance within twenty (20) days or within such other time as
the Board of Aldermen may deem reasonable. Such order shall be served
in the manner provided in this Section for service of the order to
show cause. The order may further provide that the appropriate City
Official be directed to abate the nuisance if the order is not obeyed
within the time period set by the Board of Aldermen, and that a special
tax bill be issued for the costs of abating the nuisance.
4.
If the order has not been obeyed within the time period set
by the Board of Aldermen, the appropriate City Official shall proceed
to abate the nuisance in the manner provided by the order of the Board
of Aldermen, and the cost of same, if ordered by the Board of Aldermen,
may be assessed as a special tax against the property so improved
or upon which such work was done; and, if so ordered, the City Clerk
shall cause a special tax bill therefor against the owner thereof
when known, and if not known then against the unknown persons, and
the certified bills of such assessment shall describe therein the
property upon which the work was done.
5.
The bills for the above work shall be recorded and shall be
collected and paid as provided for the collection of other special
tax bills for the repairing of sidewalks or grading or paving of streets
and shall be a lien on the property.
6.
The cost of abating nuisances on private property shall be levied
and assessed on each lot in proportion to the amount of work done
and material used in abating the nuisance located on each such lot.
