[R.O. 1993 § 225.240; Ord. No. 2083 § 1, 5-14-1985]
The storing, accumulating, or maintaining of junk, trash, refuse,
waste paper, rubbish, old metal, scrap lumber, scrap machinery, and
any other waste materials on private property within the City, except
at a regularly licensed "Auto Wrecking and Junk Yard," which is detrimental
or offensive to the public health, safety or welfare or to the aesthetics
of the neighborhood, hereby is prohibited and declared to be a "public
nuisance." This Section includes all waste matter, whether reusable
or not, which is detrimental or offensive to the public health, safety
or welfare or to the aesthetics of the neighborhood, and is intended
to include, but not be limited to, scrap or abandoned automobiles,
trucks, tractors, machinery of any brand, and parts thereof, old refrigerators,
stoves or other appliances.
[Ord. No. 2868 §§ 1 — 2, 2-9-2016]
A. Except
as otherwise permitted in other Code Sections or regulations pertaining
to premises having a valid current business license for the operation
of an automobile dealership, auto repair shop or auto wrecking or
salvage yard, no unlicensed or inoperative motor vehicle, motor home,
boat, trailer or recreational vehicle (whether self-propelled or designed
to be pulled by a separate motorized vehicle), or any such property
in a state of major disassembly or disrepair or in the process of
being stripped or dismantled, shall be parked, kept or stored upon
any premises unless completely enclosed within a garage, shed or similar
structure.
B. Violations
And Penalties. Any person who violates the provisions of this Section,
upon conviction, shall be deemed guilty of an ordinance violation
punishable by a fine of not less than one dollar ($1.00) nor more
than five hundred dollars ($500.00) or imprisonment not exceeding
ninety (90) days, or both such fine and imprisonment.
[R.O. 1993 § 225.245; Ord. No. 2821 §§ 1 — 2, 3-11-2014]
A. No owner, tenant or other occupant of residential property shall
cause or permit any dry van, semitrailer, or other cargo container
(with or without wheels or axles) to be stored or kept upon any residential
real estate; provided, however, that nothing in this Section shall
be construed to prohibit a person actively engaged in a trade or business
(e.g., construction, plumbing, farming) from keeping or storing at
his/her residence a trailer with wheels, a current valid license and
not exceeding twenty-four (24) feet in length, used in his/her trade
or business for the purpose of transporting tools and/or materials
to his/her work site.
B. For purpose of this Section, the following terms shall have the definitions
set forth below:
CARGO CONTAINER
Shall be construed to mean any container designed or intended
to carry or haul property while being transported by another source
of power.
TRAILER
Shall be construed to mean any vehicle without its own motor
power that is designed or intended to carry or haul property or passengers
while being drawn by a self-propelled vehicle or other source of power.
C. Violations And Penalties. Any person who violates the provisions
of this Section, upon conviction, shall be deemed guilty of an ordinance
violation punishable by a fine of not less than one dollar ($1.00)
nor more than five hundred dollars ($500.00) or imprisonment not exceeding
ninety (90) days, or both such fine and imprisonment.
[R.O. 1993 § 225.250; Ord. No. 2083 § 2, 5-14-1985]
Grass or weeds in excess of six (6) inches of height on any
premises within the City which is detrimental or offensive to the
public health, safety or welfare or to the aesthetics of the neighborhood,
hereby is prohibited and declared a nuisance.
[R.O. 1993 § 225.260; Ord. No. 2083 § 3, 5-14-1985]
Any person who observes any violation of this Article may file a complaint with the City Manager of the City of Charleston, Missouri, or his/her designee, giving full information as to the date, location and nature of the violation. Upon receipt of such complaint, the City Manager shall cause a full investigation thereof and, if it is found that a violation exists, shall issue a Notice of Hearing to the owner or occupant of the premises upon which the alleged public nuisance is located as set forth in Section
215.280 hereof.
[R.O. 1993 § 225.270; Ord. No. 2083 § 4, 5-14-1985; Ord. No. 2879 § 1, 6-14-2016]
A. Order
Of Abatement, Notice. If the City Manager or his/her designee determines
a nuisance violation exists, then he/she shall declare the same to
be a public nuisance and issue a written order of abatement to the
owner and occupant, if any, which shall be served upon the owner and
occupant, if any, in the manner provided below. The order of abatement
shall be dated and state the location of the property, a description
of each condition that constitutes a nuisance, what action is required
to remedy the nuisance, and the deadline to complete the abatement
or by which to commence and continue without unnecessary delay the
abatement of each condition specified in said order, which deadline
shall be not less than ten (10) days after delivery of the notice
of said order.
B. Service
Of Notice. The notice and order of abatement shall be served upon
the owner and occupant, if any, of the property upon which the nuisance
exists either in person or by United States certified mail with return
receipt requested, or, in the event the owner or occupant cannot be
served by either personal service or certified mail, by posting a
copy of said notice upon the premises.
[R.O. 1993 § 225.280; Ord. No. 2083 § 5, 5-14-1985; Ord. No. 2879 § 1, 6-14-2016]
Upon expiration of the time specified in the order of abatement
for abatement of the nuisance to have been completed or commenced,
the City Manager or his/her designee shall inspect the premises and
determine whether or not the nuisance has been abated or commenced
as required by the order of abatement.
[R.O. 1993 § 225.290; Ord. No. 2083 § 6, 5-14-1985; Ord. No. 2879 § 1, 6-14-2016]
A. In the event the City Manager determines the nuisance has not been abated or the process of abatement commenced and continued without unnecessary delay as provided in the order of abatement issued pursuant to Section
215.280 above, or if the City Manager shall be ordered by the Court to abate the nuisance as provided in Section
215.320 below, then he/she shall, by use of City employees or by private contract, abate and remove the nuisance in a summary manner in accordance with such order of abatement.
B. Tax
Bill, Interest — Lien On Real Estate — Personal Debt Of
Owner. The costs and expenses incurred by the City in removing or
abating any public nuisance on private property shall be assessed
against the owner and occupant of the premises. The City Manager shall
certify such costs to the City Clerk who shall cause the certified
cost to be included in a special tax bill or added to annual real
estate tax bill, at the option of the City Collector. The special
tax bill shall be recorded in the Office of the Recorder of Deeds
of Mississippi County, Missouri, and from the date of its issuance
shall be a first lien upon the property until paid. If the certified
cost is unpaid, 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 as provided by law. The tax bill shall be
issued by the City Clerk and delivered to the Collector on or before
the first day of June of each year.
C. Interest.
Any special tax bill issued pursuant to this Section shall bear interest
at the rate of eight percent (8%) per annum until paid.
D. Personal
Debt Of Owner. The tax bill, including all accrued interest thereon,
shall be deemed a personal debt owed by the owner of the property
to the City.
[R.O. 1993 § 225.300; Ord. No. 2083 § 7, 5-14-1985; Ord. No. 2879 § 1, 6-14-2016]
An owner, occupant, mortgagee, lienholder or other person having
an interest in real estate upon which a nuisance exists or is alleged
to exist may appeal the determination and/or order of abatement made
by the City Manager to the Circuit Court of Mississippi County, Missouri,
for review pursuant to the procedures set forth in Chapter 536, RSMo.
[R.O. 1993 § 225.310; Ord. No. 2083 § 8, 5-14-1985; Ord. No. 2879 § 1, 6-14-2016]
A. Any owner or occupant of any real estate within the City upon which a nuisance exists as described in Section
215.230 or Section
215.260 hereof, and who knowingly allows such nuisance to exist, shall be deemed guilty of an ordinance violation, upon conviction thereof, and shall be punished by a fine of not less than ten dollars ($10.00) nor more than two hundred twenty-five dollars ($225.00), or by imprisonment not to exceed thirty (30) days in jail, or by both such fine and imprisonment.
B. Each twenty-four-hour period which a nuisance exists as described in Section
215.230 or Section
215.260 hereof, and/or during which such nuisance shall be allowed to continue unabated, after the expiration of the date specified for removal and abatement of the same as stated in the order of abatement issued pursuant to Section
215.290 hereof, shall constitute a separate offense hereunder.
C. Municipal Court Order To Abate. In addition to the fine and/or imprisonment hereinabove provided, the Municipal Court of the City of Charleston, Missouri, may order the City Manager to abate said nuisance in a summary manner as provided in Section
215.300 above. If the City of Charleston elects or is ordered to abate and remove such nuisance as provided in Section
215.300 above the costs of removing or abating such nuisance may be assessed as court costs and the same taxed against the defendant, and the defendant ordered to pay the same in addition to any fine and other court costs imposed.