[Ord. No. 21-12-01, 12-9-2021]
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 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 Salisbury.
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, farm animals in laboratories,
and up to ten (10) chickens.
14.
Unlicensed dumps and licensed dumps not operated
or maintained in compliance with the ordinances of the City of Salisbury
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.
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 Salisbury.
B. Unlawful To Cause, Maintain Within City Or One-Half (1/2)
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 Salisbury or within one-half (1/2) mile
of the corporate limits of the City of Salisbury, 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. Abatement Generally.
1.
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. Failure
to abate such nuisance within the time specified within the notice,
or failure to pursue the removal or abatement of such nuisance without
unnecessary delay, shall be deemed an ordinance violation.
2.
Notice. The Abatement Officer shall determine
all individuals, firms or corporations who, from the records in the
Recorder of Deeds' office, appear to be the titled owners of the aforesaid
property and immediately cause a written notice to be served on each
such individual, firm or corporation by one (1) of the following methods:
a.
The delivery of a true copy of the notice to
the person(s) intended to be notified, or the leaving of a copy at
his/her usual place of abode with some member of his/her family over
the age of fifteen (15) years.
b.
Mailing a copy to such person at such place
or address by United States certified mail return receipt.
c.
If service of such written notice is unable
to be perfected by any of the methods described above, the Abatement
Officer shall direct the City Clerk to cause a copy of the aforesaid
notice to be published in a newspaper of general circulation in the
County where the City is located, once a week for two (2) consecutive
weeks and shall further cause a copy of the aforesaid notice to be
left with the individual, if any, in possession of such property on
which it is alleged such public nuisance exists, or if there is no
individual in possession thereof, the Abatement Officer shall cause
a copy of the notice to be posted at such structure, location or premises.
The Abatement Officer may also determine from the Recorder of Deeds'
office who the lienholder of the property, if any, as documented therein,
is and cause a written notice to be served on such lienholder by United
States mail return receipt.
d.
The aforesaid notice to the owners and lienholder,
if any, of the property shall state clearly and concisely:
(1) The street address or legal description
of the property;
(2) A description of the condition
or conditions alleged to constitute a public nuisance.
3.
Summary Abatement. Whenever it becomes necessary
to abate a nuisance immediately in order to secure the general health,
welfare or safety 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 laborers especially employed for that purpose, or any
other help or assistance necessary therefor.
4.
Municipal Court May Order Abatement —
Cost Of Abatement By The City, How Paid. If, upon a trial for the
failure to abate such nuisance within the time specified within the
notice or failure to pursue the removal or abatement of such nuisance
without unnecessary delay, 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 City Clerk or officer
in charge of finance who shall cause the certified cost to be included
in a special tax bill or added to the annual real estate tax bill,
at the collecting official's option, for the property and the certified
cost shall be collected by the City Collector or other official collecting
taxes in the same manner and procedure for collecting real estate
taxes. If the certified cost is not paid, 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. The tax bill from
the date of its issuance shall be deemed a personal debt against the
owner and shall also be a lien on the property until paid.
5.
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 engaged in the abatement of any nuisance pursuant to an
order of the Municipal Judge or any summary abatement as described
above.
6.
Remand And 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 hearing before declaring
the same to be a nuisance and ordering its abatement. At least fifteen
(15) 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 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 for determination.
7.
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.