Cross References: As to dangerous buildings as a nuisance, Ch. 505; as to prostitution houses deemed a nuisance, § 210.1390.
State Law References: When the nuisance is grass or weeds a reasonable time is not less than five (5) days to abate and ten (10) days for the hearing. When demolition is involved a reasonable time for the abatement and hearing would be not less than thirty (30) days. On a large project, should wait thirty (30) days before abating because of appeal time under the administrative procedure in Chapter 537, RSMo.
[Ord. No. 2005-15 § 1, 12-15-2005]
As used in this Article, the following terms shall have the meanings indicated:
NUISANCE
Any condition or thing which either:
1. 
Injures or endangers the comfort, repose, health or safety of others; or
2. 
Offends decency; or
3. 
Is offensive to the senses; or
4. 
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
5. 
In any way renders other persons insecure in life or the use of property; or
6. 
Essentially interferes with the comfortable enjoyment of life and property, or tends to depreciate the value of the property of others.
NUISANCE PER SE
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 is hereby declared to be and constitute a nuisance; provided, however, this enumeration shall not be deemed or construed to be conclusive, limiting or restrictive:
1. 
Accumulation of rubbish, trash, refuse, junk, flammable materials and building materials, metals, lumbers or other things not stacked or piled in an orderly manner twelve (12) inches off the ground;
2. 
Any condition which provides harborage for rats, mice, snakes, bugs, insects or vermin;
3. 
Any building or other structure which is in such a dilapidated condition that it is unfit for human habitation or business purposes or kept in such an unsanitary condition that it is a menace to the health of people residing in the vicinity thereof, or presents a more than ordinarily dangerous fire hazard in the vicinity where it is located;
4. 
All unnecessary or unauthorized noises and annoying vibrations, including animal noises;
5. 
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;
6. 
The carcasses of animals or fowl not disposed of or processed within one (1) hour after death;
7. 
Any building, structure or other place or location where any activity which is in violation of Local, State or Federal law is conducted, performed or maintained;
8. 
Any accumulation of stagnant water permitted or maintained on any lot or piece of ground;
9. 
Dense smoke, noxious fumes, gas, soot or cinders, in unreasonable quantities;
10. 
Dead trees and dead limbs of trees so located that the falling thereof would endanger the safety of persons using any public sidewalks in the City, or endanger the safety of any pedestrian or occupant of any motor vehicle traveling upon any public street;
11. 
Any growth of weeds, grasses or bushes to a greater height than seven (7) inches; provided that this shall not apply to planted or cultivated flowers, shrubbery or other landscaping unless the same is blocking the view of operators of motor vehicle of oncoming traffic;
12. 
All articles or things whatsoever, caused, kept, maintained or permitted by any person to the injury, or danger, of the public health, safety or welfare;
13. 
Tree limbs and branches which overhang any public sidewalk or public street of such height above the sidewalk or street as shall impede and interfere with the use of said sidewalk by any person, or impede and interfere with the use of said street by a pedestrian or the operator of any motor vehicle, or shall endanger the safety of any person using any public sidewalk, or endanger the safety of any pedestrian or occupant of any motor vehicle traveling upon any public street;
14. 
Old, used, stripped, junked, and machinery, implements or other personal property not in good and safe operating condition or otherwise usable for the purposes for which it was manufactured which is not wholly contained within an enclosed and secured building;
15. 
A motor vehicle which is not wholly contained within an enclosed and secured building which is:
a. 
Not properly licensed according to State law for operation on a public highway or roadway;
b. 
Elevated and not securely supported under the axles;
c. 
Junk;
d. 
Derelict;
e. 
Scraps or parts;
f. 
Disassembled in any way; or
g. 
A risk to health or safety of persons within the City.
[Ord. No. 2005-14 § 1, 12-15-2005]
A. 
It shall be an ordinance violation for a real property owner of, occupier of or any person with an actual or equitable interest in real property to have on or to create on the real property a nuisance. (See Section 215.010 for definition of "nuisance.")
B. 
In any complaint, information, or other action or proceeding brought for the enforcement of this Section it shall not be necessary to negate any exception, excuse, proviso, or exemption, in the ordinances of the City or State law, and the burden of proof of any such exception, excuse, proviso or exemption shall be upon the defendant.
C. 
Each day a person violates Subsection (A) of this Section shall be a separate ordinance violation and each finding of guilt of a violation of Subsection (A) shall be punished in the following manner, to wit:
1. 
For the first offense a minimum fine of one hundred dollars ($100.00) but not more than five hundred dollars ($500.00) or not more than ninety (90) days' imprisonment or by both such fine and imprisonment;
[Ord. No. 2006-25 § 1, 8-3-2006]
2. 
For the second offense a minimum fine of two hundred dollars ($200.00) but not more than five hundred dollars ($500.00) or not more than ninety (90) days' imprisonment or by both such fine and imprisonment;
[Ord. No. 2006-25 § 1, 8-3-2006]
3. 
For the third offense a minimum fine of five hundred dollars ($500.00) or not more than ninety (90) days' imprisonment or by both such fine and imprisonment;
4. 
For the fourth offense a minimum fine of five hundred dollars ($500.00) and ten (10) days' imprisonment but not more than ninety (90) days' imprisonment.
5. 
For each offense over four (4) a minimum fine of five hundred dollars ($500.00) and ninety (90) days' imprisonment.
D. 
In the case of joint tenancy, tenancy in common or tenancy by entireties or any other joint ownership or occupancy either legal or equitable each such owner thereof shall be liable for the violation of Subsection (A).
[Ord. No. 2005-14 § 1, 12-15-2005]
A. 
Written notice, by personal service or registered or certified mail with a return receipt, shall be given to the persons with a recorded interest (not including deed of trust trustees), as reflected in the Recorder of Deeds Office of Dekalb County, Missouri, in the subject real property on which a nuisance exists.
B. 
If written notice cannot be given as provided in Subsection (A) then the notice shall be given by publication by publishing said notice on two (2) successive weeks at least ten (10) days in advance of the abatement date in a newspaper qualified to publish legal notices in DeKalb County, Missouri. Except if the nuisance is for weeds, grass or trash, the notice can be posted on the subject property.
C. 
The notice referred to in Subsection (A) shall contain:
1. 
A description of the condition deemed to be a nuisance;
2. 
What is necessary for the nuisance to be abated;
3. 
A date on which the abatement is to be completed;
4. 
A date, time, and place of a hearing if the abatement is not completed within the designated time to show cause why the City should not abate the nuisance and have the cost added to the annual real estate tax bill; and
5. 
Advising of the right to present witnesses, to cross examine and to be represented by an attorney.
D. 
A hearing shall be held in a public place, on the date and at the time given in the notice, as continued from time to time by a hearing officer who shall be the Mayor of the City or the written designee of the Mayor.
E. 
If the hearing officer finds by the competent and substantial evidence that premises is a nuisance the hearing officer shall make written findings of fact and order the persons with a recorded ownership interest (not including deed of trust trustees) in the subject real property shall by a date certain abate the nuisance.
F. 
Any person aggrieved by the hearing officer's decision or order may appeal the decision or order to the Circuit Court of DeKalb County, Missouri, pursuant to the procedures as provided in Sections 536.100 to 536.140, RSMo.
G. 
If the nuisance is not abated by the persons with a recorded ownership interest by the date ordered by the hearing officer, the City may abate the nuisance and the cost of such abatement shall be certified by the hearing officer to the officer in charge of City finance to be added to the annual real estate tax bill for the subject property. This debt shall be considered a personal debt of the recorded owners of the subject property, shall be a lien on the property until paid and if not paid can be collected as delinquent and back taxes.
H. 
It will not be a requirement that the City proceed to abate a nuisance before prosecution under the Code of Ordinances for maintaining a nuisance.