[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
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;
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.