City of Greenfield, MO In General

[R.O. 2006 § 215.010]

The following are declared to be nuisances affecting health:

All decayed or unwholesome food offered for sale to the public or offered to the public at no charge.

All diseased animals running at large.

All ponds or pools of stagnant water.

Carcasses of dead animals not buried or destroyed within twenty-four (24) hours after death.

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.

Garbage cans which are not fly-tight, that is, garbage cans which do not prevent the entry of flies, insects and rodents.

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.

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.

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 Greenfield.

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 Greenfield 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 interfere with the proper operation of the system or which will pollute the natural creeks or waterways.

16.

Cesspools, outhouses and privy vaults.

17.

Any sewage, industrial waste, petroleum product or any other substance harmful to human beings which pollutes any well, cistern, spring, stream, lake, canal or body of water.

18.

Any cattle, hogs, horses, mules, sheep, goats and all other domestic animals, also geese, ducks, chickens, turkeys and all other domestic fowls including ratite birds, or any exotic animal or any domesticated wild animal allowed to run outside the enclosure of the owner.

19.

Unlicensed dumps or dumping sites and licensed dumps not operated in compliance with the ordinances of the City and the rules, regulations and Statutes of the State of Missouri.

20.

Junk yards operating in violation of Chapter 610 of the City Code.

21.

All slaughterhouses within the City which emit noxious or offensive odors.

22.

All shade or ornamental trees upon or in front of or adjoining any property, the limbs or branches of which so hang as to interfere with pedestrians passing along the sidewalk or motor vehicles passing along the street.

23.

Any damaged or disabled vehicle, or any part thereof, as defined in Section 215.015, which harbors tall grass, weeds or other vegetation or affords a breeding place for mosquitoes, flies, rodents, rats or other vermin, or which creates a hazard to children.

24.

Any damaged or disabled vehicle which is not registered or is improperly registered with the State of Missouri which is located on private property and is in such a state of repair as to be inoperable, except those stored within an enclosed garage or building or on the premises of a duly licensed automobile repair or sales business or in a duly licensed automobile junking yard.

25.

Any abandoned vehicle.

26.

Any accumulation of dead weeds, grass, brush, junk or trash which affords a breeding place for mosquitoes, flies, rodents, rats, other vermin or any poison ivy, ragweed or other poisonous or harmful weed that extend upon, overhang or border any public place or land of another.

27.

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 Greenfield.

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 Greenfield or within one-half (1/2) mile of the corporate limits of the City of Greenfield, 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 is a separate offense.

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.

In all cases where a public nuisance, as set forth in Subsection (A) hereof, reasonably appears to be an immediate danger to the health, safety or welfare of the public and the Mayor is not immediately available, the Chief of Police or any Police Officer is hereby authorized and empowered to enter upon any private property for the purpose of immediately removing or abating the nuisance in an appropriate manner.

Abatement Procedures.

Complaints. Any complaint of the existence of a nuisance by any person, including Police Officers, shall be made to the Mayor or the City employee designated by the Mayor to receive and process such complaints. The Mayor or designated employee shall review the complaint and make any investigation deemed necessary. If the Mayor or designated employee determines that a public nuisance, as declared in Subsection (A) hereof, exists, the Mayor or designated employee shall begin proceedings against any person or persons creating or maintaining such public nuisance.

Notice of violation.

Contents of the notice. When the Mayor or his/her designated employee determines that a public nuisance exists, the Mayor or designated employee shall cause written notice to be served upon the owner, lessee, tenant or occupant or any agent, servant, representative or employee of any such owner, lessee, tenant or occupant having custody or control of any tract, lot or parcel of land on which the public nuisance is located. The notice shall state the location and nature of the condition or activity which constitutes a public nuisance, the Section of the Code that declares such condition or activity to be a public nuisance and that if the nuisance is not abated, the City may proceed to abate the nuisance and issue a special tax bill for the cost of abating the nuisance. The notice shall state the number of days from receipt of the notice allowed to abate the nuisance, which shall not be less than ten (10) days. The notice shall also inform the owner or custodian of the nuisance of his/her right to file a written request for a hearing before the Mayor or designated employee prior to the expiration of the time allowed to abate the nuisance.

Service of notice. The notice of violation shall be served by certified mail, return receipt requested or personal service. If the owner or a custodian of the nuisance cannot be located by a reasonable search, the notice shall be attached to the property and a copy of the notice shall be published one time in a weekly newspaper of general circulation in the City, which notice shall allow at least ten (10) days from the date of publication to abate the nuisance.

Hearing. If the owner or custodian of the nuisance files a written request for a hearing prior to expiration of the time allowed to abate the nuisance, a hearing shall be held before the Mayor or designated employee. The owner or custodian of the nuisance shall be given notice of the hearing and an opportunity to be heard. If, after hearing all the evidence, the Mayor or designated employee determines that a public nuisance exists as declared by Subsection (A) hereof, a written order shall be issued directing the owner or custodian of the nuisance to remove or abate the nuisance within ten (10) days or such other time as the Mayor or designated employee may deem reasonable. If the owner or custodian of the nuisance fails to remove or abate the nuisance within the time allowed, the Mayor shall direct the appropriate City Official to remove or abate the nuisance and direct the City Clerk to cause a special tax bill to issue for the costs of removing or abating the nuisance.

Appeal. Within five (5) days after the issuance of the written order by the Mayor or designated employee, the owner or custodian may file a written request for appeal before the Board of Aldermen. The appeal hearing shall be presided over by the President of the Board of Aldermen and shall be scheduled no later than ten (10) working days after receipt of the written appeal. The appeal shall be open to the public and conducted in such a manner as to allow the owner or custodian to appear and be heard in person or by counsel and to present relevant evidence and testimony before the Board. Within three (3) days of the appeal hearing the President of the Board shall issue the written finding of the Board. The decision of the Board shall be final. If the Board of Aldermen affirms the decision of the Mayor or designated employee, the President of the Board shall direct the owner or custodian of the nuisance to remove or abate the nuisance within such time as the Board deems reasonable and if the nuisance is not removed or abated within the allowed time shall direct the appropriate City Official to remove or abate the nuisance and direct the City Clerk to cause a special tax bill to issue for the costs of removing or abating the nuisance.

Special tax bills. Special tax bills issued for the cost of removing or abating a public nuisance shall be recorded in the land records of the County, shall be a lien on the property and shall be collected and paid as provided for the collection of other special tax bills. The costs of removing or abating nuisances on private property shall be levied and assessed on each lot in proportion to the expense, amount of work done, and material used in abating the nuisance located on each lot.

Failure to appear. If the owner or custodian of a nuisance fails to appear after requesting a hearing or an appeal hearing, the owner or custodian will be deemed to have waived his/her right to a hearing and/or appeal.

Filing of requests and decisions. All requests for hearing and decisions or orders required by this Chapter shall deemed to be filed upon delivery to the City Clerk at his/her normal place of business at City Hall.