A.
The following are declared to be nuisances affecting health:
[Ord. No. 23-12, 8-15-2023; Ord.
No. 23-20, 12-5-2023]
1.
All decayed or unwholesome food offered for sale to the public.
2.
All pools of stagnant water or vessels holding stagnant water
in which mosquitoes can breed.
3.
Carcasses of animals not buried or otherwise disposed of in
a sanitary manner within twenty-four (24) hours after death.
4.
Accumulations of manure, rubbish, litter, trash, rubble, refuse,
debris, paper, combustible materials, offal or waste, or matter of
any kind or form which is uncared for, discarded, or abandoned, or
improperly stacked building materials all of which are potential breeding
places for flies, mosquitoes or other vermin.
5.
Leaking septic tanks or sewer lines or other sewage existing
in an unsanitary manner and which could cause disease transmission.
6.
All buildings, walls, and other structures which have been damaged
by fire, decay, or otherwise, and which endanger the health, peace
and safety of the public.
7.
Any solid or industrial waste, including, but not limited to,
garbage, tin cans, bottles, rubbish, refuse, trash, construction waste
or demolition waste, tree trimmings, manufacturing waste or industrial
waste dumped, thrown, burned, spilled or abandoned, except such waste
disposed of lawfully in a land fill or incinerator.
8.
Garbage cans which do not have tight-fitting lids or which are
contrary to the ordinances relating thereto.
9.
Any animal or animals kept or maintained in an unsanitary condition
or surroundings.
10.
Discharge into any part of the storm drainage system of any:
a.
Untreated sewage, sewage solids, process wastewater, refuse,
explosive or combustible liquid, solid or gas, oils, greases, industrial
waste or other polluted water except where a Federal, State or local
permit for connections, discharge or disposal has been obtained;
b.
Waters or wastes containing toxic or poisonous solids, liquids
or gases insufficient quantity, either singly or by interaction with
other wastes to constitute a hazard to humans or animals or to cause
corrosion, discoloration or deposition on structures and equipment;
or
c.
Any solid or viscous substances in such quantities or of such
size capable of causing obstruction to the flow in the stormwater
drainage system or other interference with the proper operation of
the drainage system of the City of Lake Lotawana.
11.
Unlicensed dumps and licensed dumps not operated or maintained
in compliance with the ordinances of the City of Lake Lotawana and
the Statutes of the State of Missouri.
12.
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
Lake Lotawana.
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 and as otherwise allowed under Section 205.035.
14.
The keeping of any portable trash or property storage trailer,
dumpster, or other containment device, for more than thirty (30) days
except for those on construction sites with a valid permit from the
City for the work being performed.
B.
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 Lake Lotawana or within one-half (1/2) mile of the corporate limits
of the City of Lake Lotawana, 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.
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.
D.
Abatement.
[Ord. No. 23-20, 12-5-2023]
1.
The Health Officer, Chief of Police (or officers at his/her direction),
or City Inspector shall investigate any reports of an alleged nuisance
within the City of Lake Lotawana and if upon investigation finds that
a nuisance exists, issue a notice ordering the property owner, occupant,
or lessee maintaining the nuisance, to abate the nuisance within twenty-one
(21) days or within such time as deemed reasonable by the Health Officer,
Chief of Police, or City Inspector. If the notice cannot be given
for the reason that the person named in the notice or his/her agent
cannot be found in the City, of which fact the return upon such notice
of the officer serving the same shall be conclusive evidence, such
notice shall be published in a daily newspaper for three (3) consecutive
days, if a daily, or once, if a weekly paper, giving at least ten
(10) days' notice from the final publication date of the time fixed
for the parties to abate the nuisance.
2.
The order may further provide that the appropriate City official
be directed to abate the nuisance if the order is not obeyed within
the time period set by the Health Officer, Chief of Police, or City
Inspector, and that a special tax bill be issued for the costs of
abating the nuisance.
3.
If the order has not been obeyed within the time period set therein,
the appropriate City official shall proceed to abate the nuisance
in the manner provided by the order, and the cost of same may be assessed
as a special tax against the property so improved or upon which such
work was done; and, if so ordered at the discretion of the City Administrator,
the City Clerk shall cause a special tax bill therefor against the
owner thereof when known, and if not known then against the unknown
persons, and the certified bills of such assessment shall describe
therein the property upon which the work was done.
4.
The bills for the above work shall be recorded and shall be collected
and paid as provided for the collection of other special tax bills
for the repairing of sidewalks or grading or paving of streets and
shall be a lien on the property.
5.
The cost of abating nuisances on private property shall be levied
and assessed on each lot in proportion to the amount of work done
and material used in abating the nuisance located on each such lot.
A.
Failure To Keep Weeds, High Grass And Other Vegetation Cut And Removed,
A Nuisance. All persons owning or occupying any lot or tract of land
in the City shall keep the weeds, high grass and other vegetation
growing on such property cut and removed. Whenever such weeds, high
grass or other vegetation shall attain the height of twelve (12) inches
in height on improved lots or eighteen (18) or more inches in height
on unimproved lots, it shall be deemed a public nuisance.
B.
Unlawful To Maintain Such Nuisance. It shall be unlawful for any person to create or maintain a nuisance as defined in Subsection (A).
C.
Liability. Whenever weeds, high grass or other vegetation in violation of Subsection (A) of this Section are allowed to grow on any part of any lot or ground within the City, the owner of the ground or, in case of joint tenancy, tenancy by entireties or tenancy in common, each owner thereof shall be liable.
D.
Notice. The Health Officer, Chief of Police, or City Inspector shall
give fifteen (15) days' notice thereof either personally or by United
States Mail to the owner or owners, or the owner's agents, or by posting
such notice on the premises ordering the property owner to abate the
high grass or other vegetation nuisance within fifteen (15) days of
such notice.
[Ord. No. 23-20, 12-5-2023]
E.
Disposition. In case the weeds, high grass or other vegetation are
not cut down and removed within the five (5) days, the appropriate
City Official shall have the weeds, high grass or other vegetation
cut down and removed and shall certify the costs of same to the City
Clerk.
F.
Tax Bill. The City Clerk 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.
