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 semipublic 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 Waverly.
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 Waverly 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
Waverly.
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 Waverly or within one-half (1/2) mile of the corporate limits of
the City of Waverly, 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 — Procedure Generally. Whenever the Board of Aldermen
receives notification that a nuisance may exist, it shall proceed
as follows, except as may be otherwise provided herein:
1.
It Shall Investigate The Same. The Board of Aldermen may order
any person who has caused or is maintaining the nuisance to appear
before the Board of Aldermen at such time and place as the Board of
Aldermen may direct to show cause, if any, why that person should
not abate the nuisance. Every person required to appear before the
Board of Aldermen shall have at least ten (10) days' notice thereof.
2.
Such notice shall be signed by the Health Officer or Chief of
Police and shall be served upon that person by delivering a copy thereof
to the person, or by leaving a copy at his/her residence with some
member of the family or household over fifteen (15) years of age,
or upon any corporation by delivering the copy thereof to the President
or to any other officer at any business office of the corporation
within the City. 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 appear before the Board of Aldermen.
3.
If after hearing all the evidence the Board of Aldermen may
determine that a nuisance exists, it may direct the Health Officer
or Chief of Police or other City Official to order the person to abate
the nuisance within twenty (20) days or within such other time as
the Board of Aldermen may deem reasonable. Such order shall be served
in the manner provided in this Section for service of the order to
show cause. 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 Board of Aldermen, and that a special
tax bill be issued for the costs of abating the nuisance.
4.
If the order has not been obeyed within the time period set
by the Board of Aldermen, the appropriate City Official shall proceed
to abate the nuisance in the manner provided by the order of the Board
of Aldermen, and the cost of same, if ordered by the Board of Aldermen,
may be assessed as a special tax against the property so improved
or upon which such work was done; and, if so ordered, 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.
5.
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.
6.
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 eight (8) inches,
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 Chief of Police shall give a hearing after ten (10) 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; thereupon, the Chief of Police may declare the weeds, high
grass or other vegetation to be a nuisance and order the same to be
abated within five (5) days.
E.
Disposition. In case the weeds, high grass or other vegetation are
not cut down and removed within the five (5) days, the Chief of Police
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 and/or County Collector 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.
G.
If weeds are allowed to grow, or if trash is allowed to accumulate,
on the same property in violation of this Section more than once during
the same growing season in the case of weeds, or more than once during
a calendar year in the case of trash, the Chief of Police may, without
further notification, have the weeds or trash removed and the cost
of the same shall be billed in the manner described in this Section.
This Subsection does not apply to lands owned by a public utility
and lands, rights-of-way, and easements appurtenant or incidental
to lands controlled by any railroad, or property that is vacant for
an agricultural purpose or being baled.
