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.
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.
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.
Unlicensed dumps and licensed dumps not operated or maintained
in compliance with the ordinances of the City of Golden City and the
Statutes of the State of Missouri.
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.
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
Golden City.
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 Golden City or within one-half (1/2) mile of the corporate limits
of the City of Golden City, 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.
Abatement Of Nuisance — Abatement Officer. Whenever the
Abatement Officer for the City shall ascertain or have knowledge that
a nuisance exists on any premises in the City, he/she shall, by written
notice, notify the persons occupying or having possession of said
premises to abate or remove such nuisance within the time to be specified
in such notice, not less than fifteen (15) days. Failure to abate
such nuisance within the time specified within the notice, or failure
to pursue the removal or abatement of such nuisance without unnecessary
delay, shall be deemed an ordinance violation.
Notice. The Abatement Officer shall determine all individuals,
firms or corporations who, from the records in the Recorder of Deeds'
office, appear to be the titled owners of the aforesaid property and
immediately cause a written notice to be served on each such individual,
firm or corporation by one (1) of the following methods:
The delivery of a true copy of the notice to the person(s)
intended to be notified, or the leaving of a copy at his/her usual
place of abode with some member of his/her family over the age of
fifteen (15) years.
If service of such written notice is unable to be perfected
by any of the methods described above, the Abatement Officer shall
direct the City Clerk to cause a copy of the aforesaid notice to be
published in a newspaper of general circulation in the County where
the City is located, once a week for two (2) consecutive weeks and
shall further cause a copy of the aforesaid notice to be left with
the individual, if any, in possession of such property on which it
is alleged such public nuisance exists, or if there is no individual
in possession thereof, the Abatement Officer shall cause a copy of
the notice to be posted at such structure, location or premises. The
Abatement Officer may also determine from the Recorder of Deeds' office
who the lienholder of the property, if any, as documented therein,
is and cause a written notice to be served on such lienholder by United
States mail return receipt.
Summary Abatement. Whenever it becomes necessary to abate a
nuisance immediately in order to secure the general health, welfare
or safety of the City or any of its inhabitants, the City is authorized
to abate such nuisance without notice and may use any suitable means
or assistance for that purpose, whether by employees of the City or
laborers especially employed for that purpose, or any other help or
assistance necessary therefor.
Municipal Court May Order Abatement — Cost Of Abatement
By The City, How Paid. If, upon a trial for the failure to abate such
nuisance within the time specified within the notice or failure to
pursue the removal or abatement of such nuisance without unnecessary
delay, the Judge of the Municipal Court shall find that a violation
exists and that the defendant has had proper notice as provided in
this Section and that the defendant has failed to abate the nuisance,
the Judge of the Municipal Court shall, in addition to the penalty
for violating this Section, make an order directing the Abatement
Officer to abate such nuisance forthwith and immediately report the
expenses thereof to the City Clerk or officer in charge of finance
who 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.
Right Of Entry. Any person or contractor employed by or under
contract with the City for the abatement of a nuisance and any agent
or employee of such contractor shall have the right of entry for that
purpose into and upon any premises and it shall be unlawful to interfere
with any Police Officer, Abatement Officer or any officer, agent or
employee of the City or with any representative of the City engaged
in the abatement of any nuisance pursuant to an order of the Municipal
Judge or any summary abatement as described above.
Remand And Hearing. In case the Municipal Judge shall determine
that abatement of any alleged nuisance is not immediately necessary
for the protection of the health of the inhabitants of the City, he/she
may instead of entering a finding remand the matter to the Board of
Aldermen and the City shall hold a hearing before declaring the same
to be a nuisance and ordering its abatement. At least fifteen (15)
days' notice of such hearing shall be given to the owner or occupant
of the premises upon which such alleged nuisance exists or to his/her
agent or to the person causing or maintaining such alleged nuisance,
which notice shall state the time and place of such hearing. All interested
parties may appear at such hearing either in person or by attorney
and present evidence concerning the matters at issue. If, upon such
hearing, the Board of Aldermen finds that a nuisance exists, it shall
order the owner, occupant or agent of such property, or the person
causing or maintaining such nuisance, to abate the same and if the
same be not abated within the time prescribed by the City Board of
Aldermen in such order, the matter may again be presented for prosecution
before the Municipal Court for determination.
Court Suit Authorized. Nothing in this Section shall be construed
as abandoning or limiting the City's right to bring suit for all expenses
attending the abatement of a nuisance, when performed by the City,
in any court of competent jurisdiction in the name of the City against
the person maintaining, keeping, creating or refusing to abate the
nuisance so abated.
Any lot or land shall be a public nuisance if it has the presence
of debris of any kind, including, but not limited to, weed cuttings,
cut and fallen or hazardous trees and shrubs, overgrown vegetation
and noxious weeds which are seven (7) inches or more in height, rubbish
and trash, lumber not piled or stacked twelve (12) inches off the
ground, rocks or bricks, tin, steel, parts of derelict cars or trucks,
broken furniture, any flammable material which may endanger public
safety or any material which is unhealthy or unsafe and declared to
be a public nuisance.
When a public nuisance as described above exists, the Mayor shall
provide for service to the owner of the property and, if the property
is not owner-occupied, to any occupant of the property a written notice
specifically describing each condition of the lot or land declared
to be a public nuisance, and which notice shall identify what action
will remedy the public nuisance. Unless a condition presents an immediate,
specifically identified risk to the public health or safety, the notice
shall provide a reasonable time, not less than ten (10) days, in which
to abate or commence removal of each condition identified in the notice.
Written notice may be given by personal service or by first-class
mail to both the occupant of the property at the property address
and the owner at the last known address of the owner, if not the same.
Upon a failure of the owner to pursue the removal or abatement of
such nuisance without unnecessary delay, the Mayor may cause the condition
which constitutes the nuisance to be removed or abated. If the Mayor
causes such condition to be removed or abated, the cost of such removal
or abatement and the proof of notice to the owner of the property
shall be certified to the City Clerk or officer in charge of finance
who 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 from the date the tax
bill is delinquent until paid.