[R.O. 2011 § 220.010; Ord. No.
1271, 8-20-2018]
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 and all foul water or liquid
when discharged through any drainpipe, spout, or otherwise upon any
street, alley, or thoroughfare or private lot.
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 fly-tight, 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 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 Owensville.
11.
Any vehicle used for garbage or rubbish disposal which is not
equipped with a water-tight 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 unlicensed or inoperable motorized vehicles, trailers, and
associated appurtenances, motor vehicle parts or pieces, major household
appliances, and furnishings upon any property.
13.
Any and all infestations of flies, fleas, roaches, lice, ticks,
rats, mice, fly maggots, mosquito larvae and hookworm larvae.
14.
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.
15.
Unlicensed dumps and licensed dumps not operated or maintained
in compliance with the ordinances of the City of Owensville and the
Statutes of the State of Missouri.
16.
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 stormwater system or which may interfere with the proper
operation of the stormwater system or which will pollute the natural
creeks or waterways.
17.
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
Owensville.
B.
Unlawful To Cause, Maintain Within City Or One-Half (1/2) 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 Owensville or within one-half (1/2) mile of the corporate limits
of the City of Owensville, 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.
C.
Abatement Generally.
1.
Abatement Of Nuisance — Abatement Officer. Whenever the
Code Enforcement 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 ten (10) 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.
2.
Notice. The Code Enforcement 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:
a.
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.
b.
Mailing a copy to such person at such place or address by United
States Mail or certified mail.
c.
If service of such written notice is unable to be perfected
by any of the methods described above, the Code Enforcement Officer
shall direct the City Clerk to cause a copy of the aforesaid notice
to be published in a newspaper of general circulation in Gasconade
County 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 Code Enforcement Officer shall cause a copy of the notice
to be posted at such structure, location or premises. The Code Enforcement
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 certified
mail, return receipt requested.
3.
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.
4.
Court Where The City's Ordinance Violations Are Prosecuted 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 Court
where the City's ordinance violations are prosecuted 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 Associate Circuit Judge of the 20th Judicial Circuit
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.
5.
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, Code Enforcement 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
Associate Circuit Judge of the 20th Judicial Circuit Court or any
summary abatement as described above.
6.
Remand And Hearing. In case the Associate Circuit Judge of the
20th Judicial Circuit Court 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 Board of Aldermen in such
order, the matter may again be presented for prosecution before the
Court where the City's ordinance violations are prosecuted for determination.
7.
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.
