The following conditions are deemed to be public nuisances:
A. Putrid, offensive, or unhealthy substances, including but not limited
to stagnant water, allowed to accumulate or remain on private property.
B. Garbage, trash, waste, junk or debris allowed to accumulate or remain
on private property.
C. Keeping of cattle or swine.
E. Operating a slaughterhouse.
F. Dangerous buildings, mobile homes, or other structures unfit or unsafe
for human occupation.
G. Derelict cars, trucks, or other vehicles, or parts thereof; any vehicle
shall presumed to be derelict if it is without proper registration,
wrecked, dismantled, not operable without repair, or if the owner
thereof does not reside on the premises.
H. Storage of vehicles in violation of §
51.030.
J. An animal pen or enclosure kept in an unsanitary or unclean condition.
K. Any condition that alters the natural flow of water creating a dangerous
condition on public or private property.
L. Any enclosure or container which may be sufficiently tightly closed
to cause suffocation.
M. Any residence or lodging which is not sufficiently lighted, heated,
or provided with water and sewer to be kept in a clean and sanitary
condition.
N. Any business or activity operated in such a manner and at such hours
which are offensive, intruding, or annoying to the public or to persons
living nearby.
O. Any other condition which is unhealthy or unsafe, provided:
1. That it is described in detail in the notice that is required below;
and
2. That the definition is not successfully challenged by requesting
a formal hearing as provided below.
It is unlawful for any owner or occupant of property in the
City to permit or maintain a nuisance as defined herein.
Abatement procedures shall be the responsibility of the Police
Department. Abatement procedures shall commence by providing notice
to the owner of the property of the public nuisance existing on his/her/its
property. The notice may be delivered by personal service, by certified
mail, or by ordinary mail. (If sent by ordinary mail, there will be
a refutable presumption that the letter was delivered five days after
the date it was sent.)
A. The notice shall specifically describe the nature of the nuisance,
the location of the property (using the mailing or popular address
rather than a legal description, when reasonably possible to do so),
and ordering the property owner to, within a period of 10 days from
the receipt of the notice, abate the nuisance.
B. Any owner who wishes to challenge the order of abatement may do so,
provided that within the ten-day period he/she/it requests a hearing
on the validity of the order. If no such request is made within that
time period, the order becomes final and is not subject to challenge
elsewhere. If such request is made, the hearing shall be conducted
by the Board of Aldermen. The request for a hearing must be in writing,
but otherwise no particular formality is required. Notice to the property
owner of his right to request such hearing shall be given by including
a copy of this ordinance with any notice sent under authority of this
section.
If a nuisance is present on the property 10 days after receipt
of the notice by the property owner or five days after an unfavorable
decision on the hearing, whichever is later, the enforcement officer
may cause same to be abated. The enforcement official shall verify
the cost of such abatement to the City Clerk or other 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, and shall be collected in the same
manner and procedure as for collecting real estate taxes. The City
may also bring civil suit to collect the costs of abatement from the
owner of the property.
An owner who fails to remove a nuisance within 10 days after
receipt of the notice by the property owner or five days after an
unfavorable decision on the hearing, whichever is later, shall be
guilty of an offense and may be charged in municipal court with the
offense of "failure to abate a nuisance."
The provisions of this chapter are non-exclusive, and the City
may pursue any additional remedies as provided by law. For violation
of this chapter, the fine shall be set by the Municipal Judge but
shall be no more than allowed by Missouri statutes. Every day of violation
shall constitute a separate offense. Municipal court fines and court
costs may be charged in addition to the costs of abatement assessed
and/or collected by the City.