[Ord. No. 1565, 10-5-2020[1]]
A.
Purpose.
Pursuant to Section 71.780, RSMo., the City of Concordia, Missouri,
hereby enacts the following Nuisance Chapter for the City of Concordia,
Missouri. The purpose of this Chapter is to suppress all nuisances
which are, or may be, injurious to the health and welfare of the inhabitants
of the City of Concordia, or prejudicial to the morals thereof, within
the boundaries of the City.
B.
Nuisance
Defined. In order to promote the health and safety of the citizens
of the City of Concordia and its visitors, it is hereby declared that
any act done or committed or suffered to be done or committed by any
person, or any substance or thing kept, maintained, placed or found
in or upon any public or private place within the City which is injurious
or dangerous to the public health is hereby declared a nuisance. All
pursuits followed or acts done within the City by any person to the
injury, annoyance, inconvenience or damage or that may directly affect
the health of the general public or to any person is hereby declared
a nuisance.
[Ord. No. 1565, 10-5-2020]
The following definitions and rules of construction apply to
this Article:
Includes, but is not limited to, weed cuttings, cut and fallen
trees and shrubs, overgrown vegetation, rubbish and trash, lumber
and firewood not piled neatly, parts of derelict cars or trucks, broken
furniture, flammable material which may endanger public safety or
material which is unhealthy or unsafe and declared to be a public
nuisance.
Chief of Police or any person designated by the Chief of
Police to enforce the provisions of this Article.
A person designated by the Board of Aldermen to conduct hearings
under this Article.
Any property within the corporate limits of the City that
is not owned or controlled by the City.
[Ord. No. 1565, 10-5-2020]
It is the duty of every owner of property within the City, as
well as the owner's agent in charge of the property and every
tenant and occupant of the property, to maintain the property free
of nuisances.
[Ord. No. 1565, 10-5-2020]
For purposes of this Article, every owner of the fee interest
underlying any public street right-of-way shall be responsible for
maintaining all unimproved portions of the right-of-way free of nuisances.
[Ord. No. 1565, 10-5-2020]
Except for exigent circumstances, enforcement officials shall
not enter and inspect private property without the consent of an owner
or occupant of the property or pursuant to a warrant issued by the
Municipal Judge. A warrant, however, shall not be required to enter
and inspect any place where the public is invited or to use normal
means of public access to the doors of residences.
[Ord. No. 1565, 10-5-2020]
The remedies set forth in this Article are cumulative and not
exclusive. The City may pursue any available civil remedies in addition
to prosecuting violations in Municipal Court and following the abatement
procedures of this Article.
[Ord. No. 1565, 10-5-2020]
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.
Any condition, substance or thing on public
or private property that is injurious or dangerous to public health
or safety.
3.
Sewage or other human organic waste discharged
or exposed on any land in a manner that makes it a potential instrument
or medium for the breeding of flies and mosquitoes, the production
of odors, or the transmission of disease, or which contaminates surface
water or ground water.
4.
Carcasses of dead animals not buried or destroyed
within twenty-four (24) hours after death.
5.
All diseased animals running at large.
6.
Any accumulation of unwholesome, impure or
stagnant water.
7.
Accumulations or deposits of garbage other
than garbage temporarily stored for lawful disposal provided that
the garbage is temporarily stored in a leak proof container designed
for the storage of garbage.
8.
Any accumulation of trash or debris.
9.
Privy vaults or garbage cans which are not
fly-tight, that is, privy vaults or garbage cans which do not prevent
the entry of flies, insects and rodents.
10.
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.
11.
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.
12.
Any accumulation of material that does or
could afford harborage for rats, mice or snakes.
13.
Common drinking cups, roller towels, combs,
brushes or eating utensils in public or semi-public places where not
properly sanitized after use.
14.
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 Concordia.
15.
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.
16.
All infestations of flies, fleas, roaches,
lice, ticks, rats, mice, fly maggots, mosquito larvae and hookworm
larvae.
17.
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.
18.
Any barn or other place where animal or
fowl waste collects that is not kept in a clean and wholesome condition
so that no odors offensive to a person of ordinary sensibilities can
escape the premises.
19.
Unlicensed dumps and licensed dumps not
operated or maintained in compliance with the ordinances of the City
of Concordia and the Statutes of the State of Missouri.
20.
Deposits of leaves, grass, dirt or other
material that interfere with the proper functioning of any sewer inlet
or fixture.
21.
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 interfere
with the proper operation of the system, or which will pollute the
natural creeks or waterways.
22.
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 Concordia.
23.
A tree or any tree limb that is dead and
that is a hazard to life or property.
24.
A tree or any tree limb that causes a safety
hazard by obstructing the line of sight of a motor vehicle driver,
bicyclist, motor propelled scooter, or pedestrian at a street intersection.
25.
A tree or any tree limb that could interfere
with the passage of motor vehicles, buses, emergency vehicles, bicycles,
motor propelled scooters, or pedestrians on any public right-of-way.
26.
A tree that harbors insects or disease that
constitutes a potential threat to other trees.
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 Concordia, or within one-half (1/2) mile
of the corporate limits of the City of Concordia, 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.
[Ord. No. 1565, 10-5-2020]
It shall be unlawful for any person to cause, permit, maintain
or allow the creation or maintenance of a nuisance.
[Ord. No. 1565, 10-5-2020]
It is an affirmative defense to a charge of permitting, maintaining
or allowing the creation or maintenance of a nuisance in violation
of this Article, that the defendant did not have the legal right to
control the location where the alleged violation occurred.
[Ord. No. 1565, 10-5-2020]
Each day that a violation of this Article continues shall be
deemed a separate offense.
[Ord. No. 1565, 10-5-2020]
A.
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 may
order any person who has caused or is maintaining the nuisance to
appear before the Board at such time and place as the Board may direct
to show cause, if any, why that person should not abate the nuisance.
Every person required to appear before the Board shall have at least
ten (10) days' notice thereof.
2.
Such notice shall be signed by the 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.
3.
If after hearing all the evidence the Board
of Aldermen may determine that a nuisance exists, it may direct the
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 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, 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, the appropriate City Official shall
proceed to abate the nuisance in the manner provided by the order
of the Board, and the cost of same, if ordered by the Board, 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.
[Ord. No. 1565, 10-5-2020]
A.
The Police Chief may abate any nuisance without following
the abatement procedures of this Article if the nuisance presents
an immediate threat to the health, safety or welfare of any inhabitant
of the City.
B.
The Police Chief may assess the cost, including administrative
costs, of abating a nuisance under this Section against the property
on which the nuisance was located. Before assessing costs, the Police
Chief shall serve a bill of costs on the property owner. The bill
of costs shall describe the nuisance that was abated, state the cost
of abatement and inform the owner of the right and manner of requesting
a hearing.
C.
The bill of costs shall be served on the property owner
by first class mail, or by personal service in the same manner as
legal process is served under any Missouri Statute or court rule.
Mailed notice shall be presumed received three (3) days after it is
mailed. If service is not able to be obtained by either of the above
methods, service may be obtained by publishing notice of the bill
of costs in a newspaper of general circulation in the City.
D.
The property owner may contest the assessment of costs
by requesting a hearing. The request for hearing must be made in writing
and received by the Police Chief within seven (7) days of service
of the bill of costs or publication of notice of the bill of costs.
The request for hearing must be either hand-delivered to the office
of the Police Chief or sent to the Police Chief by United States mail,
facsimile machine or electronic mail. The request for hearing must
state an address to which a notice of hearing may be sent.
E.
Notice Of Hearing. At least ten (10) days' written
notice of the hearing shall be given to the property owner. Notice
shall be hand-delivered to the property owner or mailed to the address
provided by the property owner in the request for hearing. Notice
shall be presumed received three (3) days after it is mailed.
F.
Hearing And Decision. The Hearing Officer shall conduct the hearing and enter a decision in accordance with the requirements of Chapter 536, RSMo. If the Hearing Officer determines that the abatement was justified under Subsection (A), the Hearing Officer shall certify the cost of abatement to the City Clerk for collection pursuant to the provisions of Section 215.015.
G.
Appeal. An appeal from the decision of the Hearing
Officer may be made to the Circuit Court of Lafayette County in accordance
with Chapter 536, RSMo.
[Ord. No. 1565, 10-5-2020]
If any nuisance abated by the Police Chief extended over more
than one (1) parcel of land, the cost of abating the nuisance shall
be assessed against each parcel of land on which the nuisance was
abated in proportion to the amount of work and expense for each such
parcel. Except in the case of an emergency abatement, however, no
parcel of land shall be assessed unless an owner of the parcel was
served with an abatement notice.
[Ord. No. 1565, 10-5-2020]
If any nuisance abated by the Police Chief was caused in whole
or in part by activities on neighboring property, the cost of abating
the nuisance shall be assessed against each parcel of such neighboring
property in proportion to the amount of damage attributable to each
such parcel. Except in the case of an emergency abatement, however,
no property shall be assessed unless an owner of the property was
served with an abatement notice. The owner of such property shall
be entitled to the same hearing and appeal rights as the owner of
property on which a nuisance is alleged to exist.
[Ord. No. 1565, 10-5-2020]
Any person in physical possession and control of any animal
shall remove excreta or other solid waste deposited by the animal
in any public or private area not designated to receive such wastes,
including, but not limited to, streets, sidewalks, parking lots, public
parks or recreation areas and private property. The provisions of
this Section shall not apply to a guide dog accompanying any blind
person.
[Ord. No. 1565, 10-5-2020]
No person shall, without first obtaining special permission
from the Board of Aldermen, build or place or cause to be built or
placed any fence composed in whole or in part of barbed wire or electric
fence anywhere within the City limits. Any such fence which may be
built without such permission, or which having been built by such
permission shall not be removed at the expiration of ten (10) days
after notice requiring the removal thereof has been served by order
of the Board upon the owner, agent or tenant of the premises upon
which such fence is situated is hereby declared to be a nuisance.
[Ord. No. 1565, 10-5-2020]
Any pond or pool of stagnant water within the City and all foul
or dirty water or other liquid when discharged through any drainpipe
or spout, or thrown into or upon any street, alley, thoroughfare or
lot within the City to the injury and annoyance of the public is hereby
declared a nuisance.
