[Ord. No. 2023-26, 8-14-2023]
A. In addition to any other act declared by ordinance to be a nuisance,
the following are declared to be nuisances:
1.
Depositing any dead animal, filth, decayed, or decomposed matter
or other substance or things obnoxious to the public upon a street,
alley, or public or private place in the City.
2.
All decayed or unwholesome food offered for sale to the public
or offered to the public at no charge.
3.
All diseased animals running at large.
4.
All ponds or pools of stagnant water.
5.
Carcasses of dead animals not buried or destroyed within twenty-four
(24) hours after death.
6.
Accumulations, wheresoever they may occur, of debris and trash,
including, but not limited to, weed cuttings; cut and fallen trees,
tree limbs, or shrubs; lumber not piled or stacked twelve (12) inches
off the ground; rocks; bricks; tin; steel; parts of derelict vehicles;
furniture; appliances; apparatus, equipment, manure; rubbish; garbage;
refuse; any flammable or toxic material which may endanger public
safety; and human and industrial, noxious or offensive waste.
7.
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.
8.
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.
9.
Dense smoke, noxious fumes, gas and soot, or cinders in unreasonable
qualities, 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.
10.
Common drinking cups, roller towels, combs, brushes or eating
utensils in public or semi-public places where not properly sanitized
after use.
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.
Failure to keep and maintain animals in conformance with the requirements set forth in Chapter
215, Animals.
14.
Unlicensed dumps, and licensed dumps not operated or maintained
in compliance with the ordinances of the City of Overland and the
Statutes of the State of Missouri.
15.
The discharge into a stormwater system of 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.
16.
All other acts, practices, conduct, businesses, occupations,
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 Overland.
17.
Above ground storage tanks or other containers for gasoline
or other volatile fluid if not contained properly and in accordance
with the Community Fire Protection District, or any successor fire
protection district, standards.
18.
The burning of garbage, refuse, waste, leaves, straw or other
combustible materials in any ash pit, stove or incinerator on or in
any street, alley or on any private property.
19.
All privies or private vaults not connected with a sanitary
sewer where available, or with an efficient septic tank in areas where
sanitary sewers are not available.
20.
Any dirt gathered in the cleaning of yards, waste from industrial
or business establishments, or any rags, damaged merchandise, wet,
broken or leaking barrels, casks or boxes, or any materials which
are offensive, or tend by decay to become putrid or to render the
atmosphere impure or unwholesome.
21.
Perforated, punctured, ruptured, broken, cracked or leaking
sanitary sewer lateral lines.
22.
The removal or destruction of vegetation or the failure to establish
or maintain such vegetation on property within the City of Overland
so as to cause or be very likely to cause damage to, or otherwise
adversely affect, adjoining private or public streets, storm sewers
or properties due to soil erosion or siltation.
23.
Any tree on any property which by reason of its dying, decay
or other reason, is a menace to the safety of persons using any street,
alley or sidewalk or persons occupying any premises or parcel of ground.
24.
Graffiti. For purposes of this Chapter, "graffiti" shall mean
any writing, painting, drawing, etching, scratching or marking of
an inscription, word, mark, figure or design of any type on any privately
owned building, structure or other fixture or improvement upon real
property, which is applied without the prior consent or authority
of the owner or person in lawful possession of such property.
25.
The discharge of water from a swimming pool, spa or hot tub
onto adjoining property.
26.
Discharge of water from a swimming pool into the storm sewer
system (drainage channel, storm drain inlet, or along the curb line
gutter of a paved street) with elevated chlorine levels, with pH levels
not within a range of 5.5 to 11.5, that causes erosion of the drainage
channel, or otherwise violates MSD standards.
27.
Failure to properly maintain unattended clothing donation boxes (UCDB) pursuant to Chapter
400, Article
XIX.
28.
Storage of firewood less than six (6) inches above the ground,
stored in front of the building line of the dwelling [if a dwelling
has two (2) side yards, firewood may be stored in only one (1) side
yard] or allowed to remain in front of the building line of the dwelling
more than ten (10) days following the delivery of firewood.
29.
Placement of signs on public utility poles, on trees in the
public streets, and in the rights-of-way generally; provided, however,
that nothing herein shall prevent the posting of signs or banners
by the City of Overland or its authorized representative.
B. Unlawful To Cause, Maintain Within One-Half (1/2) Mile Of City. No person shall cause, permit or maintain a nuisance, as defined by Missouri Statutes or City ordinances, within the City of Overland or within one-half (1/2) mile thereof as prescribed by Section 71.780, RSMo. No person shall fail or refuse to abate or remove a nuisance within the time required by the City Administrator as specified in Section
225.005(D) of this Article. Each day that a nuisance shall be maintained constitutes 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 Administrator or
his/her designee shall have the authority to order the immediate abatement
of the nuisance in an appropriate manner or the immediate vacation
of the vicinity.
D. Abatement
Procedure, Generally.
1.
Notice. If the Code Compliance Coordinator or his/her designee have reason to believe that a nuisance is being maintained within the City or within one-half (1/2) mile thereof, the City may declare such property to be a public nuisance, and if so declared, the Director of Community Development or his/her designee shall notify the owner(s), and if such property is not owner-occupied, any occupant of the property causing, maintaining or permitting the same to forthwith remove, terminate, or abate such nuisance within a reasonable time as determined by the Director of Community Development after consideration of the nature of the nuisance and the actions necessary to remedy the situation. Such notice shall also state that upon failure to abate the condition causing the nuisance within said time period, the City shall have a hearing where all parties may be heard and present evidence as to whether the condition constitutes a nuisance. Such notices shall be given either personally, by first-class United States Mail, by United States Certified Mail return-receipt requested to the owner or owners at the last known address of the owner(s) and to the occupant of the property at the property address, if different from the owner, or by posting a copy thereof on the property involved and shall include a statement of the condition constituting such nuisance and those actions necessary to remove, terminate, or abate the same. The notice shall include a date, time, and place of the scheduled hearing no sooner than ten (10) days after such notice and include a statement that the hearing may be canceled at the City's sole discretion if the property owner abates the conditions described in the notice within the time specified in such notice; provided, however, for high grass, weeds, and rank vegetation in violation of Section
225.015 of this Chapter the hearing shall occur not less than four (4) days after such notice.
2.
Hearing. Should the owner(s) or occupancy of the property, if different, so notified fail to remove, terminate, or abate such nuisance within the time specified, the scheduled hearing shall take place. Such hearing shall be before the City Administrator or his/her designee be under oath, which shall be administered by the City Administrator, recorded, and all such parties shall have an opportunity to be heard and present evidence as to whether the condition maintained on the property constitutes a nuisance and whether the procedures of this Chapter were substantially complied with. Any party to a nuisance abatement hearing may be represented by counsel at such hearing. After hearing all evidence, if the City Administrator finds a nuisance is being maintained in violation of this Chapter, he/she may order the nuisance abated within a reasonable time, provided that where the nuisance at the property is a nuisance under Section
225.015 of this Chapter, the abatement time given shall be at least five (5) business days. The order shall be in writing specifying the grounds for the order and the time that the nuisance must be abated and either provided at the hearing or shall be served to the affected persons in accordance with Subsection
(D)(1) of this Section.
3.
Abatement. Upon failure of the person to comply with the City
Administrator's order, the City may cause the same to be promptly
removed, terminated, or abated and thereafter certify the cost of
such corrective action to the City Clerk, who shall cause a special
tax bill to be issued in that amount against the property from which
the nuisance was removed, terminated, or abated, the same to be collected
with other taxes assessed against the property. The special tax bill
from the date of its issuance shall be deemed a personal debt against
the owner and shall be a first (1st) lien against the property until
paid and shall be prima facie evidence of the recitals thereof and
of its validity. No mere clerical error or informality in such lien
or in the proceedings leading to its issuance shall be a defense thereto.
The certified costs associated with the removal, termination, or abatement
of such nuisance, shall include all expenses incurred by the City
in the removal of the nuisance, including, but not limited to, the
actual cost of inspecting the land or lot, the actual cost of service
of notice as provided herein, the actual cost of abatement, reasonable
attorneys' fees, and the actual cost of issuing and recording the
tax bill. Such tax bill shall bear interest at the rate of eight percent
(8%) per annum, or such other maximum rate as provided by law, if
not paid within thirty (30) days after issuance.
4.
Other Remedies. Nothing in this Article shall limit the right
of the City or the City Administrator to seek any other remedy allowed
by law in addition to or in lieu of the remedy specified herein.
E. Complaints.
1.
The City may make a complaint before the Municipal Judge against
any person who maintains a nuisance or fails to remove or abate a
nuisance. Any person interested in the removal or abatement of any
nuisance may make a complaint before the Municipal Judge.
2.
Following such a complaint the Municipal Judge shall summon
the owner or occupant of the property to answer the complaint. The
Municipal Judge shall have jurisdiction of the case and proceed in
all respects as in other cases of ordinance violations.
F. Civil
Action To Abate Nuisance. In addition to any other remedies or penalties
established by law, the City Administrator may, on behalf of the City
and after approval by the City Council, apply to a court of competent
jurisdiction for such legal or equitable relief as may be necessary
to require the abatement of any nuisance defined by this Article.
In such action the court may grant such legal or equitable relief,
including, but not limited to, mandatory or prohibitory injunctive
relief, as the facts may warrant. Upon the successful prosecution
of any such action, the City may be awarded by the court reasonable
attorney's fees in accordance with Section 79.383, RSMo.
G. Responsibility
Of Property Owner. Whenever any owner or agent shall rent, lease,
or hire out to be occupied any building or part thereof as a home
or residence of more than two (2) families living independently of
each other, or any building to different persons for stores or offices
in said building giving to each family or person the common right
to halls, basements, yards, toilets or urinals, or any of them, then
such owner or agent shall be liable for the condition of such halls,
basements, yards, toilets or urinals, and said owner or agent, the
same as the occupant of premises, may be charged with the violation
of any provision of this Chapter.
H. Dangerous Structures Deemed A Public Nuisance. All "dangerous buildings" as defined by Section
510.020 of the Municipal Code of the City of Overland are hereby declared to be public nuisances detrimental to the health, safety, or welfare of the residents of the City, and shall be ordered to be repaired, vacated, or demolished within a reasonable time as provided by Chapter
510 of this Code and as allowed by Section 67.400, RSMo. The provisions and procedures provided by Chapter
510 of this Code shall govern all proceedings related to "dangerous building" public nuisances. Nothing in Chapter
510, nor this Chapter
225, shall prevent the City from combining actions provided for in said respective Chapters where conditions deemed to be public nuisances upon the same property arise out of both such Chapters.
I. Renting Dangerous Buildings. No owner or agent shall, after notice from the Director of Community Development or such other City official that any building has been declared a "dangerous building" pursuant to Chapter
510, rent or lease same or any part thereof, or collect any rent therefor, until such building shall be placed in a safe and secure condition. Failure to abate said nuisance in accordance with the terms of the order by the Director of Community Development shall constitute a violation of this Chapter.
J. Removal
Of Persons From Condemned Structures. It shall be the duty of the
Police Department to remove any person from the condemned structure
and to prevent any person from entering same until such time as the
Chief of Police shall have been notified in writing by the Director
of Community Development that such structure is in a safe condition.
This provision shall not apply to persons directly employed in securing
or removing such condemned structures.