[Ord. No. 23-12, 8-15-2023; Ord. No. 23-20, 12-5-2023; Ord. No. 25-09, 10-7-2025]
A.
The following are declared to be nuisances affecting health:
1.
All decayed or unwholesome food offered for sale to the public.
2.
All pools of stagnant water or vessels holding stagnant water in which mosquitoes can breed.
3.
Carcasses of animals not buried or otherwise disposed of in a sanitary manner within twenty-four (24) hours after death.
4.
Accumulations of manure, rubbish, litter, trash, rubble, refuse, debris, paper, combustible materials, offal or waste, or matter of any kind or form which is uncared for, discarded, or abandoned, or improperly stacked building materials all of which are potential breeding places for flies, mosquitoes or other vermin.
5.
Leaking septic tanks or sewer lines or other sewage existing in an unsanitary manner and which could cause disease transmission.
6.
All buildings, walls, and other structures which have been damaged by fire, decay, or otherwise, and which endanger the health, peace and safety of the public.
7.
Any solid or industrial waste, including, but not limited to, garbage, tin cans, bottles, rubbish, refuse, trash, construction waste or demolition waste, tree trimmings, manufacturing waste or industrial waste dumped, thrown, burned, spilled or abandoned, except such waste disposed of lawfully in a land fill or incinerator.
8.
Garbage cans which do not have tight-fitting lids or which are contrary to the ordinances relating thereto.
9.
Any animal or animals kept or maintained in an unsanitary condition or surroundings.
10.
Discharge into any part of the storm drainage system of any:
a.
Untreated sewage, sewage solids, process wastewater, refuse, explosive or combustible liquid, solid or gas, oils, greases, industrial waste or other polluted water except where a Federal, State or local permit for connections, discharge or disposal has been obtained;
b.
Waters or wastes containing toxic or poisonous solids, liquids or gases insufficient quantity, either singly or by interaction with other wastes to constitute a hazard to humans or animals or to cause corrosion, discoloration or deposition on structures and equipment; or
c.
Any solid or viscous substances in such quantities or of such size capable of causing obstruction to the flow in the stormwater drainage system or other interference with the proper operation of the drainage system of the City of Lake Lotawana.
11.
Unlicensed dumps and licensed dumps not operated or maintained in compliance with the ordinances of the City of Lake Lotawana and the Statutes of the State of Missouri.
12.
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 Lake Lotawana.
13.
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 and as otherwise allowed under Section 205.035.
14.
The keeping of any portable trash or property storage trailer, dumpster, or other containment device, for more than thirty (30) days except for those on construction sites with a valid permit from the City for the work being performed.
B.
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 Lake Lotawana or within one-half (1/2) mile of the corporate limits of the City of Lake Lotawana, 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.
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 shall have authority to immediately abate the nuisance in an appropriate manner.
D.
Abatement.
1.
The Health Officer, Code Enforcement Officer, Chief of Police (or officers at his/her direction), or City Inspector shall investigate any reports of an alleged nuisance within the City of Lake Lotawana and if upon investigation finds that a nuisance exists, issue a notice ordering the property owner, occupant, or lessee maintaining the nuisance, to abate the nuisance within twenty-one (21) days or within such time as deemed reasonable by the Health Officer, Code Enforcement Officer, Chief of Police, or City Inspector. 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 abate the nuisance.
2.
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 Health Officer, Code Enforcement Officer, Chief of Police, or City Inspector, and that a special tax bill be issued for the costs of abating the nuisance.
3.
If the order has not been obeyed within the time period set therein, the appropriate City official shall proceed to abate the nuisance in the manner provided by the order, and the cost of same may be assessed as a special tax against the property so improved or upon which such work was done; and, if so ordered at the discretion of the City Administrator, 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.
4.
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.
5.
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.