[Ord. No. 2024-15, 6-10-2024]
For the purpose of this Chapter, the following words and terms as used herein are defined to mean the following:
JUNK
Any old iron, steel, brass, copper, tin, lead or other base metals; old cordage, ropes, rags, fibers; old rubber; old bottles or other glass; bones; wastepaper and other waste or discarded material which might be prepared to be used again in some form; and any or all of the foregoing; and motor vehicles, no longer used as such, to be used for scrap metal or stripping of parts; interior home furnishings, dilapidated or broken lawn furniture or fixtures, cut or fallen trees or shrubs.
JUNKED VEHICLE
1. 
Any machine propelled by power other than human power, designed to travel along the ground by use of wheels, treads, runners, or slides, including, but not limited to, automobiles, trucks, trailers, motorcycles, tractors, buggies, and wagons, or any part thereof, which is not registered or improperly registered as defined by the State of Missouri, Department of Revenue, Division of Motor Vehicles, and has been inoperable for more than seventy-two (72) hours, or is in such a state of disrepair as to be inoperable, except those on the premises of a duly licensed automobile repair or sales business or in a duly licensed automobile junking yard; or
2. 
Any partially dismantled, non-operative, wrecked, discarded, unlicensed, unregistered, improperly licensed, or improperly registered boat, trailer, camper trailer, or recreational vehicle; or
3. 
Vehicles not considered damaged or inoperable under this definition include any vehicle that is in the process of restoration that is properly secured, does not create a public health or safety hazard, and is located in the rear yard or in the side yard if covered by weather-resistant cover.
OWNER
1. 
The owner, occupant, corporation, firm, lessee, mortgagee, agent and all other persons having an interest in the building, structure or property where the nuisance is located; or
2. 
The owner as shown by the land records of the County Assessor for the appropriate county that such building, structure or property has been found to be a nuisance; or
3. 
If the nuisance is a junked vehicle, the owner shall also include the person(s) registered with the Missouri Department of Revenue as the owner(s), unless the Village of Sunrise Beach or their duly authorized agent has knowledge of some other person who is claimed to be the owner, in which case such putative owner shall be considered the owner in addition to the registered owner.
[Ord. No. 2024-15, 6-10-2024]
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.
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 semipublic 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 the Village of Sunrise Beach.
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 and all infestations of flies, fleas, roaches, lice, ticks, rats, mice, fly maggots, mosquito larvae and hookworm larvae.
13. 
The keeping of animals and fowls in any area within the Village not zoned for agricultural uses except pet cats and dogs, animals in public or licensed zoos, and farm animals in laboratories.
14. 
Unlicensed dumps and licensed dumps not operated or maintained in compliance with the ordinances of the Village of Sunrise Beach and the Statutes of the State of Missouri.
15. 
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 interfering with the proper operation of the system or which will pollute the natural creeks or waterways.
16. 
Any vehicle, junked vehicle, or junk or part thereof located on any property, street or highway which unlawfully interferes with, obstructs or tends to obstruct or renders dangerous for passage any public or private street, highway, sidewalk, stream, ditch or drainage, or harbors tall grass, weeds or other vegetation, or creates a fire hazard or affords a breeding place or nesting place for mosquitoes, flies, rodents, rats or other vermin; or any vehicle, part thereof, for seventy-two (72) hours, is a public nuisance.
17. 
All substances which emit or cause any foul, noxious, unhealthy odor or effluvia in the neighborhood where they exist or establishments emitting or causing noxious or toxic dust, vapor, fume, smoke, mist or odor. To include all weeds, brush, and other rank vegetation over twelve (12) inches in height.
18. 
All ashes, cinders, slops, filth, human or animal excrement, sawdust, stones, rocks, dirt, straw, soot, sticks, shavings, eggshells, oyster shells or cans, dust, brush, logs, paper, trash, rubbish, manure, refuse, offal, wastewater, chamber lye, fish, putrid meat, entrails, decayed fruit or vegetables, broken ware, rags, iron or other metal, old-wearing apparel, all animal or vegetable matter, all dead animals or any other discarded object, substance or thing thrown, left, deposited or caused to be left, thrown or deposited by anyone in or upon any street, sidewalk, park, public square, public enclosure, lot, vacant or occupied, stream or waterway, lake, pond or pool of water.
19. 
Any business or enterprise that causes or produces any noises, vibrations, smoke, dust, dirt, odors or gases to such an extent as to be detrimental or injurious to the comfort, peace or health of other persons, that was located and conducted within one hundred fifty (150) feet of any building used exclusively for residence purposes at the time of the location of such business or enterprise.
20. 
Any putrid or unwholesome meats or fish, decayed fruits or vegetables, refuse, offal, human or animal excrement, chamber lye, or other filthy or offensive substance or thing.
21. 
The operating of a rock crushing machine within three hundred (300) feet of any occupied residence or dwelling.
22. 
Any building or structure which in any way interferes with or impedes the flow of water in any lake, natural watercourse or stream.
23. 
The discharge or placing of any offal, debris or refuse, whether animal, vegetable or other matter, within any stream, river, dry creek or any tributary thereof.
24. 
All ponds or pools of stagnant water and all foul or dirty water or liquid when discharged through any drain, pipe or spout or thrown into or upon any street, public place or lot to the injury or detriment of the public.
25. 
Any building, shed or fence or other manmade structure which, because of its condition or because of lack of doors and/or windows, is open to trespassers or to the elements.
26. 
Any junk, unsheltered storage of old, unused, stripped, junked machinery, implements and/or equipment or personal property of any kind which is no longer safely usable for the purpose for which it was manufactured for a period of thirty (30) days or more (except in licensed junk yards) within the corporate limits of the Village is hereby declared to be a nuisance and dangerous to the public safety and prohibited. This shall include, but is not limited to, the keeping or the depositing on or the scattering over the premises of any of the following:
a. 
Lumber, junk, trash or debris;
b. 
Abandoned, discarded or unused objects or equipment, such as freezers, stoves, refrigerators, cans, containers, bottles or rubbish.
27. 
Dead trees and dead limbs of trees so located that the falling thereof would endanger the safety of persons using any public or private sidewalks in the Village or endanger the safety of any pedestrian or occupant of any motor vehicle traveling upon any public street.
28. 
Tree limbs and branches which overhang any public or private sidewalk or public street of such height above the sidewalk or street as shall impede and interfere with the use of said sidewalk by any person or impede and interfere with the use of said street by a pedestrian or the operator of any motor vehicle or shall endanger the safety of any person using any public sidewalk or endanger the safety of any pedestrian or occupant of any motor vehicle traveling upon any public street.
29. 
Depositing any material, including, but not limited to, leaves, grass, tree limbs, building materials and tires, in or upon any street, highway, alley, stream, ditch, storm sewer, sanitary sewer or other public facility.
30. 
Any building or other structure which is in such a dilapidated condition that it is unfit for human habitation or kept in such an unsanitary condition that it is a menace to the health of people residing in or in the vicinity thereof or presents a more than ordinarily dangerous fire hazard in the vicinity where it is located. This is to include, but not be limited to, mold, asbestos, lead and sewage.
31. 
The pollution of any public well or cistern, stream, lake, canal or body of water by sewage, dead animals, creamery, industrial wastes or other substances.
32. 
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 Village of Sunrise Beach.
[Ord. No. 2024-15, 6-10-2024]
A. 
Abatement Of Nuisance — Abatement Officer. Whenever the Abatement Officer for the Village shall ascertain or have knowledge that a nuisance exists on any premises in the Village, 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 fifteen (15) 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.
B. 
Notice. The Abatement 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:
1. 
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.
2. 
Mailing a copy to such person at such place or address by United States certified mail, return receipt.
3. 
If service of such written notice is unable to be perfected by any of the methods described above, the Abatement Officer shall direct the Village Clerk to cause a copy of the aforesaid notice to be published in a newspaper of general circulation in the county where the Village is located, 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 Abatement Officer shall cause a copy of the notice to be posted at such structure, location or premises. The Abatement 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 United States mail, return receipt.
4. 
The aforesaid notice to the owners and lienholder, if any, of the property shall state clearly and concisely:
a. 
The street address or legal description of the property;
b. 
A description of the condition or conditions alleged to constitute a public nuisance.
C. 
Tax Bill. The Village Clerk 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 Village 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.
[Ord. No. 2024-15, 6-10-2024]
Whenever it becomes necessary to abate a nuisance immediately in order to secure the general health, welfare or safety of the Village or any of its inhabitants, the Village is authorized to abate such nuisance without notice and may use any suitable means or assistance for that purpose, whether by employees of the Village or laborers especially employed for that purpose, or any other help or assistance necessary therefor.
[Ord. No. 2024-15, 6-10-2024]
A. 
In addition to any other remedy available to the Village to cause the abatement of a nuisance, any Police Officer, or other Village official authorized to do so, may issue a citation and summons to appear in the Municipal Court for violation of this Article.
B. 
Municipal Court May Order Abatement — Cost Of Abatement By The Village, 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 Municipal Court 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 Judge of the Municipal 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 Village 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 Village 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.
[Ord. No. 2024-15, 6-10-2024]
Any person or contractor employed by or under contract with the Village 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, Abatement Officer or any officer, agent or employee of the Village or with any representative of the Village engaged in the abatement of any nuisance pursuant to an order of the Municipal Judge or any summary abatement as described above.
[Ord. No. 2024-15, 6-10-2024]
In case the Municipal Judge shall determine that abatement of any alleged nuisance is not immediately necessary for the protection of the health of the inhabitants of the Village, he/she may instead of entering a finding remand the matter to the Board of Trustees and the Village 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 Trustees 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 Trustees in such order, the matter may again be presented for prosecution before the Municipal Court for determination.
[Ord. No. 2024-15, 6-10-2024]
A. 
Court Suit Authorized. Nothing in this Section shall be construed as abandoning or limiting the Village's right to bring suit for all expenses attending the abatement of a nuisance, when performed by the Village, in any court of competent jurisdiction in the name of the Village against the person maintaining, keeping, creating or refusing to abate the nuisance so abated.
B. 
In addition to any other remedy available at law or under this Article, the Village of Sunrise Beach shall have the right to file and prosecute a civil cause of action for abatement of any nuisance as defined in this Article, and upon successful prosecution of such cause of action, the Village of Sunrise Beach shall have the right to be awarded and recover from any defendant to such an action the Village of Sunrise Beach's legal costs incurred and reasonable attorney's fees incurred in connection with any and all such civil causes of action to abate any such nuisances, in accordance with Section 79.383, RSMo., as amended from time to time.
[Ord. No. 2024-17, 7-8-2024]
A. 
It is the duty of every property owner to keep the sidewalks, curbs, gutters, culverts, and driveway entrances adjacent to his or her property and in the Village in good repair at all times and free from irregularities and offsets in the surface thereof that may render the same unsafe for use or which may create a hazard to pedestrians or vehicles.
B. 
Every property owner shall keep the grass or other vegetation in the right-of-way adjacent to his or her property mowed in compliance with the maximum height provided in the Village Code. The property owner shall also keep any culverts or ditches in the right-of-way mowed and maintained in the same manner.
C. 
No property owner shall plant or permit any tree or woody shrub in the right-of-way. The maintenance, care, and removal of any such tree or woody shrub in the right-of-way shall be the sole responsibility of the adjoining property owner.
D. 
Every property owner shall keep the right-of-way adjoining his or her property free from litter.
E. 
For the purposes of this Article, the term "right-of-way" shall mean the Village right-of-way from the edge of the paved portion of the street parallel to a property owner's property line to the property owner's property line.
F. 
Violation of this Section shall be a municipal ordinance violation punishable by a fine of not more than five hundred dollars ($500.00) and/or imprisonment not to exceed ninety (90) days. Each violation shall also be considered a nuisance.
[Ord. No. 2024-17, 7-8-2024]
A. 
Every culvert and ditch shall be kept clear of any obstructions that might interfere with the flow of drainage water, and it shall be the obligation of the property owner to inspect and maintain the culverts and ditches.
B. 
If a culvert or ditch has an obstruction of any form that interferes with the flow of drainage water and the property owner does not correct the problem within thirty (30) days after notification from the street superintendent of the owner's duty to remedy such obstruction, then the Street Superintendent shall have the authority to enter onto the right-of-way adjacent to such owner's land and use any suitable means necessary to restore the adequate flow of drainage water through such culvert.
C. 
Within thirty (30) days of receipt of an invoice for the actual cost of clearing such obstruction, the owner shall pay to the Village its cost incurred in remedying such obstruction, and if the same is not timely paid, the Board of Trustees may, by ordinance, levy such cost as a special tax bill against the property on which such culvert is located, or that is adjacent to such culvert, which tax shall be collected like other special tax bills and which shall constitute a first lien on the property until paid.
[Ord. No. 2024-16, 6-10-2024]
For the purpose of this Article, the following words and terms as used herein are defined to mean the following:
AUTOMOTIVE DEALER
An establishment catering to the public with a primary purpose of selling or leasing motor vehicles, and which has a dealer's license from the State of Missouri.
JUNKED VEHICLE
1. 
Any vehicle damaged or inoperable which is parked within the Village limits which is not registered or is improperly registered as defined by the State of Missouri, Department of Revenue, Division of Motor Vehicle, has been inoperable for more than seventy-two (72) hours, or is in such a state of repair as to be inoperable, except those on the premises of a duly licensed automobile repairs or sales business; or
2. 
Any partially dismantled, non-operative, wrecked, discarded, unlicensed, unregistered, improperly licensed, or improperly registered boat, trailer, camper trailer, or recreational vehicle.
VEHICLE REPAIR SHOP
An establishment catering to the general public with a valid business license that has as its primary purpose the repair or sale of motor vehicles.
[Ord. No. 2024-16, 6-10-2024]
A. 
Storage of unlicensed or inoperable motor vehicles by vehicle repair shops or automotive dealers shall not be considered a nuisance so long as no unlicensed or inoperable motor vehicle is stored outdoors and viewable from the public right-of-way for more than ninety (90) days.
B. 
A junked vehicle may be stored at an automotive dealership may be stored for a period of time not to exceed one hundred eighty (180) days so long as the vehicle is being offered for sale and that is clear to a reasonable person viewing the vehicle. This Section shall not apply to vehicles which are operable and properly licensed and registered.