[Former Ch. 215, Nuisances, containing Sections 215.010 through 215.020 ,was repealed 6-9-2025 by Ord. No. 2661.]
Cross References: As to dangerous buildings as a nuisance, Ch. 505; as to prostitution houses deemed a nuisance, § 210.1390.
[Ord. No. 2661, 6-9-2025]
BOARD OF ALDERMEN
The Board of Aldermen of the City of Waverly, Missouri, which shall include any authorized representative of the Board of Aldermen.
CODES ENFORCEMENT OFFICER
The Chief of Police, their duly authorized representative, a qualified individual appointed by the Board of Aldermen who shall be an employee of the City or an independent contractor for the purpose of enforcing the City's Code. The Codes Enforcement Officer shall be authorized to write citations for violations of the nuisance ordinance.
1. 
Citations issued by the Chief of Codes Enforcement Officer shall be forwarded, along with a probable cause statement, to the City Prosecutor who shall file the same in the Municipal Court when warranted.
ILLUSTRATIVE ENUMERATION
The maintaining, using, placing, depositing, leaving or permitting to be or remain on any public or private property of any of the following items, conditions or actions are hereby declared to be and constitute a nuisance; provided, however, this enumeration shall not be deemed or construed to be conclusive, limiting or restrictive:
1. 
Weed cuttings.
2. 
Cut and fallen trees and shrubs.
3. 
Lumber not piled or stacked twelve (12) inches off the ground.
4. 
Noxious weeds, grass, and other rank vegetation over seven (7) inches in height.
5. 
Accumulation of rubbish, trash, refuse, junk and other abandoned materials, metals, lumber or other things.
6. 
Any condition which provides harborage for rats, mice, snakes and other vermin.
7. 
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 the vicinity thereof, or presents a more than ordinarily dangerous fire hazard in the vicinity where it is located. For abatement and enforcement of such, please refer to the City's Dangerous Building Code in Chapter 505.
8. 
All unnecessary or unauthorized noises and annoying vibrations, including animal noises.
9. 
All disagreeable or obnoxious odors and stenches, as well as the conditions, substances or other causes which give rise to the emission or generation of such odors and stenches.
10. 
The carcasses of animals or fowl not disposed of within a reasonable time after death.
11. 
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.
12. 
Any building, structure or other place or location where any activity which is in violation of local, State or Federal law is conducted, performed or maintained.
13. 
Any accumulation of stagnant water permitted or maintained on any lot or piece of ground.
14. 
Dense smoke, noxious fumes, gas, soot, dust or cinders, in unreasonable quantities.
15. 
Dead trees and dead limbs of trees so located that the falling thereof would endanger the safety of persons using any public sidewalks in the City, or endanger the safety of any pedestrian or occupant of any motor vehicle traveling upon any public street.
16. 
Tree limbs and branches which overhang any public 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.
17. 
Any trash or debris inhibiting or preventing the flow of the water in a ditch is a public nuisance.
18. 
Junked motor vehicles: Junked motor vehicles can be any of the following:
a. 
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 with the state which 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 repair or sales business or in a duly licensed automobile junking yard. Any damaged or disabled vehicle, part thereof, or junk located on any property, street or highway which presents a hazard or affords a breeding place or nesting place for mosquitoes, flies, rodents, rats, or other vermin, or any vehicle, part thereof, or junk allowed to remain unmoved on any street or highway for seventy-two (72) hours is a public nuisance.
b. 
Inoperable vehicles: any inoperable vehicle stored or being repaired (other than in closed garages) for more than seventy-two (72) hours is a public nuisance.
MAYOR
The Mayor of the City of Waverly, Missouri, which shall include the Mayor Pro Tem and any designee of the Mayor.
NUISANCE
For the purposes of this division, the term "nuisance" is defined, when not otherwise defined, as an unlawful act, or omitting to perform a duty, or suffering or permitting any condition or thing to be or exist, which act, omission, condition or thing either:
1. 
Injures or endangers the comfort, repose, health or safety of others; or
2. 
Offends decency; or
3. 
Is offensive to the senses; or
4. 
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
5. 
In any way renders other persons insecure in life or the use of property; or
6. 
Essentially interferes with the comfortable enjoyment of life and property, or tends to depreciate the value of the property of others; or
7. 
Any property which is in violation of this Chapter.
[Ord. No. 2661, 6-9-2025]
No person shall permit, cause, keep, maintain, suffer, or do any nuisance or contribute to the same as defined in this Section or in any other Section of the City Code.
[Ord. No. 2661, 6-9-2025]
A. 
Notice To Owner.
1. 
Whenever the Board of Aldermen, its duly authorized representative, the Chief of Police, or the Codes Enforcement Officer, determines that a nuisance exists upon any property within the City limits, they shall cause written notice to be served upon the owner of the property.
2. 
Contents Of Notice. All notices to abate a nuisance issued under the provisions of this Chapter shall contain the following:
a. 
Date of notice.
b. 
Full description of what constitutes the nuisance, and the location of the nuisance if the same is stationary.
c. 
A statement of acts necessary to abate the nuisance.
d. 
An order to remove the nuisance, notice of procedures to request a hearing, and at least ten (10) days to either remove the nuisance or request a hearing.
e. 
A statement of notice that if the nuisance is not abated as directed and no request for hearing is made within the prescribed time, the City has the authority to abate such nuisance and assess the costs thereof against such person as outlined in this Chapter.
f. 
If the nuisance is a junked motor vehicle then the notice shall also include a description of the vehicle in question, a statement that the vehicle has been found to be a junked motor vehicle, a declaration that if the owner fails to abate the nuisance within ten (10) days, the City will abate the nuisance at the owner's expense and a statement that the City may abate the nuisance by towing the vehicle or otherwise.
3. 
Service Of Notice. Notice to abate a nuisance shall be served on all owners.
a. 
Owner. For the purposes of this Chapter, owner shall be determined to be:
(1) 
Any owner of record as determined from a search of the Lafayette County Recorder of Deeds, any occupant, or any lessee.
(2) 
If the nuisance is a junked motor vehicle, the owner of the vehicle shall also include the person(s) registered with the Missouri Department of Revenue as the owner(s), unless the Board of Aldermen has knowledge of some other person who is claimed to be the owner, in which case such putative owner shall be given notice as provided above in addition to the registered owner.
b. 
Method Of Service. Service may be accomplished by utilizing at least one (1) of the following methods:
(1) 
By both posting notice in a conspicuous place on the property upon which the nuisance is located and mailing notice to the owner by certified mail, return receipt requested.
(2) 
If nuisance concerns a junked motor vehicle, then by posting notice in a conspicuous place on the automobile and mailing notice to all owners of record by the Missouri Department of Revenue and the owner of the property on which the vehicle is.
(3) 
If service does not or cannot be successfully completed by the above two (2) modes of service, then service may be had by publication in a newspaper of general circulation that is published in Lafayette County, Missouri, or an adjacent county for at least one (1) week. If such notice is published, no further action shall be taken until at least ten (10) days from the date of the final publication and all deadlines and hearing requests shall be altered accordingly.
B. 
Entry Onto Private Property.
1. 
The Board of Aldermen, its duly authorized representative, the Chief of Police, or their duly authorized representative, the Codes Enforcement Officer, or their duly authorized representative, or any independent contractor or other City staff for the purposes of abating the nuisance as provided in this Chapter, may enter upon private property for inspection of or for the purpose of removing any vehicle or junk in accordance with this Chapter. If the owner refuses to allow entry onto their private property, the City Attorney for the City of Waverly, Missouri, may make application to the Judge of the Circuit Court for an administrative search warrant, and proceed in accordance therewith.
[Ord. No. 2661, 6-9-2025]
A. 
No person owning, leasing, occupying, or having charge of any premises shall maintain or keep any nuisance thereon, as defined in this Chapter above, nor shall any such person keep or maintain such premises in a manner causing substantial diminution in value of other property in the neighborhood in which such premises are located. It shall be the landlord's responsibility to take whatever actions are necessary to prevent a tenant from maintaining a nuisance on any premises. Premises include that property which adjoins a public right-of-way, including the ditch or easement or the tree, lawn or grassy area. The adjoining property owner is responsible for mowing this area.
B. 
Whenever private property abuts a public right-of-way or easement belonging to the City or any public entity, and there exists in such right-of-way or easement a tree lawn or grassy area between the private property line and the midline of said right-of-way or easement, then such tree lawn or grassy area shall be considered, for purposes of this Section requiring cutting of grass and weeds, as well as the maintenance of drainage ditches, to be a part of the private lot which abuts the right-of-way or easement, and it shall be the duty of those responsible under this Chapter for the maintenance of the private lot to equally maintain the tree lawn or grassy area within the abutting right-of-way or easement.
[Ord. No. 2661, 6-9-2025]
A. 
In addition to the notice, hearing, and abatement administrative process provided for in this Chapter, the Chief of Police or Codes Enforcement Officer for the City may issue municipal citations to property owners who maintain any nuisance conditions on their property.
B. 
Upon a finding of guilt or a plea of guilty, any person found guilty of creating or maintaining a nuisance under any provision of this Chapter or any other City ordinance, shall be assessed a fine not to exceed the following amounts:
1. 
First violation: two hundred dollars ($200.00) including court costs;
2. 
Second violation: two hundred fifty dollars ($250.00) including court costs;
3. 
Third violation: three hundred fifty dollars ($350.00) including court costs;
4. 
Fourth and subsequent violations: four hundred fifty dollars ($450.00) including costs.
C. 
Each day any violation of this Chapter shall continue shall constitute a separate offense.
[Ord. No. 2661, 6-9-2025]
A. 
Upon the failure of the person upon whom notice to abate a nuisance was served pursuant to the provisions of this Chapter to abate the same, a duly designated agent or employee of the City shall proceed to abate such nuisance and shall prepare a statement of costs incurred in the abatement thereof.
B. 
Where a City official is obligated to abate a junked motor vehicle, it may in addition to any other remedy available to it, have the vehicle towed.
C. 
If an official of the City causes such condition to be removed or abated, the cost of such removal shall be certified to the City 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 City Collector or by the 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 governed by the laws governing delinquent and back taxes. The tax bill, from the date of its issuance, shall be deemed to be a personal debt against the owner and against the occupant of the premises and shall also be a lien on the property until paid.
[Ord. No. 2661, 6-9-2025]
A. 
The cost of having the City mow any noncity property for non-compliance of this Chapter of the shall be one hundred dollars ($100.00) per acre, per mowing. This cost shall be in addition to any fine accrued under Section 215.050 of this Chapter.
B. 
Failure to pay shall cause a special tax assessment to be added to the real estate taxes for the property.
[Ord. No. 2661, 6-9-2025]
Tax bills issued under the Section shall be prima facie evidence of the validity of the bill, the doing of the work and the liability of the property for the damages stated in the bill and shall be collected if default should occur by suit brought in a court of competent jurisdiction by the City Attorney on behalf of the City. Judgment in any such suit shall be special and against the property only and shall be satisfied by sale of the property or so much thereof as is necessary to satisfy the judgment and the costs of the sale.
[Ord. No. 2661, 6-9-2025]
A. 
Right To Request A Hearing. If a property owner or person receiving notice of the nuisance determination does not agree with said determination, they may request a hearing within ten (10) days of the date of the notice. The request must be in writing and must be received by the City Clerk within ten (10) days of the date of the notice.
B. 
Form Of Request. The request for a hearing shall be in writing and contain at least the name of the person requesting the notice, their mailing address, their phone number (if any), a statement that they request a hearing on the determination of a nuisance and the location of the property where the nuisance exists.
C. 
Mayor's Right To Set A Hearing. The Mayor, the City Clerk or their designee, may at their discretion order that a hearing date be scheduled and placed into the notice to the owner without receipt of a written request.
D. 
Waiver Of Request. If the Mayor, City Clerk or their designee doesn't set a hearing date on the notice and a request for a hearing is not received by the City Clerk from the property owner within ten (10) days, the right to a hearing shall be deemed to be waived. Nothing in this Section shall preclude the Mayor, or their designee from holding a hearing if they deem the same necessary.
E. 
When Request Is Received. If the City Clerk receives a request for hearing within the prescribed time, the Mayor or their designee shall call and conduct a hearing in accordance with the procedure prescribed by this Chapter.
[Ord. No. 2661, 6-9-2025]
A. 
If a hearing is called by the Mayor, City Clerk, or requested by the owner, then the following procedure shall be followed:
1. 
The Mayor or their designee shall preside over this hearing.
2. 
The Board of Aldermen shall consider the evidence and issue an order in accordance with the procedures of this Chapter.
3. 
The owner or person requesting a hearing shall have an opportunity to be heard and shall be served notice of the hearing (personally or by certified mail, return receipt requested; if those methods fail, service may be had by publication) allowing at least ten (10) days written notice. The notice shall include the date, time and place of the hearing.
4. 
Any party may be represented by counsel and have the right to present evidence.
5. 
In the event that any or all of the parties fail to appear at the hearing, the evidence of the existence of facts which constitute grounds alleged in the notice shall be considered unrebutted.
6. 
The technical rules of evidence shall not apply in the hearing. Any relevant evidence may be admitted and considered by the Board of Aldermen if it is the sort of evidence of which responsible persons are accustomed to rely in the conduct of serious affairs. Objections to evidence shall be noted and a ruling given by the Mayor or their designee.
7. 
All testimony shall be under oath, which may be administered by the City Clerk or a notary public. The Mayor or their designee shall cause all hearings to be electronically recorded. If a hearing is not recorded or if the recording equipment fails, the Board of Aldermen, in its discretion, may order a new hearing or recreate the record from exhibits admitted in to evidence and the notes of the Board of Aldermen.
8. 
The hearing shall proceed in the following manner: The City will give opening remarks first, followed by any opening remarks by the owner. The City will then be allowed to present its evidence. Witnesses called by the City will be directly examined with an opportunity for the owner to cross-examine, followed by an opportunity for the City to re-direct. Once the City's case is presented, the owner will have an opportunity to present his or her case. The same procedure for questioning witnesses will be followed. Then the City will have an opportunity for rebuttal, if it so chooses. Finally, the City and the property owner will have an opportunity to make closing remarks in that respective order.
[Ord. No. 2661, 6-9-2025]
Within thirty (30) days from the date of the hearing, the Board of Aldermen shall, upon the basis of competent and substantial evidence offered at the hearing, make a finding of fact conclusion of law as to whether a nuisance exists on the property under the terms of this Chapter. If the property is determined to have nuisance conditions pursuant to this Chapter, then the Board of Aldermen shall make a finding as to whether the procedures required by this Chapter have been substantially met and complied with. If the Board determines that the procedures required by this Chapter have been substantially met then it shall order the owner to abate said nuisance within thirty (30) days of the City's issuance of the Board's order, findings of fact, and conclusions of law to the owner. If the Board of Aldermen finds that the nuisance doesn't exist on the property or that the procedures of this Chapter have not been substantially met and complied with, the proceedings against the owner shall be dismissed.
[Ord. No. 2661, 6-9-2025]
The City shall cause a written copy the Board of Aldermen's findings of fact and conclusions of law and their order to be distributed to each owner or party to the hearing (or their attorneys if they are represented) via personal service, certified mail, return receipt requested or publication notice. Furthermore, the City Clerk shall post copies of the order, findings of fact and conclusions of law in a conspicuous place in City Hall for a period of thirty (30) days from the date of issuance of. Finally, this notice shall provide that if the nuisance is not abated within thirty (30) days, the City shall cause the work to be done by the City and its own crew or by contractors employed by the City for that purpose.
[Ord. No. 2661, 6-9-2025]
If, following a duly held administrative proceeding for the determination of a nuisance, the owner or party to the proceeding has failed to abate the declared nuisance within thirty (30) days of receipt of the Board's order, findings of fact, and conclusions of law, the City, through its employees or contractors, shall cause the nuisance condition subject to the proceedings to be abated, the cost of which abatement shall be certified by the City Clerk or other officer in charge of finance. The City Clerk, or other officer in charge of finance, shall then 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 City Collector or by the 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 governed by the laws governing delinquent and back taxes. The tax bill, from the date of its issuance, shall be deemed to be a personal debt against the owner and shall be a lien on the property until paid.
[Ord. No. 2661, 6-9-2025]
Any owner, occupant, lessee, mortgagee, agent or other person having a property interest in the nuisance property may appeal from the order and determination of the Board of Aldermen made under the provisions of this Section. The appeal shall be to the Circuit Court of Lafayette County, or at the option of the appellant, the Circuit Court of Cole County as established in Chapter 536, RSMo.
[Ord. No. 2661, 6-9-2025]
In all cases where it reasonably appears that an immediate danger to the health, safety or welfare of any person exists, the Chief of Police or Codes Enforcement Officer may take emergency measures to vacate, repair, remove or demolish the public nuisance found under the provisions of this Chapter including but not limited to buildings or structures.