[1]
Editor's Note: Former Article II, Weeds, High Grass or Other Vegetation, and Article III, Hazard Structures, were superseded by Ord. No. 25-15, 10-18-2025. Prior history includes: Ord. No. 1330.
[Ord. No. 25-15, 10-18-2025]
The Board of Trustees of the Village of Oak Grove, Missouri ("Village"), finds that unsafe and otherwise improperly maintained structures within the Village, in addition to the obvious hazards which these conditions pose to the public health, safety and welfare, adversely affect the value, utility and habitability of property within the Village as a whole and specifically cause substantial damage to adjoining nearby property. A property which is merely unkept may reduce the value of adjoining property by more than thirty percent (30%), and if there are sufficient properties which are unkept, unsightly and dangerous, the habitability and economic well-being of the Village are materially and adversely affected.
[Ord. No. 25-15, 10-18-2025]
For the purposes of this Chapter, certain terms used herein are defined as set forth in this Section and Section 215.040. All words in the present tense include the future tense; the plural number includes the singular, and all words in the singular include the plural unless the natural construction of the sentence indicates otherwise.
ABANDONED
Any real property which is unattended and either open or unsecured so that admittance may be gained without damaging any portion of the property, or which evidences that no person is presently in possession, e.g., disconnected utilities, accumulated debris, uncleanliness, disrepair and, in the case of chattels, location.
ABATEMENT
The removal, stoppage, prostration, or destruction of that which causes or constitutes a nuisance, whether by breaking or pulling it down, or otherwise destroying, or effacing it.
BOARDED-UP BUILDING
Any building the exterior openings of which are closed by extrinsic devices or some other manner designed or calculated to be permanent, giving to the building the appearance of non-occupancy or non-use for an indefinite period of time.
BUILDING
Any dwelling, structure or mobile home, factory-built house, or part thereof, built for the support, shelter or enclosure of persons, animals, chattels or property of any kind.
HAZARD
1. 
Includes:
a. 
Abandonment or vacancy; and/or
b. 
Uncleanliness.
2. 
A listing of conditions found to constitute public nuisances is found in Section 215.050 of this Chapter.
OWNER
Any person having any interest in the real estate in question as shown upon the records of the Office of the Franklin County Assessor, or any person with legal, financial or equitable interest in the property who establishes his or her interest before the Board of Trustees. For the purpose of giving notice, the term "owner" also includes any person in physical possession.
PROPERTY
Any real property or structure.
[Ord. No. 25-15, 10-18-2025]
A. 
Determination Of Building Fitness.
1. 
In reaching a judgement that a building is unfit for human habitation, the Board of Trustees shall consider:
a. 
Dilapidation.
b. 
Disrepair.
c. 
Structural defects.
d. 
Defects increasing the hazards of fire, accidents or other calamities, such as parts standing or attached in such a manner as to be likely to fall and cause damage or injury.
2. 
If these or other conditions are found to exist to an extent dangerous or injurious to the health or safety of the building's occupants, or the occupants of neighboring buildings or of other residents of the Village, and if structural deterioration is of such a degree that vertical members lean or buckle to the extent that a plumb line passing through the center of gravity falls outside the middle third of its base, or thirty-three percent (33%) of the supporting members show damage or deterioration, or the cost of restoration exceeds sixty-six percent (66%) of the value of the building or the building has been damaged by fire or other calamity, the cost of restoration exceeds thirty-three percent (33%) of the value of the building and it has remained vacant for six (6) months or more, the Board of Trustees shall declare the building a hazard and order the abatement of the hazard in compliance with Section 215.050(C) of this Chapter.
B. 
Restoration Or Repair. An undertaking by a party in interest to restore or repair an unfit building, entered into at or prior to the determination of building fitness by the Board of Trustees, creates a presumption that the building or premises can be reasonably repaired. The Board of Trustee may then grant additional time in accordance with Section 215.070 of this Chapter. The failure to accomplish such an undertaking is grounds for the Board of Trustees to order demolition. If by reason of any of the above conditions a building is unfit but no public necessity is found for its immediate demolition, the Board of Trustees may take other action, such as causing the property to be cleaned, cleared, vacated, secured or otherwise repaired, which will promote the public health, safety or general welfare. If the Board of Trustees takes such action, the total cost of the property to be cleaned, cleared, vacated, secured or otherwise repaired shall be borne by the owner.
C. 
Substandard Buildings. In reaching a judgement that a building is a hazard, the Board of Trustees shall be guided by such factors as:
1. 
Fire hazard, including any building, device, apparatus, equipment, combustible waste or debris, or vegetation which may cause fire or explosion or provide fuel to augment the spread or intensity thereof.
D. 
Remedial Action. If these or similar conditions are found to exist, the Board of Trustees shall declare the building a hazard and order the building or premises repaired, cleaned, cleared or otherwise brought into compliance with current Village Codes or ordinances.
[Ord. No. 25-15, 10-18-2025]
A. 
Public Hazard Defined. Any fence, wall, shed, deck, house, garage, building, structure or any of the aforesaid, or any lot, land, yard, premises or location which in its entirety, or in any part thereof, by reason of its condition in which the same is found or permitted to be or remain, shall or may endanger the health, safety, life, limb or property, or cause any hurt, harm, inconvenience, discomfort, damage or injury to any one (1) or more individuals in the Village in any one (1) or more of the following particulars:
1. 
By reason of being a menace, threat and/or hazard to the general health and safety of the community.
2. 
By reason of being a fire hazard.
3. 
By reason of being unsafe for occupancy or use on, in, upon, about or around the aforesaid property.
4. 
By reason of lack of sufficient or adequate maintenance of the property, and/or being vacant, any of which depreciates the enjoyment and use of the property in the immediate vicinity to such an extent that it is harmful to the community in which such property is situated or such condition exists.
B. 
The following acts, in addition to any others in violation of Subsection (A) of this Section, are determined by the Board of Trustees as noisome, offensive, unwholesome, or dangerous to the public's health, welfare and/or safety and shall constitute a public nuisance:
1. 
All vacant, unused, or unoccupied buildings and structures within the Village which are allowed to become or remain open to entrance by unauthorized persons or the general public because of broken, missing, or open doors, windows, or other openings, so that the same may be used by persons in a manner detrimental to health and welfare of the inhabitants of the Village.
2. 
Any pit, basin, hole, or other excavation which is unguarded and dangerous to life, or has been abandoned, or is no longer used for the purpose for which it was constructed, or is maintained contrary to law.
C. 
Abatement. Within thirty (30) days after the posting and mailing of a notice to abate a nuisance, the owner or individual in possession of the affected property shall remove and abate such nuisance or show that actions for abating the nuisance have commenced. Such showing shall be made by filing a written statement or other proof of such actions with the Board of Trustees.
[Ord. No. 25-15, 10-18-2025]
A. 
Notice. The Board of Trustees shall determine all individuals, firms or corporations who, from the records in the Franklin County Recorder of Deeds' office, appear to be titled owners of the aforesaid property and immediately cause a written notice to be served on each such individual, firm or corporation by personal service or by the following method:
1. 
Mailing a copy to such owner at such place or address by United States Certified Mail return receipt and/or by posting such notice on the front entrance of such location, structure or premises.
B. 
Notice Contents. The aforesaid notice to the owners, and lienholder, if any, of the property shall state clearly and concisely:
1. 
The street address or legal description of the property;
2. 
A description of the condition or conditions alleged to constitute a public nuisance.
C. 
Responsible Party. Any person who is the record owner of the premises, location or structure at the time an order pursuant to this Article is issued and served upon him/her shall be responsible for complying with that order and liable for any costs incurred by the Village therewith, notwithstanding the fact that he/she conveys his/her interest in the property to another after such order was issued and served.
[Ord. No. 25-15, 10-18-2025]
A. 
Time Allowance. The responsible party shall have ninety (90) days to comply with this Article.
B. 
Additional Time. The Board of Trustees, upon written application by the owner at any time within the thirty-day period after notice has been served, may grant additional time for the owner to effect the abatement of the public nuisance, provided that such extension is limited to a specific time period.
C. 
Penalty Of Violation. Shall the abatement not be completed within the time allowed, the owner or responsible party shall be charged ten dollars ($10.00) per day for each day after the thirty-day allowed period.
[Ord. No. 25-15, 10-18-2025]
A. 
No person shall abandon or permit the abandonment on public or private property within the Village any motor vehicle owned by him/her, under his/her control or in his/her possession at the time of abandonment, nor, except as provided herein, cause any abandoned vehicle or motor vehicle in a state of substantial disrepair to be stored in the open.
B. 
Nothing in this Section shall apply to a vehicle which is completely enclosed within a locked building or locked fenced area and not visible from adjacent public or private property, nor to any vehicle upon the property of a business licensed as salvage, swap, junk dealer, towing or storage facility so long as the business is operated in compliance with its business license and the property is in compliance with applicable zoning ordinances.
[Ord. No. 25-15, 10-18-2025]
No person shall leave on any street or highway within the Village any partially dismantled, non-operating, wrecked or junked motor vehicle or any motor vehicle not displaying a permanent license plate or set of plates indicating current registration by one (1) of the States or territories.
[Ord. No. 25-15, 10-18-2025]
A. 
No person in charge or control of any property within the Village, whether as owner, tenant, occupant, lessee, agent or otherwise, shall allow any vehicle without having thereon displayed a current State license plate or a historic motor vehicle license plate, as by law provided, or any abandoned vehicle or any vehicle in such a state of disrepair that it is unsightly or incapable of being moved under its own power to remain on such property longer than seven (7) days.
B. 
However, no person in charge or control of any property within the Village, whether as owner, tenant, occupant, lessee, agent or otherwise, shall allow any vehicle without having thereon displayed a current State license plate or a historic motor vehicle license plate, as by law provided, or any abandoned vehicle or any vehicle in such a state of disrepair that it is unsightly or incapable of being moved under its own power to remain on any unpaved surface in front of the front building line of such property longer than twenty-four (24) hours. Such vehicle shall be required to be removed or be stored in a garage after twenty-four (24) hours.
[Ord. No. 25-15, 10-18-2025]
Any person in charge or control of any property within the Village, whether as owner, tenant, occupant, lessee, agent or otherwise, who finds an abandoned vehicle or any partially dismantled, non-operating, wrecked or junked motor vehicle left on such property without his/her knowledge, acquiescence or consent, where the owner of the vehicle has failed or refused to remove the same or the owner of the vehicle is unknown, shall promptly notify the Police of the year, model and make of such vehicle and, if known or ascertainable, the registration, license, serial number and ownership thereof with such further and additional information as the Police may request.
[Ord. No. 25-15, 10-18-2025]
A. 
Where any motor vehicle, as is referred to in Section 215.100, is in such condition that it is no longer self-propelled, then the person in charge or control, whether as owner, tenant, occupant, lessee, agent or otherwise, of property on which such motor vehicle is situated shall remove and dispose of such motor vehicle through a private contractor by private means.
B. 
Where the person in charge or control of the property, whether as owner, tenant, occupant, lessee, agent or otherwise, after ten (10) days of having been given written notice has failed to remove such motor vehicle, then the Police are authorized to arrange for prompt removal on behalf of the Village; but such action by the Police shall not provide a defense or excuse to the person in charge or control of such property for failure to comply with this Chapter.
C. 
The person in charge or control of such property shall pay and be jointly and severally liable for all costs incurred by the Village in effecting such removal. In the event that payment is not made on demand, such costs shall be assessed against property on which such motor vehicle was located, as provided by law in the case of special assessments, and such costs are to be collected by the Franklin County Collector of taxes assessed against the property; and such costs shall, like taxes, be a first (1st) lien on the property affected thereby, until paid.
[Ord. No. 25-15, 10-18-2025]
Any person in charge or control, whether as owner, tenant, occupant, lessee, agent or otherwise, of property on which an abandoned vehicle or a partially dismantled, non-operating, wrecked or junked motor vehicle shall be situated who fails to remove such motor vehicle in accordance with the request made by the Police shall not deny access to such property by any duly authorized agent of the Village for the purpose of examining or removing such vehicle.
[Ord. No. 25-15, 10-18-2025]
Where the existence of a motor vehicle on public property, private property or on a street or highway shall be an immediate hazard and thereby constitute a nuisance requiring prompt abatement, the Police may without notice, if notice is infeasible, cause the same to be removed and the Police shall thereupon notify the owner or owners of such motor vehicle if known, by certified mail, of the location thereof and of the right of such owner to secure return of possession of the motor vehicle upon payment of the cost of removal and storage. Nothing herein shall be construed to provide the owner with a defense against any Sections of this Chapter.
[Ord. No. 25-15, 10-18-2025]
A. 
Nothing in this Chapter shall be deemed to prohibit the storage of abandoned vehicles in disrepair in designated tow-away areas approved by resolution of the Board of Trustees.
B. 
Nothing in this Chapter shall be deemed to prohibit the storage of motor vehicles not displaying a permanent license plate or set of plates indicating current registration by one (1) of the United States by a motor vehicle dealer registered as such by the Department of Revenue of the State.