Chapter 17: Nuisances

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CONTENTS

§ 17-1.        Definitions.

§ 17-2.        Maintaining nuisance.

§ 17-3.        Notice to occupant or owner to abate or remove nuisance.

§ 17-4.        Authority of police, etc., to enter premises, etc., for purpose of removing or abating nuisance.

§ 17-5.        City may abate nuisances when owner fails to do so - Duties of city council.

§ 17-6.        Barbed wire near sidewalks.

§ 17-7.        Drainage.

§ 17-8.        Gates swinging over sidewalks.

§§ 17-9 to 17-23.  Reserved.

Chapter 17

NUISANCES

Sec. 17-1.  Definitions.

        (a)   Nuisance- The following things are hereby declared to be nuisances; provided, that such listing shall not be deemed exclusive:

                (1)   Carcasses of animals remaining exposed more than six hours after death.

                (2)   Debris of any kind including, but not limited to, weed cuttings, cut and fallen trees and shrubs, overgrown vegetation and noxious weeds which are seven inches or more in height, rubbish and trash, lumber not piled or stacked twelve inches off the ground, ashes, slops, filth, excrement, stones, straw, soot, rubbish, manure, offal, stagnant water, all sorts of decaying animal matter, decaying fruit or vegetables or other vegetable matter, broken kitchenware, wrecks or parts of worn out automobiles or other machines, scrap iron or other metals, tin cans, old bottles, broken glass, discarded wearing apparel, dead animals, or any other offensive or disagreeable substance or thing, old dilapidated barns, sheds or other buildings left, deposited or caused or permitted to remain, left or deposited in such quantity or in such condition as to be offensive to the sight or smell or a menace to health, safety, peace or comfort or of such a nature as to be or become harbors or breeding places for mosquitoes, ants, flies, rats, mice or other insects, animals or vermin, whether left or deposited upon private premises owned, occupied or controlled by persons causing or permitting the same or upon any public street, sidewalk, alley, parkway, public enclosure or vacant lot; all water, stream and condensation drained from, emitted from or thrown upon any sidewalk, parkway, alley or street from any place occupied by a commercial or business structure of any appurtenances thereto belonging Also, the creation of dust by the operation of motor vehicles, racing cars, rides, or other motor driven contrivances where the dust is carried beyond the borders of the property whereon the above enumerated vehicles may be operated in such quantities as to interfere with reasonable enjoyment of any property in the neighborhood.

                (3)   Factories, slaughterhouses and all places of business causing an offensive odor to a greater extent than is required for the necessary prosecution of carrying on of such business.

                (4)   Garbage deposited otherwise than in suitable containers for removal by the city.

                (5)   Green or unsalted hides kept in an exposed or open place.

                (6)   Hogpens.

                (7)   Limbs of tree projecting over a sidewalk or street at a height of less than ten feet.

                (8)   Privies in an overflowing, leaking or filthy condition.

                (9)   Ponds, pools, cisterns, and wells of unclean water or maintained in an unsafe condition.

                (10) The rendering, heating or steaming of any animal or vegetable product or substance in such a manner as to cause disagreeable odors off the premises.

                (11) Stables, stalls, sheds, pens or yards in which any horses or cattle have been kept which are in an unclean condition.

                (12) All substances or things which create a dangerous condition or cause an odor disagreeable to the surrounding neighborhood.  (Ord. 298, §2; Ord. 710)

Sec. 17-2.  Maintaining nuisance.

        No person shall cause, maintain or permit, on premises owned or controlled by him, a nuisance or dangerous condition, as defined by the laws of this State or by this Chapter.  (Ord. 298, §1.)

Sec. 17-3.  Notice to occupant or owner to abate or remove nuisance.

        (a)       Whenever the city council, or its designated officer, shall ascertain or have knowledge that a nuisance exists in or upon any house or premises in the city, such council or its designated officer, shall, by written notice, notify the person occupying or having possession or the right to possession of such house or premises to abate or remove such nuisance within the time to be specified in such notice, which shall not be longer than seven days of receiving that notice. Notification shall be by posting a notice of such request to abate or remove such nuisance upon such house or premises and by sending a copy of such notice to the last known address of the occupants. Receipt or acknowledgement of notification is not required.

        (b)       Whenever the city council, or its designated officer, shall ascertain or have knowledge that a nuisance exists in or upon any house or premises in the city, such council or its designated officer, shall, by written notice, notify the owners or owners having the right of possession of such house or premises to abate or remove such nuisance within the time to be specified in such notice, which shall not be longer than seven days of receiving that notice. Notification shall be by posting a notice of such request to abate or remove such nuisance upon such house or premises and by sending a copy of such notice to the last known address of the occupants. Receipt or acknowledgement of notification is not required. 

        (c)       No person notified as provided in this Section shall fail, neglect or refuse to comply with the same within the time specified in such notice. For every day thereafter that such person shall fail, neglect or refuse to comply with the same and for every day thereafter that such person shall fail, neglect or refuse to abate or remove such nuisance, or dangerous condition, he shall be deemed guilty of a separate offense and shall be proceeded against as in the first instance. Penalty as specified in Section 1-13 of this Code. RSMO 77-590.  (Ord. 298, §3; Ord. 608; Ord. 710; Ord. 768)

Sec. 17-4.  Authority of police, etc., to enter premises, etc., for purpose of removing or abating nuisance.

         Police officers and other employees of the city authorized by the city council or the chief of police are hereby authorized and required to go, in the daytime, in and upon any house, building, lot or premises, whether public or private, for the purpose of removing or abating any nuisance, when abatement of a nuisance is ordered under the provisions of this Chapter. (Ord. 298, §4; Ord. 608; Repealed by Ord. 716) (Ord. 768)

Sec. 17-5.  City may abate nuisances when owner fails to do so - Duties of city council.

             (a)       If the person notified as provided in this section shall fail, neglect or refuse to comply with the same within the time specified in such notice, the building commissioner or designated officer shall abate such nuisance provided the cost of such not exceed $1,000.00. If the estimated cost of abatement of the nuisance is in excess of the amount thus established, the building commissioner or designated officer shall report the same to the city council. Thereupon the council shall call and have a full and adequate hearing upon the matter, giving the affected parties at least fourteen days written notice of the hearing. Receipt or acknowledgement of notification is not required. At such hearing, any party may be represented by counsel, and all parties shall have opportunity to be heard.

            (b)       After the hearing, if the evidence supports a finding based upon competent and substantial evidence that a nuisance exists, that the person having an interest was notified, and that the person failed to abate the nuisance, the city council shall issue an order based upon its findings of fact to the codes administrator or its designated officer to proceed to abate the nuisance. RSMO 67.398.  (Ord. 298, §5; Ord. 608; Repealed by Ord. 710) (Ord. 768)

Sec. 17-6.  Barbed wire near sidewalks.

        Any person who shall in this city have any barbed wire fence nearer than two feet of any sidewalk, or use any barbed wire for any other purpose nearer than two feet of any sidewalk or pavement in this city, and fail to remove the same within ten days after being notified so to do by the chief of police or street commissioner, shall be deemed guilty of a misdemeanor.  (Ord. 30, §3; 1977 Code)  (For penalty see Sec. 1-13.)

Sec. 17-7.  Drainage.

        All lots of land containing standing or stagnant water, are hereby declared a nuisance, and all lots of land within the limits of this city shall be so graded by the owner thereof as to prevent standing or stagnant water thereon, and the owner of each and every lot whereon such standing or stagnant water maybe shall be notified in writing by the chief of police or street commissioner to fill up and grade the same, or cause it to be drained within ten days' time so as to prevent any such nuisance, and any person failing to comply with such notice shall forfeit and pay to the city the sum of ten dollars, and the chief of police or street commissioner shall forthwith report such failure to the city council, and the city council shall proceed to have the same filled, graded or drained, and shall cause to be issued a special tax bill against said owner for the amount of expenses incurred.  (Ord. 30, §10.)

Sec. 17-8.  Gates swinging over sidewalks.

        All gates that in opening swing over any sidewalk or part of sidewalk in this city, are hereby declared a nuisance, and the owner or owners thereof are hereby required to change or remove the same, so as to prevent them from swinging over said sidewalk as aforesaid, within ten days after notice by the chief of police, any party failing to so change said gate after notice has been given shall be deemed guilty of a misdemeanor.  (Ord. 30, §11; 1977 Code)  (For penalty see Sec. 1-13.)

Secs. 17-9 to 17-23.  Reserved.