[CC 1975 §74.010]
It shall be unlawful for any person to carry on or permit to be carried on or maintained any of the acts or things or conditions declared to be nuisances within the boundaries of the City of Carl Junction, Missouri, and within one-half (½) mile of the boundaries thereof.
[CC 1975 §74.020]
Offensive annoyances which are discomforting or detrimental to the health or public welfare of individuals or the public shall constitute nuisances.
[CC 1975 §74.030; Ord. No. 04-64 §1, 9-7-2004]
A. 
The following are hereby declared to be nuisances:
1. 
Any stable, stall, shed or compartment, or any yard or appurtenance thereof, in which any horse, cattle, cows, swine, dogs, rabbits, or any other animal, chickens or any other fowl shall be kept, or any place in which manure or liquid discharges of such animals shall collect or accumulate, and which stable, stall, shed or compartment or any yard or appurtenance thereof, is not kept in a clean or wholesome condition, so that no offensive smell shall be allowed to escape therefrom. Nothing in this Article shall be so construed as to include manure deposits upon any private property for the purpose of cultivating the same.
2. 
The accumulation upon any premises, lot or parcel of ground, or the discharge thereof upon any public street, alley, sidewalk or other public place, or upon any private property, of urine, liquid waste from stables, swill, water from privy vaults, waste water, filthy wash water, or any foul or nauseous liquid waste of any kind whatsoever.
3. 
The accumulation or existence upon any premises, lot or parcel of ground of any putrid or unsound meat, pork, fish, hides, decayed vegetables or food, manure, filthy ash heaps, garbage offal, rubbish, dirt or filth of any kind which, by its decay or putrefaction, could or would become offensive to human beings or detrimental to health, or which, by its existence might harbor rats or other rodents.
4. 
The throwing or depositing, or causing to be deposited, in any street, alley or other public place or on any private property of any garbage, refuse, filth, debris, offal, the carcass of any animal or part thereof, any filthy water or manure or other offensive matter, or causing or permitting such or any offensive matter to collect or remain in any place to the prejudice or annoyance of others.
5. 
The standing of vehicles which are laden with any foul or nauseous thing, liquid or substance, or any refuse, filth, offal or other trash or rubbish, anywhere in the City for a period of time longer than reasonably necessary for loading and unloading.
6. 
Any unclean, stinking, foul, odorous or filthy drain, ditch, tank or gutter, or any leaking, broken slop, garbage or manure boxes, or receptacles of like character.
7. 
The throwing or depositing, or causing to be deposited, into any sewer inlet or fixture which has a sewer connection, any article whatever that may cause the sewer to choke up or otherwise interfere therewith.
8. 
Any water leakage, seepage or moisture in any cellar, basement or part thereof, or any house or building occasioned by leakage from defective hydrants, water pipes, sewer pipes, cisterns, wells, gutters, drains, rain spouts or seepage from the surrounding earth.
9. 
Any pond or pool of unwholesome, impure, stagnant or offensive water found upon any lot or piece of ground.
10. 
Any open, uncovered or unprotected well or cistern on any premises, or any well or cistern containing water which an analysis discloses to be impure or unwholesome in nature.
11. 
Carcasses of animals not buried, destroyed or removed within six (6) hours after death.
12. 
Any water accumulating and remaining, continuing or stagnating upon, in or about any lot, tract, or piece of ground, or any barrels, buckets, kegs, tubs, cans or vessels of any kind whatsoever caused or permitted to be thrown, placed, or remain upon any lot, property or grounds in the City that might, could or would catch, hold, contain or retain water in which mosquitoes or insects, bugs, worms or living creatures might be bred, hatched, raised or allowed to remain or accumulate.
13. 
Any growth of weeds on any lot or tract or any part of any lot or parcel of ground to a height of ten (10) inches for established lawns and fifteen (15) inches for all other tracts of land. Noxious or harmful vegetation irritating to the human touch, including, but not limited to, poison ivy, poison oak and poison sumac. Provided, however, on any undeveloped parcel of ground consisting of one (1) acre or more, any growth of weeds in excess of fifteen (15) inches shall be deemed a nuisance only on the fifteen-foot-wide strip or strips of such parcel which border upon any public roadway or which border any residentially zoned parcel of ground. Provided, further, the abatement of such nuisance may, at the option of the City, proceed as set forth in Article III of this Chapter.
[Ord. No. 13-40 §1, 7-16-2013]
14. 
Every privy, privy vault, cesspool or water closet, or any other receptacle whatever, of human excrement, which is in an overflowing, leaking, full, insecure or defective condition, or kept in such condition as to emit any offensive, noxious or disagreeable odor.
15. 
The erection, continuance or use of any building, room or other place in the City for the exercise of any trade, employment or manufacture, which by occasioning noxious exhalations, offensive odors, discomforting, offensive or detrimental to the health of individuals or of the public.
16. 
Debris of any kind, including, but not limited to, ashes, cinders, slops, filth, excrement, sawdust, stones, rock, dirt, straw, soot, sticks, shavings, oyster shells, cans, dust, paper, trash, rubbish, manure, refuse, offal, wastewater, chamber lye, fish, putrid meat, entrails, decayed fruit or vegetables, broken ware, rags, old china, old iron or other metal, old wearing apparel, all animal and vegetable matter, all dead animals, weed cuttings (except properly maintained compost/mulch piles), cut and fallen trees (except for trees being used for firewood or lumber) and shrubs, lumber not piled or stacked twelve (12) inches off the ground, bricks, parts of derelict cars or trucks, broken/discarded furniture, any flammable, unhealthy or unsafe material which may endanger public safety, or any other offensive or disagreeable substance or thing which is thrown, left or deposited, or caused to be left, thrown, or deposited, by any person, or in or upon any street, avenue, alley, sidewalk, parking, or other public way, or in or upon the public square, or any public enclosure, or any lot (vacant or occupied) or any pool or pond of water. Provided, however, such debris shall not include recyclables such as aluminum cans, plastic bottles, etc., properly stored for the purpose of recycling such items.
[Ord. No. 13-40 §1, 7-16-2013]
17. 
Depositing or draining sewage and waste water from dwelling houses or other buildings upon any lot or tract or public street or alley.
18. 
Allowing or permitting sewage or waste water from any cesspool, septic tank or the laterals or sewage lines therefrom to rise, seep or pass to the surface of the land adjacent thereto.
19. 
All dilapidated and unsightly or unsanitary buildings or parts thereof, foundations or excavations therefor, or buildings in such condition to be unfit for habitation, or that may be dangerous to the public, or that may be injurious to the public health, located upon either residential or commercial property.
[CC 1975 §74.040]
It shall be the duty of the owner or occupant of the premises or his/her agent, or the person causing or maintaining any nuisance thereon, to abate the same after a written order of the City Marshal in accordance with the terms prescribed in such order.
[CC 1975 §74.050]
The City Police shall hereby be authorized to enter and inspect all buildings and parts of buildings and other premises for the purpose of examining the sanitary condition thereof and for the discovery and abatement of nuisances therein.
[CC 1975 §74.060]
Whenever it becomes necessary to abate a nuisance immediately in order to secure the general health of the City, or any of its inhabitants, the City is authorized to abate such nuisance without notice, and may use any suitable means or assistance for that purpose, whether employees of the City or day laborers especially employed for that purpose, or any other help or assistance necessary therefor. The City Marshal shall certify the cost of abating such nuisance to the Board, and the Board may, by ordinance, levy the cost thereof as a special tax bill against the property on which such nuisance was located, if within the City limits, which tax shall be collected like other special tax bills and shall be a first lien on the property until paid.
[CC 1975 §74.070]
In case the abatement of any nuisance is not immediately necessary for the protection of the health of the inhabitants of the City, the City shall hold a public hearing before declaring the same to be a nuisance and ordering its abatement. Ten (10) 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. In the event that the owner or occupant of the premises where such alleged nuisance exists, cannot be located, notice may be affixed to the property where such alleged nuisance exists at least ten (10) days before 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 City finds that a nuisance exists, the City 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 City in such order, the City shall abate the same, and the costs thereof may be levied as a special tax in the manner prescribed in the preceding Section.
[CC 1975 §74.080]
If any nuisance abated by the City Marshal as provided in this Chapter extended before the abatement over the property of more than one (1) owner, the cost of abating the same shall be assessed in proportion to the amount of work and expense for each proportionate part of the entire work and the area, and the special tax bills provided for in this Chapter shall be levied and collected accordingly.
[CC 1975 §74.090]
Any person or contractor employed or contracted with 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 or any Officer, agent or employee of the City, or with any representative of the City Marshal, for the purpose of sanitary inspection or the discovery or abatement of any nuisance.
[CC 1975 §74.100]
The owner of any premises, or his/her agent in charge thereof, as well as the tenant or occupants of such premises, are hereby charged with the duty of observing all of the requirements and provisions of this Chapter with reference to nuisances, and any or all of such persons, together with the person causing or contributing to cause or bring about any nuisance, may be charged with the violation thereof and shall be equally liable.
[CC 1975 §74.110]
Whenever the City incurs any costs and expenses in removing or abating any nuisance on any property, public or private, within the City limits or within one-half (½) mile thereof, the person so creating, maintaining or refusing to abate such nuisance, if caused by him/her, shall reimburse the City for such costs and expenses and such costs and expenses shall be assessed as a part of the judgement.
[CC 1975 §74.120]
Nothing in this Chapter shall be construed as abandoning or limiting the City's right to bring suit for all expenses attending the abatement of a nuisance, when performed by the City, in any court of competent jurisdiction in the name of the City against the person maintaining, keeping, creating or refusing to abate the nuisance so abated.