[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.