A.
The following are declared to be nuisances affecting health:
1.
All decayed or unwholesome food offered for sale to the public
or offered to the public at no charge.
2.
All diseased animals running at large.
3.
All ponds or pools of stagnant water.
4.
Carcasses of dead animals not buried or destroyed within twenty-four
(24) hours after death.
5.
Accumulations, wheresoever they may occur, of manure, rubbish,
garbage, refuse and human and industrial, noxious or offensive waste,
except the normal storage on a farm of manure for agricultural purposes.
6.
Garbage cans which are not flytight, that is, garbage cans which
do not prevent the entry of flies, insects and rodents.
7.
The pollution of any well, cistern, spring, underground water,
stream, lake, canal or body of water by sewage or industrial wastes,
or other substances harmful to human beings.
8.
Dense smoke, noxious fumes, gas and soot, or cinders in unreasonable
quantities, or the presence of any gas, vapor, fume, smoke, dust or
any other toxic substance on, in or emitted from the equipment of
any premises in quantities sufficient to be toxic, harmful or injurious
to the health of any employee or to any premises, occupant or to any
other person.
9.
Common drinking cups, roller towels, combs, brushes or eating
utensils in public or semipublic places where not properly sanitized
after use.
10.
Any vehicle used for septic tank cleaning which does not meet
the requirements of this Chapter of the Code of Ordinances of the
Village of Indian Point.
11.
Any vehicle used for garbage or rubbish disposal which is not
equipped with a watertight metal body and provided with a tight metal
cover or covers and so constructed as to prevent any of the contents
from leaking, spilling, falling or blowing out of such vehicle at
any time, except while being loaded, or not completely secured and
covered so as to prevent offensive odors from escaping therefrom or
exposing any part of the contents at any time.
12.
Any and all infestations of flies, fleas, roaches, lice, ticks,
rats, mice, fly maggots, mosquito larvae and hookworm larvae.
13.
The keeping of animals and fowls in any area within the Village
not zoned for agricultural uses except pet cats and dogs, animals
in public or licensed zoos, and farm animals in laboratories.
14.
Unlicensed dumps and licensed dumps not operated or maintained
in compliance with the ordinances of the Village of Indian Point and
the Statutes of the State of Missouri.
15.
No person shall discharge or cause to be discharged into a stormwater
system any waste materials, liquids, vapor, fat, gasoline, benzene,
naphtha, oil or petroleum product, mud, straw, lawn clippings, tree
limbs or branches, metal or plastic objects, rags, garbage or any
other substance which is capable of causing an obstruction to the
flow of the storm system or interfering with the proper operation
of the system or which will pollute the natural creeks or waterways.
16.
All other acts, practices, conduct, business, occupation callings,
trades, uses of property and all other things detrimental or certain
to be detrimental to the health of the inhabitants of the Village
of Indian Point.
B.
Unlawful To Cause, Maintain Within Village Or One-Half Mile
Thereof. It is unlawful for any owner, lessee or occupant
or any agent, servant, representative or employee of any such owner,
lessee or occupant having control of any occupied lot or land or any
part thereof in the Village of Indian Point or within one-half (1/2)
mile of the corporate limits of the Village of Indian Point, Missouri,
to cause, permit or maintain a nuisance on any such lot or land. Additionally,
it is unlawful for any person or his/her agent, servant, representative
or employee to cause or maintain a nuisance on the land or property
of another with or without permission. Each day that a nuisance shall
be maintained as a separate offense.
C.
Abatement Generally.
1.
Abatement Of Nuisance — Abatement Officer. Whenever the Abatement Officer for the Village shall ascertain or
have knowledge that a nuisance exists on any premises in the Village,
he/she shall, by written notice, notify the persons occupying or having
possession of said premises to abate or remove such nuisance within
the time to be specified in such notice, not less than fifteen (15)
days. Failure to abate such nuisance within the time specified within
the notice, or failure to pursue the removal or abatement of such
nuisance without unnecessary delay, shall be deemed an ordinance violation.
2.
Notice. The Abatement Officer shall determine
all individuals, firms or corporations who, from the records in the
Recorder of Deeds' office, appear to be the titled owners of the aforesaid
property and immediately cause a written notice to be served on each
such individual, firm or corporation by one (1) of the following methods:
a.
The delivery of a true copy of the notice to the person(s)
intended to be notified, or the leaving of a copy at his/her usual
place of abode with some member of his/her family over the age of
fifteen (15) years.
b.
Mailing a copy to such person at such place or address by United
States certified mail return receipt.
c.
If service of such written notice is unable to be perfected
by any of the methods described above, the Abatement Officer shall
direct the Village Clerk to cause a copy of the aforesaid notice to
be published in a newspaper of general circulation in the County where
the Village is located, once a week for two (2) consecutive weeks
and shall further cause a copy of the aforesaid notice to be left
with the individual, if any, in possession of such property on which
it is alleged such public nuisance exists, or if there is no individual
in possession thereof, the Abatement Officer shall cause a copy of
the notice to be posted at such structure, location or premises. The
Abatement Officer may also determine from the Recorder of Deeds' office
who the lienholder of the property, if any, as documented therein,
is and cause a written notice to be served on such lienholder by United
States mail return receipt.
3.
Summary Abatement. Whenever it becomes necessary
to abate a nuisance immediately in order to secure the general health,
welfare or safety of the Village or any of its inhabitants, the Village
is authorized to abate such nuisance without notice and may use any
suitable means or assistance for that purpose, whether by employees
of the Village or laborers especially employed for that purpose, or
any other help or assistance necessary therefor.
4.
Municipal Court May Order Abatement — Cost Of
Abatement By The Village, How Paid. If, upon a trial for
the failure to abate such nuisance within the time specified within
the notice or failure to pursue the removal or abatement of such nuisance
without unnecessary delay, the Judge of the Municipal Court shall
find that a violation exists and that the defendant has had proper
notice as provided in this Section and that the defendant has failed
to abate the nuisance, the Judge of the Municipal Court shall, in
addition to the penalty for violating this Section, make an order
directing the Abatement Officer to abate such nuisance forthwith and
immediately report the expenses thereof to the Village 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 Village Collector or other 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 considered delinquent, and the collection of the delinquent bill
shall be governed by the laws governing delinquent and back taxes.
The tax bill from the date of its issuance shall be deemed a personal
debt against the owner and shall also be a lien on the property until
paid.
5.
Right Of Entry. Any person or contractor employed
by or under contract with the Village 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, Abatement Officer
or any officer, agent or employee of the Village or with any representative
of the Village engaged in the abatement of any nuisance pursuant to
an order of the Municipal Judge or any summary abatement as described
above.
6.
Remand And Hearing. In case the Municipal
Judge shall determine that abatement of any alleged nuisance is not
immediately necessary for the protection of the health of the inhabitants
of the Village, he/she may instead of entering a finding remand the
matter to the Board of Trustees and the Village shall hold a hearing
before declaring the same to be a nuisance and ordering its abatement.
At least fifteen (15) 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. 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 Board of Trustees finds
that a nuisance exists, it 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 Village Board of Trustees in such order, the matter may again
be presented for prosecution before the Municipal Court for determination.
7.
Court Suit Authorized. Nothing in this Section
shall be construed as abandoning or limiting the Village's right to
bring suit for all expenses attending the abatement of a nuisance,
when performed by the Village, in any court of competent jurisdiction
in the name of the Village against the person maintaining, keeping,
creating or refusing to abate the nuisance so abated.
