[R.O. 2012 §235.030; Ord. No. 1681 §1, 3-12-1914; CC 1973 §18-3]
No person shall permit, cause, keep, maintain or do any nuisance
or contribute to the same as defined by the laws of this State, provisions
of this Chapter or the ordinances of the City, or cause or permit
to be committed, caused, kept, maintained or done or contribute to
the committing, causing, keeping, or maintaining any such nuisance
within the corporate limits of the City or within one (1) mile of
the corporate limits of the City.
[R.O. 2012 §235.040; Ord. No. 6681, 5-1-1978; Ord. No.
09-6-6 §1, 6-1-2009; Ord. No. 14-06-03 §2, 6-16-2014]
A.
In
addition to any other act declared to be a nuisance by this Chapter
or other ordinance of the City, nuisances are hereby defined and declared
to be as follows:
1.
Any act done or committed, or suffered to be done or committed, by
any person, or any substances or thing kept, maintained, placed or
found in or upon any public or private place which is injurious or
dangerous to the public health.
2.
Any pursuit followed or act done any person to the hurt, injury,
annoyance, inconvenience or damage of the public.
3.
Any building, bridge or other structure of whatever character kept
or maintained or which is permitted by any person owning or having
control of the structure to be kept or maintained in a condition unsafe,
dangerous, unhealthy, injurious or annoying to the public.
4.
Any slaughterhouse, distillery or other factory or business place
permitted by the person owning or having charge of the same to be
in such condition as to become offensive, annoying or injurious to
the public.
5.
Any pond or pool of stagnant water upon any premises, and any foul
and dirty water or liquid when discharged through any drain, pipe
or spout, or thrown into or upon any street, thoroughfare or premises
to the injury and annoyance of the public.
6.
Any privy or private vault kept in such a condition as to emit an
offensive, noxious unhealthy or disagreeable odor, and any substance
emitting an offensive, noxious, unhealthy or disagreeable effluvium
in the neighborhood where it exists. Any carcass of a dead animal
which the owner or keeper thereof permits to remain within the limits
of this City exceeding six (6) daylight hours after death. Any animal
liable to become putrid, offensive or unhealthy, except manure deposits
on private property for the purpose of cultivating the property.
7.
Any obstruction caused or permitted on any street or sidewalk to
the danger or annoyance of the public, and any stones, dirt, garbage,
filth, slops, vegetable matter or other articles thrown or placed
by any person on or in any street, alley, sidewalk or other public
place or on any premises or any stream of water within the City which
in any way may cause or is liable to cause any injury or annoyance
to the public.
8.
Any sidewalk, driveway, parking space, driveway and parking space
curbing, or retaining wall, including those located in street rights-of-way,
permitted to remain in an unsafe condition or out of repair by the
owner or occupant of the lot or parcel that includes or abuts the
sidewalk, driveway, parking spaces or retaining wall.
9.
Any stable, cattle yard, hog, sheep or cow pen, poultry yard or coop
permitted by the person owning or controlling the same to be in such
condition as to become offensive, annoying or injurious to the public.
10.
Any fence built wholly or partly of barbed wire on the line of, or
adjacent to, any street, alley, sidewalk or other public place.
11.
Any cellar, vault, private drain, pool, privy, sewer or sink, upon
any premises permitted to become nauseous, foul, offensive or injurious
to the public health.
12.
Any weeds or excessive growth of vegetation, in excess of eight (8)
inches in height, on any lot or parcel of land within the City or
any area between the property lines of the lot or parcel, and the
curb line or edge of any adjacent street, and the centerline of any
adjacent alley, including, but not specifically limited to, sidewalks,
streets, alleys, easements, rights-of-way and all other areas, public
or private.
Exceptions. This paragraph (12) shall not be
made applicable to:
a.
The growing of brome, alfalfa, timothy, clover or other grasses for
hay or other cultivated crop purposes within any zoned district on
an undeveloped parcel in excess of three (3) acres in size, provided
it is harvested at a reasonable maturity level.
b.
Excessive growth of vegetation on undeveloped parcels zoned other
than for agricultural uses if such parcel is one contiguous parcel,
not intersected by any public roadway, and is greater than ten (10)
acres, and contiguous undeveloped parcels not adjacent to any developed
parcel; provided, however, on any such parcel no excessive growth
of vegetation shall be allowed in any area within twenty-five (25)
feet from the curb or edge of any public roadway, or within twenty-five
(25) feet of the property line adjacent to any other public roadway,
or of the property line of any property being used for residential
or commercial purposes.
c.
Waterways, any areas protected by local, State or Federal regulations,
or natural areas approved by the Code Enforcement Officer or Community
Development Director, or their designee, provided those areas are
kept free of all weeds and plants which are poisonous to the touch,
and "Best Management Practices" are followed.
d.
Tree preservation areas designated as such in the approved development
plat or plan of a Planned Zoning District where physical characteristics
inhibit normal mowing practices; provided further, however, that the
City reserves its right of abatement under this Chapter whenever it
determines that any excessive growth of vegetation creates or enhances
an identifiable health or safety problem, including, but not limited
to, proliferation of rats, mosquitoes and/or vermin, or creates a
fire hazard.
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Definitions. For the purposes of this paragraph
(12), the following definitions shall apply:
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BEST MANAGEMENT PRACTICES — Shall mean stormwater management
practices used to prevent or control the discharge of pollutants into
waters. These may include engineered solutions, a schedule of activities,
prohibition of practices, maintenance procedures, or other management
practices. They include three (3) categories: Preservation and promotion
of natural hydrology (open space, natural vegetation, filter strips),
engineered stormwater treatment and infiltration (bio-retention filters,
engineered swales, infiltration trenches), and onsite detention and
treatment (pervious pavement, wet ponds).
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DEVELOPED PARCEL — Shall mean any lot, tract, or other
parcel of real estate with any man-made changes, including but not
limited to, buildings, structures, stormwater improvements, utilities,
and other site developments.
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EXCESSIVE GROWTH — Shall mean any vegetation which is
more than eight (8) inches in height on developed parcels or more
than twelve (12) inches in height on undeveloped parcels, either above
the ground or in length if matted down as measured along the stem
and shall include all trees, bushes, shrubs, flowers and ornamental
or garden plants, either cultivated or uncultivated if such plants
are not made readily distinguishable from surrounding vegetation of
excessive growth, and all plants which are poisonous to the touch,
including poison ivy, poison oak and poison sumac, regardless of height.
It is the responsibility of the property owner or other responsible
person to clearly mark, stake out or otherwise distinguish between
trees, bushes, shrubs, flowers and ornamental or garden plants as
compared to any excessive vegetation in the surrounding area.
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UNDEVELOPED PARCEL — Shall mean any lot, tract, or parcel
of real estate without any man-made changes, structures or other improvements,
except grading.
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VEGETATION — Shall include, but not be limited to, weeds,
woody vines, brush, grass and uncultivated plants.
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WEEDS — Shall include, but not be limited to, kudzu (Pueraria
lobata), field bindweed (Convolvulus arvensis), Russian Knapweek (Centaurea
picris), hoary cress (Lepidium draba), Canada thistle (Cirsium Arvense),
quackgrass (Agropyron repens), leafy spurge (Euphobia esula), bur
ragweed (Franseria tomentosa and discolor), pignut (Hoffmannseggia
densiflora), musk (nodding), thistle (Carduus nutans L.), Johnson
grass (Sorghum halepense), sericea lespedeza (Lespedeza cuneata),
multiflora rose (Rosa Multiflora), and any other weed designated as
noxious by rules promulgated by the Director of the Missouri Department
of Agriculture.
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13.
Any well, cistern or other excavation, remaining uncovered or in
an unsafe condition.
14.
Any well or cistern on any property whenever a chemical analysis
shows that the water of said well or cistern is of an impure or unwholesome
nature.
15.
Any violation of this Chapter, which if continued is liable to endanger,
annoy or injure the public.
16.
Placing, causing, keeping, maintaining or permitting trash, garbage,
rubbish, junk, decaying vegetable or animal matter, ashes, debris,
appliances, fixtures, building materials, household objects, furniture,
automotive parts or tires, textiles, boxes or crates, containers,
yard waste or brush, manure, construction waste, glass, cardboard,
noxious or filthy substances or any kind of waste materials, upon
any premises in such manner and to such extent as to render the same
unsightly, unclean or unsafe; provided, however, that this shall not
include the outdoor use, outdoor storage or outdoor placement of household
appliances, household furniture, or household furnishings, on any
real property used for residential purposes if such items are designed
for outdoor use and are used on the premises for purposes of the household,
and provided further that the term "outdoor" includes
a porch, unless the porch is fully enclosed by a roof and fully intact
glass or fully intact screens.
[Ord. No. 20-12-01, 12-7-2020]
17.
Each act or thing done or made, permitted, allowed or continued on
any property, public or private, by any person or corporation, their
agents or servants to the damage or injury of any of the inhabitants
of this City, and not hereinbefore specified.
[R.O. 2012 §235.050; Ord. No. 82-7-4, 7-19-1982; Ord. No.
16-12-04 § 1, 12-19-2016; Ord. No. 20-12-01, 12-7-2020]
A.
When a nuisance exists within the City or within one (1) mile of
the City limits of the City of Excelsior Springs, Missouri, the Code
Enforcement Official may declare a public nuisance and give written
notice to the owner and, if the property is not owner occupied, also
to any occupant of the property, and order such nuisance be removed
and/or abated.
1.
Such notice and order shall be given by one (1) of the following
means:
a.
Personal service;
b.
Mailing it by First-Class Mail; or
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If none of those above-stated methods are successful, the Code
Enforcement Official may cause such notice and removal order to be
served by publishing in a weekly paper for two (2) insertions and
posting it on or about the premises described in the notice, provided
that it will be deemed served at the end of twenty-four (24) hours
after the posting thereof.
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If the owner or occupant is a corporation, notice and removal
order shall be served upon an officer, a person in charge of any local
business office, or its registered agent or any other agent authorized
by appointment or required by law to receive service of process.
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2.
Such notice and removal order shall, at a minimum:
a.
Declare that a public nuisance exists;
b.
Describe the condition which constitutes such nuisance;
c.
Order the removal or abatement of such condition not less than
ten (10) days from the date of receipt of such notice;
d.
Describe the location of the property where the nuisance exists
(using the street address rather than a legal description when reasonably
possible to do so);
e.
State that if the owner or occupant fails to begin removing
or abating the nuisance within the time allowed or pursue the removal
or abatement of such nuisance without unnecessary delay the Code Enforcement
Official may cause the condition which constitutes the nuisance to
be removed or abated and that the cost of such removal or abatement
may be included in a special tax bill or added to the annual real
estate tax bill for the property and collected in the same manner
and procedure for collecting real estate taxes;
f.
State that if the owner or occupant of such property fails to
begin removing or abating the nuisance within the time allowed, or
upon failure to pursue the removal of such nuisance without unnecessary
delay, such owner or occupant may be cited in Municipal Court for
violating this Section and shall, upon conviction in Municipal Court,
be subject to punishment by a fine.
3.
Notwithstanding anything to the contrary contained in this Chapter,
if the condition presents an immediate, specifically identified risk
to the public health or safety, the City Manager may take emergency
measures to remove or abate the public nuisance.
[R.O. 2012 §235.060; Ord. No. 1681 §§2, 17, 3-12-1914; CC 1973
§18-19; Ord. No. 16-12-05 § 1, 12-19-2016]
Any person who shall be notified to abate a nuisance, and who
shall fail, neglect, or refuse to obey and comply with the provisions
of such notice within the time therein specified, shall be deemed
guilty of an ordinance violation, and the Code Enforcement Officer
or his/her duly appointed representative shall file a written complaint
in the Municipal Court.
[R.O. 2012 §235.070; Ord. No. 1681 §§19, 21, 3-12-1914; CC 1973
§18-20; Ord. No. 03-7-2 §235.070, 7-7-2003]
If the owner or person occupying or having possession and control
of any premises upon which a nuisance exists in violation of this
Article does not abate the same within the time stated in the notice
to abate such nuisance, the City may enter upon such premises and
abate such nuisance. The costs and expenses of such abatement by the
City shall, like taxes, be a first lien on the property affected thereby
until paid. If weeds are allowed to grow or if trash is allowed to
accumulate on the same property in violation of this Article more
than once during the same growing season in the case of weeds, or
more than once during a calendar year in the case of trash, the City
may, without further notification, have the weeds or trash removed
and the cost of the same shall be billed in the manner described above.
