City of Dixon, MO Nuisances

[R.O. 2006 § 215.010; Ord. No. 336 § 1, 9-9-1991]

It shall be unlawful for any person, including owner, lessee or occupant, agent, servant or representative or employee of any such owner, having control of any real estate situated within the City of Dixon, Missouri, or within one-half (1/2) mile of the corporate limits of said City to permit or allow to be carried on or maintained any of the acts, things or conditions declared to be nuisances as set forth in this Chapter.

Section 215.020 Nuisances Defined.

[R.O. 2006 § 215.020; CC 1985 §§ 11-92 — 11-93; Ord. No. 336 § 2, 9-9-1991; Ord. No. 116 §§ 1205 — 1206, 5-10-1960; Ord. No. 513 § 1, 5-3-2010]

The following are hereby defined, deemed and declared to be nuisances for the purpose of this Chapter:

Any act done or committed or suffered to be done or committed by any person, or any substance or thing kept, maintained, placed or found in or upon any public or private place within this City which is injurious, dangerous, annoying, unsafe or offensive to the public.

Any pursuit followed or act done or omission failed to be done by any person which is injurious, dangerous, annoying, unsafe or offensive to the public.

Any building, bridge or other structure which is unsafe, dangerous, injurious, unhealthy, offensive or annoying to the public.

Any slaughterhouse, stockyard or stable, cattle yard, hog, sheep or cow pen which is offensive, injurious, obnoxious, unsafe or annoying to the public.

Any pond or pool of stagnant water or any foul or dirty water or liquid discharged through any drain pipe or spout or thrown into or upon the street, alley, thoroughfare or lot which is injurious, dangerous, offensive, unhealthy or unsafe to the public.

Any obstruction caused or permitted on any street, sidewalk, public or private alley which is injurious, dangerous, offensive, inconvenient, unsafe or unhealthy to the public.

Any stone, dirt, filth, slops, vegetable matter, animal matter, or other articles thrown or placed in or upon any street, alley, sidewalk or other public place which is injurious, dangerous, obnoxious, unsafe or offensive to the public.

The placing or storage of any green or salted hides which cause an odor which is injurious, dangerous, obnoxious, offensive, unhealthy or unsafe to the public.

Any animal or vegetable matter, or other substance liable to become putrid, offensive or unhealthy, which is injurious, dangerous, unhealthy, unsafe and offensive to the public.

10.

Any cellar, vault, private drain, pool, privy, sewer or sink, or container which may be sufficiently tightly closed to cause suffocation, which is injurious, dangerous, unsafe or offensive to the public health.

11.

Any tenement, boarding house or lodging house in the City leased, let, rented or occupied by any person for dwelling which is not sufficiently lighted, ventilated, heated or provided with water and sewer services or kept in a clean and sanitary condition which is dangerous, injurious, obnoxious, offensive or unsafe to the public.

12.

Any house or building or tank within the City used for the special or exclusive storage of powders or dynamite with a glycerine, coal oil or other explosive substance detrimental to the public health or endangering human life, or any house, building or store, wherein small quantities of such explosives are kept, exposed or insecure or kept in any manner so as to endanger the public.

13.

Any radio, television set or musical instrument or device operated in such manner or at such hours which are injurious, inconvenient, obnoxious, offensive or annoying to the public or persons living or doing business nearby.

14.

Any growth of weeds, grass or poisonous or noxious weeds or vegetation which are seven (7) inches or more in height within two hundred (200) feet of any building or one hundred (100) feet of any improved street, or any accumulation of dead weeds, grass or brush, within two hundred (200) feet of any building or one hundred (100) feet of any improved street.

[Ord. No. 563, 8-21-2018]

15.

Any lot or land shall be a public nuisance if it has the presence of rubbish and trash, lumber not piled or stacked twelve (12) inches off the ground, rocks or bricks, tin, steel, parts of derelict cars or trucks, broken furniture, any flammable material which may endanger public safety or any material which is unhealthy or unsafe and declared to be a public nuisance.

16.

Any accumulation or existence upon any lot or parcel of ground of any putrid or unsound meat, hides, decayed vegetables or food, manure, filth, ash heaps, garbage, rubbish, dirt or filth of any kind which, by its decay or purification, could or would become offensive to human beings or detrimental to health 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.

17.

The maintenance of any condition upon any lot or parcel of ground which is offensive, injurious, obnoxious, unsafe or annoying to the public 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.

18.

Any pursuit followed or engaged or acts done by any person which is injurious, dangerous, annoying, unsafe or offensive to the public.

19.

Any dust or noise emanating from the operation of any motorized vehicle or apparatus which is injurious, dangerous, obnoxious, offensive, unhealthy or unsafe to the public.

20.

Any wrecked, abandoned or unused motor vehicle or parts of motor vehicles or other machines, scrap iron or other metals, tin cans, old bottles, broken glass, discarded wearing apparel which is injurious, dangerous, obnoxious, unsafe or offensive to the public.

21.

The debris or remains present upon any property after destruction or partial destruction by fire.

22.

Accumulations Of Combustible Materials. No person shall permit to remain upon any roof or in any yard any accumulation of waste paper, hay, grass, straw, weeds, litter or combustible or flammable waste or rubbish of any kind. All such materials in stores, apartment buildings, factories or similar places shall be compactly baled and stacked, removed from the premises or stored in suitable vaults or receptacles to the satisfaction of the City.

23.

Flammable Decorations. Cotton, batting, straw, dry vines, leaves, trees, celluloid or other highly flammable materials shall not be used for decorative purposes in stores or show windows except where deemed satisfactory by the City. Paper and other readily flammable materials shall not be used for decorative purposes in any place of public assembly unless such materials have been flameproofed to the satisfaction of the City.

Additional Nuisances.

[Ord. No. 557, 6-5-2017]

It shall be unlawful for any person to cause, allow, or permit any of the following objects or conditions to exist upon property owned, leased, rented, controlled or occupied by such person, (unless such objects are within an enclosed structure; i.e.: garage) or on or along any public street, all of which are hereby declared to be public nuisances:

"Junk," which is defined as follows: old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, waste, or junked, dismantled, or wrecked automobiles, or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material;

Any motor vehicle which is not immediately operable under its own power;

Any partially dismantled motor vehicle, whether or not operable;

Any parts or components of motor vehicles, including but not limited to tires, wheels, motor vehicle bodies, frames or parts, or motor vehicle motors and engines;

Any motor vehicle, which is not immediately operable under its own power or which does not have displayed on it a current state registration or license plate, remaining on a street for more than seventy-two (72) hours;

Any motor vehicle parked on the unpaved surface of any property; and

Any unlicensed motor vehicle on private property.

Every person convicted of violating this section shall be punished for a municipal ordinance violation as provided for in Section 215.050 of this Code.

Section 215.025 Rubbish From Burning Buildings To Be Removed.

[R.O. 2006 § 215.025; CC 1985 § 19-24; Ord. No. 108 § 24, 6-17-1957]

Whenever a public walk, street or alley is obstructed by debris or rubbish caused by the burning of any building, it shall be the duty of the owner of such property or his/her duly authorized agent to cause the same to be removed within seventy-two (72) hours thereafter; and all serviceable building materials which may be collected after the burning of the building may be placed by the owner or his/her duly authorized agent upon the street in front of his/her property; provided that in no case shall the space thus occupied exceed that permissible in the preceding Section nor shall be allowed to occupy this space for a period longer than one (1) month, unless a building permit be taken out and a permit from the City be issued for the occupation of such alley, street or sidewalk.

Section 215.027 Debris On Property — Effect Of Failure To Remove Nuisance — Penalties.

[R.O. 2006 § 215.027; Ord. No. 513 § 1, 5-3-2010]

Any lot or land shall be a public nuisance if it has the presence of debris of any kind including, but not limited to, weed cuttings, cut and fallen trees and shrubs, overgrown vegetation and noxious weeds which are twelve (12) inches or more in height, rubbish and trash, lumber not piled or stacked twelve (12) inches off the ground, rocks or bricks, tin, steel, parts of derelict cars or trucks, broken furniture, any flammable material which may endanger public safety or any material which is unhealthy or unsafe and declared to be a public nuisance.

When a public nuisance as described above exists, the Board of Aldermen, Mayor, Chief of Police or other designated officer shall so declare and give written notice to the owner of the property by personal service, certified mail, if otherwise unsuccessful, by publication. Such notice shall, at a minimum:

Declare that a public nuisance exists;

Describe the condition which constitutes such nuisance;

Order the removal or abatement of such condition within seven (7) days from the date of service of such notice;

Inform the owner that he or she may file a written request for a hearing before the Board of Aldermen on the question of whether a nuisance exists upon such property; and

State that if the owner fails to begin removing the nuisance within time allowed, or upon failure to pursue the removal of such nuisance without unnecessary delay, the Board of Aldermen, Mayor, Chief of Police or other designated officer shall 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.

If the owner of such property fails to begin removing the nuisance within the time allowed, or upon failure to pursue the removal of such nuisance without unnecessary delay, the Board of Aldermen, Mayor, Chief of Police or other designated officer shall cause the condition which constitutes the nuisance to be removed. If the Board of Aldermen, Mayor, Chief of Police or other designated officer causes such condition to be removed or abated, the cost of such removal shall be certified to the City Clerk and/or Finance Officer, 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 City 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.

If weeds are allowed to grow, or if trash is allowed to accumulate, on the same property in violation of this Section 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 Board of Aldermen, Mayor, Chief of Police or other designated officer may, without further notification, have the weeds or trash removed and the cost of the same shall be billed in the manner described in this Section. This Subsection does not apply to lands owned by a public utility and lands, rights-of-way, and easements appurtenant or incidental to lands controlled by any railroad.

Section 215.030 Emergency Abatement.

[R.O. 2006 § 215.030; Ord. No. 336 § 3, 9-9-1991]

In cases where it reasonably appears that there is an immediate danger to the health, safety or welfare of the public due to the existence of any nuisance, the Mayor and Board of Aldermen shall have the authority to order the chief law enforcement official for the City to immediately abate the nuisance in an expedient and appropriate manner.

Section 215.040 Abatement Of Nuisances.

[R.O. 2006 § 215.040; Ord. No. 336 § 4, 9-9-1991; Ord. No. 512 § 1, 5-3-2010]

Whenever the Board of Aldermen, or its designated officer, shall ascertain or have knowledge that a prohibited nuisance exists, it shall serve notice upon the owner of the property and, if the property is not owner-occupied, to any occupant of the property of a written notice specifically describing each condition of the lot or land declared to be a public nuisance, and which notice shall identify what action will remedy the public nuisance. Unless a condition presents an immediate, specifically identified risk to the public health or safety, such notice shall require abatement of the nuisance or the commencement of removal of each condition identified within a period of fifteen (15) days. Written notice may be given by personal service, or by first-class, certified return receipt mail to both the occupant of the property at the property address and the owner of the property at the last known address of the owner, if not the same, or by the Chief of Police posting such notice on the property.

[Ord. No. 563, 8-21-2018]

Within such four-day period, the person to whom the notice is directed may either abate the nuisance or request a hearing at the next regularly scheduled meeting of the Board of Aldermen to then and there provide grounds or reasons as to why the condition complained of is not a nuisance or that the person to whom the notice was directed is not responsible for such nuisance.

If no hearing is requested, or if after a requested hearing the Board of Aldermen determines that a nuisance exists, it shall by order direct the person or persons maintaining such nuisance to abate the same within five (5) days. Such order of abatement shall be served in the same manner as provided in the section for service of the notice of nuisance. The order may further provide that if the nuisance is not thereafter abated, appropriate City officials may be authorized and directed to cause abatement of said nuisance. If the nuisance is abated by the City, it shall be at the expense of the legal landowner. The cost of abating nuisances on private property shall be levied and assessed on each lot in proportion to the amount of work done and material used in abating the nuisance located on each such lot.

Such costs as required to abate the nuisance shall be certified to the City Clerk, who shall cause a special tax bill therefor against the property to be prepared and to be collected with other taxes assessed against the property improved or upon which such work was done. The tax bill from the date of its issuance shall be a first lien on the property until paid and shall be prima facie evidence of the recitals therein and of its validity, no mere clerical error or informality in the same, or in the proceedings leading up to the issuance, shall be a defense thereto. Each special tax bill shall be issued by the city clerk and delivered to the collector on or before the first day of June each year.

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 from the date the tax bill is delinquent until paid.

Section 215.050 Penalties For Failure To Abate Nuisance.

[R.O. 2006 § 215.050; Ord. No. 336 § 5, 9-9-1991; Ord. No. 512 § 2, 5-3-2010; Ord. No. 563, 8-21-2018]

In addition to its authority to cause the abatement of any nuisance, any person who fails to abate a nuisance after service of an order of abatement as herein provided within a twelve-month period, beginning with the first violation, may be prosecuted for a municipal ordinance violation as set forth in Chapter 100, Article III, of this Code. For every day after conviction (whether the judgement be appealed from or not) before the Municipal Judge, of any person for the violation, failure, neglect or refusal to comply with any of the provisions or requirements of this Section, that such public nuisance continues, such person shall be deemed guilty of a separate and distinct offense for which he/she may again be cited, tried, convicted and punished as in the first instance. Failure to pay said court costs and fines as ordered by the municipal court in excess of twenty-five dollars ($25.00) may be reported by said court, in accordance with Section 479.356 RSMo., to the Director of the Department of Revenue and request that the Department seeks a setoff of an income tax refund as provided by Sections 143.782 to 143.788, RSMo.