Cross References — As to dangerous buildings as a nuisance, ch. 505; as to prostitution houses deemed a nuisance, §210.1390.
[Ord. No. 2015-1, 3-10-2015]
The following are declared to be nuisances affecting health:
All decayed or unwholesome food offered for sale to the public, or offered to the public at no charge.
All diseased animals running at large.
All ponds or pools of stagnant water.
Carcasses of dead animals not buried or destroyed within twenty-four (24) hours after death.
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.
Privy vaults or garbage cans which are not fly-tight, that is, privy vaults or garbage cans which do not prevent the entry of flies, insects and rodents.
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.
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.
Common drinking cups, roller towels, combs, brushes or eating utensils in public or semi-public places where not properly sanitized after use.
Any vehicle used for septic tank cleaning which does not meet the requirements of this Chapter of the Code of Ordinances of the City of Appleton City.
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.
Any and all infestations of flies, fleas, roaches, lice, ticks, rats, mice, fly maggots, mosquito larvae and hookworm larvae.
Unlicensed dumps and licensed dumps not operated or maintained in compliance with the ordinances of the City of Appleton City and the Statutes of the State of Missouri.
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 interfere with the proper operation of the system, or which will pollute the natural creeks or waterways.
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 City of Appleton City.
All pavements, sidewalks, curbstones, awnings or awning posts permitted to be out of repair.
All business or professional signs so hung or placed so as to interfere in any manner with the pedestrians upon any sidewalk, or hung or suspended over any sidewalk at such height or in any such manner that they may come in contact with the person or apparel of any pedestrian passing along such sidewalk.
All goods, boxes, barrels or other articles, commodities or materials permitted to remain on the sidewalk or in any gutter.
All cattle, sheep, hog, chicken, or other animal pen in a condition that offensive odors or smells arise therefrom to the injury or annoyance of the public or any inhabitant of the neighborhood.
Any wood, coal, barrels, boxes, crates or other articles or materials whatsoever deposited or permitted to remain on any street, sidewalk or alley, provided however, that this clause shall not be so construed as to prohibit persons from receiving or discharging such articles in the ordinary course of business, unless such articles are permitted to remain longer than six (6) hours upon such street, sidewalk or alley; nor shall it apply to the necessary use of the streets, sidewalks or alleys in the erection, repairing or moving of buildings.
All shade or ornamental trees upon or in front of or adjoining any property, the limbs or branches of which hang so as to interfere with pedestrians passing along the street.
No building or premises in any part of the City shall be used for any trade, industry or purpose that is noxious or offensive by reason of emission of odor, smoke, gas, fumes or noise or that is detrimental to the public health, safety or welfare.
Unlawful To Cause, Maintain Within City 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 City of Appleton City or within one-half (1/2) mile of the corporate limits of the City of Appleton City, 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 is a separate offense.
Authority To Abate Emergency Cases. 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 a nuisance, the Mayor or his/her designate shall have the authority to order the Chief of Police or Health Officer or other City Official to immediately abate the nuisance in an appropriate manner.
Abatement — Procedure Generally. Whenever the Board of Aldermen receives notification that a nuisance may exist, it shall proceed as follows, except as may be otherwise provided herein:
The City Police or other City Official designated by the Mayor shall investigate the alleged nuisance and determine if a nuisance exists. If it is determined that a nuisance exists, the property owner and tenant (if applicable) shall be notified of said nuisance in a manner consistent with this Section. Said notice shall identify the nuisance and required abatement as determined by the City Official, with said abatement not required to occur in less than ten (10) days if they wish to appeal the determination of a nuisance and have the matter heard by the Board of Aldermen. If the parties decline to request a hearing then the City may unilaterally initiate a hearing; however, the City is under no obligation to initiate a hearing and may proceed with abatement consistent with this Section without further notice. The Board may order any person who has caused or is maintaining the nuisance to appear before the Board at such time and place as the Board may direct to show cause, if any, why that person should not abate the nuisance. Every person required to appear before the Board shall have at least ten (10) days' notice thereof.
[Ord. No. 2016-10, 12-12-2016]
Such notice shall be signed by a designated City building inspector and shall be served upon that person by delivering a copy thereof to the person, or by leaving a copy at his/her residence with some member of the family or household over fifteen (15) years of age, mailing a copy to such person at such place or address by certified mail, or upon any corporation by delivering the copy thereof to the President or to any other officer at any business office of the corporation within the City. If the notice cannot be given for the reason that the person named in the notice or his/her agent cannot be found in the City, of which fact the return upon such notice of the officer serving the same shall be conclusive evidence, such notice shall be published in a daily newspaper for three (3) consecutive days, if a daily, or once, if a weekly paper, giving at least ten (10) days' notice from the final publication date of the time fixed for the parties to appear before the Board.
[Ord. No. 2016-10, 12-12-2016]
If after hearing all the evidence the Board of Aldermen may determine that a nuisance exists, it may direct the Chief of Police or other City Official to order the person to abate the nuisance within twenty (20) days or within such other time as the Board may deem reasonable. Such order shall be served in the manner provided in this Section for service of the order to show cause. The order may further provide that the appropriate City Official be directed to abate the nuisance if the order is not obeyed within the time period set by the Board, and that a special tax bill be issued for the costs of abating the nuisance.
If the order has not been obeyed within the time period set by the Board, the appropriate City Official shall proceed to abate the nuisance in the manner provided by the order of the Board, and the cost of same, if ordered by the Board, may be assessed as a special tax against the property so improved or upon which such work was done; and, if so ordered, the City Clerk shall cause a special tax bill therefor against the owner thereof when known, and if not known then against the unknown persons, and the certified bills of such assessment shall describe therein the property upon which the work was done.
The bills for the above work shall be recorded and shall be collected and paid as provided for the collection of other special tax bills for the repairing of sidewalks or grading or paving of streets and shall be a lien on the property.
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.
[Ord. No. 039 B §§1 — 3, 1-57]
It is hereby found and determined that all cesspools, outhouses and privy vaults constitute a danger to the public health, safety and welfare of said City and its inhabitants, and all such cesspools, outhouses and privy vaults are hereby declared to be public nuisances and the maintenance of the same within the limits of the City of Appleton City, Missouri, is hereby prohibited, except with respect to property which cannot be served by the sewerage system of said City.
Any owner of property upon which there is located any building used for human habitation or occupancy shall be required to make connection with the sewerage system of said City for the disposal of all human and other sewerage, provided sewerage service is available to said property.
Permits for the construction or repair of any building shall be granted only on evidence that the applicant has complied with the provisions of this Section.
[Ord. No. 2013-17, 11-12-2013; Ord. No. 2015-2, 3-10-2015]
The regulations of this Section are intended to prohibit the accumulation of junk, debris, building materials, used furniture, or other waste items or the repair, restoration, assembly, disassembly, storage or standing of any inoperable vehicle where it is visible and uncovered from surrounding property or roads.
Definitions. For the purpose of this article, the following words and phrases shall have the meanings respectively ascribed to them:
- DERELICT VEHICLE
- A discarded, dismantled, wrecked, scrapped, or ruined motor vehicle or parts thereof, an unregistered motor home or mobile home not connected to water and/or sewer, or a vehicle other than an on-premise utility vehicle which is allowed to remain unregistered for a period of thirty (30) days from the date of discovery.
- Any metal, glass, paper, rags, wood, machinery parts, cloth, or other waste or discarded material of any nature or substance whatsoever, or scrap or salvage materials.
- Any machine propelled by power other than human power designed to travel along the ground by use of wheels, treads, runners, or glides, including but not limited to automobiles, trucks, trailer, motorcycles, motorized bicycles, tractors, buggies, and wagons or any part thereof.
Determination Of Junk Or Debris Status. Piles or accumulation of junk or debris shall be determined to be a nuisance when any one (1) or more of the following conditions exist:
Accumulation of junk, debris, building materials, used furniture, household trash, tires, barrels or other waste items appear on any property which has the potential to:
The burial of trash or debris is considered to be operating a landfill and is subject to all regulations regarding waste-related use.
Any complaint regarding the accumulation of junk, debris, trash, building materials, used furniture, derelict vehicles or other waste items located on property within the City of Appleton City be processed by:
Upon completion of the inspection, the formal complainant, and/or designee will:
Make a determination that there was no violation of this Section.
Contact the person reporting the problem and give him/her the results of his/her investigation.
Make a determination that there is a violation of this Section.
Notify in person, and/or leave a written notification to the owner of the property on which the violation is occurring.
At the end of the allotted time, the property will be inspected for compliance.
If not in compliance, and after notification to the property owner and investigation by the investigating officer, a summons will be issued at that time, and the complaint will be turned over to the Appleton City Prosecutor for prosecution.
Each incident of a complaint, after notification to the property owner and investigation by the City of Appleton City, shall be considered a separate violation.
Determination Of Vehicle Status And Removal.
Inoperable. A motor vehicle shall be determined to be inoperable when any one or more of the following conditions exist:
Storage. Inoperable motor vehicles shall not be stored, nor shall they be allowed to stand on a City right-of-way, and or City street in any manner except as follows:
In a legally established and conforming wrecking or salvage yard.
In a fully enclosed storage structure, such as a garage or barn.
Where it is covered and/or not visible from adjacent roads or property.
Violation and penalty. Any owner, occupant, person, corporation, partnership, or association in control of any lot or parcel of land that meets Section 215.010 who shall fail to comply with any of the provisions of this City Ordinance shall, upon conviction thereof, be fined in any such instance not exceeding five hundred dollars ($500.00). Each day of violation shall constitute a separate offense.
Removal of junk, trash, or derelict vehicles.
The City will remove such junk, trash, or derelict vehicles from the said property if they meet the above criteria defined in Section 215.017. The junk, trash or derelict vehicle will be towed/removed from the location of the violation at the owner's expense.
The owner of the said junk, trash or derelict vehicle will be responsible for paying the storage and tow/removal bill. Prior to releasing the junk, trash or derelict vehicle, the owner must produce a current registration and proof of financial responsibility before the vehicle can be released by the towing company.
Sale of Property by the City. If the vehicle, part or junk is unredeemed at the expiration of thirty (30) days the Chief of Police or other City Official designated by the Mayor may sell it to the highest bidder, or if it has no sale value may otherwise dispose of it. If the City opts to sell the property, it may transfer ownership by means of a bill of sale signed by the City Clerk and sealed with the official City seal. Such bill of sale shall contain the make and model of abandoned property, the complete abandoned property identification number and the odometer reading of the abandoned property if available shall be lawful proof of ownership for any dealer registered under the provisions of Sections 301.218 or 301.560, RSMo., or for any other person. Any dealer or other person purchasing such property from the City shall apply within thirty (30) days of the purchase for a certificate. Any money received from disposal of any vehicle, part or junk shall be applied to the expenses charged to the owner; provided however, that if the owner cannot be found within thirty (30) days of such sale the surplus shall become the property of the City.
Notice of sale. Prior to the sale of any such property the Chief of Police or other City Official designated by the Mayor shall cause to be published in a newspaper of general circulation within the City a notice of sale stating:
That the City is selling abandoned property;
The color, make, motor number and serial number, if available, and any other information necessary for an accurate identification of the property;
The terms of the sale; and
The date, time and place of the sale. This notice shall be posted not less than ten (10) nor more than thirty (30) days prior to the date of sale.
Insider sale. No City officer or employee shall acquire at any such sale any property seized pursuant to this Section.
Proceeds of public sale. When property located within the corporate limits of the City is authorized to be towed away by the Mayor or building inspector and disposed of as set forth in this Section, the proceeds of the public sale or disposition after the deduction of towing, storage and processing charges shall be deposited in the municipal treasury.
[Ord. No. 2016-12, 12-12-2016]
[Ord. No. 2015-3, 3-10-2015]
Failure To Keep Weeds, High Grass And Other Vegetation Cut And Removed. A Nuisance. All persons owning or occupying any lot or tract of land in the City shall keep the weeds, high grass and other vegetation growing on such property cut and removed. Whenever such weeds, high grass or other vegetation shall attain the height of eight (8) inches, it shall be deemed a public nuisance.
Unlawful To Maintain Such Nuisance. It shall be unlawful for any person to create or maintain a nuisance as defined in Subsection (A). It shall be unlawful for any person to resist or obstruct the City Police, authorized City employee of the City, or a private contractor retained by the City abating the nuisance as defined in Subsection (A).
Liability. Whenever weeds, high grass or other vegetation in violation of Subsection (A) of this Section are allowed to grow in excess of eight (8) inches in height on any part of any lot or ground within the City, the owner of the ground or, in case of joint tenancy, tenancy by entireties or tenancy in common, each owner thereof shall be liable.
Notice. If requested by the owner or owners, or the owner's agents, or a tenant, the City Police or other City Official designated by the Mayor shall give a hearing after at least ten (10) days' notice thereof either personally or by United States mail to the owner or owners, or the owner's agents, or a tenant, or by posting such notice on the premises; thereupon, the City Police or other City Official designated by the Mayor may declare the weeds, high grass or other vegetation to be a nuisance and order the same to be abated within five (5) days. If the parties decline to request a hearing then the City may unilaterally initiate a hearing; however, the City is under no obligation to initiate a hearing and may proceed with abatement consistent with this Section without further notice.
[Ord. No. 2016-11, 12-12-2016]
Disposition. In case the weeds, high grass or other vegetation are not cut down and removed within the five (5) days, the City Police or other City Official designated by the Mayor shall have the weeds, high grass or other vegetation cut down and removed and shall certify the costs of same to the City Clerk.
If the City is required to abate the nuisance the following costs shall be assessed:
For each piece of mechanical equipment, together with its operator, per hour or fraction thereof, seventy-five dollars ($75.00).
For each additional employee, with non-mechanical equipment, per hour or fraction thereof, twenty-five dollars ($25.00).
An additional twenty percent (20%) for administrative and processing costs associated with such abatement.
If the City retains the services of a private contractor, the actual costs billed to the City plus an additional twenty percent (20%) for administrative and processing costs associated with such abatement.
Tax Bill. The City Clerk and/or Treasurer 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. Such tax bills, if not paid when due, shall bear interest at the rate of eight percent (8%) per annum.