[R.O. 2001 § 220.010; CC 1984 § 68.030(3,5,7
— 9,11); Ord. No. 772 § 1, 2-6-1992; Ord. No. 773 §§ I, III, 6-4-1992]
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.
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.
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 semi-public 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
City of Memphis.
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 City
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 City of Memphis 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 interfere 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 City of
Memphis.
17.
Any open, uncovered or unprotected well or cistern on any premises.
B. Unlawful To Cause, Maintain Within City Or One-Half (1/2) Mile Thereof.
1. 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 Memphis, or within one-half (1/2) mile of the corporate
limits of the City of Memphis, 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.
2. Each day that a nuisance shall be maintained is a separate offense.
C. 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 Marshal
or Health Officer or other City Official to immediately abate the
nuisance in an appropriate manner.
D. 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:
1.
It Shall Investigate The Same. 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.
2.
Such notice shall be signed by the Marshal 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, 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.
3.
If after hearing all the evidence the Board of Aldermen may
determine that a nuisance exists, it may direct the Marshal 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.
4.
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 written order of the City Marshal
in accordance with the terms prescribed in such order. Said order
shall require the removal or discontinuance of said nuisance or in
the event said nuisance does not create a public health hazard, said
order may provide for the erection of appropriate fences, blinds or
other visual barriers so as to make the nuisance no longer viewable
by the general public.
5.
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.
6.
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.
7.
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.
[R.O. 2001 § 220.020; CC 1984 § 68.120]
Nothing in this Article 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.