[CC 1994 §74.030; Ord. No. 09.37 §1, 12-14-2009; Ord. No. 10.22 §1, 9-13-2010]
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 fly-tight, 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 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 Oronogo.
11.
Any vehicle used for garbage or rubbish disposal which is not equipped
with a water-tight 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 Oronogo and the Statutes
of the State of Missouri.
15.
No person shall discharge or cause to be discharged into a storm
water 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.
Any stable, stall, shed or compartment, or any yard or appurtenance
thereof, in which any horse, cattle, cows, swine, dogs, rabbits, or
any other animal, chickens or any other fowl shall be kept, or any
place in which manure or liquid discharges of such animals shall collect
or accumulate, and which stable, stall, shed or compartment or any
yard appurtenance thereof is not kept in a clean or wholesome condition,
so that no offensive smell shall be allowed to escape therefrom. Nothing
in this Article shall be so construed as to include manure deposits
upon any private property for the purpose of cultivating the same.
17.
The accumulation upon any premises, lot or parcel of ground, or the
discharge thereof upon any public street, alley, sidewalk or other
public place, or upon any private property, of urine, liquid waste
from stables, swill, water from privy vaults, wastewater, filthy wash
water, or any foul or nauseous liquid waste of any kind whatsoever.
18.
The accumulation or existence upon any premises, lot or parcel of
ground of any putrid or unsound meat, pork, fish, hides, decayed vegetables
or food, manure, filthy ash heaps, garbage, offal, rubbish, dirt or
filth of any kind which, by its decay or putrefaction, could or would
become offensive to human beings or detrimental to health, or which
by its existence might harbor rats or other rodents.
19.
The throwing or depositing, or causing to be deposited, in any street,
alley or other public place or on any private property of any garbage,
refuse, filth, debris, offal, the carcass of any animal or part thereof,
any filthy water or manure or other offensive matter, or causing or
permitting such or any offensive matter to collect or remain in any
place to the prejudice or annoyance of others.
20.
The standing of vehicles which are laden with any foul or nauseous
thing, liquid or substance, or any refuse, filth, offal or other trash
or rubbish anywhere in the City for a period of time longer than reasonably
necessary for loading and unloading.
21.
Any unclean, stinking, foul, odorous or filthy drain, ditch, tank
or gutter, or any leaking, broken slop, garbage or manure, boxes or
receptacles of like character.
22.
The throwing or depositing, or causing to be deposited, into any
sewer inlet or fixture which has a sewer connection any article whatever
that may cause the sewer to choke up or otherwise interfere therewith.
23.
Any water leakage, seepage, or moisture in any cellar, basement,
or part thereof, of any house or building occasioned by leakage from
defective hydrants, water pipes, sewer pipes, cisterns, wells, gutters,
drains, rainspouts or seepage from the surrounding earth.
24.
Any open, uncovered or unprotected well or cistern on any premises,
or any well or cistern containing water which an analysis discloses
to be impure or unwholesome in nature.
25.
Any water accumulating and remaining, continuing or stagnating upon,
in or about any lot, tract, or piece of ground, or any barrels, buckets,
kegs, tubs, cans or vessels of any kind whatsoever caused or permitted
to be thrown, placed, or remain upon any lot, property or grounds
in the City that might, could or would catch, hold, contain or retain
water in which mosquitoes or insects, bugs, worms, or living creatures
might be bred, hatched, raised or allowed to remain or accumulate.
26.
Every privy, privy vault, cesspool or water closet, or leaking, full,
insecure or defective condition, or kept in such condition as to emit
any offensive, noxious or disagreeable odor.
27.
The erection, continuance or use of any building, room or other place
in the City for the exercise of any trade, employment or manufacture,
which by occasioning noxious exhalations, offensive odors discomforting,
offensive or detrimental to the health of individuals or the public.
28.
Ashes, cinders, slops, filth, excrement, sawdust, stones, rock, dirt,
straw, soot, sticks, shavings, oyster shells, cans, dust, paper, trash,
rubbish, manure, refuse, offal, wastewater, chamber lye, fish, putrid
meat, entrails, decayed fruit or vegetables, broken ware, rags, old
china, old iron or other metal, old wearing apparel, all animal and
vegetable matter, all dead animals, or any other offensive or disagreeable
substance or thing which is thrown, left or deposited, or caused to
be left thereon, or deposited by any person, or in or upon any street,
avenue, alley, sidewalk, parking, or other public way, or in or upon
the public square, or any public enclosure or any lot (vacant or occupied)
or any pool or pond of water.
29.
Depositing or draining sewage and wastewater from dwelling houses
or other buildings upon any lot or tract of land or public street.
30.
Allowing or permitting sewage or wastewater from any cesspool, septic
tank or the laterals or sewage lines therefrom to rise, seep or pass
to the surface of the land adjacent thereto.
31.
All dilapidated and unsightly or unsanitary buildings or parts thereof,
foundations or excavations therefore, or buildings in such condition
to be unfit for habitation, or that may be dangerous to the public,
or that may be injurious to the public health, located upon either
residence or commercial property.
32.
Any obstruction to a culvert, or growth of weeds, brush, fallen leaves,
trash, or accumulation of any other material in the unimproved City
right-of-way; and/or area between the improved roadway, if any; and/or
the private property line, including all ditches and watercourses;
to such a quantity or quality as to render such area dangerous or
ineffectual for the transport of storm water; or to otherwise be in
violation of the Code of Ordinances of the City so as to create a
nuisance.
33.
The erection or maintenance of a fence, privacy fence, or other man-made
obstruction, or encroachment upon a dedicated public utility or storm
water easement to such an extent that it is determined to impact the
ability to maintain or repair public utilities located thereon.
34.
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
Oronogo.
35.
The open storage of furniture and appliances including furniture,
bedding, refrigerators, freezers, heating stoves, kitchen ranges,
laundry, dishwashing equipment, air-conditioning units, or any other
such appliances, articles or equipment designed for use inside a dwelling
unit, if stored, placed, or set upon the ground or on any open porch.
[Ord. No. 16-10 §1, 5-23-2016]
36.
Any partially dismantled, wrecked, junked, discarded or otherwise
non-operating motor vehicle remaining upon any public or private premises
within the City not in an enclosed building or so located upon the
premises as not to be readily visible from any public place or from
any surrounding private property.
[Ord. No. 21-47, 11-22-2021]
B.
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 Oronogo or within one-half (½) mile of the corporate limits
of the City of Oronogo, 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.
C.
Abatement Generally.
1.
Abatement of nuisance—Abatement Officer. Whenever
the Abatement Officer for the City shall ascertain or have knowledge
that a nuisance exists on any premises in the City, 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 City Clerk to cause a copy of the aforesaid notice to be published
in a newspaper of general circulation in the County where the City
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 City or any of its inhabitants, the City
is authorized to abate such nuisance without notice and may use any
suitable means or assistance for that purpose, whether by employees
of the City 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 City, 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 City 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 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.
5.
Right of entry. Any person or contractor employed
by or under contract with the City 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 City or with any representative
of the City 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
City, he/she may instead of entering a finding remand the matter to
the Board of Aldermen and the City 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 Aldermen 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 City Board of
Aldermen 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 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.
