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 Chaffee.
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 Chaffee 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.
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
Chaffee.
17.
The storage of any tire upon premises within the City in such a manner
that the tire is exposed to the elements of nature is hereby declared
to be a nuisance which is subject to abatement at the expense of the
owner of such premises as provided by law.
[Ord. No. 215.010, 9-6-2022]
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 Chaffee or within one-half (½) mile of the corporate limits
of the City of Chaffee, 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 person(s) 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 ten (10) 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.
[Ord. No. 215.010.C.1, 215.040-215.050, 5-18-2020]
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 or 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 City Council 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 City Council 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 Council 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.
[CC 1978 §225.055; Bill No. 00-17(225.055), 10-2-2000]
Where, pursuant to Section 215.010, the City is required to prevent, abate or remove a nuisance, the City shall be entitled to a fee of fifty dollars ($50.00) per man per hour for each hour as is required by the City to prevent, abate or remove the nuisance plus an additional sum equal to the cost of repair of any City equipment which may become damaged or destroyed as a result of preventing, abating or removing such nuisance. Such fee is to be paid by the owner or owners of the property whereupon such nuisance exists and the amount shall be a special tax and levy in accordance with the provisions of Section 215.010 of the City ordinances of the City of Chaffee.
[1]
State Law Reference — For similar provision, §71.285,
RSMo.
[CC 1978 §245.060; Ord. No. 2002-16, 6-17-2002]
A.
The
presence of junk, high weeds, brush and other rank vegetation, excluding
shade trees, ornamental shrubs, fruit trees, domesticated berry bushes
and vines on lots and pieces of land within the City, constitute a
menace to the public safety, health and welfare by reason that such
conditions may:
1.
Cause a fire hazard.
2.
Furnish cover for prowlers.
3.
Create a nuisance with a potential danger of injury on rocks, debris,
holes and other obstructions covered by excess growth.
4.
Obstruct visibility at street intersections.
5.
Result in the aggravation of allergies.
6.
Furnish a potential harborage or breeding place for disease-carrying
insects, arthropods, animals and poisonous snakes.
B.
As used in Sections 215.020 through 215.080 the word "junk" shall mean any metal, glass, paper, rags, wood, machinery parts,
cloth or other waste or discarded materials of any nature or substance
whatsoever, or any scrap or salvage materials, weed cuttings, cut
and fallen trees and shrubs, 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
materials which may endanger public safety, or any material which
is unhealthy or unsafe.
[CC 1978 §245.061; Ord. No. 2002-16, 6-17-2002]
The presence of junk or the growth of weeds, brush or rank vegetation shall constitute a public nuisance when, in the opinion of the Chief of Police or his/her designated Nuisance Officer, any such junk or growth on any lot or piece of land may substantially endanger the health, safety or welfare of the public, having considered those hazards enumerated in Section 215.020.
[CC 1978 §245.062; Ord. No. 2002-16, 6-17-2002; Ord. No. 215.010.C.1, 215.040-215.050, 5-18-2020[1]]
The growth of weeds, brush or other rank vegetation in excess
of eight (8) inches in height is declared to be a public nuisance,
per se, detrimental to health, safety and welfare of the public.
[1]
Editor's Note: Ord. No. 215.010.C.1, 215.040-215.050 also
changed the title of this Section by removing "Twelve" and replacing
it with "Eight."
[CC 1978 §245.063; Ord. No. 2002-16, 6-17-2002; Ord. No. 215.010.C.1, 215.040-215.050, 5-18-2020[1]]
It shall be unlawful for the owner, lessee or agent in control of any lot or piece of land within the City to allow junk to accumulate or weeds, brush or rank vegetation to attain a height greater than eight (8) inches on such land or lot. In the case of joint tenancy, tenancy by entireties or tenancy in common, each owner thereof shall be severally liable. Any person violating this Section shall be subject to the penalties as provided in Section 100.220 of the City ordinances of the City of Chaffee.
[1]
Editor's Note: Ord. No. 215.010.C.1, 215.040-215.050 also
changed the title of this Section by removing "Twelve" and replacing
it with "Eight."
[CC 1978 §245.064; Ord. No. 2002-16, 6-17-2002]
A.
Whenever the Chief of Police and/or his/her appointed Nuisance Officer is informed and determines that a nuisance, per se, exists under Section 215.040 or shall determine that a nuisance exists as provided by Section 215.030, he/she shall notify the owner or owners or his/her or their agents that a hearing will be held at the Police Department at a time and on a date not less than ten (10) days from the date of giving notice to determine whether a nuisance exists and whether the circumstances will be declared and determined to be a nuisance. The notice provided for herein shall be given by any of the methods set forth hereinbelow in Subsection (C).
B.
At the conclusion of the hearing the Chief of Police or his/her appointed Nuisance Officer may declare the accumulated junk and/or the weeds and vegetation to be a nuisance and order that the same be abated within five (5) days. Notice of the determination and the time period for abatement of the nuisance shall be given to the owner or owners or his/her or their agents in any manner as provided for in Subsection (C) herein.
C.
Any
notice required to be given to an owner or owners or his/her or their
agents may be given by any of the following methods:
1.
Delivery of the notice personally to any owner;
2.
Depositing the same in the United States mail, postage prepaid, addressed
to any owner of the property at the address maintained by the Collector
of the City of Chaffee for the purpose of mailing real estate tax
statements;
3.
Posting the notice in a conspicuous location on the property where
the violation exists provided that the property is not occupied and
the owner is unknown or cannot be located.
D.
If
the nuisance is not abated within five (5) days from the date the
notice is given as provided herein, then the Chief of Police or his/her
appointed Nuisance Officer shall notify the City Administrator who
shall direct the Director of Public Works to cause such nuisance to
be abated by whatever reasonable means are necessary.
[CC 1978 §245.065; Ord. No. 2002-16, 6-17-2002]
A.
Whenever the Director of Public Works abates a nuisance under the provisions of Section 215.060, there shall be a minimum charge for the expenses incurred by the City for the abatement of the nuisance. The charge for abatement shall be as established in Section 215.015 of the City ordinances.
In abatement cases under Section 215.060, the Director of Public Works shall certify the costs of abatement to the City Collector and the City Clerk. The owner of the property at the time the nuisance was abated shall be personally liable to the City for the costs of the abatement which shall be a first (1st) lien upon the tract of land where the nuisance was abated until paid in full.
The City Clerk shall cause a special tax bill for the amounts
certified by the Public Works Director to be prepared and to be collected
by the Collector with other taxes assessed against the property. The
special tax bill from the date of its issuance shall be a first (1st)
lien on the property until paid and shall be prima facie evidence
of the recitals therein and of its validity and no mere clerical error
or informality in the same, or in the proceedings leading up to the
issuance, shall be a defense thereto. This special tax bill shall
be due thirty (30) days from the date of its issuance.
Each special tax bill issued hereunder shall be issued by the
City Clerk and delivered to the City Collector. Such special tax bills
if not paid when due shall bear interest at the rate of eight percent
(8%) per annum. The special tax bill shall be added to the annual
real estate taxes for the tract of land where the costs of abatement
were incurred. If the certified costs are added to the annual real
estate tax bill for the property and not paid, the real estate taxes
shall be considered delinquent, and the collection thereof shall be
governed by the laws applicable to delinquent real estate taxes.
B.
The City Collector shall notify any owner of the tract of land of the issuance of the special tax bill and that the costs of the abatement will be added to the annual real estate taxes assessed against the property. The notice shall provide the manner of determination of the costs of abatement and the assessment shall become final, unless the owner of the tract of land files a written request for a hearing within ten (10) days after the giving of the notice, which request shall set forth the grounds upon which the owner contends that the assessment is invalid or erroneous. If a hearing is requested, the Collector shall hold a hearing with the representatives of the City and the owner. The parties shall be given the opportunity to present information to the Collector concerning the assessment. After such hearing, the Collector may cancel or modify any assessment or affirm the assessment. The Collector shall give the owner notice of the Collector's decision in writing. Any notice to be given to the owner shall be given in accordance with any of the methods set forth in Subsection (C) of Section 215.060.
C.
If extraordinary junk removal and weed and vegetation maintenance procedures are required to abate the nuisance under the provisions of Section 215.060, the actual expenses incurred by the City for the abatement of the nuisance shall be charged to the person in charge of the parcel of land in addition to the owner.
D.
For
purposes of this Section, the term "extraordinary junk removal
and weed and vegetation maintenance procedures" shall be
deemed to mean the required use of heavy construction equipment such
as motor graders, crawler-tractors, wheel loader and/or track-type
loaders. Actual expenses are deemed to include all administrative
costs, including costs incurred in renting such equipment; the cost
of fuel, oil, lubrication, filters and repair or replacement of parts,
including tires, when such repair or replacement is not a result of
normal wear and tear; the per mile cost of dump trucks used in hauling
away the rank vegetation; and all labor costs.
[CC 1978 §245.066; Ord. No. 2002-16, 6-17-2002]
No proceeding in the Municipal Court for prosecution of a violation of Section 215.050 shall prohibit or be any bar to a proceeding by the City under the provisions of Sections 215.060 and 215.070, nor shall any proceedings by the City under Sections 215.060 and 215.070 prohibit or be any bar to a proceeding in Municipal Court for the prosecution of a violation of Section 215.050.
[CC 1978 §245.055; Bill No. 2006-22(245.055), 10-2-2006; Ord. No. 100.2014, 10-19-2020[1]]
A.
Any owner, lessee or occupant, or any agent, servant, representative or employee of such owner, lessee or occupant, having control of any tract of ground or lot or any part of any lot where the same abuts a public right-of-way or easement belonging to the City of Chaffee, or any public entity, and there exists in such right-of-way or easement brush, lawn or grassy area between the private property line and the mid line of said right-of-way or easement, then such area shall be considered, for purposes of Sections 215.020 through 215.080 of the City ordinances (requiring cutting of grass and weeds) to be a part of the private lot or tract of and which abuts the right-of-way or easement. It shall be the duty of those responsible under this Section for the maintenance of the private lot to equally maintain the lawn or grassy area within the abutting right-of-way or easement, and all of the provisions of Sections 215.020 through and including 215.080 shall apply with equal force and effect to said area.
[1]
Editor's Note: Ord. No. 100.2014 also changed the title of
this Section from "Weeds and Grass — Adjoining Right-Of-Way
— Penalty" to "
