[CC 1977 §16-17]
No person shall permit, cause, keep, maintain or do any nuisance
or contribute to the same as defined by the laws of this State, provisions
of this Code or the ordinances of the City or cause or permit to be
committed, caused, kept, maintained or done or contribute to the committing,
causing, keeping or maintaining any such nuisance within the corporate
limits of the City or within one-half (½) mile of the corporate
limits of the City.
[CC 1977 §16-18; Rev. Ords. 1939 Ch. 17 Art. 1 §§21,
45 Art. 3 §§1 — 3; Ord. No. 2284 §1, 8-26-1996; Ord. No. 2512 §1, 6-22-1998; Ord No. 2907 §§1 — 2, 3-7-2005; Ord. No. 2914 §1, 4-18-2005; Ord. No. 3072 §1, 2-2-2009]
A.
The
following are hereby declared, defined and deemed to be nuisances
for the purposes of this Article; provided however, that the following
shall not be deemed to be exclusive:
1.
All substances which emit or cause foul, obnoxious, unhealthful or
disagreeable odor or effluvia in the neighborhood where they exist.
2.
All carcasses of animals remaining exposed for twelve (12) hours
after death.
3.
Any growth of weeds, grasses or bushes to a greater height than twelve
(12) inches; provided that this shall not apply to planted and cultivated
flowers, shrubbery or other landscaping.
Exception: In agricultural zoned properties,
or properties used for agricultural, there shall be no weeds, grasses
or bushes over twelve (12) inches in height a minimum distance of
twenty (20) feet from any adjoining property line, street or alley.
4.
All slop, foul or dirty water, filth, refuse or offal discharged
in or upon any street, avenue, sidewalk, alley, park, public square
or public enclosure or allowed to accumulate there or in a pond or
pool.
5.
All articles or things whatsoever caused, kept, maintained or permitted
by any person to the injury, inconvenience, danger, detriment or annoyance
of the public health, safety or welfare.
6.
The keeping or allowing to remain on any premises any trees, shrubs
or other vegetation infected with fungus or other diseases that will
or might spread to other non-infected trees, shrubs or other vegetation.
7.
Any silt caused by water flows which is deposited on downstream property
thereby covering or obstructing land, including land normally covered
by standing water.
8.
Any writing, painting, drawing, marking, inscription, or figure of
the type which a reasonable person would deem "graffiti" upon any
wall, rock, bridge, building, fence, gate, other structure, tree or
other real or personal property, either publicly or privately owned
within the City.
9.
Contractor, builder, developer, or owner, etc.
a.
Any contractor, builder, developer, or owner and/or his/her employees
and/or subcontractors who deposit, spill, drop or track any dirt,
earth, mud, rock, sand, shale, concrete, debris, rubbish or other
material on any street or sidewalk shall immediately remove the material
from the street or sidewalk. Erosion of soil which flows onto any
street, sidewalk, right-of-way, gutter, storm sewer, waterway or drainage
way from property before or during construction shall be considered
as depositing dirt, earth, mud, rock, sand, shale, concrete, debris
or other construction debris. If the contractor, builder, developer,
or owner and/or his/her employees and/or subcontractors fail to immediately
remove the dirt, earth, mud, rock, sand, shale, concrete, debris,
rubbish or other material from the street or sidewalk, the Director
of Codes Administration or their designee may take any or all of the
following actions: Issue a Stop Work Order; Discontinue all inspections
for any site contributing to the violation; Withhold certificate(s)
of occupancy, including temporary certificates of occupancy(s), or
Issue a citation for any site contributing to the violation.
b.
Additionally, failure to immediately remove said material from the street or sidewalk is a violation of this Subsection of the City of Harrisonville Code of Ordinances and is punishable under Section 100.200 of the City of Harrisonville Code of Ordinances as set forth in the City's Comprehensive Schedule of Fees.[1] Each offense is also subject to imprisonment for not more
than ninety (90) days. At the Director of Codes Administration's discretion,
a report of a violation of this Section shall be forwarded to the
City's Prosecuting Attorney for legal remedy. Each day's violation
shall be considered a separate offense.
[Ord. No. 3650, 5-1-2023]
[1]
Editor's Note: The Comprehensive Schedule of Fees is on file
in the City offices.
[Ord. No. 2907 §3, 3-7-2005]
A.
The
following is defined, declared, and deemed to be a nuisance for the
purposes of this Section:
1.
It shall be unlawful for any person residing in or having charge
or control of any property within the City of Harrisonville to leave
or permit to remain outside of any dwelling any household appliances
or household furniture in such a manner that the same are exposed
to the elements.
2.
Household appliances and household furniture are defined as those
items routinely used within a household that have no weatherproofing
qualities.
3.
Elements is defined as those aspects of inclement weather conditions
for which such items are not designed nor intended to function or
exist for extended periods of time such as rain, wind, and temperature
extremes normally associated with outdoor conditions.
4.
Exposed is defined as circumstances under which such item will experience
excessive wear and tear due to their location out of doors and/or
encourage the harboring of rodents and/or mosquitoes, and/or materials
which generate obnoxious odors and/or become an electrical shock hazard,
provided however, that exposed shall not include the interior of any
fully enclosed porch (including without limitation, a porch enclosed
by screening material) that cannot be accessed from outside except
through a closed door, and shall not be considered outside for the
purposes of this Section.
5.
The following shall constitute specific defenses to any alleged violation
of this provision:
a.
That such furniture was placed in an outside location in order to
allow it to be moved during a move of a resident or residents or removed
as part of a trash or recycling program on a day scheduled for such
moving or removal.
b.
That such furniture was temporarily placed in an outside location
in order that it is offered for sale at a yard or garage sale if each
of the following exists:
(1)
The furniture is located in an outside location only during
the hours of 7:00 A.M. and 9:00 P.M.
(2)
The person attempting to sell the furniture, or that person's
agent, is outside during the period of the yard or garage sale in
order to monitor the sale.
(3)
A sign is placed on or near the furniture indicating that it
is for sale.
(4)
This defense shall not apply if upholstered furniture is located
in an outside location for more than six (6) days in one (1) year
pursuant to Section 215.755.
[CC 1977 §16-19]
Whenever the City Administrator shall ascertain or have knowledge
that a nuisance exists in or upon any house, building, lot or premises
within the City or within one-half (½) mile of the corporate
limits of the City, he/she shall, in writing, notify the owner or
person occupying or having possession and control of such house, building,
lot or premises to abate or remove such nuisance within a time to
be specified in such notice; provided however, that when the owner
of the property is a non-resident of the City and no person occupies,
possesses or controls such building, lot or premises, notice shall
be posted on the property to fulfill the requirements of this Section.
[CC 1977 §16-20; Ord. No. 2490 §1, 4-13-1998]
It shall be unlawful for any person to fail or neglect or refuse
to obey and comply with the provisions of any notice issued under
the provision of this Article within the time therein specified. In
addition to any and all remedies and actions available to the City
pursuant to this Article or any other law, rule or regulation, the
Board of Aldermen may direct the City Attorney to file a civil cause
of action for abatement of any nuisance created by the accumulation
of unsightly, dangerous or noxious personal property within the City
limits. The City Attorney shall make application for all reasonable
attorney's fees incurred in connection with such action.
[CC 1977 §16-21; Ord.
No. 3503, 8-3-2020]
A.
If
the owner or person occupying or having possession and control of
any premises upon which a nuisance exists in violation of this Article
does not abate the same within the time stated in the notice to abate
such nuisance, the City may enter upon such premises and abate such
nuisance. The costs and expenses of such abatement by the City shall,
like taxes, be a first (1st) lien on the property affected thereby
until paid.
B.
In
any case where a provision of this Code is found to be in conflict
with a provision of any other ordinance or other legislation of the
City existing on the effective date of this Code, the provision which
establishes the higher standard for the promotion and protection of
the safety, welfare and health of the people shall prevail. If any
part of this Chapter should be declared invalid for any reason, such
decisions shall not affect the remaining portions of this Code.
