[R.O. 2009 § 235.010; R.O. 2007
§ 255.010; Ord. No. 2163, 11-7-2000; Ord. No. 2533, 2-10-2005; Ord. No.
2943 § I, 7-8-2010; Ord. No. 2994 § I, 7-14-2011; Ord. No. 3213 § I, 6-9-2015]
A.
Pursuant to all applicable provisions of the Revised Statutes of Missouri, the following conditions are hereby declared to be public nuisances, subject to abatement as provided in the following Sections. The conditions listed in this Section 235.010 are not intended to be an exhaustive list of conditions that may constitute a nuisance. Nuisances may also be determined by reference to other provisions of this Code, or by reference to the statutory or common laws of the State.
B.
Debris/Nuisance Defined. Debris or nuisance
conditions include the following:
1.
Weed cuttings and grass clippings
that are placed in piles and not properly disposed of;
2.
Dead trees, cut and fallen trees
and shrubs, including piles of limbs, logs, brush, and firewood piles
that are not neatly stacked in the side or rear yard;
3.
Overgrown vegetation and noxious
weeds;
a.
Overgrown vegetation and noxious
weeds which are twelve (12) inches or more in height on any developed/occupied
commercial or residential lot or any undeveloped/unoccupied commercial
or residential lot that is less than two (2) acres;
b.
Overgrown vegetation and noxious
weeds which are twelve (12) inches or more in height on undeveloped/unoccupied
commercial or residential lots that are two (2) acres or larger where
they are located within fifty (50) feet of the perimeter of a developed/occupied
lot. [This fifty (50) feet shall be maintained to a height less than
twelve (12) inches at all times.] The remaining area of undeveloped/unoccupied
lots that are two (2) acres or larger shall be mowed, brush hogged,
or cut for hay to a height twelve (12) inches or shorter at least
two (2) times during the growing season with the last cutting being
after September 1;
4.
Rubbish and trash of every type,
whether located on or under the ground (except that located in an
approved and licensed landfill), or on vehicles, trucks, trailers,
porches, open carports, breezeways, open garages without doors or
similar areas that are visible from adjacent property or public roads,
except that which is stored in hard plastic or metal, water-tight
and fly-tight containers awaiting pickup for disposal by licensed
trash disposal companies which are placed at curbside no more than
twenty-four (24) hours before the expected time for pickup;
5.
Lumber, plywood, siding and similar
items not piled or stacked twelve (12) inches or more off of the ground;
6.
Rocks, fill dirt or bricks except
those delivered and neatly stacked or stockpiled for use in connection
with ongoing new construction and/or repairs or improvements and which
are actually used for that purpose within ninety (90) days of the
date of delivery;
7.
Tin, steel or parts of derelict/inoperable
cars or trucks, including, but not limited to, open storage of tires,
and open storage of vehicle parts;
8.
Inoperable or unlicensed motor vehicles,
unless a permit has been obtained for the storage of the same pursuant
to applicable Bolivar City ordinances;
9.
Broken furniture or inoperable or
unused appliances, including outdoor storage of furniture designed
for indoor use;
10.
Flammable material except that which
is maintained for ordinary household, commercial (but only if in an
area zoned for commercial activities) or industrial uses (but only
if in an area zoned for industrial activities) if stored in containers
designed for the specific material and the container is not maintained
unreasonably near a source of heat, flame or combustion;
11.
Any condition that is or is likely
to be a breeding ground or home for insects or rodents, including,
but not limited to, ponds or pools of stagnant water or other liquids;
12.
Stables, sheds, pens or yards in
which any type of animal has been or is being kept in which animal
waste shall collect or continue to exist;
13.
All decayed or unwholesome food offered
for sale to the public or offered to the public at no charge.
14.
All diseased animals running at large.
15.
Carcasses of dead animals not buried
or destroyed within twenty-four (24) hours after death.
16.
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 (but only if in an area zoned for
agricultural activities).
17.
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.
18.
Common drinking cups, roller towels,
combs, brushes or eating utensils in public or semisolid places where
not properly sanitized after use.
19.
Any vehicle used for septic tank
cleaning where the tank is not made of non-porous materials and is
airtight except when loading or unloading septic waste.
20.
Any and all infestations of flies,
fleas, roaches, lice, ticks, rats, mice, fly maggots, mosquito larvae
and hookworm larvae.
21.
The keeping of animals and fowl in
any area within the City not zoned for agricultural uses except domesticated
animals or fowl, animals in public or licensed zoos and farm animals.
"Domestic animal" shall mean and include an animal of a species of
vertebrates that has been domesticated by humans so as to live and
breed in a tame condition and depend on humankind for survival. "Domestic
fowl" shall mean and include a bird of a species that has been domesticated
by humans so as to live and breed in a tame condition and depend on
humankind for survival.
22.
Unlicensed dumps and licensed dumps
not operated or maintained in compliance with the ordinances of the
City of Bolivar and the Statutes of the State of Missouri or the regulations
of any agency of the State.
23.
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 Bolivar.
24.
All trees, plants or shrubs, any
part of which hang over or encroach into any right-of-way for streets
or utilities which interfere to any extent with the normal public
use of such rights-of-way, or present a significant risk of interference
with or damage to utility facilities of every type.
25.
Any obstruction that interferes in
any manner with the passage of pedestrians upon any sidewalk, including,
but not limited to, signs, bushes, tree limbs, plants or shrubs.
26.
All structures of any kind that encroach
into a public right-of-way for streets, sidewalks or utilities; provided
that this shall not apply to awnings made of substantial materials
and attached firmly to the adjoining buildings located in the downtown
business district.
27.
The emission or discharge into the
open air of dense smoke within the City limits of Bolivar is hereby
declared to be a public nuisance. "Dense smoke," as used herein, means
smoke from any source that materially interferes with the vision of
motor vehicles traveling in public rights-of-way, and all smoke created
by the burning of non-natural substances, such as, but not limited
to, tires, roofing materials, any petroleum-based product and vinyl.
C.
D.
Abatement Of Nuisance. The following provisions
will apply to the abatement of nuisances and violations within the
meaning of this Section:
1.
Authority To Abate Nuisances.
a.
The Code Enforcement Officer will
have authority to cause a nuisance or violation within the meaning
of this Section to be abated if a property owner or occupant:
(1)
Fails to comply with
the correction order by not abating the nuisance within the time provided;
and
(2)
Fails to request an appeal pursuant to Section 500.378 of Code of the City of Bolivar, as informed with a notice that was given by the Code Enforcement Officer; and
(3)
Fails to obtain a reversal
of the Code Enforcement Officer's decision after such appeal process
(but only if the responsible party has a right to appeal following
a required notice).
b.
In addition to the circumstances stated above, the Code Enforcement Officer will also have the authority to cause a nuisance or violation within the meaning of this Section to be abated if a property owner or occupant has no right to receive a notice of violation and correction pursuant to Section 500.375(B) and (D) of the Code of the City of Bolivar because the responsible party has permitted or caused the same or substantially the same violation to occur three (3) or more times within a period of twelve (12) months after the violation was previously corrected by either the responsible party(ies) or by the City.
c.
In abating a nuisance or other violation within the meaning of this Section, the Code Enforcement Officer may use any suitable means or assistance for that purpose, whether by employees of the City or day laborers especially employed for that purpose, and the cost of the abatement shall be assessed pursuant to Section 235.010(D)(3).
2.
Immediate Abatement. Whenever it becomes necessary to abate a nuisance immediately in order to secure the general health 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 day laborers especially employed for that purpose, and the cost of the abatement shall be assessed pursuant to Section 235.010(D)(3).
3.
Costs Of Abatement. The costs of the abatement by the City of any nuisance or violation within the meaning of this Section pursuant to Section 235.010(D)(1) and (2) above will be assessed to the property owner(s) and occupant, if not the same, as follows:
a.
The costs of abatement may include
a fee for the City's costs in administering this Section, including
the time reasonably expended by all City employees or officers who
are called upon to assist with the matter based upon their hourly
wage (determined in the case of salaried employees by dividing their
annual salary by 2,080) plus an additional thirty-three and one-third
percent (33 1/3%) for benefits and a reasonable charge for all
equipment or tools of the City which are used in abating the nuisance.
The Code Enforcement Officer may call upon other employees and City
equipment to abate the nuisance or may contract with third parties
to do so if the City has inadequate personnel and/or equipment, or
such personnel and/or equipment are not available to correct the condition.
b.
The Code Enforcement Officer or designated
officer shall certify the cost of such abatement to the City Clerk
or other officer in charge of finance. Such costs shall be included
in a special tax bill which shall be due and payable upon receipt
and shall be collected by the City Collector or other official collecting
taxes in the same manner and procedure for collecting real estate
taxes. Such special tax bill shall be mailed to each responsible party
to the address for that party as shown by the utility or other records
of the City or if no such address appears of record, then to any other
address that appears as a matter of public record such as, but not
limited to, the address to which property tax statements are mailed.
c.
Such special tax bill shall be delinquent
if not paid within thirty (30) days following its mailing and shall
be governed by the laws governing delinquent and back taxes. The special
tax bill shall bear interest at the rate of one percent (1%) per month
for each month, or fraction of a month, that the same remains delinquent.
The owner and the occupant of the lot or tract of land shall be jointly
and severally liable for the payment of the special tax bill, and,
in addition, the bill shall become a lien upon the lot or tract of
land upon the filing of a copy of the fee bill certified by the City
Clerk in the office of the Polk County Recorder of Deeds, which bill
shall contain a legal description of the property sufficient to identify
the same. The fee bill may be enforced in the same manner as are delinquent
real estate taxes under the laws of the State of Missouri and the
ordinances of the City. This shall be true notwithstanding the fact
that no regular taxes have been levied against the property. This
is notwithstanding the procedures set forth in Section 67.398, RSMo.
E.
Proportion Costs Of Abatement. If any nuisance
abated by the City as provided in this Section extended, before the
abatement, over the property or more than one (1) owner, the cost
of abating the same shall be assessed in proportion to the amount
of work and expense for each proportionate part of the entire work
and the area, and the special tax bills provided for in this Section
shall be levied and collected accordingly.
F.
Right-Of-Entry. Any officer or employee
of the City, and 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 for the
purpose of sanitary inspection or the discovery or abatement of any
nuisance.
G.
Joint Liability. The owner of any premises,
or his/her agent in charge thereof, as well as the tenant or occupants
of such premises, are hereby charged with the duty of observing all
of the requirements and provisions of this Section with reference
to nuisances, and any or all of such persons, together with the person
causing or contributing to cause any nuisance, may be charged with
the violation thereof and shall be equally liable.
H.
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.
I.
Violation An Ordinance Violation. A person who shall fail to comply with a notice as provided in this Section shall upon conviction be deemed guilty of an ordinance violation, "failure to abate a nuisance," and upon conviction shall be subject to punishment as provided in Section 100.220 of this Code. A charge filed by the City for failure to abate a nuisance shall not in any manner limit the rights of the City to cause a nuisance to be abated, nor shall notice by the Code Enforcement Officer be required as a precondition to the filing of charge by the City Prosecutor under this Section.
[R.O. 2009 § 235.020; R.O. 2007
§ 540.010; Ord. No. 1799, 8-13-1998]
A.
The City of Bolivar be hereby authorized to file and otherwise prosecute a civil cause of action for the abatement of nuisances created by the accumulation of unsightly, dangerous or noxious personal property within the borders of the City of Bolivar, Missouri, and as provided and allowed under Section 79.383, RSMo. This remedy shall be in addition to and not in lieu of any other rights of the City under the provisions of Section 235.010 of this Code.
