[R.O. 2009 §17-1; Code 1975 §420.020; Ord. No. 2753 §1, 9-10-1997]
The following are hereby defined, deemed and declared to be
nuisances for the purposes of this Chapter:
DEBRIS OF ANY KIND
Including, but not limited to, weed cuttings, cut and fallen
trees and shrubs, overgrown vegetation and noxious weeds that are
seven (7) inches or more in height, 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 material that may endanger the public safety or any material
that is unhealthy or unsafe.
FOUL, ETC., SMELLING SUBSTANCES, HARMFUL, ETC., THINGS GENERALLY
All substances which emit or cause any foul, noxious, unhealthful
or disagreeable odor or effluvia in the neighborhood where they exist
and all those things which work, hurt, harm, annoy or cause inconvenience
to another.
FOUL SMELLING BUSINESSES
Every soap factory, tallow chandler, cellar, shop, tannery,
brewery, distillery, meat shop, sausage factory, slaughterhouse, stable,
barn or other buildings which emit or cause any offensive, disagreeable,
noxious or nauseous smell or odor.
INJURIOUS, ANNOYING, ETC.
Pursuits or acts, all pursuits followed or engaged in or
acts done by any person to the injury, annoyance or inconvenience
of the public.
OFFENSIVE, ETC., ARTICLES
All articles or things whatsoever caused, kept, maintained
or permitted by any person to the injury, inconvenience or annoyance
of the public.
OFFENSIVE SUBSTANCES GENERALLY
All ashes, cinders, slops, filth, excrement, sawdust, stones,
rock, dirt, straw, soot, sticks, shavings, oyster shells, bones, cans,
dust, paper, trash, rubbish, manure, refuse, offal, waste paper, fish,
putrid meat, entrails, decayed fruit or vegetables, broken ware, rags,
old iron or other metal, old wearing apparel, all animal or vegetable
matter, all dead animals or other offensive or disagreeable substances
or things grown, thrown, left, deposited or caused to be thrown, left
or deposited by anyone in or upon any street, avenue, alley, sidewalk,
park, public square, public enclosure, vacant lot, pond, pool of water
or railroad right-of-way.
SLOPS, FILTH, REFUSE, ETC., DEPOSITED ON STREETS, ETC.
All slops, foul or dirty water, liquor or beer washings and
all filth, refuse or offal discharged through drains or spouts or
otherwise thrown or deposited in or upon any street, avenue, sidewalk,
alley, lot, park, public square or public enclosure or allowed to
accumulate thereon in a pond or pool.
UNCLEAN SLAUGHTERHOUSES
Exposed green or salted hides, all unclean slaughterhouses
in the City and all green or salted hides left or deposited in any
open place.
[R.O. 2009 §17-2; Code 1975 §420.010]
No person shall, within this City, permit, cause, keep, maintain
or do any nuisance as defined by the laws of this State, the provisions
of this Chapter or other ordinances of this City or cause or permit
to be committed, caused, kept, maintained or done any such nuisance
within this City.
[R.O. 2009 §17-3; Code 1975 §420.040]
No owner, occupant or person in charge of any house, building,
lot or premises within the City shall cause or allow any nuisance
to be or remain in or upon any such house, building, lot or premises.
[R.O. 2009 §17-4; Code 1975 §420.030]
No person shall locate, set up, run, maintain or operate within
this City within six hundred (600) feet of any store, residence or
dwelling house any railroad asphalt plant, asphalt mixing plant or
other plant which emits or gives out dust, foul, noxious, unhealthful
or disagreeable odor and the location, running, setting up, maintaining
or operating any such plant as aforesaid within six hundred (600)
feet of any store, residence or dwelling house is hereby declared
to be a nuisance.
[R.O. 2009 §17-5; Code 1975 §420.050]
No owner, occupant or other person in charge of any house, building,
lot or premises shall place, leave or deposit or cause to be placed,
left or deposited or suffer or allow to remain in or upon any sidewalk,
curbing or guttering in front of or along the side thereof any empty
boxes, barrels, kegs, crates, boards, broken wire, glass, filth, ashes,
cinders, slops, excrements, sawdust, straw, soot, sticks, shavings,
oyster shells, bones, cans, paper, rags, trash, rubbish, refuse, offal,
manure, putrid fish, meats, entrails, decayed fruits or vegetables,
old iron or metals of any kind, old wearing apparel, any animal or
vegetable matter or any offensive substance whatever.
[R.O. 2009 §17-6; Code 1975 §420.060]
The rendering or heating or steaming of any animal or vegetable
product or substance creating or generating noisome, disagreeable
or unwholesome smells, odors or gaseous vapors shall be done and conducted
in steam-tight kettles, tanks or boilers and such methods shall be
adopted as entirely condense, decompose, deodorize and destroy such
smells, odors and vapors.
[R.O. 2009 §17-7; Code 1975 §420.070]
No distiller, tanner, brewer, soap boiler, tallow chandler,
dyer or keeper of any livery stable, feed stable, the keeper of any
meat market or the servant or employee of such keeper nor shall any
other person discharge out of or from any still, house, tannery, brewery,
manufactory shop, barn, stable, meat shop or other place of business
nor from any other place whatever any foul, disagreeable or nauseous
liquids or substances of any kind whatever into any pond, pool or
adjoining ground or into or upon any street, avenue, alley, sidewalk,
park, public square or other public place or upon any private land
not his/her own.
[R.O. 2009 §17-8; Code 1975 §420.090]
No person shall keep or cause, allow or permit to be kept on
any premises occupied by him/her or under his/her charge and control
any horses, mules, hogs, cattle, sheep or other animals in a pen or
enclosure so that an offensive, disagreeable or noxious smell or odor
shall arise therefrom to the injury, annoyance or inconvenience of
any inhabitant of the neighborhood thereof.
[R.O. 2009 §17-9; Code 1975 §420.110]
No person shall suffer or allow any unwholesome meats or fish,
decayed fruits or vegetables, refuse, offal, excrement or other filthy
or offensive substance or thing to be or remain in or upon any house,
building, lot or premises owned or occupied by him/her or under his/her
charge or control.
[R.O. 2009 §17-10; Code 1975 §420.150; Ord. No. 1709 §1, 3-9-1983; Ord. No. 1725 §1, 7-13-1983; Ord. No. 2658 §1, 7-24-1996; Ord. No. 4307 §III, 8-11-2016]
Whenever the Mayor and/or his/her appointed representative ascertain
or have any knowledge that a nuisance exists in or on property in
the City, he/she shall, in writing, notify the owner, occupant, lessee,
mortgagee, agent and all other persons having an interest in the building
or structure or property as shown by the land records of the Recorder
of Deeds in Jefferson County to abate or move such nuisance within
ten (10) days from receipt of such notice. If the nuisance presents
an immediate, specifically identified risk to the public health or
safety, the notice may require abatement in a shorter period of time,
but at least twenty-four (24) hours from the receipt of such notice.
The aforesaid notice shall identify what action(s) are required to
remedy such nuisance. The aforesaid notice shall be delivered by personal
service, first-class mail, or registered mail with return receipt
requested delivered in person by a duly commissioned officer of the
City.
[R.O. 2009 §17-11; Code 1975 §420.160; Ord. No. 1709 §2, 3-9-1983; Ord. No. 1725 §2, 7-13-1983; Ord. No. 4307 §III, 8-11-2016]
Any person notified as provided in Section
215.100 who shall fail, neglect or refuse to comply with the same within the time specified in such notice shall be deemed guilty of an ordinance violation and shall be fined a minimum of one hundred dollars ($100.00) and every day thereafter that such person shall fail, neglect or refuse to abate or remove a nuisance either by filling up, draining, cleaning, purifying, discontinuing or removing the same, such person shall be deemed guilty of a separate offense and shall be proceeded against as in the first (1st) instance. If a prosecution is filed in the City of Festus Municipal Division for a violation of this Chapter, any fines and court costs assessed in such prosecution which are delinquent for more than one (1) year may be added to annual real estate tax bill for such property, if such property is still owned by the person incurring the fines and costs. Such fines and costs shall be collected by the City of Festus in the same manner and procedure for collecting real estate taxes.
[R.O. 2009 §17-12; Ord. No. 1725 §3, 7-13-1983; Ord. No. 4734, 8-14-2023]
After the expiration date of the abatement notice, if the nuisance
is not removed from the property, the Mayor or his/her duly authorized
representative shall remove the nuisance and shall certify the cost
of same to the City Clerk who shall cause a special tax bill therefor
against the property to be prepared and to be collected with other
taxes assessed against the property; and the 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. Each special tax bill shall be issued by the City Clerk on
or before the first (1st) day of June of each year. Such tax bills
if not paid when due shall bear interest at the rate of eight percent
(8%) per annum, or the maximum rate allowed under Missouri law for
the collection of delinquent real estate.