[CC 1984 §§14.050, 14.130; Ord.
No. 267, 7-17-1984; Ord. No. 427A §§c, d, 10-5-1998; Ord. No. 1050, 12-2-2008; Ord. No. 1057, 1-6-2009; Ord. No. 2020-21, 10-14-2020; Ord. No. 2021-12, 9-8-2021]
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 Weatherby Lake.
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 Weatherby Lake and
the Statutes of the State of Missouri.
15.
No person shall discharge or cause to be discharged into a stormwater
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.
It is hereby declared to be a nuisance for any person to corrupt
or render unwholesome or impure the water of any spring, river, stream,
pond or Weatherby Lake itself.
17.
All other acts, practices, conduct, business, occupation callings,
trades, uses of property and all other things detrimental or certain
to be deterimental to the health of the inhabitants of the City of
Weatherby Lake.
18.
Abandoned, wrecked, inoperable or unlicensed vehicles.
a.
All abandoned, wrecked, inoperable or unlicensed motor vehicles
as defined by this Section are hereby declared to be a nuisance.
b.
ABANDONED MOTOR VEHICLE
INOPERABLE MOTOR VEHICLE
MOTOR VEHICLE
MOTORCYCLE
MOTORIZED BICYCLE
UNLICENSED MOTOR VEHICLE
WRECKED MOTOR VEHICLE
For the purposes of this Chapter, the following definitions
shall apply:
Any motor vehicle or motorcycle which is left at a place
for such time and under such circumstances as to cause such motor
vehicle or motorcycle reasonably to appear to have been abandoned.
Any motor vehicle or motorcycle which for a period of at
least the last thirty (30) days, the engine, wheels or other parts
have been altered, damaged or otherwise segregated and the vehicle
is incapable of being driven under its own motor power, except that
the term shall not apply to include a motor vehicle or motorcycle
which has been rendered temporarily incapable of being driven under
its own power in order to perform ordinary services or repair operations,
nor any motor vehicles or motorcycles that are kept within a building
when not in use and historic vehicles over twenty-five (25) years
of age or any vehicle inside an enclosed building.
Any self-propelled vehicle not operated exclusively upon
tracks, except farm tractors and motorized bicycles.
Every motor vehicle having a seat or saddle for the use of
the rider and designed to travel on not more than three (3) wheels
in contact with the ground but excluding a tractor.
Any two-wheeled or three-wheeled device having an automatic
transmission and a motor with a cylinder capacity of not more than
fifty (50) cubic centimeters which produces less than three (3) gross
brake horsepower and is capable of propelling the device at a maximum
speed of not more than thirty (30) miles per hour on level ground.
Any motor vehicle or motorcycle not displaying a current
and validly issued license plate from the State of Missouri, provided
that it shall not be a violation for individuals who are residents
of States other than Missouri to park vehicles in the City of Weatherby
Lake so long as said vehicles are validly licensed in the State where
the owner resides.
A motor vehicle or motorcycle that is so damaged that it
is incapable of being operated.
19.
Exterior Real Estate Lighting. Exterior lighting in the City
shall be arranged, constructed and/or installed in such a manner that
the beam of light from each light source shall be directed away from
neighboring properties and confined to the area of the subject property
on which the exterior light source is located. It is declared a nuisance
to arrange, maintain or install one (1) or more light sources on real
estate in the City in such a manner that the beam of light from the
light source is directed onto neighboring properties.
B.
Storage Of Personal Property. Unsheltered storage of old, unused,
stripped, junked machinery, implements and/or equipment and personal
property of any kind which is no longer safely usable for the purpose
for which it is manufactured for a period of thirty (30) days or more
(except in licensed junk yards) within the corporate limits of the
City is hereby declared to be a nuisance and dangerous to the public
safety and prohibited. This shall include, but is not limited to,
the keeping or the depositing on or the scattering over the premises
of any of the following:
1.
Lumber, junk, trash or debris.
2.
Abandoned, discarded or unused objects or equipment such as
freezers, cans or containers.
3.
The outside storage of new and used waste tires.
4.
Allowing a motor vehicle to be parked on any part of a residential
lot except that portion which is constructed and surfaced for parking
or driveway purposes unless it is screened from the street.
C.
Portable Storage Units.
1.
PODS®
PORTABLE STORAGE UNIT
STORAGE TRAILER
For the purposes of this Subsection (C), the following definitions shall apply:
An acronym and common name for portable on demand storage
units and includes, but is not limited to, portable storage units
and storage trailers and similar devices.
A container designed, constructed and commonly used for non-permanent
placement on property for the purpose of temporary storage of personal
property.
Storage trailer includes trucks, trailers, and other vehicles
or parts of vehicles designed to be hitched or attached to trucks,
tractors or other vehicles for movement from place to place used as
a temporary storage device.
2.
It shall be unlawful for any person to park, place or suffer
the placement of any PODS® in or upon
any street, highway, or roadway in the City.
3.
It shall be unlawful for any person to park, place or suffer
the placement of any PODS® upon any
lot or property in the City other than on an improved surface.
4.
The maximum allowable size for any PODS® is one hundred sixty (160) square feet with an overall length not
to exceed twenty (20) feet.
5.
Any PODS® which are installed,
placed, deposited or parked on any property shall be so situated as
to minimize the potential for interference with sight lines for motorists
on adjoining streets and nearby driveways and shall be at least fifteen
(15) feet from the edge of the roadway or street.
6.
Prior to the installation, depositing, parking, or leaving of
any PODs within the City, the City Clerk must be notified in writing
of the presence of the PODs. Failure to notify the City Clerk will
be deemed to be a violation of this Section. Any such PODs about which
notice has been properly given may remain on the designated property
for up to seven (7) days.
7.
No person shall install, deposit, park or leave any PODs on
any property within the City for more than seven (7) days without
first obtaining a permit from the City Clerk. A permit fee of fifty
dollars ($50.00) would be required. The permit shall be for one (1)
such device and for a period not to exceed a total of thirty (30)
days (excluding the original seven (7) days if notice was properly
provided to the City) during which time the unit may be kept on the
permitted property. The thirty (30) days will include loading and
unloading time. No more than one (1) permit may be issued for any
lot or parcel of property in any twelve (12)-month period. If the
person elects to move the PODS® to
an off-site storage facility the person obtaining the permit shall
within forty-eight (48) hours of its removal, notify the City Clerk
of the date that it was removed from the property. Within the twelve
(12) months of the permit date the device may be returned to the property
one (1) time so long as the cumulative total time on the property
within the twelve (12) months from the permit date does not exceed
the thirty (30) days. Any PODS® moved
on to the property more than twelve (12) months from the permit date
will require a new permit.
8.
Other than as permitted herein, PODS® within the corporate limits of the City is hereby declared to be
a nuisance and dangerous to the public safety and is prohibited.
9.
This Section shall not apply to the use or placement of construction
trailers and equipment on property in association with ongoing construction
activities carried out pursuant to a valid building permit.
D.
Unlawful to Cause, Maintain Within City or One-Half (1/2) 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 Weatherby Lake or within one-half (1/2) mile of the corporate limits
of the City of Weatherby Lake, 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.
E.
Authority To Abate Emergency Cases. In cases where it reasonably
appears that there is an immediate danger to the health, safety or
welfare of the public due to the existence of a nuisance, the City
shall have authority to immediately abate the nuisance in an appropriate
manner.
F.
Abatement — Procedure Generally. Whenever the Board of Alderpersons
receives notification that a nuisance may exist, it shall proceed
as follows, except as may be otherwise provided herein:
1.
It Shall Investigate The Same. The Board may order any person
who has caused or is maintaining the nuisance to appear before the
Board at such time and place as the Board may direct to show cause,
if any, why that person should not abate the nuisance. Every person
required to appear before the Board shall have at least ten (10) days'
notice thereof.
2.
Such notice shall be signed by the Zoning Enforcement Officer
or Chief of Police and shall be served upon that person by delivering
a copy thereof to the person, or by leaving a copy at his/her residence
with some member of the family or household over fifteen (15) years
of age, or upon any corporation by delivering the copy thereof to
the President or to any other officer at any business office of the
corporation within the City. If the notice cannot be given for the
reason that the person named in the notice or his/her agent cannot
be found in the City, of which fact the return upon such notice of
the officer serving the same shall be conclusive evidence, such notice
shall be published in a daily newspaper for three (3) consecutive
days, if a daily, or once, if a weekly paper, giving at least ten
(10) days' notice from the final publication date of the time
fixed for the parties to appear before the Board.
3.
If after hearing all the evidence the Board of Alderpersons
may determine that a nuisance exists, it may direct the Zoning Enforcement
Officer or Chief of Police or other City Official to order the person
to abate the nuisance within twenty (20) days or within such other
time as the Board may deem reasonable. Such order shall be served
in the manner provided in this Section for service of the order to
show cause. The order may further provide that the appropriate City
Official be directed to abate the nuisance if the order is not obeyed
within the time period set by the Board, and that a special tax bill
be issued for the costs of abating the nuisance.
4.
If the order has not been obeyed within the time period set
by the Board, the appropriate City Official shall proceed to abate
the nuisance in the manner provided by the order of the Board, and
the cost of same, if ordered by the Board, may be assessed as a special
tax against the property so improved or upon which such work was done;
and, if so ordered, the City Clerk shall cause a special tax bill
therefor against the owner thereof when known, and if not known then
against the unknown persons, and the certified bills of such assessment
shall describe therein the property upon which the work was done.
5.
The bills for the above work shall be recorded and shall be
collected and paid as provided for the collection of other special
tax bills for the repairing of sidewalks or grading or paving of streets
and shall be a lien on the property.
6.
The cost of abating nuisances on private property shall be levied
and assessed on each lot in proportion to the amount of work done
and material used in abating the nuisance located on each such lot.
[CC 1984 §14.190; Ord. No. 267, 7-17-1984]
The assessment of any special effects for the abating of a nuisance
or the bringing of any suit for the cost of abating the nuisance shall
in no way excuse or render immune from prosecution or fine any person
found guilty of creating or maintaining a nuisance.
[CC 1984 §14.060; Ord. No. 267, 7-17-1984; Ord. No.
1049, 12-2-2008]
A.
Failure To Keep Weeds, High Grass And Other Vegetation Cut And Removed,
A Nuisance. All persons owning or occupying any lot or tract
of land in the City shall keep the weeds, high grass and other vegetation
growing on such property cut and removed. Whenever such weeds, high
grass or other vegetation shall attain the height of eight (8) inches,
it shall be deemed a public nuisance. The word "weeds", as used herein, shall be held to include all vegetable growths except
cultivated plants, trees and shrubs.
C.
Liability. Whenever weeds, high grass or other vegetation in violation of Subsection (A) of this Section are allowed to grow on any part of any lot or ground within the City, the owner of the ground or, in case of joint tenancy, tenancy by entireties or tenancy in common, each owner thereof shall be liable.
D.
Daily Violation. Each day that a nuisance shall be maintained
is a separate offense.
E.
Abatement Procedure. In addition to the ordinance violation punishable as set forth in Section 100.230 of this Code, the City may also abate the nuisance by the following procedure:
1.
Notice. The Chief of Police shall give a hearing
after ten (10) days' notice thereof either personally or by United
States mail to the owner or owners, or his/her or their agents, or
by posting such notice on the premises; thereupon, the Chief of Police
may declare the weeds, high grass or other vegetation to be a nuisance
and order the same to be abated within five (5) days.
2.
Disposition. In case the weeds, high grass or other
vegetation are not cut down and removed within the five (5) days,
the Chief of Police shall have the weeds, high grass or other vegetation
cut down and removed and shall certify the costs of same to the City
Clerk.
3.
Tax Bill. The City Clerk shall cause a special tax
bill therefor against the property to be prepared and to be collected
by the Collector 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 and delivered to the Collector 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.
