[R.O. 2012 §210.010; Ord. No. 1439 §1, 4-21-2009; Ord. No. 1474 §§1 — 2, 4-19-2011; Ord. No. 1494 §1, 4-18-2012]
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.
Privy vaults or garbage cans which are not fly-tight, that is, privy
vaults or 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 Warson Woods.
11.
Any vehicle used for garbage or rubbish disposal which is not equipped
with a watertight 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 Warson Woods and the
Statutes of the State of Missouri.
15.
Any and all discharges, either directly or indirectly, into a storm
water system of 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.
Any loading and unloading of any commercial vehicle and associated
activities ("loading Activity") within ninety-nine (99) feet of any
residential structure or dwelling located within Warson Woods between
the hours of 9:00 P.M. and 7:00 A.M. the following day, and more than
one hundred (100) feet from any residential dwelling or structure
located within Warson Woods between the hours of 9:00 P.M. and 6:30
A.M. the following day. For purposes of this Section, loading activity
includes, but is not limited to: Leaving the vehicle's engine or refrigerator
and heating unit(s) running during any loading activity; reversing
a vehicle when such action causes a beeping or other audible alert
indicating that the vehicle is reversing; moving, dragging, rolling,
stacking, opening, destroying, crushing or breaking-down of bales,
boxes, crates, pallets, containers, and similar objects; and parking
or driving of such vehicle in a manner as to project its headlights
towards or on any residence. Notwithstanding anything contained herein,
failure to abide by the above restrictions prohibiting any commercial
vehicle from leaving its engine or heating and refrigerator unit(s)
running during such loading activity shall not be deemed a nuisance
during extreme weather whereby turning off the vehicle's engine or
refrigerator and heating unit(s) would cause damage either by making
it difficult to re-start the vehicle or cause the goods being transported
to perish.
17.
Failure to maintain a private stormwater management facility located
on any lot or land resulting in conditions which impair its proper
operation including, but not limited to, excessive sediment, extensive
ponding of water, rubbish and trash, noxious weeds or invasive plants
or nuisance plants exceeding twelve (12) inches in height, or any
material which is unhealthy or impacts the proper operation of the
private stormwater management facility. Except that native plants,
turf grass, ornamental grasses or shrubs, including plants that are
part of an approved, designed private stormwater facility or MSD approved
guidance document will not constitute a nuisance defined herein.
a.
For purposes of this Section:
(1)
"Stormwater" means rainfall runoff, snow melt
runoff, and surface runoff and drainage.
(2)
"Stormwater management facility" means structure
and constructed feature designed for the collection, conveyance, storage,
treatment and disposal of stormwater runoff into and through the stormwater
system. Stormwater management facilities include vegetative or structural
measures, or both, to control the increased volume, rate, and quality
of stormwater runoff caused by man-made changes to land.
19.
Concrete, mud, mulch, dirt, sand, wood, brick, stones, rocks,
debris, construction material or other loose material deposited in
or upon the street or sidewalk for use on a lot and allowed to remain
in or upon a City street or sidewalk after working hours or weekends.
[Ord. No. 1578 § 1, 10-18-2016]
20.
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
Warson Woods.
B.
Unlawful To Cause, Maintain Within One-Half Mile Of City. 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 Warson Woods, or within one-half (½) mile of the
corporate limits of the City of Warson Woods, 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.
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 Mayor
or his/her designate shall have the authority to order the Chief of
Police or Health Officer or other City Official to immediately abate
the nuisance in an appropriate manner.
D.
Abatement — Procedure Generally.
[Ord. No. 1573 § 3, 8-23-2016]
1.
Notice. If the City Clerk has reason to believe that a nuisance
is being maintained within the City, the City Clerk or designee shall
notify the person causing, maintaining or permitting the same to remove,
terminate or abate such nuisance within a reasonable time not less
than ten (10) days as determined by the City Clerk after consideration
of the nature of the nuisance and the actions necessary to remedy
the situation. Such notice shall also state that upon failure to abate
the condition causing the nuisance within the prescribed time period,
the City shall hold a hearing where all parties may be heard and present
evidence as to whether the condition constitutes a nuisance and should
be removed. Such notices shall be given by first class United States
mail, in person or by posting a copy thereof on the property involved.
Where the property is not owner-occupied, service of the notice shall
be to the owner of the property and to any occupant of the property.
The notice shall specifically describe each condition of the lot or
land declared to be a public nuisance and identify what action will
remedy the public nuisance. The notice shall include a date, time,
and place of the scheduled hearing no sooner than ten (10) days after
such notice and include a statement that the hearing shall be deemed
automatically canceled if the property owner abates the conditions
described in the notice within the time specified in such notice.
2.
Hearing. Should the person or persons so notified fail to remove, terminate or abate such nuisance within the time specified, the scheduled hearing shall take place. The hearing shall be before the Mayor, be under oath, which shall be administered by the Mayor, recorded, and all such parties shall have an opportunity to be heard and present evidence as to whether the condition maintained on the property constitutes a nuisance and whether the procedures of this Article were substantially complied with. After hearing all evidence, if the Mayor finds a nuisance is being maintained in violation of this Article, he/she may order the nuisance abated within a reasonable time. The order shall be in writing specifying the grounds for the order and the time by which the nuisance must be abated and either provided at the hearing or shall be served to the affected persons in accordance with Section 210.010(D)(1). The notice shall also inform the recipients that the failure to comply with the order shall mean that the City will abate the nuisance with costs to the owner and/or occupant.
3.
Abatement/Special Tax Bill. Upon failure of the person to comply
with the Mayor's order, the City may cause the same to be promptly
removed, terminated or abated and thereafter certify the cost of such
corrective action, along with proof of notice to the owner of the
property, to the City Clerk, who shall cause a special tax bill to
be issued in that amount against the property from which the nuisance
was removed, terminated or abated, the same to be collected with other
taxes assessed against the property. No mere clerical error or informality
in such lien or in the proceedings leading to its issuance shall be
a defense thereto. The certified costs associated with the removal,
termination or abatement of such nuisance shall include all expenses
incurred by the City in the removal of the nuisance, including, but
not limited to, the actual cost of inspecting the land or lot, the
actual cost of service of notice as provided herein, the actual cost
of abatement, reasonable attorneys' fees, and the actual cost
of issuing and recording the tax bill. Such tax bill shall bear interest
at the rate of six percent (6%) per annum if not paid within thirty
(30) days after issuance. 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 first lien on the property
from the date the tax bill is delinquent until paid and shall be prima
facie evidence of the recitals thereof and of its validity.
4.
Other Remedies. Nothing in this Section shall limit the right
of the City or the Mayor to seek any other remedy allowed by law in
addition to or in lieu of the remedy specified herein.
[R.O. 2012 §210.040; Ord. No. 1244 §§1 — 5, 6-19-2001; Ord. No. 1386 §1, 2-20-2007]
A.
Failure To Remove Weeds, High Grass, Yard Waste And Rubbish. Any person owning or occupying any lot or tract of land in the City
shall cut and remove promptly from such lot or tract of land any weeds,
grass and brush exceeding twelve (12) inches in height. Any person
owning or occupying any lot or tract of land in the City shall remove
promptly any tree limbs, fallen trees, accumulation of fallen leaves,
dead shrubbery and other kinds of yard waste, rubbish, refuse and
trash from such lot or tract of land. In no circumstance shall any
person owning or occupying any lot or tract of land in the City cause
or allow such tree limbs, fallen trees, accumulation of fallen leaves,
dead shrubbery and other kinds of yard waste, rubbish, refuse and
trash from such lot or tract of land to be placed in or upon any abutting
street or roadway.
C.
Liability. In case any lot or tract of land in the City is owned in joint tenancy, tenancy by the entirety or tenancy in common, or is rented or leased, each owner, tenant or landlord shall be liable for any public nuisance as defined in this Section 210.020.
D.
Notice. The Chief of Police shall give a hearing after four
(4) 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 conditions of the premises to be a public nuisance and order the
same to be abated within five (5) days.
E.
Disposition. In case the nuisance is not abated within the
five (5) days, the Chief of Police shall have the nuisance abated
and shall certify the costs of same to the City Clerk.
F.
If
weeds are allowed to grow, or if trash is allowed to accumulate, on
the same property in violation of this Section more than once during
the same growing season in the case of weeds, or more than once during
a calendar year in the case of trash, the marshal or other designated
official may, without further notification, have the weeds or trash
removed and the cost of the same shall be billed in the manner described
in this Section. This Subsection does not apply to lands owned by
a public utility and lands, rights-of-way, and easements appurtenant
or incidental to lands controlled by any railroad.
G.
If
the owner of such property fails to begin removing the nuisance within
the time allowed, or upon failure to pursue the removal of such nuisance
without unnecessary delay, the Code Enforcement Official shall cause
the condition which constitutes the nuisance to be removed. If the
Code Enforcement Official causes such condition to be removed or abated,
the cost of such removal shall be certified to the City Clerk and/or
Finance Officer 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.
[R.O. 2012 §210.045; Ord. No. 1254 §1, 11-20-2001]
A.
All
dead, or decaying trees and all trees, dead limbs or branches in trees
that create a dangerous or unsafe condition to the public or neighboring
properties and all trees infected by a disease that is not promptly
treated or that is not remediable are hereby declared to be a public
nuisance and shall be promptly taken down and removed from the premises
by owner(s) or occupant(s) of any tract of land in the City of Warson
Woods on which the same is situated.
B.
It shall be the duty of the Chief of Police, or his/her designee, to serve notice in accordance with Section 210.020(D) hereof that such tree or trees, or parts of trees, shall be removed and the reasons therefore. The City shall perform the same duties and have the same powers and rights and shall give the same notices and conduct the same hearings as are provided pursuant to Section 210.010 of this Chapter. Special tax bills shall be issued and shall become a lien in the same manner as provided under the terms of Section 210.020(G) of this Chapter.
C.
In addition to the remedial provisions set forth in this Section and in order to protect, promote and preserve the public health and safety, it is hereby declared that any person failing to comply with the provisions of this Section within thirty (30) days of the service or posting and mailing of such notice shall be deemed to be in violation of this Chapter and shall be punished upon conviction as provided in Section 210.020 of this Code.
D.
Trees
in the street right-of-way or tree-way which are adjacent to any improved
property in the City shall be the responsibility of the owner or owners
of the adjoining lot for the purposes of this Chapter.
